Here at Shred Labs, we are focused on providing you the tools to become the best version of yourself, however, your health and safety are always a priority.
Shred Labs, LLC, a Delaware corporation (“Company”, “we”, “us”, “SHRED”) has created and offers SHRED – By Shred Labs (“Shred App”, “App”) a mobile application as well as the SHRED website (“Website”). This App and Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this App or Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App or Website.
1. HEALTH AND LIABILITY DISCLAIMER
SHRED AND THE SHRED APP PROVIDES WORKOUTS THAT SERVE AS GUIDELINES TO HELP YOU WITH YOUR FITNESS ROUTINE. WORKING OUT CAN BE DANGEROUS, ESPECIALLY WHEN USING WEIGHTS. BEFORE USING THE SHRED APP, OR ENGAGING IN ANY STRENUOUS PHYSICAL ACTIVITY, YOU SHOULD CONSULT A PHYSICIAN OR MEDICAL PROFESSIONAL. ALL TIPS, GUIDANCE, AND INSTRUCTIONS WITHIN THE SHRED APP SHOULD BE TAKEN AS EDUCATIONAL AND SHOULD NOT BE FOLLOWED STRICTLY IF DOING SO CREATES ANY RISK FOR YOU. BY USING SHRED YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE CONSULTED WITH A PHYSICIAN OR MEDICAL PROFESSIONAL AND ARE HEALTHY ENOUGH TO PERFORM STRENUOUS EXERCISE.
PERFORMING ANY ACTIVITY DEPICTED OR DESCRIBED IN THE SHRED APP INVOLVES A RISK OF PERSONAL INJURY AND YOU EXPRESSLY ASSUME ALL RISK OF HARM. IF AT ANY TIME WHILE PERFORMING ANY ACTIVITY DEPICTED IN SHRED APP YOU FEEL ANY DISCOMFORT, PAIN, NAESUA, LIGHT HEADEDNESS, SHAKING, OR CHEST PAINS, STOP USE AND IMMEDIATELY CONTACT A MEDICAL PROFESSIONAL OR DIAL 911.
Neither the Company nor any of its trainers or Affiliate will be liable for any injury or illness, either physical or mental, that may result, whether directly or indirectly, from any exercise or workout. You assume sole responsibility for performing exercises with proper form, and acknowledge that improper form may lead to a risk of injury. Every body is different, and you acknowledge that any tips or guidance provided by SHRED, either in text or video format, may not be good for you, and that you will consult a well-qualified coach, trainer, or physical therapist if you are new to any type of training specified within the Shred App. You also acknowledge that any tips or guidance provided by SHRED within Shred App are not to be taken literally if such tips or guidance lead to any discomfort or pain, or are not in alignment with advice offered by your doctor or medical professional.
4. INTELLECTUAL PROPERTY
5. ACCOUNTS AND SUBSCRIPTIONS
Use of the Shred App requires you to create an account with SHRED. You are responsible for all activity that occurs under your account. You have the ability, but not the obligation, to upload a photo to your account. You agree to upload an appropriate photo, and acknowledge that SHRED may disable your ability to upload a photo if you have uploaded a photo deemed inappropriate at SHRED’s sole discretion. SHRED reserves the right to suspend or terminate your account at any time and shall incur no liability for such suspension or termination.
After a limited trial period, you will be offered a subscription in order to continue use of the Shred App with unlimited access, or you may continue for free with limited access to the Classic workout style only. All payments are handled through Apple and the iTunes Store, and it is your responsibility to maintain your subscription through your Apple iTunes account.
Your subscription will continue until cancelled through Apple. You acknowledge that subscription fees paid through Apple are non-refundable. If you believe any charge was made in error to your iTunes account, or if you have any questions regarding how Apple and iTunes handles subscriptions, please contact Apple billing support.
6. MOBILE USE AND CONNECTIVITY
Use of the Shred App requires an Internet connection either through Cellular or Wifi.
You acknowledge that if you do not have this, some or all of the Shred App features will not work properly. By using the Shred App you acknowledge that its use of data will fall under your carrier’s normal data consumption rates. If you find the Shred App not functioning properly, check your Internet connection. For any support related issues immediately contact firstname.lastname@example.org.
7. SOCIAL FEED & USER INTERACTION DISCLAIMER
Upon completion of a qualified workout your workout will be posted to the social feed log within the Shred App, where your photo will be visible to all users. You may disable this feature at any time by going to Settings>Account and unselecting “Get Cheers While Working Out” and “Show Workouts on Social Timeline”. You will have the ability, but not the obligation, to post certain information on your account that may allow you to be identified. This includes your Last Name and Gym Location. These options are disabled by default, and you are able to further remove your visibility completely from the Shred App within the Settings. You are solely responsible for your interactions with other people, whether online or in person. SHRED is not responsible or liable for any loss or damage resulting from any interaction with other Shred App users or persons who find you because of information posted on, by or through the Shred App. You agree to take reasonable precautions in all interactions with other users on the Shred App, and conduct any necessary investigation before meeting another person. SHRED is under no obligation to become involved with any user dispute.
8. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using the Shred App if such claims are reported to our Designated Copyright Agent identified in the sample notice below. A valid complaint under the DMCA must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Services; Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please send DMCA requests to email@example.com. If the request provided is deemed valid under the DMCA, we will promptly remove the allegedly infringing content.
9. RELIANCE ON INFORMATION
All information within the Shred App, including but not limited to workouts, exercises, tips, guidance, videos, and quotes, is intended to be educational in nature. Expressions such as “Go Heavy” or “Pull Heavy Weight” are idiomatic, and are not intended to instruct you to perform any activity beyond that which has already been approved by your physician or medical professional (as outlined in Section 1). You will be able to log weights and repetitions for specific exercises, which will then be displayed for you when you see this exercise again. Repetition counts, timer durations, or weight amounts displayed are intended to be educational in nature and to serve as a guide, and are not to be followed if doing so does not align with activity approved by your physician or medical professional. Always be alert and aware when operating machines or heavy equipment, and seek the advice of a well-qualified training professional or physical therapist when using equipment or performing exercises you are not familiar with.
10. WARRANTY DISCLAIMER
SHRED is not responsible or liable for any Personal Information posted on the Shred App or for any offensive, unlawful or objectionable content you may encounter on or through the Shred App. The Shred App is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, SHRED disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. SHRED cannot guarantee and does not promise any specific results from use of the Shred App. SHRED does not represent or warrant that the Shred App will be uninterrupted or error-free, that any defects will be corrected, or that this Shred App or the server that makes the App available are free of viruses or anything else harmful. To the fullest extent permitted by law, SHRED does not make any warranties or representations regarding the use of the materials or Content in the Shred App in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Shred App, loss of data or other harm of any kind that may result. SHRED reserves the right to change any and all Content and other items used or contained in the Shred App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
11. LIMITATION ON LIABILITY
IN NO EVENT WILL SHRED, 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 SHRED APP, OR ANY CONTENT ON THE SHRED APP OR SUCH OTHER SERVICES OR ITEMS OBTAINED FROM SHRED, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13) GOVERNING LAW AND JURISDICTION
15. CONTACT INFORMATION
Please contact support at firstname.lastname@example.org for any questions or concerns relating to this Terms of Service.