APP TERMS & CONDITIONS

(Effective 6/21/2022)

Please read these terms carefully as they contain information regarding your right to bring action against Toe The Line, LLC.

 

Introduction

THIS APPLICATION, “TILLT” (HEREINAFTER REFERRED TO AS THE “APP”) IS THE EXCLUSIVE PROPERTY OF TOE THE LINE, LLC. (TOE THE LINE, INC. INCLUDING ITS MEMBERS, MANAGERS, OFFICERS, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS ARE HEREINAFTER REFERRED TO AS “TOE THE LINE,” “WE”, US, OR “OUR[S]”) THE TERM “YOU” SHALL MEAN ANY PERSON OR ENTITY THAT ACCESSES OR USES THE APP IN ANY WAY, INCLUDING ANY PARENT OR GUARDIAN OF ANY MINOR PERSON WHO ACCESSES OR USES THE APP.  PLEASE READ THESE TERMS BEFORE USING THIS APP. THESE TERMS OF USE (THE ‘TERMS OF USE’) GOVERN YOUR ACCESS TO AND USE OF THE APP. THE APP IS AVAILABLE TO YOU ONLY IF YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, YOU ARE PROHIBITED FROM ACCESSING OR USING THE APP. BY ACCESSING OR USING THE APP, YOU AND THE ENTITY OR PERSON YOU REPRESENT AGREE TO BE BOUND TO TOE THE LINE BY THE TERMS OF USE. YOUR USE OF THE APP IS AT YOUR OWN RISK. THE MATERIALS CONTAINED IN THIS APP MAY BE PROTECTED BY COPYRIGHT, PATENT AND/OR TRADEMARK LAW.

 

We grant You a limited, revocable, non-exclusive, non-assignable license to use the App in accordance with these Terms of Use.

 

Not Affiliated with Apple

 

Tillt competitions are not sponsored or affiliated with Apple in any way.

 

Personal Information

By agreeing to these Terms of Use, You are agreeing to Our App Privacy Policy. Please see Our App Privacy Policy.

 

Changes to the terms

We reserve the right to update or change, whenever and for whatever reason, the entire or any part of these Terms of Use. Updates or changes posted to the App or website are final and Your use of or access to the App following the posting of any changes constitutes acceptance of those changes.

 

Arbitration

 

In the event the parties (You and Us) are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof or dispute related to the App, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location within Massachusetts. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction in the Commonwealth of Massachusetts. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use or dispute related to the App, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use or the use of the App, whether directly or indirectly, including Tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.

 

Jurisdiction

These Terms of Use shall be interpreted and enforced in accordance with the laws of the Commonwealth of Massachusetts. You consent and agree to the jurisdiction of the Massachusetts Courts as the exclusive legal venue for enforcement of any arbitration decision arising from any conflict regarding these Terms of Use, the App, or your relationship with Toe The Line, LLC.

 

Your age and capacity

You represent that You are at least the age of majority in Your location and are of legal capacity to accept these Terms of Use. You represent that the date of birth You enter in the App is accurate. You are not permitted to use the App if You are not the age of majority in your location.

 

Your location

 

You agree to not use the App in Arkansas, Delaware, Iowa, Louisiana, Maryland, Montana, South Carolina, and Tennessee.

 

Breach of terms

If You breach these Terms of Use, We may terminate Your use or access to the App, as well as delete your profile. We may also seek alternative remedies or alert authorities.

 

Accounts and profile information

 

If You decide to provide personal information, You agree to provide, maintain, and update accurate, current, and complete information about Yourself. You agree not to misrepresent Your identity. You agree not to use another person's username, password or other account information, or another person's name, likeness, voice, image, or photograph. You also agree to notify Us promptly at social@tillt.co of any unauthorized use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to the App.

 

If You use the App, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your device, and You agree to accept responsibility for all activities that occur under Your account.

 

You may not transfer Your account to any other person or entity. You may only use one account at a time. Each account can only be used by one user.

 

You acknowledge and agree that We are not responsible for third party access to Your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Our sole discretion.

