If you are a user having your usual residence in the United States, the Terms of Service here (https://sweatco.in/tnc-us) shall apply.
• our website http://sweatco.in/. (the “Site”) and
• our mobile app called sweatcoin (the “App”),
and the contents and services available through them, as updated or added to from time to time.
In these Terms, we refer to our Site and the App collectively as the “Service”. The Service is owned and operated by SweatCo Ltd (trading as Sweatcoin), a company incorporated in England & Wales (registration number 09242159) whose registered office is at c/o OHS Secretaries Limited, 9th Floor, 107 Cheapside, London, EC2V 6DN, UK (“Sweatco”, “we”, “our”, and “us”).
Please read these Terms carefully before you start to use the Service, as they set out the legal agreement between Sweatco and you for your use of the Service. By downloading, installing, using or accessing the Service, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Service.
These Terms set out important information regarding your rights and obligations in connection with theService. In particular, we draw your attention to:
• the possible deduction of Sweatcoins from your Sweatcoin Account by way of Sweatcoin charges (Section 9 below); and
• the sections that describe the limits on our liability to you contained in Sections 17, 19 and 21below.
If you have downloaded Sweatcoin as part of a prevention programme though our healthcare partners, such as XYLA, you are subject to the following:
• By accepting these terms and conditions, you consent to Sweatco sharing your personal information, including your name and email address, with the healthcare provider from which you originated.
• If you do not agree to these Terms you must discontinue the use of the App immediately.
2. YOUR PRIVACY
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. ADDITIONAL TERMS FOR SPECIFIC SERVICES
4. YOUR RIGHT TO USE THE SERVICE
SweatCo grants you the right to do the following provided you follow all of the rules in these Terms:
i. download, install and use the App, and any updates to it provided by SweatCo from time to time, for your personal use only on a compatible mobile device owned or controlled by you; and
ii. access and browse the Site for your personal use only,
The Licences are for your personal and domestic use only. You must not use the Service for commercial, business or resale purposes.
5. TERMINATION OF YOUR RIGHT TO USE THE SERVICE
SweatCo may end the Licences at any time and for any reason (or no reason) by giving you at least fourteen (14) days’ notice that the Licences have ended.
We may also end the Licences immediately if you break any provision of these Terms by ending your Sweatcoin Account without notice to you.
Where any of the Licences are terminated, you must immediately cease using and accessing the Service and delete any copies of the App held by you.
6. SWEATCOIN ACCOUNT
In order to use the App and earn Sweatcoins, you must create a Sweatcoin Account. You are responsible for all uses of your Sweatcoin Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your Sweatcoin Account and that the details of your password are kept confidential and secure at all times.
You must not select as your username a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You must not transfer your Sweatcoin Account to anyone else without our prior written permission.
Access to your Sweatcoin Account can become restricted or even impossible if you lose control over the mobile number to which your Sweatcoin Account is registered.
Your Sweatcoin Account logs details of all Sweatcoins generated by you and any transfers of Sweatcoins to or from your Sweatcoin Account. Please review your Sweatcoin Account regularly. If you identify any erroneous transaction or unexpected activity on your Sweatcoin Account, or you believe that the security of your Sweatcoin Account has been compromised, you must let us know as soon as possible.
Different membership levels may apply to the Sweatcoin Accounts of different users and, depending on the membership level you hold, your entitlement to access functionality of the App or generate Sweatcoins may vary.
When using the App on your mobile device, Sweatcoin will operate in the background of your mobile device, which in turn may have an impact to the battery life of such device.
The App stops generating Sweatcoins on your mobile device if you do not open the App for 30 days. Generation of Sweatcoins restarts once you next open the App.
The App allows you to send your Sweatcoins to other users of the App. Please ensure that you have verified the identity of the recipient of the relevant Sweatcoins before sending them.
7. EARNING SWEATCOINS
“Sweatcoins” are units of exchange that users of the App may generate through verified physical movement (e.g. steps) only. Sweatcoins may be used to get certain benefits that are offered via the App. Sweatcoins cannot be redeemed for cash from SweatCo or any of its affiliates, unless we expressly agree otherwise with you in writing.
We reserve the right to destroy Sweatcoins that we have reason to believe have not been created by verified physical movement and to suspend or disable any Sweatcoin Account used in such a way.
We reserve the right to destroy or redistribute Sweatcoins that we have reason to believe have been obtained through fraud, for instance by defrauding another Sweatcoin user, and to suspend or disable any SweatcoinAccount used in such a way.
We reserve the right and retain the absolute discretion to determine and alter, from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate Sweatcoins using the App (for example, we may alter the number of verified steps required to generate a Sweatcoin).
Details of current eligibility criteria and the volumes of verified movement required to generate Sweatcoins are provided within the FAQ section of the App. Movement verification conducted by the App is considered final and cannot be revised or reversed.
