User Terms & Conditions ('Terms') for the Sufferfest Training Centre App (the 'App')
Last updated: March 8, 2017
What are you (the "User") agreeing to if you use the App?
We may at our sole discretion amend or update these Terms from time to time without notifying you. Your continued use of this App constitutes your acceptance of the prevailing Terms at the time of each usage.
Who owns the content on the App?
All content on the App is 100% created, owned or licensed by The Sufferfest Pte. Ltd. This includes, but is not limited to, all designs, graphics, videos, workout profiles, functionality, code and titles. As our intellectual property, this content is protected by applicable laws and regulations.
We've suffered plenty creating this content so that you can suffer optimally, and we won't hesitate to enforce our legal rights against anyone who, without our permission, modifies, reproduces, distributes, sells or otherwise uses any of this content in an inappropriate manner.
Is the App perfect?
No, but we're working on it. That's why we may require you to periodically download and install updates to the App, with or without notifying you.
Are you eligible to sign up for and use the App?
First things first – this App is strictly for individual and non-commercial use only. This App is not for use by any groups or businesses. If you're in a group or business and looking to use our User content in your studios or classes, find out how you can become an Official User Embassy and legally use our content here.
If you're below the age of 18, please only use the App under the supervision of your parent or a legal guardian who agrees to be bound by the Terms. We appreciate your fervour, young User, but rules are rules.
Your licence to use the App
Your licence to use the App is limited, personal, non-exclusive, non-transferable and revocable.
Sounds like a lot of restrictions, but we're happy to summarize them for you. In short, only existing subscribers may use the App. Can you let anyone else access your account? No. Can you share or copy any content on the App? No.
That being said, we rely on Users to spread the word of suffering through your lands. As such, we have no issues with you creating text hyperlinks to our App page with our current URL at https://thesufferfest.com/pages/app for non-commercial purposes (we can't stress this enough) on social media platforms such as Facebook or Instagram. This limited right may be revoked at any time.
We need you to observe these rules when using the App:
At the point of signing up, you will be prompted for your name, e-mail address and credit card details. Please ensure that you provide us with accurate, correct and up-to-date information. And don't use someone else's credit card (without their consent) or identity (with or without their consent).
The responsibility of keeping your login information confidential lies solely with you. This also means that you are responsible for all activities occurring under your account(s).
Don't violate any applicable laws or regulations when using the App.
Any content downloaded with the App is for use and viewing with the App only. Our Sufferfest videos on the App are specially encrypted for in-App use.
Don't obtain or attempt to obtain any data or content from the App using any third party service.
Don't copy, modify, reproduce, distribute, sell or otherwise inappropriately use any content on the App.
Don't engage in any activity that disrupts or interferes with the App, including messing with our User servers or networks.
We have the right to suspend or terminate the account of any User without notice or for any reason. Additionally, we have the option of enlisting the help of law enforcement authorities and/or our lawyers in taking legal action against any User who does not abide by these rules.
There shall be no refund of any fees already charged in the event that any User account is suspended or terminated.
Payment and subscription
Like the best things in life, your time in Sufferlandria doesn't come free.
7-day free trial
Except the first 7 days, that is.
Your 7-day free trial begins once you click on "Create Account Now" at https://app.thesufferfest.com/account/create. We perform a US$1 pre-authorization clearance to make sure your credit card is valid, but we don't actually charge your card until the end of your trial.
If you cancel your subscription in your first 7 days you will not be charged. If you don't cancel by the end of day 7, your card will be charged for your first month or year of service. You are responsible for cancelling your account if you do not wish to be charged monthly or annual fees and any fees we have already charged you are strictly non-refundable.
Monthly/ yearly syncs
The App will synchronize with the server in Sufferlandria at the start of your billing cycle to validate that your subscription is still active. The frequency of these sync sessions depend on whether you have purchased a monthly or yearly subscription.
