) are a legal agreement between you and SweatCo Ltd, a company incorporated in England & Wales (registration number 09242159) whose registered office is at c/o OHS Secretaries Limited, 9th Floor, 107 Cheapside, London, EC2V 6DN, UK (hereafter referred to as “SweatCo”
as the context may require) for the use of the Sweatcoin mobile application (“Sweatcoin App”
) and any website operated by SweatCo (the “SweatCo Website(s)”
) including, without limitation, http://sweatco.in/
1. The licences granted to you for the use of the Sweatcoin App and SweatCo Website(s)
(i) download, install and use the Sweatcoin App, and any updates to it provided by SweatCo from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and
(ii) access and browse the SweatCo Website(s) for your personal use only.
2. Your consent to the processing of personal data
3. User age restrictions
4. Rights to the Sweatcoin App, SweatCo Website(s) and their content
We welcome any feedback or suggestions for improvements relating to the Sweatcoin App, SweatCo Website(s) and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.
5. Use of the Sweatcoin App
In order to use the Sweatcoin App, you must create a user account (a “Sweatcoin Account”). You are responsible for all uses of your Sweatcoin Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your Sweatcoin Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Sweatcoin Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.
Your Sweatcoin Account logs details of all Sweatcoins generated by you and any transfers of Sweatcoins to or from your Sweatcoin Account. Please review your Sweatcoin Account regularly. If you identify any erroneous transaction or unexpected activity on your Sweatcoin Account, or you believe that the security of your Sweatcoin Account has been compromised, you must let us know as soon as possible.
Different membership levels may apply to the Sweatcoin Accounts of different users and, depending on the membership level you hold, your entitlement to access functionality of the Sweatcoin App or generate Sweatcoins may vary.
When using the Sweatcoin App on your mobile device, you acknowledge and agree that Sweatcoin operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.
The Sweatcoin App stops generating Sweatcoins on your mobile device if you do not open the Sweatcoin App for 30 days. Generation of Sweatcoins restarts once you next open the app.
“Sweatcoins” are units of exchange that users of the Sweatcoin App may generate through verified physical movement (e.g. steps). Sweatcoins may be used to redeem products, services and other benefits via the Sweatcoin App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that Sweatcoins may not be redeemed for cash from SweatCo or any of its affiliates, unless we expressly agree otherwise with you in writing.
We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate Sweatcoins using the Sweatcoin App (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified steps required to generate a Sweatcoin). Details of eligibility criteria and the volumes of verified movement required to generate Sweatcoins from time to time are provided within the FAQ section of the Sweatcoin App. Movement verification conducted by our algorithms is considered final and can not be revised or reversed.
We may cap the maximum amount of Sweatcoins that users of the Sweatcoin App may generate each day using the Sweatcoin App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.
We may from time to time impose Sweatcoin-denominated charges for the use of the Sweatcoin App or to enable specific functionality of the Sweatcoin App. Where we do this we will be entitled to deduct the applicable number of Sweatcoins from your Sweatcoin Account required to meet the applicable Sweatcoin-denominated charges and we may retain and use the Sweatcoins that we deduct for our own benefit. We will always be transparent about any applicable Sweatcoin-denominated charges and details of any such charges are provided within the FAQ section of the Sweatcoin App.
To illustrate, and without limiting our rights under the preceding paragraph, we may elect to impose a Sweatcoin-denominated commission charge on the generation of Sweatcoins entitling us to deduct a proportion of the Sweatcoins that you generate. We may also impose recurring Sweatcoin-denominated charges in relation to certain membership level categories. Details of any applicable rate of commission on Sweatcoin generation from time to time, and any Sweatcoin-denominated charges applicable to the different membership levels are provided in the FAQ section of the Sweatcoin App.
We reserve the right to impose charges in relation to the use of Sweatcoin App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via the Sweatcoin App. The currency and amount of any such charges may be determined by us in our absolute discretion.
The Sweatcoin App allows you to send Sweatcoins to third party users of the Sweatcoin App. Please ensure that you have verified the identity of the recipient of the relevant Sweatcoins before sending them. We may make available functionality enabling the donation of Sweatcoins to charity.
7. Acceptable Use
You agree that you shall not:
(a) seek to generate Sweatcoins by any means other than your genuine physical movement meeting the eligibility criteria specified by SweatCo from time to time and, in particular and without limitation, you shall not (i) simulate any such verified movement using artificial and/or mechanical means, (ii) enlist third parties to generate Sweatcoins on your behalf (for the avoidance of doubt, however, you may receive transfers of Sweatcoins from third parties using the functionality available within the Sweatcoin App);
(c) operate more than one Sweatcoin Account;
(e) reproduce, frame, display or mirror the Sweatcoin App or SweatCo Website(s) other than as a necessary consequence of their normal operation by you;
(f) infringe our intellectual property rights or those of any third party in relation to your use of the Sweatcoin App or SweatCo Website(s);
(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Sweatcoin App or SweatCo Website(s);
(h) use the Sweatcoin App or SweatCo Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(i) employ any technology that interferes in any way with the proper operation of the Sweatcoin App or SweatCo Website(s), including by blocking any advertising or promotions displayed thereon; or
(j) collect or harvest any information or data from the Sweatcoin App or SweatCo Website(s) for any commercial purpose, save as otherwise agreed in writing by us.
If we discover any breach of this Section 7 by you, we may immediately suspend or terminate your access to the Sweatcoin App and remove and delete any content from Sweatcoin App or SweatCo Website(s) violating this Section 7.
8. Changes and updates to the Sweatcoin App and SweatCo Website(s)
SweatCo reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the Sweatcoin App and/or SweatCo Website(s), and/or (ii) alter the functionality or contents of the Sweatcoin App and/or SweatCo Website(s) with or without notice to you.