We may cap the maximum amount of Sweatcoins that users of the App may generate each day using the App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may increase or decrease such caps from time to time.
8. SWEATCOIN MARKETPLACE
We are able to offer codes (“Sale Codes”) that can be used to obtain benefits from third-parties (this may include, but is not limited to discounts that can be used with retailers, websites or other services)(“Third-Party Benefits”).You may purchase these Sale Codes with Sweatcoins on a “Sweatcoin Marketplace”. Although the Sale Codes may allow you to obtain Third-Party Benefits, you are contracting directly with us when you spend your Sweatcoins on the Sweatcoin Marketplace to purchase Sale Codes.
You agree that SweatCo has no responsibility for any Third-Party Benefits. You are contracting directly with the relevant third party when you redeem or use your Sale Codes to acquire Third-Party Benefits and any redemption or use happens on third party website or apps that are not controlled by us. You agree that we have no control over and do not guarantee the quality, safety or legality of any Third-Party Benefits, the truth or accuracy of their offers, or the ability of third-parties to provide any goods, services or other benefits offered. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of the third-parties who’s Third-Party Benefits are promoted via the SweatcoinMarketplace. Our operation of the Sweatcoin Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any third-party.
Any redemption or use of the Sale Codes are subject to any terms that are stated as part of the Sales Codes).
SweatCo is entitled to alter the selection of Sale Codes on offer, and the number of Sweatcoins required to redeem any such Sale Codes offered on the Sweatcoin Marketplace, as well as to limit the number of possible redemptions of any Sale Codes by any user or group of users in its absolute discretion. .
We welcome feedback on the Sale Codes.
9. PRIZE DRAWS
From time to time, SweatCo may offer you the chance to enter into prize draws sponsored by one of our third-party partners. The name of the third-party partner will be identified when you enter the prize draw and any specific terms relating to the prize draw. Each prize draw will be subject to our general prize draw terms.
10. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Service (including in the App and the Site) throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service other than the right to use them in accordance with these Terms.
“Sweatcoin” is the trading name of SweatCo and we hold registered and unregistered trade mark rights in respect of this name.
11. USER CONTENT
You are solely responsible for any data, text, images, graphics and other content that you submit, post or display on or via the Service ("Your Content").
We do not claim ownership of any User Content. However, you grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable, perpetual licence to use, aggregate, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate and otherwise fully exploit Your Content for any purpose relating to the Service and our business, at any time.
You agree that we are not responsible for, and do not endorse, Your Content or any data, text, images, graphicsand other content that may be submitted, posted or displayed on or via the Service by another user (“Other User Content”) and that we do not have any obligation to monitor, edit, or remove Your Content or any Other UserContent. However, we reserve the right, without obligation, to monitor, moderate, edit or remove any such content.
In general, we will only review Your Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, as a result of an appeal to an account suspension, or as a result of a technical problem with the Service. You agree that we may access and use Your Content for this purpose.
You will make sure that Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that Your Content must not:
(i) infringe any third party's copyrights or other rights (e.g., trade mark, privacy rights, etc.);
(ii) contain sexually explicit content or pornography;
(iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group;
(iv) exploit minors;
(v) depict unlawful acts or extreme violence;
(vi) depict animal cruelty or extreme violence towards animals;
(vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
(viii) break any law, rule or regulation.
We welcome any feedback or suggestions for improvements relating to the Service and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates will have the right to use such Feedback for such purposes as we see fit from time to time, including to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion. We will not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use it.
13. SWEAT TOKENS
A Sweat Token is a cryptographic token issued by The Sweat Foundation Ltd. You can find more information about The Sweat Foundation Ltd and SWEAT Tokens (including how they can be exchanged, spent or redeemed) here
Sweatcoins are not the same as Sweat Tokens, but you can exchange the Sweatcoins you hold in your Sweatcoin Account for Sweat Tokens.
To exchange your Sweatcoins for Sweat Tokens you will first need to download the Sweat Token app here, anduse it to create a Sweat Token account and open a Sweat Token wallet.
You can then exchange your Sweatcoins for Sweat Tokens at the exchange rates published through App or Site from time to time.
)) and the terms and conditions of the Near Protocol, which can be found at Near.org.
Sweat Tokens cannot be used on the Sweatcoin Marketplace.
