1. INTRODUCTION

These Terms of Use (the “Terms”) tell you the terms on which you may make use of: 

and the contents and services available through them, as updated or added to from time to time.

In these Terms, we refer to our Site and the App collectively as the “Service”.  The Service is owned and operated by SweatCo Ltd (trading as Sweatcoin), 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 (“Sweatco”, “we”, “our”, and “us”).

 

2. YOUR PRIVACY

We only use any personal data we collect through your use of the Service in the ways set out in our privacy policy (https://sweatco.in/privacy), unless you are using a specific service to which a different privacy policy applies, as set out below in Section 3. 

 

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

In relation to messaging as part of the Sweatcoin Services, you may receive communications through the Sweatcoin Services, including messages that SweatCo sends you (for example, via email or SMS). When signing up for the Sweatcoin Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want SweatCo to send you information regarding your account or transactions with us, which may include SweatCo using automated dialling technology to text you at the wireless number you provided, and you agree to receive communications from SweatCo, and you represent and warrant that each person you register for the Sweatcoin Services or for whom you provide a wireless phone number has consented to receive communications from SweatCo. You agree to indemnify and hold SweatCo harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

 
3. ADDITIONAL TERMS FOR SPECIFIC SERVICES

In addition, the services set out below will be governed by the following terms of use and privacy policies:

 

Service | Web address of terms of use | Web address of privacy policy
Apple App Store | See Attachment 1 | https://www.apple.com/legal/privacy/en-ww/
In-App Purchases | http://www.apple.com/legal/internet-services/itunes/us/terms.html | https://www.apple.com/legal/privacy/en-ww/
Google Play Store | https://play.google.com/about/play-terms/index.html | https://policies.google.com/privacy?hl=en
Google Payments  | https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=uk | https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice

 
4. YOUR RIGHT TO USE THE SERVICE

SweatCo grants you the right to do the following provided you follow all of the rules in these Terms: 

 
i. download, install and use the App, and any updates to it provided by SweatCo from time to time, for your personal use only on a compatible mobile device owned or controlled by you; and 

 
ii. access and browse the Site for your personal use only,

 

(the “Licences”).

 

The Licences are for your personal and domestic use only. You must not use the Service for commercial, business or resale purposes.

 
5. TERMINATION OF YOUR RIGHT TO USE THE SERVICE

SweatCo may end the Licences at any time and for any reason (or no reason) by giving you at least fourteen (14) days’ notice that the Licences have ended. 

 

We may also end the Licences immediately if you break any provision of these Terms by ending your Sweatcoin Account without notice to you.  

 

Where any of the Licences are terminated, you must immediately cease using and accessing the Service and delete any copies of the App held by you. 

6. SWEATCOIN ACCOUNT

 

In order to use the App and earn Sweatcoins, you must create 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. 

 

You must not select as your username a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You must not transfer your Sweatcoin Account to anyone else without our prior written permission. 

 

Access to your Sweatcoin Account can become restricted or even impossible if you lose control over the mobile number to which your Sweatcoin 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 App or generate Sweatcoins may vary.  

 

When using the App on your mobile device, Sweatcoin will operate in the background of your mobile device, which in turn may have an impact to the battery life of such device.

The App stops generating Sweatcoins on your mobile device if you do not open the App for 30 days. Generation of Sweatcoins restarts once you next open the App.

 

The App allows you to send your Sweatcoins to other users of the App. Please ensure that you have verified the identity of the recipient of the relevant Sweatcoins before sending them.  

7. EARNING SWEATCOINS

 

“Sweatcoins” are units of exchange that users of the App may generate through verified physical movement (e.g. steps) only. Sweatcoins may be used to get certain benefits that are offered via the App. Sweatcoins cannot be redeemed for cash from SweatCo or any of its affiliates, unless we expressly agree otherwise with you in writing.

  

We reserve the right to destroy Sweatcoins that we have reason to believe have not been created by verified physical movement and to suspend or disable any Sweatcoin Account used in such a way.

 

We reserve the right to destroy or redistribute Sweatcoins that we have reason to believe have been obtained through fraud, for instance by defrauding another Sweatcoin user, and to suspend or disable any SweatcoinAccount used in such a way.

