Terms of Service
1. Agreement to Terms
Fitpledge Inc. (“Fitpledge”, “us” or “we”) owns and operates the websitehttp://www.fitpledge.com(the “Site”). The Site, together with all content, forums, information sharing, user-generated content (“User Content”), tools, transactions and other services available at the Site, are collectively referred to as Services.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice, provided that Fitpledge will post the updated Terms on this page and will indicate at the top of this page the date these Terms were last revised.
2. Eligibility to user Services
Use of the Site is void where prohibited. Fitpledge Services are intended solely for Users who are eighteen (18) years of age or older. Any use of Site by anyone under 18 is unauthorized and in violation of these Terms. By using the Site, YOU REPRESENT AND WARRANT THAT YOU ARE NOT UNDER AGE 18 and that you agree to abide by all of the Terms listed.
Companies and individuals are both considered Users of the Services. If you sign up to use the Services as a representative of a company, you warrant that you have the right and authority to represent such company. Fitpledge will not verify that company representatives are authorized.
3. Fitpledge services
The Fitpledge Services provide Users with the ability to specify personal wellness goals and create and/or request financial incentives linked to their success or failure of those goals. When a User creates a personal goal (called a “Pledge” or “Pledges”), the User must risk some dollar amount (“Pledged Funds”). The User will not be required to pay out the Pledged Funds if the User reports successful completion of his or her Pledge. IN THIS CASE THE USER WILL PAY NOTHING TO USE THE SERVICES. The User will be charged the full amount of Pledged Funds if he or she reports unsuccessful completion of his or her Pledge. These Pledged Funds are then used to pay Fitpledge a fee to cover payment processing and other expenses and to pay the balance of the Pledged Funds to a previously specified recipient (called a “Beneficiary”) who is also a User. The exact fee collected by Fitpledge is detailed under “FITPLEDGE FEES”.
Additionally, the Services enable Users to sponsor any other Users with a potential financial reward (“Sponsored Funds”). Users sponsoring others are referred to as “Sponsors” or a “Sponsor”. These Sponsors could be individuals or companies and may often be employers using Fitpledge as some portion of the employers’ wellness programs. Users being sponsored are referred to as “Sponsored User” and likewise could be either individual Users, unaffiliated with any company participating with Fitpledge, or Users being sponsored by participating employers or other company Sponsors. Sponsors will pay Fitpledge per User they support. They will be charged once they accept to sponsor a user-generated Pledge or when they push a Challenge (defined below) to one or more Users AND the challenge(s) is/are accepted.
SPONSORS WILL BE CHARGED A FEE FOR SPONSORING PLEDGES WHETHER OR NOT THE USERS CREATING THE PLEDGES ARE SUCCESSFUL IN COMPLETING THE PLEDGES.
A “Challenge” is similar to a Pledge in that a wellness category and specific wellness activity goal is selected. Different from a Pledge, Sponsors, not Users select the wellness goals specified for challenges. Once a goal is specified, the Sponsor must provide some dollar amount as an incentive to those Users who accept the Challenge. Invited Users can accept challenges sent to them and they will be required to report on their progress regarding challenges. (For example, if a company User creates a Challenge and invites 50 Users to participate in the Challenge, but only 40 Users accept to participate in the Challenge, the company User will be charged the per-challenge fee for each of the 40 Users.)
SPONSORS WILL BE CHARGED A FEE FOR SPONSORING ACCEPTED CHALLENGES WHETHER OR NOT THE USERS ARE SUCCESSFUL IN COMPLETING THE CHALLENGES.
The successful completion of a Pledge or Challenge or the failure to complete a Pledge or Challenge will be determined by the participating Users’ personal reports. No other verification will be used.
FAILING TO REPORT BY THE REPORTING DEADLINE(S) WILL DEFAULT TO A REPORT OF UNSUCCESSFUL. This applies to both Pledges and Challenges.
4. Fitpledge Fees
Fitpledge charges fees for passing Pledged Funds from Users to Beneficiaries and for sponsoring other Users. The fees breakout as follows.
4.1 FEE FOR PASSING PLEDGED FUNDS FROM USERS TO BENEFICIARIES
When Users are unsuccessful in completing their Pledges, their Pledged Funds are charged by Fitpledge in full. Fitpledge will retain 10% of the Pledged Funds and disburse the remaining 90% of the Pledged Funds to the Users’ predetermined Beneficiaries. (For example, if a User established a Pledge and put down $100 of Pledged Funds, then the User reported that he or she was unsuccessful, Fitpledge would charge the User’s credit card $100. Fitpledge would retain $10 and Fitpledge would disburse $90 to the Beneficiary that User initially selected when creating his or her Pledge.
4.2 FEE FOR SPONSORING
When Users (individuals or companies) accept to be a Sponsor for a Pledge, they will be charged a sponsoring fee of $5 per Pledge. The fee will be charged at the time of sponsoring not when the Pledge is complete. Also, the fee will be charged regardless of the outcome of the Pledge.
When Sponsors (individuals or companies) push out a Challenge to one or more Users, they will not immediately be charged a fee. When Challenges are accepted by the Users, a fee of $5 will be charged to the Sponsor for each accepted Challenge. Similarly, the fee will be charged regardless of the outcome of the Challenge.
A valid credit card is required to complete a Pledge and commit Pledged Funds. When a Pledge is unsuccessful, Fitpledge will charge the credit card assigned to the particular Pledge and transfer funds from a User to a Beneficiary. Once Fitpledge collects payment via credit card, Fitpledge will disperse funds to the selected Beneficiary via Paypal. This means that in order to receive funds, a Beneficiary must have an existing, or open a new, Paypal account assigned to the same email address used to assign the Beneficiary on the Site.