We may issue updates to the Sweatcoin App from time to time. Depending upon the nature of the update, you may not be able to continue to use the Sweatcoin App until you have downloaded the latest version of the Sweatcoin App.
9. Contacting us
In relation to any matters concerning the Sweatcoin App and SweatCo Website(s), including any feedback, questions, complaints or claims, please contact us by email to email@example.com
SweatCo welcomes any feedback you may have on the Sweatcoin App.
10. No warranty
The Sweatcoin App and SweatCo Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the Sweatcoin App, SweatCo Website(s) or the contents of any of them. SweatCo does not warrant or undertake that use and availability of the Sweatcoin App and SweatCo Website(s) will be uninterrupted or error-free.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE SWEATCOIN APP OR SWEATCOIN WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF SWEATCO IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Third Party Content
For your convenience SweatCo may include in the Sweatcoin App or SweatCo Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that SweatCo has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.
The Sweatcoin App and SweatCo Website(s) may include content submitted by other users of the Sweatcoin App and SweatCo Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.
The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.
12. No Medical Advice
The Sweatcoin App allows you to track and verify your physical movement, generate Sweatcoins and use Sweatcoins to redeem goods, services and other benefits. THE SERVICES WE PROVIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. The Sweatcoin App is not a tool for the diagnosis or prevention of disease. We do not endorse any third party products or services listed on the Sweatcoin Marketplace and, where these relate to your health, you should always take appropriate medical advice before using them. YOUR USE OF THE SWEATCOIN MOBILE APP DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND SWEATCO.
From time to time we may make available additional terms or guidance in relation to the usage of Sweatcoin App or SweatCo Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Sweatcoin App or any SweatCo Website(s).
14. Sweatcoin Marketplace
The Sweatcoin App enables users to offer goods, services and other benefits to other users that may be redeemed in exchange for Sweatcoins (such functionality being the “Sweatcoin Marketplace”).
To the extent that SweatCo agrees to administer on your behalf via SweatCo’s own account any offer of goods or services or other benefits in exchange for Sweatcoins on the Sweatcoin Marketplace, SweatCo shall be entitled to retain up to 100% of the Sweatcoins received for its own benefit in its absolute discretion.
You agree that SweatCo has no responsibility for any goods, services or other benefits offered by you or by any third party on the Sweatcoin Marketplace. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of the Sweatcoin Marketplace. Our operation of the Sweatcoin Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any user.
SweatCo is entitled to alter the selection of goods services and other benefits on offer, and the number of Sweatcoins required to redeem any such goods, services or other benefits offered, on the Sweatcoin Marketplace, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion. Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant goods, services or other benefits, if you do not agree with the revised number of Sweatcoins required.
You represent and warrant to us that any goods, services or other benefits that you offer on the Sweatcoin Marketplace will: (i) conform to the description you provide for them, (ii) comply with all applicable laws and regulations, (iii) be of satisfactory quality, (iv) conform to our acceptable use requirements (stated in Section 7 above), and (v) be delivered in full once a user redeems the relevant goods services or other benefits using the requisite number of Sweatcoins in accordance with your stated terms and conditions.
You agree that we may remove any listing or offer on the Sweatcoin Marketplace at any time in our absolute discretion. All goods, services or other benefits listed on the Sweatcoin Marketplace are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the user listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via the Sweatcoin marketplace only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.
You agree that disputes in relation to any goods, services or other benefit redeemed via the Sweatcoin Marketplace shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programmes that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in.
You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on the Sweatcoin Marketplace that we have not participated in.
We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on the Sweatcoin marketplace is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that you list or redeem using the Sweatcoin Marketplace.
As a form of marketplace curation SweatCo may offer an option for the users to report an offer via Sweatcoin app functionality and reserves a right after a review to delist the offer from the Sweatcoin Marketplace.
15. Limitation of liability
You acknowledge that the Sweatcoin App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Sweatcoin App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the Sweatcoin App, SweatCo Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the Sweatcoin App or SweatCo Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of Sweatcoins by us.
7.3 Recovery of loss (optional condition)
Recovery of loss (optional condition)
This condition is drafted in line with the Office of Fair Trading's (OFT) views. On 1 April 2014 the Competition and Markets Authority (CMA) took over the competition functions of the OFT and the Competition Commission. See This is not an exclusion of consequential loss, which was considered unfair by the OFT. Instead, this takes the approach suggested by the OFT's guidance on unfair terms, under which a supplier is liable for foreseeable losses, but not for unforeseeable losses. In effect, this restates the ordinary principle of recovery of loss. For discussion, see Practice note, Consumer contracts: Consequential or indirect loss ( www.practicallaw.com/9-383-2943)
It is optional because it is very unusual to see this in a consumer EULA. However, the potentially unfair nature of consumer EULAs have come to the attention of relevant enforcement authorities, and there is a possibility that this will become a future area of scrutiny by the CMA.
If you include this condition, the licensor will not be excluding or limiting liability for consequential or indirect loss. If you do not use this condition, the same will be the case. Accordingly, the position is the same whether you include this condition or not.
However, if you include an exclusion of consequential or indirect loss, then bear in mind that such an exclusion will be at risk of CMA scrutiny.
16. Apple’s requirements
App Store Terms
3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sweatcoin App. We do not offer maintenance or support services in connection with the Sweatcoin App.
5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Sweatcoin App or your possession and/or use of the Sweatcoin App, including, but not limited to: (i) product liability claims; (ii) any claim that the Sweatcoin App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the Sweatcoin App or your possession or use of the Sweatcoin App infringes that third party’s intellectual property rights, SweatCo and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. 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.
8. You must comply with any third party terms that are applicable to the use of the Sweatcoin App from time to time.