Terms of service

Welcome to Training Tempo

We strive to help everyone to uncover their inner athlete, we know the competition is against the person in the mirror and not everyone else, so we want to be transparent on how we use your data and what you can expect when using our services. Please take a look at our privacy policy and read carefully our Terms of Service below.

Terms of Service

The Training Tempo websites, related mobile applications and services (collectively, the “Services”) are made available to you by Krydafit Ltd, located at 146 Kensington Road, Coventry, CV5 6GL, United Kingdom subject to these Terms of Service (the “Terms”) and in accordance with the Krydafit’s  Privacy Policy (the “Privacy Policy”). You agree to comply with these Terms and any supplemental terms which 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, clicking “sign up” or any similar mechanism, you are agreeing to these terms. If you do not agree to 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 Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Krydafit processing data about you, and other Krydafit athletes, including your location data. Processing of the data you share with Krydafit, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

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. You agree to: (a) provide true, accurate, current and complete information about yourself (“Training Data”) and (b) maintain and promptly update the Training Data. You agree that Krydafit may use your ata to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Training Data that is inaccurate or not current, or Krydafit has reasonable grounds to suspect that such Athlete Data is inaccurate or not current, Krydafit has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorised 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 Krydafit of any unauthorised use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to Athlete Data and any other information or content you provide to Krydafit.

You may register for or log-in to your account via a third-party network, such as Strava or Google. If you do so, you hereby authorise Krydafit to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

Cancellation of Account

You may cancel or delete your account at any time. For this please contact [email protected]

Content

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

  • Copying, framing or mirroring any part of the Services;
  • Accessing the Services to monitor its availability, performance or functionality;
  • Permitting any third party to access the Services;
  • Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Krydafit;
  • Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorised use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
  • Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Krydafit internet protocol space;
  • Committing any act that may be harmful to minors;
  • Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
  • Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Krydafit than a human can reasonably produce in the same period of time by using a conventional web browser;
  • Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
  • Using the Services for any inappropriate commercial solicitation purposes;
  • Accessing any content on the Services through any technology or means other than those provided or authorised by the Services;
  • Submitting to the Services or to Krydafit any personally identifiable information, except as necessary for the establishment and operation of your account;
  • Submitting to the Services or to Krydafit any information that may be protected from disclosure by applicable law;
  • Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
  • Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offence or give rise to civil liability;
  • Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
  • Executing any form of network monitoring or running a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray Krydafit or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While Krydafit may recommend the equipment or materials of certain third party suppliers, Krydafit shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorised to create your account, whether individually or on behalf of an organisation; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content through the Services.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorised by Krydafit or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

Krydafit grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Krydafit.

The terms Krydafit, “Training Tempo”, the Training Tempo logo and other Training Tempo logos and product and service names are the exclusive trademarks of, and are owned by, Krydafit Ltd., and you may not use or display such trademarks in any manner without Krydafit’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

Krydafit reserves all rights not expressly granted hereunder.

Disclaimer of Warranties and Liability

The information, software, products, services and content available through the services are provided to you “as is” and without warranty. Krydafit and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors hereby disclaim all warranties regarding such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Krydafit and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) the service will meet your requirements; (b) your content will be available or the service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected.

You expressly agree that Krydafit is not providing medical advice via the services. The content provided through the services, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us or by other account holders or third parties is not intended to be and should not be used in place of (a) the advice of your General Practitioner (“GP”) or other medical professionals, (b) a visit, call or consultation with your General Practitioner or other medical professionals, or (c) information contained on or in any product packaging or label. Should you have any health-related questions, please call, or see medical professional or other healthcare provider promptly. Should you have an emergency, call your GP or 111 immediately. You should never disregard medical advice or delay in seeking medical advice because of any content presented on the services, and you should not use the services or any content on the services for diagnosing or treating a health problem. The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Krydafit.

You expressly agree that your athletic activities (including, but not limited to, cycling, running, or following a Krydafit training plan offered on the services) carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction, or negligence of Krydafit or by the action, inaction or negligence of others.

You expressly agree that Krydafit does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, challenge, or group activity that utilizes the services.

You expressly agree to release Krydafit, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability in connection with your athletic activities and/or use of the Krydafit websites, mobile applications, content, services or products (including, without limitation, any Krydafit training plan), and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with such use. You also agree that in no event shall the released parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the services, (b) your use or misuse of equipment or programs created or licensed by Krydafit (including, without limitation, any Krydafit training plan) while engaged in athletic activities, (c) your dealings with third-party service providers or advertisers available through the services, (d) any delay or inability to use the services experienced by you, or (e) any information, software, products, services or content obtained through the services, whether based on contract, tort, strict liability or otherwise, even if Krydafit has been advised of the possibility of damages.

Krydafit does not endorse your content or any other user’s content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive, or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content on the services.

The company’s maximum aggregate liability to you pursuant to these terms shall not exceed the greater of either (a) fifty pounds (£50) or (b) the amount of fees paid by you to Krydafit in the 12-months prior to date the claim.

If you are a consumer residing in the European union, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.

Indemnity

You agree to indemnify and hold Krydafit and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your athletic activities which generate the Content you upload on the Services (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which Krydafit sponsors, organises, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to Krydafit are not modified by the foregoing indemnification if the laws of your country of residence, applicable because of your use of our Services, do not permit it.

Termination

You agree that Krydafit may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in Krydafit’s sole discretion and that Krydafit shall not be liable to you or any third party for any suspension or termination of your account or access to the Services.