These Terms and Conditions regulate the use of the WodPod Platform (as defined below) and the provision of related services for registered Users.
WodPod Platform and related services are managed by WodPod srl, with registered office in Turin, Via Boggio 83, registered at the Chamber of Commerce of Turin with registration number TO 1237424, P. IVA: 11744540011, e-mail: email@example.com
The following definitions retain their value in both singular and plural, in both lowercase and capital letters.
“Active Time” is the actual exercising time
"Badge" means a badge assigned by WodPod to the User who achieves a goal.
"Coin" or “W-Coin” refers to a value which can be purchased on the app or donated by WodPod exceptionally (for example to the pioneers who will participate in the test phase) and is used to download training Programs from the Store.
“Challenge Training” is about completing all the repetitions and rounds in the least amount of time. During workout execution a stopwatch is shown to track time, together with the “ghost” benchmark.
"Completed" is a status assigned to the User when finishing a WOD or a Program
"Content" means text, images, photographs, audio clips, video footage, location data, and any other forms of data or communication that may be entered into the Platform by the User, including information publicly displayed in the personal account profile, as well as any content made available in connection with the Platform, including the User's content, the contents of any third parties, and the content of the Platform.
“Ghost Time” or “Ghost” is the expected workout time calculated by a proprietary algorithm based on previous performances.
“Interval Training” is about alternating exercise and rest for given amounts of time. During workout execution both a single movement timer and an overall timer are shown.
“Mastered” is a special status assigned to the User in Challenge Training
"Movement" or “Move” or “Exercise” means the specific exercise (push up, squat, etc.)
“Platform” means, collectively, the WodPod app and all the online websites identified by the brand WodPod.
"Program" means a set of workouts consisting of two or more WODS depending on the difficulty level.
“Rest” or “Rest Time” is the time dedicated to recover from exercising
“Services” means the services provided by WodPod through the Platform.
“Store” is a section in the app where it is possible to preview and download training Programs created either by WodPod or by third parties (i.e. fitness trainers).
"User" means a natural person who, for personal or professional reasons, is enrolled in WodPod with the aim of training athletically by following the training Programs available in the app or with the aim of providing one or more training Programs designed by the User himself.
“User Profile” is a section in the App where all statistics and settings of the User are provided
“WOD" - workout of the day - or “Workout” or “DAY” means a specific training consisting of one or more movements/exercises
2. NAVIGATION AND REGISTRATION SERVICE
2.1 WodPod services and platform, classified as information society services, are reserved for Users who are 14 or older.
2.2 The platform allows all Registered Users - including via the Facebook Plugin and Apple Sing In- to consult and enjoy the content and services offered according to the User's level of choice. Users interested in registering at the platform or subscribing to the services will have to provide their personal data - such as name, surname and password - as required in the authentication procedures, taking care to indicate true data.
2.3 The registered User will be responsible for keeping the password and confidential data available for accessing the services in order to avoid access by unauthorized third parties and is solely responsible for any misuse or illegal use by anyone who uses the services on his/her behalf. In the event of loss or theft of the access codes/passwords the User shall promptly notify WodPod which will deactivate the account created and at the same time change the access codes.
2.5 WodPod retains and uses this data to improve its services and/or platform operations.
3. SERVICES FOR USERS AND DISCLAIMER
3.1 All Users will be able to access the platform by accessing the services/functionality as outlined below, together with the relevant conditions.
3.2 Following registration, the User will have access to a couple of free tutorial Programs and to the in-app Store, where training programs are displayed and are ready to be downloaded upon payment with w-coins. The User may buy w-coins, which do not expire, through the service IAP (in-app purchases) provided by Apple. Downloaded programs can be performed unlimited times and do not expire.
3.3 When the User finishes a WOD receives a Badge
3.4 Give up: at any time, the User can give up, selecting the "give up" function. The WOD and the work done up to that point will not be counted.