 

We may suspend or terminate Your ability to use the App for failure to comply with these Terms of Use or any special terms related to the App.

Your access to and use of the App

You agree to access and use the App only as a consumer and not to reproduce, copy, sell or exploit any portion of the App. You agree to not infringe upon or violate any of Our intellectual property rights.

 

You agree to not to mislead Us or others

 

You agree to not upload viruses, interfere with App security, web scrape, spam, upload code, or do anything that alters or burdens the App or its users. You agree to not access, collect, or input data from or into the App through any type of automation.

 

You agree not to track Our or any other’s personal information and device use, or to disseminate material to Us or users.

 

You agree to not use the App for any illegal or unauthorized purpose nor may You, in the use of the App, violate any laws in your jurisdiction or elsewhere (including copyright laws).

If, whether at Our request or on Your own, you send certain specific submissions or other materials, You agree that We may, without restriction, edit, copy, publish and otherwise use in any way any submissions that You send us. We shall be under no obligation to maintain any submissions in confidence or to compensate anyone for any comments. Under no circumstances will We be liable in any way for Your submissions. However, by posting, uploading, inputting, submitting, or otherwise providing Your submission, You are granting Us an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use Your submission.

We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion is unlawful, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that Your comments will not violate any right of any third-party, will not contain libelous or otherwise unlawful, abusive or obscene material. We take no responsibility and assume no liability for any comments posted by You or any third-party.

 

Data collection

 

YOU CONSENT TO THE APP COLLECTING AND STORING YOUR HEART RATE, STEPS DATA, PACE AND TIME, LOCATION, DEVICE INFORMATION, USER ACTIVITY AND INPUTS (INCLUDING INPUT OF ANY TEXT OR NUMBERS), USER HISTORY, TECHNICAL INFORMATION INCLUDING TIME ACCESSED (ETC.), AND ANY OTHER INFORMATION YOU CONSENT TO OR ENTER INTO THE APP WHILE USING THE APP.

You release Us from any liability in relation to any loss, alteration, interception, or other unexpected occurrence of this or similar data in regard to Your use of the App.

You acknowledge You may delete Your data by deleting Your account. You acknowledge deletion of Your data may take months.

 

Right to rewards

 

You agree and acknowledge that no matter the result of any competition, You have no right to any reward or payment from any user or from Us. Rewards distributed by Users are entirely voluntary (similar to a gift or a tip) and illusory.

 

Rating system

 

You agree and acknowledge that You know how the rating system works and release Us from any liability regarding Your participation on the App and the system of ratings between users.

 

You agree and acknowledge that the rating system is capable of flaws and that You have no rights to any type or quality of user rating on Your profile.

 

User interaction and competitions

 

You agree not to misrepresent or manipulate Your own or any user’s activity or anything else with regard to a competition on the App.

 

You agree that You are solely responsible for Your interaction with other App users. We reserve the right, but have no obligation, to handle disputes between users.

 

Competitions are not associated with or sponsored by Us in any way. You agree that We are not responsible for the outcome of any competition or any result.

Before You use Tillt, You must consult the rules of any athletic organization in which you are now or may in the future be involved with to ensure Your use of the App will not interfere with Your eligibility status. You hereby agree to release Us from any liability or responsibility regarding Your amateurism status or eligibility to compete in any athletic event.

Agreement to Comply with Rules

 

You agree to abide by Our competition rules as set forth within the App. Any violation by You of any of Our rules gives Us a right to remove You from the App at Our sole discretion. 

 

Not a game of chance

 

Tillt competitions are not games of chance. The use of the App to reward participants for actions over which they have no control or influence is strictly prohibited.

 

Links to third party sites

Links or other calls to action on the App may direct You to third party websites or apps not affiliated with Us. We are not responsible for anything that happens on those websites or apps including but not limited to security and performance.

 

Health and safety, limitation of liability

 

You acknowledge that use of the App is prohibited on any street that has vehicular traffic. You agree to not use the App on any such street and to only use the App in venues that do not pose dangers such a vehicular traffic.

