Thoreon Terms of Service

Effective Date: July 17, 2020

Welcome to Thoreon. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully.

Terms of Service

The Thoreon website, related mobile applications and backend services (collectively, the “Services”) are made available to you by Thoreon, LLC., subject to these Terms of Service (the “Terms”) and in accordance with the Thoreon Privacy Policy (the “Privacy Policy”). More information about the Services may be found at https://thoreon.com. You agree to comply with these Terms and any supplemental terms which Thoreon makes available to you on the Services which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.

 

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

 

The Thoreon Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Thoreon processing data about you, including your fitness, nutrition and activity data. Processing of the data you share with Thoreon, including fitness data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

 

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Thoreon are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Thoreon on an individual basis, unless you opt-out in accordance with the instructions below.

Registration and Accounts

The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

 

To use the Services, you must register. When you first time use Thoreon mobile application, you hereby authorize Thoreon to pre-populate the registration and other relevant information fields in your Keychain of your Apple ID account to use the Services. Your paid subscriptions and transactions are managed by Apple and linked to your App Store account.

 

You are solely responsible for maintaining the confidentiality of the information stored on your device and associated with your account and, your computer and mobile device while use the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Thoreon of any unauthorized use of your account or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to Thoreon.

 

By virtue of certain of the Services connecting to the Apple ID, you hereby agree to be bound by the Apple ID Terms of Service (including the Apple Privacy Policy) in connection with your use of such Services.

Membership subscription

This section only applies when you purchase and/or subscribe to Thoreon or other paid products. By paying the subscription fee, you get access to Thoreon during the time your subscription is valid, subject to these Terms.

 

All subscriptions with Thoreon are paid in advance.

 

You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. If you have subscribed to Thoreon through the use of App Store, using in-app purchase, you can only cancel your subscription through the use of their services. Subscription fees can be found in the mobile application and differs from the geographic region that your Apple ID associated with. Special terms and conditions may apply. Thoreon reserves the right to change the subscription fees from time to time.

 

You hereby consent to start using the Services immediately upon subscribing with Thoreon or other paid products. All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple’s consent. If you would like to contact Apple, please click here.

Intellectual property

All rights in and to the Services, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within the Service are the property of Thoreon and/or third parties. You agree not to use Intellectual Property for any other purposes except for your use of the Service unless required otherwise by applicable mandatory law.

 

By using the Services and submitting information in the Thoreon mobile application, you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to your content. You agree to grant Thoreon a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use submitted information to the extent necessary for Thoreon to operate and maintain the Service. This license shall remain valid until the respective information is deleted from the Service by you in accordance with these Terms.

Disclaimer and limitation of liability

You use the Service at your own risk. The Service is provided “AS IS,” without any warranties, and Thoreon does not warrant that the Service and availability thereof will be uninterrupted or error-free. Thoreon does not assume any responsibility for errors or omissions in the information or software or other documents, including your mobile application information, which is referenced by or linked to. References or links to third parties’ websites are provided “AS IS”, without warranty of any kind, either express or implied.

 

In no event shall Thoreon be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, Thoreon’s aggregated liability for any direct damages shall be limited to the lesser of: (i) membership fees paid by the user; (ii) membership fees paid by the user during the previous calendar year.

Governing law and dispute resolution

These Terms and the use of the Services are governed by the laws of New Zealand, except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Service shall be resolved by the New Zealand public courts, whereby the District Court of New Zealand shall be the court of the first instance.

© 2020 Thoreon Limited. All rights reserved.