3.5 Upon completing a Program - consisting of two or more WODs - said Program will be Completed. In Challenge Training the platform records the time the User uses to complete a WOD. About the ghost time of the User in relation to a given WOD:
● If the time taken by the User to complete the WOD is higher than the Ghost Time, the assigned status will be Completed
● If the User's time to complete the WOD is lower than the Ghost Time, the assigned status will be Mastered. A special Mastered Bagde will be given to the User
● If all WODs that make up a Program are Mastered, the status assigned to the Program itself will also be Mastered and special Badge will be given.
In no case does the platform intervene on the count that the User posts in reference to his/her performance.
3.6 For statistical purposes the platform records the counts for:
● Individual and total completion times for User exercises
● Number of individual and total exercises carried out by the User
● Repetitions a workout time executed by the User
3.7 The assignment of an additional Badge will automatically occur when the following events occur:
● The User registers on the platform
3.8 Disclaimer: the platform provides the User with fitness training Programs and does not replace any specialist professional figures such as doctors/nutritionists/trainers and related activities. WodPod encourages you to talk to your specialist professional before embarking on or ramping up any exercise Program and declines any responsibility.
A video tutorial will be provided for each exercise. The video information is available as is and does not constitute professional advice. No warranty is given as to the accuracy or to the completeness of the information contained in the video and WodPod assumes no responsibility with respect to such videos.
WodPod does not make any guarantees that the use of the featured Programs will bring the training result intended by the User. The actual result will depend on factors which cannot be influenced, such as physical disposition, preconditions and nutrition. Consequently, results may vary strongly between individuals despite the use of the same Program.
4. PLATFORM’S COMMUNITY
4.1 Registered Users can post on the platform personal content and actively contribute to the development of the platform itself through community functions, including active social sharing/plugin sharing functions that the User has installed on his/her device.
4.2 The registered User can only have one account and is responsible for the accuracy and completeness of his/her personal data during registration. The User also undertakes to communicate to WodPod any updates of the data in a timely fashion.
4.3 The User is responsible for the confidential use of his/her account details, in particular the password.
4.4 In case of misuse of the Username/email address and the password on the platform, the User will be immediately contacted.
5. REGULATION FOR REGISTERED USER, CONTENT OF PUBLICATIONS AND RESPONSIBILITY
5.1 Following registration, the User will be able to interact directly with other registered Users and with WodPod, thereby contributing to the creation of the community, as regulated by Art. 4.
5.2 In the registration process, the User must provide all required data, indicating truthful information and promptly notifying WodPod of any variation of said information. The registered User, in relation to the publication of content/reviews, agrees to the following:
A "Username" (publicly visible) is automatically created by the Platform and can be edited - when prompted - before sharing a badge or creating a challenge for the first time
Do not disclose personally identifiable, sensitive or personal data or third-party’s personal data or any information that directly or indirectly allows the third party's identification (email address, phone number, etc.)
Do not use/publish sensitive third-party data without legitimate consent, including: personal data suitable for revealing racial or ethnic origin, religious, philosophical or other beliefs, political opinions, party membership, unions, associations or organizations of a religious, philosophical, political or trade union type, as well as personal data suitable for revealing the state of health and sexual life.
Publish only information and judgments based on real and direct experiences, trying as much as possible to express objective, appropriate, pertinent and balanced judgment.
Do not post false, defamatory, misleading, illicit or, in any event, harmful, vulgar, obscene content or information that is contrary to the privacy or other rights of others.
Do not publish content that is occult advertising.
Do not post content that does not have any thematic link with the service indicated.
Do not publish content that is immoral, pornographic or scandalous.
Do not post content that violates third party rights, in particular copyright and intellectual property rights.
Do not post content that is in violation of applicable laws.
Do not post content that may contain viruses or Programs that may damage other computers.
Do not post content that is surveys or chain emails.
Do not publish content that is intended to collect and/or use the personal data of other Users for commercial purposes.
5.3 In the event of a violation of the Terms and Conditions, WodPod reserves the right to delete the contents without explanation and to permanently exclude the User from the platform, without prejudice to the right to prosecute.
