Striive Terms of Use

The Striive Service will evolve over time based on our constant desire to improve features and usability. The Service will also change in response to user feedback which we will collate and review on the basis of ‘greater good’. These Terms are not intended to answer every question or address every issue raised by the use of the Striive Service. Striive reserves the right to change these terms at any time, effective upon the posting of modified terms and Striive will make efforts to communicate these changes to You via email or notification via the Website or Service. It is likely the terms of use will need to change over time. It is Your obligation to ensure that You have read, understood and agree with the most recent terms available here on the Striive Website.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

1. Definitions

2. Use of Service

InGym grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

3. Your Obligations

1. Payment obligations: A receipt for the Access Fee will be issued each month by email starting from the date You upgrade your Striive account to the SESSIONS, CLASSES or EVERYTHING plan. All receipts include details of the Access Fee for the upcoming one month of use. InGym takes responsibility for paying any taxes or duties incurred with respect to the Access Fee.
   
2. General obligations: You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Striive or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
   
3. Access conditions:
   1. You must ensure that all passwords required to access the Service are kept secure and confidential. You must immediately notify Striive of any unauthorised use of Your passwords or any other breach of security and Striive will reset Your password and You must take all other actions that Striive reasonably deems necessary to maintain or enhance the security of Striive’s computing systems and networks and Your access to the Services.
      
   2. As a condition of these Terms, when accessing and using the Service, You must:
      1. not attempt to undermine the security or integrity of Striive's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
         
      2. not use, or misuse, the Services in any way which may impair the functionality of the Service or Website, or other systems used to deliver the Service or impair the ability of any other user to use the Service or Website;
         
      3. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Service is hosted;
         
      4. not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
         
      5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the Website except as is strictly necessary to use either of them for normal operation.
         

4. Confidentiality and Privacy

1. Confidentiality: Unless the relevant party has the prior written consent of the other or unless required to do so by law:
   
   1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
      
   2. Each party's obligations under this clause will survive termination of these Terms.
      
   3. The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
      1. is or becomes public knowledge other than by a breach of this clause.
         
      2. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.
         
      3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
         
      4. is independently developed without access to the Confidential Information.
         
2. Privacy: Striive maintains a Privacy Policy that sets out the parties’ obligations in respect of personal information. You should read the Privacy Policy and You will be taken to have accepted that policy when You accept these Terms

5. Intellectual Property

1. General: Title to, and all Intellectual Property Rights in the Service, the Website and any documentation relating to the Service remain the property of Striive (or its licensors).
   
2. Ownership of Data: Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Striive Access Fee when due. You grant Striive a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Service and for any other purpose related to provision of services to You.
   
3. Backup of Data: You must maintain copies of all Data inputted into the Service. Striive adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Striive expressly excludes liability for any loss of Data no matter how caused.
   

6. Warranties and Acknowledgements

1. Authority: You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
   
2. Acknowledgement: You acknowledge that:
   
   1. You are authorised to use the Service and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Service (whether that information and Data is Your own or that of anyone else)
      
   2. Striive has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Service or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
      
      1. You are responsible for ensuring that You have the right to do so.
         
      2. You are responsible for authorising any person who is given access to information or Data, and you agree that Striive has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; an.
         
      3. You will indemnify Striive against any claims or loss relating to;
         
         1. Striive's refusal to provide any person access to Your information or Data in accordance with these Terms.
            
         2. Striive's making available information or Data to any person with Your authorisation.
            
   3. The provision of, access to, and use of, the Service is on an "as is" basis and at Your own risk.
   4. Striive does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. Striive is not in any way responsible for any such interference or prevention of Your access or use of the Service.
      
   5. Striive is not your business or financial adviser and use of the Service does not constitute the receipt of advice with respect to the running of your business. If You have any business questions, please contact a qualified third party.
      
   6. It is your sole responsibility to determine that the Service meets the needs of Your business and are suitable for the purposes for which they are used.
      

7. Limitation of Liability

1. To the maximum extent permitted by law, Striive excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
   
2. If You suffer loss or damage as a result of Striive's negligence or failure to comply with these Terms, any claim by You against Striive arising from Striive's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
   
3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 9.
   

8. Referrals

1. Striive offers a referral programme to every Subscriber, intended to act as an incentive for Subscribers to promote the Striive Service, rewarding them for their endorsement:
   
   1. Every Striive Subscriber is allocated a unique referral URL upon signing up to the Service. This URL can be shared with friends and colleagues of the Subscriber.
      
   2. If a person uses a referral link to visit the Service, and within 14 days they themselves become a Subscriber, a referral record will be created linking themselves to the referring Subscriber.
      
   3. If a person uses multiple referral links to visit the Service, the most recent will be used to track their referral.
      
2. A referred Subscriber receives a free month of a Striive paid plan:
   
   1. As a referred Subscriber viewing the 'Your subscription' screen within the Service, information is provided about how to enrol onto a paid plan. Confirmation of entitlement to a free month will be provided upon selection of a paid plan.
      
   2. Upon upgrading to a paid plan, a referred Subscriber receives a 100% discount on their first monthly payment. This is indicated as a payment of £0 within the Service and no charge will be attempted on the payment card used to complete the upgrade.
      
3. A referring Subscriber earns free months of a Striive paid plan:
   
   1. As a referring Subscriber one free month of a Striive paid plan will be earned for each referred Subscriber that makes at least one monthly plan payment. If a referred Subscriber does not complete one monthly plan payment, then the referring Subscriber will not earn a free month from the referral.
      
   2. When a referred Subscriber makes their first plan payment, a one month credit will be added to the referring Subscriber's account.
      
   3. At the end of each billing cycle, if a referring Subscriber has any available free month credits, a 100% discount will be applied to their next plan payment.
      

9. Termination

1. Free usage policy: When You sign up to access the Service You can evaluate the Service under the defined free usage conditions for a period of 30 days, with no obligation to pay during this time. If You choose to pay to continue using the Service thereafter, You will be billed on the date your trial ends.
   
2. Prepaid Subscriptions: Striive will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
   
3. No-fault termination: These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
   
4. Breach: If you:
   
   • breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
     
   • breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 30 days overdue); or
     
   • You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
     
   Striive may take any or all of the following actions, at its sole discretion:
   
   1. Terminate this Agreement and Your use of the Service;
      
   2. Suspend for any definite or indefinite period of time, Your use of the Service;
      
   3. Suspend or terminate access to all or any Data.
      
   4. Take either of the actions in sub-clauses (1), (2) and (3) of this clause 8.4 in respect of any or all other persons whom You have authorised to have access to Your information or Data.
      
   For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Organisations (as defined at clause 3) is not made in full by the relevant due date, Striive may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.
   
5. Accrued Rights: Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
   
   1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
      
   2. immediately cease to use the Service and the Website.
      
6. Expiry or termination: Clauses 3.1, 4, 5, 6, 7, 9 and 10 survive the expiry or termination of these Terms.
   

10. General

1. Entire agreement: These Terms, together with the Striive Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Striive relating to the Service and the other matters dealt with in these Terms.
   
2. Waiver: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
   
3. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
   
4. No Assignment: You may not assign or transfer any rights to any other person without Striive's prior written consent.
   
5. Severability: If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
   
6. Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Striive must be sent to support@striive.co or to any other email address notified by email to You by Striive. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
   
7. Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.