This Terms of Use (the “TOU”) is entered into between you (“you” or “your”) and Bonac Innovation Corp. (“Pedestal”, “we” or “our”) and applies to Pedestal services, including but not limited to the Pedestal website, currently pedestal.fit (the “Website”), Pedestal mobile applications (the “App”) and any other product or service to which we choose to apply this TOU (collectively, the “Service”).
Pedestal reserves the right to modify the TOU at any time (each, an “Update”) and shall make each Update available on the Website. You are deemed to accept any Update by continuing to use the Service. Unless Pedestal states otherwise, an Update is automatically effective 30 days after posting on the Website.
2.1 Age of Access. You must be at least the minimum age required for providing online consent in your jurisdiction or 13 years old (“Minimum Age”) in order to use the Service, whichever is older. If you already accessed the Service and have yet to reach the Minimum Age, you must immediately cease use of the Service.
2.2 Accounts and Login Information. Access to the Service may require registering an account with Pedestal (an “Account”) and may require the collection and/or creation of a unique identifier either through Pedestal or a third-party (each a “Unique Identifier”). In order to access an Account, you may be required to obtain a user ID (“Login Information”). You are prohibited from sharing Login Information. Pedestal strongly recommends that you keep your Login Information confidential and you shall notify Pedestal promptly of unauthorized access or use of your Account.
2.3 Subscription Fee. Pedestal, or any third party acting on Pedestal’s behalf, is authorized and has the right to automatically charge the Subscription Fee to such Authorized Payment Method each month unless you terminate the Service as described in this TOU. The current Subscription Fee is provided in the App and may change at any time at Company’s sole discretion, but Company shall provide prior written notice of any Subscription Fee increase. The Subscription Fee is earned upon payment and is non-refundable, as permitted by applicable law.
2.4 Taxes. The Subscription Fee excludes taxes, duties and charges, which you shall pay as well. If Pedestal pays or collects taxes on your behalf, Pedestal shall invoice you for the applicable amount, which you shall pay on the same terms as the Subscription Fee.
3.1 Subscription. Pedestal grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable, subscription to access the Service and to use features associated with an Account. You acknowledge and agree that we may modify, suspend or remove features of the App, the Website, your Account or any part of the Service at any time acting in our sole and absolute discretion.
3.2 Authorized Use. When using the Service, you may not:
knowingly provide false or inaccurate information to Pedestal, including but not limited to, health and fitness information;
decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;
alter, change or circumvent security related aspects of the Service;
use any automated system (bot, spider, etc.) to access the Service;
reproduce, rearrange, modify, change, alter, translate, create derivative works from, display, perform, publish, or distribute the Service;
break, disrupt or attempt to break or disrupt any device used to support the Service or other’s experience of the Service or knowingly exploit a flaw or bug in the Service;
store or transmit material that is infringing, libelous, unlawful or in violation of any person’s rights or a group of people’s rights;
use the Service to provide information or data to a competitor of Pedestal;
harass, abuse, stalk, threaten or impersonate any person or group of people;
sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by Pedestal;
promote, encourage or undertake illegal activity; or
infringe or violate third-party rights including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information, as determined by Pedestal in our sole and absolute discretion.
3.3 Suspension and Termination. Pedestal may suspend or terminate access to the Service and/or your Account, without notice or compensation to you, at any time for any reason (or for no reason) including but not limited to technical issues or your non-compliance with the TOU. Pedestal has sole discretion to lift a suspension or reverse a termination. Your access to the Service and/or your Account, automatically terminates upon the earliest of the date: (a) you or Pedestal terminates access to your Account; (b) of your non-compliance with the TOU; or (c) send an email with the subject line “Delete Account” to support@pedestal.fit.
3.4 Privacy Policy and Privacy Law Compliance. Your use of the Service is governed by a Privacy Policy detailing how Pedestal collects, uses and discloses personal and anonymous data about you and is available at Privacy Policy. If at any time you disagree with the Privacy Policy, you must immediately stop use of the Service and contact Pedestal at the address provided below.
