Terms of Use

By using the WorkOutch website (workoutch.com). „The Service Provider“, collectively known as „the Service“, you agree to the legal terms set forth by the following terms and conditions (“Terms of Service”).

The Service Provider reserves the right to modify the Terms of Service from time to time without prior notice, effective upon posting an updated version of this Terms of Service on workoutch.com.

You are responsible for regularly reviewing this Terms of Service. Continued use of the Service after any such modifications to the Terms of Service shall constitute your consent to such modifications.

1.Account Terms

  • You warrant that you are a human, and not a computer service or automated “bot”.
  • You warrant that you have provided accurate and valid information requested during the registration process.
  • You warrant that you will use the Service only for lawful purposes.
  • You are responsible for all of your activity in connection with the Service
  • You are prohibited from violating, or attempting to violate, the security of the Service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Service Provider.
  • You understand that the Service Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service.
  • You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Content, that:
    • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
    • you know is false, misleading, untruthful or inaccurate;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, otherwise harms a third party, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
    • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
    • impersonates any person or entity, including any of our employees or representatives; or
    • includes anyone’s identification documents or sensitive financial information.
  • You warrant that you shall not create a deceitful website to imply association with the Service Provider or the Service.
  • You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
  • Notice to parents and guardians: Users are responsible for monitoring and supervising their child’s use of the Services. If your child is using the Services and is under age 16, please contact us immediately so that we can disable his or her access. If you have questions about the Services, please contact us at info@workoutch.com.

2.Use of the Service

  • The Service provides users with platform to share and search for information on how to improve their fitness and health, but the Service is not a medical organization, and you should not rely on this platform and information as a substitute for, professional medical advice, diagnosis, or treatment.
  • The Service Provider cannot guarantee that any results in the form of physical or health transformation, weight loss or fitness results or improvements shall arise from using of the exercises, workouts and/or the products indicated by the users.
  • The Service Provider declare that the exercises and workouts shared by the users are intended for use only by individuals healthy enough to perform strenuous exercise.
  • You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the information shared by the users, you acknowledge and agree that your performance of any and all exercises or activities recommended by the users is wholly at your own risk. Neither the Service Provider nor any of its users and employees will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises. While we may provide sharing platform such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.
  • The Service Provider is not responsible for the accuracy, availability or usefulness of any information provided on the web site by its users, third parties or other users of Service during the use of the Service.

3.Children’s privacy

You must be at least 13 years of age to use our Services and provide us with any of your personal information. WorkOutch does not intentionally collect or process any personal information from children under 13 years of age.

If you are 13 or older, but not an adult, meaning you are not at least the legal age of consent where you reside, you may not provide any personal information or use Our Services without consent of your parent or legal guardian who has agreed to be bound by Our Terms of Use.

If you are a parent or a legal guardian agreeing to Our Terms of Use on behalf of a child between the ages 13 and 18 (or the applicable legal age in your jurisdiction), you agree to supervise his or her use of Our Services and be fully responsible for any legal liability such use may incur as well as any information your child may provide.

In the event that we discover that a child under 13 has provided us with personal information without prior permission or parental consent, we will delete that information.

If you believe that your child has provided us with personal information, please contact us at info@workoutch.com.

4.Copyright Terms

  • You acknowledge that the Service is licensed to you and that the Service Provider retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agree not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without the Service Provider’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party.
  • The Service Provider claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you retains its original ownership.

5.Data & Privacy

WorkOutch has implemented a Privacy Policy, with detailed explanation on how your personal data will be stored and used. For more information, please read our Privacy Policy.

As a part of the Service, the Service Provider allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Service remains your sole responsibility and you retain all rights of it, but the Service has the right to share this information with third party websites and platforms according to its Application Programming Interface (API) policy.

6.Disclaimers

The Service Provider is not responsible for any incorrect or inaccurate content posted on the Site or Service. The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. The Service Provider assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Service Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service. The Service is offered “as is” and the Service Provider does not guarantee that any specific results will come from using the Service. The Service Provider is not liable to you or any third party for any direct or indirect damage or lost profit that can come from your usage of the Service, even when the Service Provider has been notified of the possibility of such damage.

7.Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination, you agree that you shall no longer access (or attempt to access) the Services. If you wish to terminate your Account, you may do so by contacting us at support@workoutch.com and/or do so by follow the instructions in the “Settings” tab in your personal profile. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.