If your App is unable to connect to the User server when it's due for a sync session, you may be temporarily unable to access certain features of the App. This issue should be resolved once we are able to establish a connection with your device. If the App isn't working for you even when you have a stable Internet connection (i.e. it's not you, it's us), write to our Tech Minions at TheMinions@TheSufferfest.com.
While we're big on suffering, we do dangle the occasional carrot to entice new recruits to the land of Sufferlandria. If you are in possession of a promo code, lucky you. Please key in the code before you click on "Create New Account". Promo codes cannot be applied after your account has been created.
We reserve the right to suspend or cancel any promo codes without notice to you.
If we detect any issues with your mode of payment at the time of billing, your account will be frozen and you will be notified of this.
To regain access to your account, please contact us at TheMinions@TheSufferfest.com and our Minions will respond as soon as they can. Do note that your account may be deleted permanently from the records of Sufferlandria if we do not hear from you within thirty (30) days of the notification.
We're sad to see you go
You may cancel or switch your subscription at any time from the account settings page.
As any fees already charged to your credit card are strictly non-refundable, we suggest you pay close attention to your billing cycle when planning to cancel your subscription. For example, if your billing cycle falls on the 8th of every month, it wouldn't make much sense to cancel your subscription on the 9th. We're always looking out for you, even if you want to leave us.
Do note that as all cancelled accounts cannot be re-instated, you will have to create a new account if you wish to join us again.
Apple's and Google's terms and conditions
Many Users on the go have the App downloaded on their mobile devices. Where the App has been downloaded from the Apple App Store or from Google Play, these Terms are intended to supplement and incorporate Apple's terms and conditions of use, or Google's terms of service, whichever is applicable. If any of Apple's and Google's terms and conditions of use conflict with these Terms, the Terms shall prevail solely to the extent that they apply to the App.
What is my personal information being used for?
By using the App, you are consenting to the transmission, recording, processing and storage of your personal information required for certain functions of the App. For example, if you sync your ANT+ or Bluetooth devices to the App, data on your heart rate, cadence and power will be displayed on your device as you run or ride along to our App. These statistics help to track the intensity of your suffering and chart your progress as a User.
We are allowed to compile aggregate data on Users and use the data for purposes of marketing and communication, such as sending you periodic e-mails on our products and services or fine-tuning our App in order to optimize your suffering.
We also reserve the right to disclose information on any User for any reason and at any time, including but not limited to situations where we are required to comply with any applicable laws or requests from governmental authorities, or to protect our legal rights and remedies.
Access to the App
We may at any time suspend or discontinue the App temporarily or permanently at any time without notice to you, or liability to us.
What can't we be held responsible for?
All content available on the App is provided to you on an "as is" basis without warranty. We make no warranty that (a) the App will meet your requirements (b) that the App will be error-free (c) that access to the App will be uninterrupted, (d) that the information obtained or displayed by the App will be accurate and/or reliable, and (e) any defects in the App will be fixed.
We are also not responsible for any damage or loss of data resulting from content downloaded or otherwise obtained through the App – such content is obtained at your own discretion and risk.
To the fullest extent allowable under applicable laws, we shall not be liable for any direct, indirect, consequential or other damages arising from your use of or your inability to use the App. Your sole and exclusive remedy for any dispute with us is to stop using the App.
Indemnification for legal actions arising from misuse of App
You agree to indemnify and hold us harmless from and against all losses, expenses, damages and costs arising from your use or misuse of the App and/or violation of these Terms and/or violation of any rights of a third party.
Severability of Terms
If any of these Terms are deemed unenforceable for any reason, that Term shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms.
These Terms are governed by the laws of Singapore. You consent to the exclusive jurisdiction of the courts of Singapore over any legal action pertaining to these Terms or to the use of the App.
Contact details of Sufferfest
Feel free to contact us at TheMinions@TheSufferfest.com if you have any questions on these Terms.