1.1. The Website is owned, managed, operated and maintained by STRY INC. (hereinafter "STRY").
1.2. STRY may be contacted by the contact form on the website or through the e-mail support@stry.app.
1.3. STRY provides a personalized online fitness coaching and workout platform and related services, content, features and products through the website located at stry.app (the "Website") and through mobile and desktop or device applications (including iOS and applications) and STRY-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter) (collectively, the "Service").
1.4. By registering as a member or by visiting, browsing, or using the Service in any way, you (the "user") accept these Terms of Service (hereinafter the "Terms", the "Agreement"), which forms a binding agreement between you and STRY.
2.1. By using the Website, you warrant that:
3.1. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of STRY, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and spam uploading.
3.2. If you do not wish to be bound by this Agreement, do not access or use the Services. Certain elements of the Services may be subject to additional terms and conditions specified from time to time; your use of those elements of the Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
4.1. To have full access to the Service, you must register as a member and enter into a subscription agreement for access to the content and features (a "Subscription"). You must provide complete and accurate registration information to STRY, complete the Subscription process, and notify us if any of your information changes.
4.2. You may not use someone else's name, or any name, location or other public profile information that violates any third party rights or that is offensive, obscene or otherwise objectionable.
4.3. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Service. If you become aware of an unauthorized access to your account, change your password and notify us immediately at support@stry.app.
4.4. By purchasing a Subscription you will get full access to all of STRY's available content and features on the Service for as long as that Subscription remains active. Features and prices are subject to change.
4.5. The account holder of the Subscription will be the person who activated the Subscription (the "Subscription Holder").
4.6. Billing occurs at the beginning of the Subscription cycle and provides unlimited access for one month thereafter. To change or terminate your Subscription, contact Member Support at support@stry.app. If you terminate your Subscription, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires.
4.7. You may cancel your Subscription at any time. Your cancellation will take effect at the end of the Subscription term. In the event you cancel your Subscription, note that we may continue to send you promotional communications about our Services, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.
4.8. STRY may, from time to time, offer free trials of certain Subscriptions for specified periods of time without payment. If we offer a free trial, the specific terms of the free trial will be provided in the marketing materials describing such trial.
4.9. You authorize STRY (or our third-party payment processor) to charge your chosen payment method for any portion of our Services that requires payment. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processes) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or otherwise not acceptable, the portion of our Service that requires payment may be suspended or cancelled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of such paid Services.
5.1. You must comply with all applicable law in respect of your use of the Website and the Services including, without limitation, compliance with all applicable directives, buyer protection legislation and data protection and privacy directives.
5.2. You shall not submit to appear on the Website or otherwise through your use of the Services any information, comments, images, third party URL links or other material whatsoever in any format ("User Submissions"), such term to include information, details, descriptions or materials submitted by Users regarding the Services or any other subject ("Materials"), that may reasonably:
6.1. STRY shall be entitled at its own discretion and upon notice to you, to suspend the Services and/or the Website whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or non-availability of the Services and/or the Website (whether wholly or partly).
6.2. STRY reserves the right to make any changes to the Services and/or the Website including any functionalities and content therein or to discontinue a specific feature from time to time.
6.3. STRY may update or revise these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website, or via your registered email address. Your continued use of the Services and/or the Website (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or revised Terms.
6.4. STRY may immediately terminate or suspend your account, and all or a portion of the Services, without notice if: (a) your payment is more than 7 days overdue; (b) you provide false or inaccurate information; (c) you violate these Terms, or any other STRY rules or policies then in effect; (d) you engage in conduct that is in violation of any applicable law.
7.1. STRY and his licensors own all the intellectual property rights ("Intellectual Property Rights") relating to the Services and the Website. Nothing in these Terms shall serve to transfer from the owner to any user, any of the intellectual property rights in the Website or other related material.
7.2. You are expressly prohibited from:
8.1. These Terms shall be governed and construed in accordance with English law.
8.2. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
8.3. Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against STRY and such third parties shall not be entitled to enforce any of these Terms against Website owner and administrator or other personnel.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. STRY DOES NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, "STRY PARTIES") FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, "CLAIM") AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
STRY OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE WEBSITE OR HEARD ON THE SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH ANY SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND STRY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
THE STRY PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE STRY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE STRY PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.