Sponsors will be charged up front, by credit card, for the fee to sponsor any Pledges or Challenges. When a Sponsored User reports success for his or her Pledge or Challenge, Fitpledge will charge the credit card assigned to the specific Pledge or Challenge, and disperse these funds via Paypal to the recipient or Sponsored User.
6. Account Data and Security
If you want to access and use the Services, you’ll need to register as a User, establishing an “Account”. You can do this via the Site. You agree to provide Fitpledge (or its service providers, like payment processors) accurate, current, and complete information about yourself, or the company you represent, as may be prompted by any Account creation forms on the Site. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You are fully responsible for all use of your Account and any actions that take place using your Account, whether or not you know about them.
Fitpledge Users will not be required to specify a valid credit card (also “Payment Method”) at the time of registering an Account. Payment Method requests will be generated at the time a User creates a Pledge or becomes a Sponsor. In order to receive another User’s pledged funds (act as a “Beneficiary”), or to receive Sponsored Funds, Users must, in all cases, use email addresses linked to verified PayPal accounts through which funds will be paid.
7. Emailing Third Parties
As part of its Services, Fitpledge must email third parties in order to pass along Users’ requests for Beneficiaries, Sponsors, or other support. Similarly these parties may be contacted via email to share the status and/or outcome of Users’ Pledges and Challenges and also to initiate payment distributions. You authorize Fitpledge to email these parties that you specify.
8. User Content
Concerning User Content, you agree not to upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, photographs, videos, sound recordings, data or other information), or take any other action, using any Account setup process, communications service, discussion forum, user list, survey or other feedback, or other service related to content available on or through the Site that, in any manner:
Fitpledge does not undertake to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, Fitpledge and its agents have the right, at their sole discretion, to remove at any time any content that, in Fitpledge’s sole judgment, does not comply with the Terms of Service or otherwise appears illegal, harmful, objectionable or inaccurate. Fitpledge is not responsible for any failure or delay in removing any such content.
User shall not post to the Site any confidential content or other information that he or she desires or is obligated to keep secret.
Fitpledge has no obligation to monitor the Service or any User's use thereof. However, Fitpledge reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including without limitation, any inquiry from law enforcement).
9. Proprietary Rights and Licence to Fitpledge
You acknowledge and agree that all content on the Site and other materials created by or for Fitpledge and made available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Fitpledge shall own and retain all rights, title and interests (including without limitation, all intellectual property and proprietary rights) therein and thereto.
By uploading, posting, submitting or otherwise distributing content of any kind to the Site, User hereby:
IMPORTANT: User agrees not to contribute any User Content unless User has all of the rights (including rights from the copyright owner) necessary to grant Fitpledge the use license, and to satisfy all of the warranty requirements, described above.
10. Health and Fitness Terms
Fitpledge is not a medical organization. Fitpledge does not provide any medical advice or healthcare services of any kind and has no knowledge of Users’ medical conditions, wellness, or fitness. Accordingly, as a User, you agree to always seek the advice of your qualified healthcare providers related to your creation of Pledges or your acceptance of Challenges. Users are expressly prohibited from creating Pledges or accepting Challenges if doing so would go against medical advice or if doing so may pose any health risk.
Fitpledge Services are offered as a simple motivation tool and may not be appropriate for all persons.
11. Term and Termination
These Terms will remain in full force and effect while you use the Site. Fitpledge may terminate your Account (as defined below) and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes you are under 18. You may terminate your Account at any time for any reason provided that if you have created an active pledge or if you are sponsoring an active pledge you will continue to be bound by the Terms of that pledge until the pledge has expired.
12. Limitation of Liability
User agrees that Fitpledge shall not be responsible or liable for: any unauthorized access to, delay, alteration or use of User's account, transmissions or data, any material or data sent or received or not sent or received; or any injury, loss or damage related to your participation in any Fitpledge Services. User agrees that Fitpledge is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any other User or third party or any infringement of another's rights, including intellectual property rights.
IN NO EVENT SHALL FITPLEDGE BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SITE OR OTHER ASPECTS OF ITS SERVICES (INCLUDING WITHOUT LIMITATION, PLEDGES, CHALLENGES AND OTHER SPONSORSHIPS), REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) DELAY, LOSS OR INACCURACY OF DATA, DELAY, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO FITPLEDGE BY USER DURING THE PRIOR 3-MONTH PERIOD OR US $100.00, WHICHEVER IS GREATER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. International Use
Fitpledge makes no representation that the Services are accessible, appropriate or legally available for us in locations outside the United States, and accessing and using the Services is prohibited from territories where doing so would be illegal. Users that access the Services from other locations do so at their own initiative and are responsible for compliance with local laws.
If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
15. Dispute Resolution Methods
User and Fitpledge agree that all disputes, controversies or differences (hereafter “Dispute(s)”) that are not able to be remedied first between User and Fitpledge will next be submitted to non-binding mediation. If the Dispute is not resolved through such mediation, then the Dispute shall be submitted for binding arbitration in Utah according to the arbitration rules of the American Arbitration Association. User understands and agrees that Disputes shall be arbitrated on an individual basis and that there shall be no right or authority for any Dispute to be arbitrated on a class action basis or in any other representative capacity on the behalf of other persons similarly situated.
Costs of arbitration shall be borne equally by both parties and upon resolution by the arbitrator, the losing party shall reimburse the prevailing party for all costs borne by the prevailing party.
16. Governing Law
These Terms shall be governed by the laws of the State of Utah.
Last Updated: October 27, 2016