 

You agree to release Us from liability arising out of any incident with any vehicle or other hazard on or off the road, including incidents in which You were distracted by Your device. You agree that it is your responsibility to keep Yourself safe from hazards while using the App.

 

PLEASE TAKE CARE WHEN COMPETING AND, RATHER THAN ENDING UP IN A DANGEROUS SITUATION, QUIT YOUR COMPETITION IF NEEDED.

 

You hereby release Us from any liability in regard to health problems or injuries due to or in connection with Your use of the App.

 

Nothing communicated by Us or on the App or website should be considered medical advice. You acknowledge that We have no responsibility for Your or any user’s health and safety while using the App or otherwise. You must visit a physician before using the App.

No warranty

The App and all related services are provided by Us on “as is” basis. We hereby disclaim all representations or warranties of any kind, express or implied, to the operation, merchantability, quality, title, non-infringement, security or accuracy of the App or other services. We cannot ensure and are not responsible for any errors, inaccuracies, or downtime on or of the App.

 

Limitation of liability

 

We cannot ensure and are not responsible for any damage or loss caused to You or Your property by accessing or using the App, or for any viruses or other computer or device related issues caused by Our App. To the maximum extent provided by law, We will not be liable for any damages arising from any use of the App.

Toe The Line, LLC and Our affiliates are not and shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your access to or use of any of the App.

 

YOU AGREE THAT YOUR SUBMISSION OF ANY TYPE OF DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Indemnity

 

You agree to indemnify, defend and hold harmless Toe The Line, LLC, its directors, attorneys, insurance companies, administrators, successors and assigns, and employees from any claim or demand, injury, loss, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, made by anyone regarding Your use of or access the App, breach of these Terms of Use, Our App Privacy Policy, or Your violation of any law or the rights of a third-party.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and Us agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Enforceability

Our non-enforcement of any part of the Terms of Use shall not constitute a waiver of that or any other part, right or provision of the Terms of Use.

 

These Terms of Use, Our App Privacy Policy, and any other rules we post serve as the entire and final agreement between You and Us regarding Your use of the App and govern Your use of the App. If there are any conflicting terms or concepts between the App Privacy Policy, other rules we post, and these Terms of Use, the Terms of Use may be supplemented but not contradicted, and these Terms of Use shall govern.

 

Any ambiguities in the reading or understanding of these Terms of Use shall not be construed against the drafting party.

Electronic Communications

 

Visiting the App or sending emails to Us constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the App, satisfy any legal requirement that such communications be in writing.

 

Severability

If a provision of the Terms of Use is or becomes illegal, unenforceable, or invalid in any jurisdiction, it shall not affect (1) the enforceability or validity in that jurisdiction of any other provision of the Terms of Use, or (2) the enforceability or validity in other jurisdictions of that or any other provision of the Terms of Use.

Terms Required by Apple

These Terms of Use are between You and Toe The Line, LLC, not Apple. We are solely responsible for Tillt.

 

These Terms grant You a license to use Tillt for use on Apple-branded products, owned or controlled by You, or on accounts associated with You via Family Sharing or volume purchasing.

 

You hereby acknowledge that Apple has no obligation to provide maintenance or support services regarding Tillt. Please contact Us with support inquiries.

 

Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

 

If Tillt fails to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price of Tillt to You. You acknowledge that Apple has no warranty obligation whatsoever with respect to Tillt. Apple shall not be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

 

We, not Apple, are responsible for addressing claims relating to the App, including, but not limited to: product liability claims; claims that the App fails to conform to any applicable regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation, including in connection with Tillt’s use of the HealthKit and HomeKit frameworks.

 

If any claim alleges that the App or your use of the App infringes on a third party’s intellectual property rights, Apple shall have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

You represent and warrant that, (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

You must comply with applicable third party terms of agreement when using the App.

Contact us

social@tillt.co

Toe The Line, LLC.

Room 7, 33 Bradford St.

Concord, MA 01742