14. ACCEPTABLE USE
You agree that you shall not:
a) seek to generate Sweatcoins by any means other than your genuine physical movement meeting the eligibility criteria specified by SweatCo from time to time and, in particular, you shall not (i) simulate any movement using artificial and/or mechanical means, (ii) enlist third parties to generate Sweatcoins on your behalf (however, you may receive transfers of Sweatcoins validly generated by other usersusing the functionality available within the App);
b) copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the App or Site or any content accessible on either, save as otherwise expressly permitted by these Terms or applicable law;
c) operate more than one Sweatcoin Account;
d) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service;
e) reproduce, frame, display or mirror the Service other than as a necessary consequence of their normal operation by you;
f) infringe our intellectual property rights or those of any third party in relation to your use of the Service;
g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Service;
h) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
i) use the Service in any way that breaches any law or regulation, including any applicable export control laws, privacy laws or any other purpose not reasonably intended by SweatCo;
j) employ any technology that interferes in any way with the proper operation of the Service, including by blocking any advertising or promotions displayed thereon; or
k) collect or harvest any information or data from the Services for any commercial purpose, save as otherwise agreed in writing by us.
If we discover any breach of this Section 14 by you, we may immediately suspend or terminate your access to the App and remove and delete any offending content from the Service.
15. CHANGES AND UPDATES TO THE SERVICE
SweatCo reserves the right at any time in its absolute discretion to alter the functionality or contents of the Service with or without notice to you.
We may issue updates to the App from time to time. Depending upon the nature of the update, you may not be able to continue to use the App until you have downloaded the latest version of the App.
16. CONTACTING US
If you would like to contact us, including with any feedback, questions, complaints or claims about the Service, please contact us via our iPhone or Android application -> Profile -> Settings -> Help -> Contact us ->
17. AVAILABILITY OF THE SERVICE
The Service is provided “as is” and “as available” with all faults. We do not guarantee that the Service, or any part of it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. You agree that your use of the Service is at your own risk. We will not be liable to you if the Service (or any part of it) is unavailable at any time or for any period.
18. THIRD PARTY SERVICES
SweatCo may include in the Sweatcoin Services links to other sites or applications that are owned or operated by third parties (“Third Party Services”). You also agree that SweatCo has no control over the content of Third Party Services and does not have any responsibility for any material available on such Third Party Services nor for any use of or reliance on the contents of such Third Party Services by you. The fact that we may link to a Third Party Service does not mean that we endorse it or the products or services on it. In particular, where the Third Party Service relates to your health, you should always take appropriate medical advice before using it.
19. LIMITATIONS OF THE SERVICE; NO MEDICAL ADVICE
The Service is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
The Service does not contain or constitute, and should not be interpreted as, any form of medical advice or opinion, diagnosis or treatment, and should never be used as a substitute for medical or emergency care. Your use of the Service does not create a doctor-patient relationship between you and Sweatco.
If you have a medical or mental health emergency, or are taking actions that may cause harm to you or to others, you should seek emergency treatment at the nearest emergency room or call an emergency help line.
We are not licensed medical professionals, and we are not in the business of providing medical advice or in the practice of medicine. You should always consult a qualified medical professional prior to beginning or modifying any diet or exercise program, and only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs.
We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Site and App and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.
From time to time we may make available additional terms or guidance in relation to the usage of the Service and, where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Service.
21. OUR LIABILITY TO YOU
The Service has not been developed to meet your individual requirements, and therefore it is your responsibility to ensure that the facilities and functions of the Service meet your requirements.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to the maximum aggregate limit specified in the following paragraph.
Our maximum aggregate liability to you in respect of the Service (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall in no circumstances exceed the sum of twenty pounds (GBP 20).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Sweatcoin Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password.
Reliance on any information provided by SweatCo or in connection with the Sweatcoin Service is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Service.
We are not responsible for events outside our control. If our provision of the Service or support for the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.
22. APP STORE REQUIREMENTS
You acknowledge and agree that the availability of our App is dependent on the third party stores from which you download the application, including Apple Inc.’s (“Apple”) App Store (the “Apple App Store”) and Google LLC’s (“Google”) App Store (“Google Play”).
Through our App, you may purchase (“In-App Purchase
”) certain goods or features designed to enhance the performance of the Service. When you make an In-App Purchase, you are doing so through the Apple iTunes service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html
. SweatCo is not a party to any In-App Purchase.
We may transfer our rights and obligations under these Terms to a third party. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You are not entitled to transfer your rights or your obligations under these Terms without our prior written consent.
Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Terms and our agreement are governed by English law. You can bring legal proceedings in respect of the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
App Store Terms
3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sweatcoin App. We do not offer maintenance or support services in connection with the Sweatcoin App.
5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Sweatcoin App or your possession and/or use of the Sweatcoin App, including, but not limited to: (i) product liability claims; (ii) any claim that the Sweatcoin App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the Sweatcoin App or your possession or use of the Sweatcoin App infringes that third party’s intellectual property rights, SweatCo and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must comply with any third party terms that are applicable to the use of the Sweatcoin App from time to time.
10. Sweatcoin offers optional in-app purchases in the form of auto-renewing subscriptions. The subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your App Store account settings after purchase.