5.4 WodPod reserves the right to remove or modify, at its sole discretion, any publications that it considers offensive or detrimental to its own or other rights, or which it considers to be non-compliant with these Terms and Conditions or Law, with no obligation regarding the publication/deletion/modification of the information as communicated by the User; WodPod reserves the right to suspend, at its sole discretion, the User's account that it considers to be in violation of these Terms and Conditions.
5.5 In any case WodPod srl is not responsible for the correctness, quality, completeness, reliability or credibility of any content entered by the User.
5.6 WodPod is not required to actively verify the correctness and legitimacy of content provided by platform Users. WodPod in no way influences information (images, comments, reviews, videos, etc.). Content published by Users does not reflect WodPod's view; in particular, the editorial content does not imply any explicit and informative suggestion.
5.7 The User is the sole responsible for the content as published on the platform.
5.8 Any hyperlink, banner and product/service data does not constitute a recommendation or suggestion by WodPod in favor of third parties and their products.
5.9 WodPod does not account for technical problems, the cause of which does not fall within its responsibilities or for damage caused by force majeure. WodPod assumes responsibility only in the event of a guilty verdict and serious negligence.
5.10 With regard to the content published by the User, he/she recognizes and grants to WodPod a free, permanent use license - in addition to the right to exploit - that is valid in any place and not exclusive to reproduce, modify, adapt and publish such content on the platform.
6. MODIFICATIONS TO WODPOD AND DISCRETION OF WODPOD SRL
WodPod reserves the right at any time to modify or suspend, temporarily or permanently, the service or certain conditions of the service as offered to you and described in these conditions, however giving timely notice to interested parties by e-mail. The User agrees that WodPod shall in no way be held liable to him/her and/or to third parties for the modification, suspension or termination of Service. Terms and conditions subject to change also apply to all services provided directly or indirectly (eg third parties) on the Internet, mobile devices, email or telephone.
The User can at any time and without additional costs have her profile deleted from the platform by sending the request to firstname.lastname@example.org.
8. RELATIONSHIPS WITH ADVERTISERS AND WODPOD’S WAIVERS
User's subscription to any advertiser's offers found on the platform will establish relationships between him/her and the advertiser. Therefore, the User cannot in any way hold WodPod responsible for any damages caused to him/her due to such relationships.
9. COPYRIGHT AND TRADEMARKS
The platform, the pages that compose it, its technologies, its logos, trademarks, graphic design, as well as any content of the platform, are the exclusive property of WodPod; you are prohibited from using and reproducing, unless expressly advised by the legal representative of WodPod. You agree not to reproduce or to use the platform content for commercial purposes.
10. LACK OF WARRANTY BY WODPOD
The use of the platform is the sole responsibility of the User who accepts and acknowledges that the services described and represented therein are provided AS IS without any warranty by WodPod regarding the truthfulness and reliability of its contents.
11. APPLICABLE LAW AND COURT OF JURISDICTION
These Terms and Conditions are governed by Italian law with the express exclusion of the provisions of private international law and without prejudice to the application of binding provisions of law in favor of the consumer.
For any disputes concerning the validity, execution or interpretation of these Terms and Conditions and their effects, the competent court will be the Court of Torino, without prejudice to the application of the Consumer Code (Legislative Decree 206/2005 as modified by Legislative Decree 21/2014) for consumers resident in Italy.
Pursuant to the Consumer Code, the User is also entitled to an out-of-court settlement of disputes concerning consumer relations by resorting to the ADR – Alternative Dispute Resolution.
Furthermore, it is possible to resolve consumer disputes online, through the European ODR Platform (http://ec.europa.eu/consumers/odr/), where the User has access to a list of ADR options, to related websites and can start the procedure to resolve a dispute online. Whatever the outcome of the out-of-court settlement procedure, the right of the User to start ordinary legal proceedings for the resolution of the dispute remains unaffected.
In case any provision of these Terms and Conditions shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.