 

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 App (for example, we may alter the number of verified steps required to generate a Sweatcoin). 

 

Details of current eligibility criteria and the volumes of verified movement required to generate Sweatcoins are provided within the FAQ section of the App. Movement verification conducted by the App is considered final and cannot be revised or reversed.

 

We may cap the maximum amount of Sweatcoins that users of the App may generate each day using the 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 increase or decrease such caps from time to time.

 
8. SWEATCOIN MARKETPLACE

 

We are able to offer codes (“Sale Codes”) that can be used to obtain benefits from third-parties (this may include, but is not limited to discounts that can be used with retailers, websites or other services)(“Third-Party Benefits”).You may purchase these Sale Codes with Sweatcoins on a “Sweatcoin Marketplace”.  Although the Sale Codes may allow you to obtain Third-Party Benefits, you are contracting directly with us when you spend your Sweatcoins on the Sweatcoin Marketplace to purchase Sale Codes. 

 

You agree that SweatCo has no responsibility for any Third-Party Benefits.  You are contracting directly with the relevant third party when you redeem or use your Sale Codes to acquire Third-Party Benefits and any redemption or use happens on third party website or apps that are not controlled by us. You agree that we have no control over and do not guarantee the quality, safety or legality of any Third-Party Benefits, the truth or accuracy of their offers, or the ability of third-parties to provide any goods, services or other benefits offered. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of the third-parties who’s Third-Party Benefits are promoted via 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 third-party. 

 

Any redemption or use of the Sale Codes are subject to any terms that are stated as part of the Sales Codes).

SweatCo is entitled to alter the selection of Sale Codes on offer, and the number of Sweatcoins required to redeem any such Sale Codes offered on the Sweatcoin Marketplace, as well as to limit the number of possible redemptions of any Sale Codes by any user or group of users in its absolute discretion.  .

  
We welcome feedback on the Sale Codes. 

 

9. PRIZE DRAWS

 

From time to time, SweatCo may offer you the chance to enter into prize draws sponsored by one of our third-party partners. The name of the third-party partner will be identified when you enter the prize draw and any specific terms relating to the prize draw. Each prize draw will be subject to our general prize draw terms.

 

10. INTELLECTUAL PROPERTY RIGHTS

 

All intellectual property rights in the Service (including in the App and the Site) throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service other than the right to use them in accordance with these Terms.

“Sweatcoin” is the trading name of SweatCo and we hold registered and unregistered trade mark rights in respect of this name.   

11. USER CONTENT

You are solely responsible for any data, text, images, graphics and other content that you submit, post or display on or via the Service ("Your Content"). 

 

We do not claim ownership of any User Content.  However, you grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable, perpetual licence to use, aggregate, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate and otherwise fully exploit Your Content for any purpose relating to the Service and our business, at any time.

 

You agree that we are not responsible for, and do not endorse, Your Content or any data, text, images, graphics and other content that may be submitted, posted or displayed on or via the Service by another user (“Other User Content”) and that we do not have any obligation to monitor, edit, or remove Your Content or any Other User Content. However, we reserve the right, without obligation, to monitor, moderate, edit or remove any such content.  

 

In general, we will only review Your Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, as a result of an appeal to an account suspension, or as a result of a technical problem with the Service.  You agree that we may access and use Your Content for this purpose.   

 

You will make sure that Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. 

 

You agree that Your Content must not: 

 
(i ) infringe any third party's copyrights or other rights (e.g., trade mark, privacy rights, etc.), please see section 26 for further information; 
(ii) contain sexually explicit content or pornography; 
(iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; 
(iv) exploit minors; 
(v) depict unlawful acts or extreme violence; 
(vi) depict animal cruelty or extreme violence towards animals; 
(vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or 
(vii) break any law, rule or regulation.  

 
12. FEEDBACK

We welcome any feedback or suggestions for improvements relating to the Service 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 will have the right to use such Feedback for such purposes as we see fit from time to time, including to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion.  We will not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use it.  

SWEAT TOKENS

 

You are not permitted to exchange Sweatcoins for Sweat Tokens, or to download the Sweat Token app, or to create a Sweat Token account or open a Sweat Token wallet.  This is only permitted if you are resident outside of the US..  