4.1 Ownership and Rights. Pedestal retains all right, title and interest in the Service, including but not limited to copyrights, copyrightable works, patents, patent rights, trademarks, trade names and trade secrets, in Accounts or modifications to the Service, responses to questions in the App and associated analytics and any other data provided through the Services. The TOU does not convey any right, title or interest in, or constitute the sale of any right to, the App, the Service, any related software or your Account.
4.2 User Content. You may provide Pedestal with responses, comments, recommendations, advice, ideas, submissions, forum posts, information about yourself, such as profile pictures, or information about others (“User Content”). By providing User Content, you represent and warrant that all consents, licences and rights necessary to license User Content to Pedestal are obtained and hereby grant Pedestal an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums without attribution, notice, permission, royalty or payment. Pedestal is under no obligation to review or act upon any User Content that you may provide.
5.1 Disclaimer. The service is provided to you “as is” and Pedestal and its subsidiaries, affiliates, officers, directors, employees, representatives and assigns (collectively, the “representatives”) disclaim all representations, warranties and conditions, express, implied or statutory, including without limitation merchantability, fitness for a particular purpose, non-infringement or third-party rights or compliance with laws within your jurisdiction. Without limiting the foregoing, Pedestal makes no representations that use of the service will not infringe any copyright, patent, trademark law or other rights held by a third party. Further and without limiting the foregoing, Pedestal and its representatives make no representations or warranties that the service, services performed and products provided by Pedestal or other third parties or analytics provided through the service, will comply with applicable laws within your jurisdiction, meet your requirements, not cause damage to you, your property or property of others, or that operation of the service will be uninterrupted, continuously available, error free or will not harm your computer or mobile device or result in lost data. No oral advice or written information provided by Pedestal and/or the representatives will create any warranty and you shall not rely exclusively upon such advice or information. You bear the entire risk as to the performance, operation and quality of the service.
5.2 Limitation of Liability.
Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.
5.3 Indemnity. You hereby defend and indemnify Pedestal and the Representatives against any claim, demand, suit or proceeding made or brought against Pedestal and/or the Representatives in connection with your use of the Service, including claims that Pedestal, the Service or you, (i) infringe or misappropriate a third party’s intellectual property rights, (ii) violate any applicable law prior to or while using the Service, (iii) cause bodily harm or death, or (iv) commit an act of gross negligence or intentional misconduct. Your obligation to indemnify Pedestal and the Representatives arises so long as Pedestal: (a) promptly gives written notice of the claim against Pedestal (b) gives you sole control of the defense and settlement of the claim except that you shall not enter any settlement or disposition that attributes liability or confers a financial obligation on Pedestal without Pedestal’s advance written consent, which shall not be unreasonably withheld or delayed; and (c) gives all reasonable assistance, at your expense.
6.1 Pedestal is not a medical organization and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website/App or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website/App and/or participate in the Program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website/App, the Program and/or its products or services.
6.2 You agree that neither Pedestal, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website/App, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the Website/App, the Program or its products and services, is at your sole risk.
6.3 Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of the Programs.
6.4 You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Website/App. The information on the Website/App may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.
6.5 You should first consult an appropriately qualified healthcare professional before following any exercise programs or using any of the information on the Website/App, particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.
7.1 Governing Law. The TOU and Privacy Policy are governed by the laws of the province of British Columbia and the laws of Canada, without reference to principles of conflicts of laws. The parties irrevocably attorn to the jurisdiction of the appropriate provincial and federal courts of the province of British Columbia to hear any proceedings related to the TOU or Privacy Policy.
7.2 Severability and Waiver. If any provision of the TOU or Privacy Policy is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of the TOU in full force and effect. No failure or delay by a party in exercising any right, power or remedy under the TOU constitutes a waiver.
7.3 Assignment. Pedestal may assign the TOU without your consent or notice to you. You cannot assign the TOU.
7.4 Survival. Sections 2.3, 2.4, 4, 5, 6 and 7 survive termination of the TOU.
7.5 Entire Agreement. The TOU, together with the Privacy Policy, constitute the entire agreement between you and Pedestal with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
