MyWhoosh is an indoor fitness app that makes workouts not only fun, but convenient as well. Read these terms and conditions (“Terms“) to understand the rules for using MyWhoosh.
By installing and using MyWhoosh (including the application itself, its services, features, etcetera, collectively “Services“, “App”) and by visiting www.mywhoosh.com (“Site”), the user (“user”, “you”, “your”) agrees to these Terms. If you do not agree to these Terms, you must not use our Site or the App.
WHO WE ARE AND HOW TO CONTACT US
The Site and the App are operated by My Whoosh Technology Services LLC (“we”, “us”, “our”) with principal place of business at Royal Group Building, Abu Dhabi, United Arab Emirates. To contact us, please use the contact details in the “Contact Us” section of the Site and/or App.
If you have any questions or queries in relation to these Terms, you can contact us using the details above. We also welcome feedback and suggestions as they allow us to keep improving. Therefore, they too can be communicated to us through the same channel.
OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to additional terms, which also apply to your use of our Site and the App, for example our Racing Terms and Privacy Policy.
WE MAY MAKE CHANGES TO THESE TERMS, OUR SITE AND THE APP
We may make changes to these Terms from time to time. Every time you wish to use our Site and the App, please check these Terms to ensure you understand the terms and conditions that apply at that time.
We may update and change our Site and the App from time to time to reflect changes to our products, services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OUR SITE AND/OR THE APP
We do not guarantee that our Site and the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site, the App and/or the Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Site and/or the App through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
ELIGIBILITY TERMS
AGE-SPECIFIC: To be able to use the Site, App and Services, you must be at least 18 years of age or above. If you are under the age of 18 you should not use our Site, App or Services.
TECHNICAL: The App is currently available and supported on the following platforms, namely iOS and Android. Along with that, it requires a Bluetooth/ANT+ connection and Internet connectivity to make its usage possible. Furthermore, you also require an Indoor Smart Bike/Smart Trainer with a bike, depending upon your type of usage, to be able to benefit from the App and its Services.
GENERAL: Besides all the above requirements, you must also set up an account and register on the App. Doing so will allow you to enjoy a personalized experience and the general services of the App. The basic information required to meet this step includes the following:
- Email Address
- Age
- Gender
- Country
- Height
- Weight
To read more about how we handle your personal information, please see our Privacy Policy.
ACCOUNT SECURITY
The information above is required to identify and differentiate you from other Users along with providing you with a more personalized experience. It is your responsibility to ensure that the information you provide is accurate, up to date and complete, and to promptly update it when there are any changes.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at the contact details found above.
PROHIBITIONS AND LIMITS OF USE
Whenever you make use of a feature that allows you to upload content to our Site and/or App, or to contact other users of the Site and/or App, you must comply with these Terms and the rules below.
You warrant that any such contribution does comply with these Terms and the rules below, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You shall ensure that your account is not a host to any illicit and/or unlawful activity including the violation of any intellectual property right, or an act of fraud or infringement of contracts with third parties.
Should you elect to compete in any of our races, you will also be required to comply with and agree to additional terms and conditions (“Racing Terms”) before participating. These Racing Terms can be found here.
UNACCEPTABLE USE
Unacceptable usage includes (without limitation) the following and you agree that you shall not:
- sublet or sell your account for any commercial gain;
- have any involvement in the harassment or bullying of any other user;
- use the Site, App or Services to facilitate or send any profanity, obscene or pornographic content, spam, or advertising messages in interaction with other users, especially through the broadcast chat option;
- share, distribute or transmit messages or other content containing viruses, confidential data, or any other information that may result in the obstruction of another user’s experience;
- impersonate someone you are not including impersonation by children of their parents and guardians and vice versa;
- duplicate, modify, reengineer, and redistribute the App or Services or any part of it;
- apply any data mining techniques including robots to extract the data from the Site or App;
- use the App to carry out any illegal activity or activity other than the intended purpose of the App and/or Services;
- breach the Racing Terms; or
- stream or otherwise make available your use of the App and/or Services (including rides and races) on any platform whether or not for the purpose of commercial/monetary gain (for example streaming on YouTube).
INTELLECTUAL PROPERTY
Our content and intellectual property. We are the owner or the licensee of all intellectual property rights in our Site and the App, and in the material published on them. All the resources, including the App name, multimedia (images, visuals, videos, audios) along with associated text, are protected by intellectual property laws (such as trademark and copyright) and treaties around the world. All such rights are reserved. The use of all such material without written consent will be considered illegal. Additionally, the logos, domain names, trademarks and other such brand identities are also under the protection of the said laws.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site and the App must always be acknowledged. You must not use any part of the content on our Site or the App for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, or download any part of our Site or the App in breach of these Terms, your right to use our Site and the App will cease immediately and you must, at our inclination, return or destroy any copies of the materials you have made.
Content uploaded by you. Any content you upload to our Site and/or the App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. When you upload or post content to our Site and/or the App, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services provided by the Site and App and across different media including to promote the Site, App or the Service, forever.
Any comments of feedback, praise, criticism, or suggestions by you can be used by us for any purpose we may require, without your permission.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site and/or App constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Site and/or App if, in our opinion, your post does not comply with these Terms and the rules set out above.