 

 

13. 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, you shall not (i) simulate any movement using artificial and/or mechanical means, (ii) enlist third parties to generate Sweatcoins on your behalf (however, you may receive transfers of Sweatcoins validly generated by other users using the functionality available within the App); 

b) copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the App or Site or any content accessible on either, save as otherwise expressly permitted by these Terms or applicable law;

c) operate more than one Sweatcoin Account;  

d) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service;

e) reproduce, frame, display or mirror the Service 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 Service;

g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Service;

h) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 

i) use the Service in any way that breaches any law or regulation, including any applicable export control laws, privacy laws or any other purpose not reasonably intended by SweatCo;

j) employ any technology that interferes in any way with the proper operation of the Service, including by blocking any advertising or promotions displayed thereon; or 

k) collect or harvest any information or data from the Services for any commercial purpose, save as otherwise agreed in writing by us.

 

If we discover any breach of this Section 13 by you, we may immediately suspend or terminate your access to the App and remove and delete any offending content from the Service.  

 
14. CHANGES AND UPDATES TO THE SERVICE

 SweatCo reserves the right at any time in its absolute discretion to alter the functionality or contents of the Service with or without notice to you.

  

We may issue updates to the App from time to time. Depending upon the nature of the update, you may not be able to continue to use the App until you have downloaded the latest version of the App.

 
15. CONTACTING US 

If you would like to contact us, including with any feedback, questions, complaints or claims about the Service, please contact us via our iPhone or Android application -> Profile -> Settings -> Help -> Contact us ->

16. AVAILABILITY OF THE SERVICE

The Sweatcoin Services 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 Services or the contents of any of them. SweatCo does not warrant or undertake that use and availability of the Sweatcoin Services will be uninterrupted or error-free.  

 

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” AND 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.

17. THIRD PARTY SERVICES

SweatCo may include in the Sweatcoin Services links to other sites or applications that are owned or operated by third parties (“Third Party Services”). You also agree that SweatCo has no control over the content of Third Party Services and does not have any responsibility for any material available on such Third Party Services nor for any use of or reliance on the contents of such Third Party Services by you.  The fact that we may link to a Third Party Service does not mean that we endorse it or the products or services on it.  In particular, where the Third Party Service relates to your health, you should always take appropriate medical advice before using it.

18. LIMITATIONS OF THE SERVICE; NO MEDICAL ADVICE

The Service is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

The Service does not contain or constitute, and should not be interpreted as, any form of medical advice or opinion, diagnosis or treatment, and should never be used as a substitute for medical or emergency care.  Your use of the Service does not create a doctor-patient relationship between you and Sweatco. 

 

If you have a medical or mental health emergency, or are taking actions that may cause harm to you or to others, you should seek emergency treatment at the nearest emergency room or call an emergency help line. 

 

We are not licensed medical professionals, and we are not in the business of providing medical advice or in the practice of medicine. You should always consult a qualified medical professional prior to beginning or modifying any diet or exercise program, and only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. 

19. CHANGES TO THESE TERMS OF USE

We may change these Terms from time to time.  Any changes we may make to these Terms in the future will be posted on the Site and App and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms. 

 

From time to time we may make available additional terms or guidance in relation to the usage of the Service and, where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Service.

20. OUR LIABILITY TO YOU 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF SWEATCO AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (SWEATCO AND ALL SUCH PARTIES TOGETHER, THE “SWEATCO PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) thirty ($30) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO SWEATCO IN CONNECTION WITH THE SWEATCOIN SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM ]OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. your contract with us and receive a refund for any Service you have paid for but not received.

21. INDEMNITY

 

You agree to indemnify and hold the SweatCo Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Sweatcoin Services (including any actions taken by a third party using your account) and (b) your violation of these Terms of Use.

22. APP STORE REQUIREMENTS

You acknowledge and agree that the availability of our App is dependent on the third party stores from which you download the application, including Apple Inc.’s (“Apple”) App Store (the “Apple App Store”) and Google LLC’s (“Google”) App Store (“Google Play”). 

