TERMS OF USE
These terms of use are entered into by and between You (whether you are in an individual or an organization) and Strivee, (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Strivee, including any content, functionality, services offered on or through Strivee and all related documentation (the Website, mobile applications and documentation together, the "Service"). The Service is licensed, not sold, to you. You agree to comply with these Terms and any supplemental terms which Strivee makes available to you on the Services which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. NO PERSON UNDER THE AGE OF THIRTEEN MAY USE THE SERVICE IN ANY CASE. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
1. Registration and Accounts
The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
Strivee has the right to suspend or terminate your account and refuse current or future use of the Services.
You are solely responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Strivee of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorization from Strivee. We will not be liable for any loss or damage arising from your failure to comply with this Agreement.
You are also responsible for any User Content you submit, including its legality, reliability, accuracy and appropriateness.Â
2. Reservation of rights
You agree that the Service is provided under license, and not sold, to you.
You agree that Strivee may at any time and for any reason, including a period of account inactivity, terminate your access to Strivee Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
3. Use of personal data
Your privacy is critically important to us. See how we collect and use your personal information in our Privacy Policy.
4. SUBSCRIPTION
4.1. Payments
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes, or any other payment method made available by Strivee) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting https://strivee.app/account. If you paid through iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Strivee, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately at support@strivee.app
4.2. Fees
In order to access certain functionality of the Services, you may be required to pay membership fees. These fees, along with any required taxes, may be paid on a monthly or annual basis. All membership fees are payable in advance. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date.
Strivee expressly reserves the right to change and/or increase the Fees at any time, upon notice to you.
If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the membership fees, and other charges you incur in connection with your Strivee account, whether on a one-time or subscription basis.
In the event you fail to pay any amount when due, Strivee may immediately suspend or terminate this Agreement and your access to the Service.
4.3. Auto-Renewal
Membership to Strivee (ASCEND) is available on a month-to-month or annual basis, with automatic renewal until your ASCEND membership is downgraded or terminated.
Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your ASCEND membership at any time. Strivee also reserves the right to terminate or suspend your ASCEND membership without prior notice.
Moreover, if you subscribe to a classic (group) or custom program on the marketplace, there will be an automatic renewal until your subscription is downgraded or terminated. You may cancel your subsrciption at any time.
4.4. Free Trial
We require that you provide a valid Payment Method at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). The free trial period for any subscription will last for the period of time specified when you signed up. Strivee will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Strivee reserves the right to terminate any account that is using or trying to use more than one Free Trial.
4.5. Cancellation
About the ASCEND offer, members may cancel their membership at any time, by visiting your “Account” page you signed up through the website. If you signed up through the iTunes store, you may cancel your ASCEND membership by downgrading through the corresponding store.
Concerning subscriptions to programs on the marketplace, members may cancel their membership at any time, by visiting your “Subscriptions” page on the Marketplace.
Cancellations are not retroactive therefore if a member cancels after their membership month has begun, the member will not be entitled to a refund for that membership month. Cancellations do not become effective until the starting date of the member's next membership billing cycle. A membership month begins on the calendar date when a member subscribes to a Strivee service and concludes on the day before that calendar date the following month.
5. Member content
Subject to this Agreement, you grant us a non-exclusive, transferable, sub-licensable, fully paid up, royalty-free, worldwide perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
6. Updates and changes
Strivee may from time to time in its sole discretion develop and provide Service updates. These updates may include new features, bug fixes, upgrades, and/or other error corrections.
We are under no obligation to update such material.
Updates may also modify or delete in their entirety certain features and functionality.
7. Email agreement
By signing up on Strivee, I agree to receive occasional information by email.
8. Links
Strivee has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Strivee of the site. Use of any such linked web site is at the user's own risk.
9. Third-Party Rights
The Service may include, display, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Strivee is not responsible for third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Strivee does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links to them are provided solely for your convenience. You use them entirely at your own risk and subject to such third parties' terms of use (or similar agreements with users) and privacy policies.
10. Term and termination
This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period. Strivee reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of the terms of this Agreement, furnished Strivee with false or misleading information, or interfered with use of the Website or the Service by others.
If we terminate this Agreement because you have breached it, you will not be entitled to any refund of any unused subscription fees or other payments that you may have made to us at the time of termination.
11. Disclaimer of warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STRIVEE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. STRIVEE MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. STRIVEE IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER OR THIRD PARTY, AND STRIVEE WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT STRIVEE HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, YOU MAY REPORT THE MISCONDUCT OF USERS AND/OR THIRD PARTIES IN CONNECTION WITH THE SITE OR ANY SERVICES TO STRIVEE. STRIVEE, IN ITS SOLE DISCRETION, MAY INVESTIGATE THE CLAIM AND TAKE NECESSARY ACTION.
12. Limitation of liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICE OR THE CONTENT AND SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnity
You agree to indemnify, defend and hold harmless Strivee, its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing Strivee using your service account.
14. Choice of Law and jurisdiction
These terms are subject to French law.
Any dispute or dispute concerning the validity, execution, interpretation, termination, or consequences of these terms which could not have been settled amicably between the parties, will be submitted to the competent courts under the conditions of common law.
15. Limitations of time on file claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16. Waiver and severability
No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Â If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
17. Changes to these terms of Use
Strivee reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Terms of Use (“TOS”) at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
18. Contact us
If you have any questions or comments regarding this Agreement or the Services, feel free to contact us by e-mail at support@strivee.app