You are solely responsible for securing and backing up your content.
DO NOT RELY ON INFORMATION ON THE SITE AND/OR THE APP
The content on our Site and/or the App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site and/or App.
Although we make reasonable efforts to update the information on our Site and the App, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site and/or App is accurate, complete or up to date.
USER-GENERATED CONTENT IS NOT APPROVED BY US
The Site and App may include information and materials uploaded by other users, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site and/or App do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us using the contact details in the “Contact Us” section of the Site and/or App.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our Site and the App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site and the App. You should use your own virus protection software.
You must not misuse our Site or the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site and/or the App, the server on which they are stored, or any server, computer or database connected to our Site and/or the App. You must not attack our Site and/or App via a denial-of-service attack or a distributed denial-of service attack. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities, by disclosing your identity to them. In the event of such a breach, your right to use our Site and/or App will cease immediately.
ACCOUNT TERMINATION
In case of any violation of the above or any other activity deemed unlawful by us, the relevant laws, a non-compliance with the rules set in these Terms, or any damage to the wider MyWhoosh community through any means, will be considered an actionable cause for part or complete termination and/or suspension of your account, and/or the involvement of the relevant public body authority.
IN-APP PURCHASES
Although the use of the Site, App and Services currently remains free, to enhance your gaming and fitness experience, you may be allowed to make in-app purchases through your credit/debit cards in the future and we may charge for usage of the App. If we make these changes, we will notify you. Information regarding how the App may process your financial information is in the Privacy Policy.
YOUR EQUIPMENT
For the App’s practical usage, you may require certain items, including equipment such as an indoor smart trainer with an attached bicycle or a smart bike or similar trainer that you shall source on your own. Any responsibility arising from the malfunction of such a product will be entirely yours, or of the vendor you source your trainer and/or other equipment from.
ADVERTISEMENTS AND THIRD-PARTY INVOLVEMENT
When you use our Site, App and/or Services, you may come across the involvement of third parties or their services. These may broadly include the following:
- Advertisers
- Fitness Social Networks
- Service Vendors including banks and other financial service providers
Where our Site and/or App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and we have no responsibility regarding a site that we link to.
We may share your data with such third parties, the security and privacy protection of which is always in compliance with applicable laws, good practices, and all trade requirements of handling information of this nature. See our Privacy Policy for more information on how we use and/or share your personal information.
DISCLAIMER
ALL RISKS ARISING FROM YOUR PUBLIC SHARING OF PERSONAL INFORMATION WILL SOLELY BE YOUR RESPONSIBILITY. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY PERSONAL INJURY, BODILY DAMAGE, DEATH, OR ANY DAMAGE TO PROPERTY RESULTING DURING A USERS’ USAGE OF THE APP/SITE OR SERVICES WILL SOLELY BE THEIR RESPONSIBILITY TO BEAR. SINCE THE USAGE OF THIS APP REQUIRES PHYSICAL EXERTION, WE ADVISE THAT YOU CONSULT A MEDICAL PROFESSIONAL, ESPECIALLY IF YOU HAVE AN EXISTING MEDICAL CONDITION, BEFORE YOU START USING THE APP.
LIMITATION OF LIABILITY
Please note that we only provide our Site, App and Services for domestic and private use. You agree not to use our Site, App and/or Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
NEITHER MY WHOOSH TECHNOLOGY SERVICES LLC, NOR ANY CONTENT OWNER OR THIRD-PARTY LICENSOR AND ANY OF THEIR STAKEHOLDERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGE ARISING FROM YOUR USE OF THE APP/SITE OR THE SERVICES.
EXCEPT FOR THE ABOVE, OUR TOTAL LIABILITY TO YOU IN RESPECT OF ANY LOSS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE VALUE OF ONE THOUSAND UAE DIRHAMS.
INDEMNIFICATION
To the maximum extent permitted by applicable law, you shall indemnify us against all liabilities, costs, expenses and damages arising in connection with any dispute, or claim of damage by any third-party arising due to your use of the App and/or Services.
DISPUTE RESOLUTION
In case of a dispute or complaint arising from your use of the Site, App and/or the Services, or any clause stated in these Terms, you can email the details of your dispute or complaint to the email address provided above, and we will attempt to satisfy you or resolve your issue. Your email should include:
- your name;
- contact details (Email Address, Phone Number, Mailing Address, etcetera.); and
- details of the complaint or issue, along with any measures you took on your own to try correcting the issue (if applicable).
We will respond and work to resolve your issue as soon as reasonably practicable.
Subject to any local mandatory laws in your location (including without limitation consumer protection laws), these terms of use, their subject matter, and their formation, are governed by the laws of the State of New York, USA. You and we both agree that the courts of the State of New York, USA will have exclusive jurisdiction.
OTHER
LEGAL: The terms in this document are ascribed in English and supersede any other translated version of the same document or the meaning they may imply. Unless there is a mutual agreement between you and us – of which you must have a piece of written evidence – in any capacity, having a different set of rules, the Terms stated here will govern your usage of the Site, App and Services.