 

As a user of the Apple App Store, we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms. You agree to comply with, and your licence to use our application is conditioned upon your compliance with, such Apple App Store terms and conditions. To the extent such other terms and conditions from such Apple App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

 

Through our App, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Service. When you make an In-App Purchase, you are doing so through the Apple iTunes service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html. SweatCo is not a party to any In-App Purchase.

23. General

We may transfer our rights and obligations under these Terms to a third party. 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. 

You are not entitled to transfer your rights or your obligations under these Terms without our prior written consent.  

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

 

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Sweatcoin Services, provided that the SweatCo may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Use shall otherwise remain in full force and effect and enforceable. You and SweatCo agree that the Terms of Use are the complete and exclusive statement of the mutual understanding between you and SweatCo, and that these Terms of Use supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of SweatCo, and you do not have any authority of any kind to bind SweatCo in any respect whatsoever. 

 

Except as expressly set forth in the sections above regarding the Apple App Store and the arbitration agreement, you and SweatCo agree there are no third-party beneficiaries intended under these Terms of Use.

 

24. CHOICE OF LAW 

These Terms of Use are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware without regard to the conflicts of laws provisions thereof.

25. Arbitration Agreement

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with SweatCo and limits the manner in which you can seek relief from SweatCo. Both you and SweatCo acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms of Use, SweatCo’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms of Use directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Delaware. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. SweatCo will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. SweatCo will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 
(c) Small Claims Court; Infringement. Either you or SweatCo may assert claims, if they qualify, in small claims court in Delaware or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. 
(d) Waiver of Jury Trial. YOU AND SWEATCO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and SweatCo are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and SweatCo over whether to vacate or enforce an arbitration award, YOU AND SWEATCO WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor SweatCo is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below. 
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: c/o OHS Secretaries Limited, 9th Floor, 107 Cheapside, London, EC2V 6DN, UK, postmarked within thirty (30) days of first accepting these Terms of Use. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of this arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or SweatCo to litigate any dispute arising out of or relating to the subject matter of these Terms of Use in court, then the foregoing arbitration agreement will not apply to either party, and both you and SweatCo agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, [venue ], or the federal district in which that county falls. 
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with SweatCo.

26. DMCA Takedown Policy

In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement.  We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

(a) Procedure for Reporting Copyright Infringements.  If you believe that material or content residing on or accessible through the Sweatcoin Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to SweatCo’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
  (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  (ii) Identification of works or materials being infringed;
  (iii) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that SweatCo is capable of finding and verifying its existence;
  (iv) Contact information about the notifier including address, telephone number and, if available, email address;
  (v) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
  (vi) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

(b) Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.  Upon receipt of a proper notice of copyright infringement, we reserve the right to:
  (i) remove or disable access to the infringing material;
  (ii) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
  (iii) terminate such content provider's access to the Sweatcoin Services if he or she is a repeat offender.

(c) Procedure to Supply a Counter-Notice to the Designated Agent.  If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
  (i) A physical or electronic signature of the content provider;
  (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  (iii) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  (iv) Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which SweatCo is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, SweatCo may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that SweatCo may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at SweatCo’s discretion.  

Please contact SweatCo’s Designated Agent at the following address:

SweatCo Ltd

Attn: DMCA Designated Agent

c/o OHS Secretaries Limite

9th Floor, 107 Cheapside

London, EC2V 6DN, UK

Attachment 1

App Store Terms

 

1. The Terms of Use are concluded between you and SweatCo, and not with Apple. The Sweatcoin App and its contents are the responsibility of us, our licensors and users of the Sweatcoin App (to the extent that such users create, submit or distribute any content via the Sweatcoin App) and not Apple.  

 

2. The licence to use the Sweatcoin App granted under these Terms of Use is a non-transferable license for you to use the Sweatcoin App on an Apple-branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the Sweatcoin App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.

 

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.  

 

4. Apple will have no warranty obligation whatsoever with respect to the Sweatcoin App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Sweatcoin App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.  

 

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.

 

9. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

10. Sweatcoin offers optional in-app purchases in the form of auto-renewing subscriptions. The subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your App Store account settings after purchase.