TERMS OF USE

Thank you for agreeing to use Strive Tech’s (“Strive Tech”, “Strive”, “us”, “we”, or “our”) Applications (the “Apps”). You are eligible to use the Apps because you have been invited by your team/employer/organization (“Organization”), are an authorized representative of an Organization (who is a current or potential customer, client, partner, or affiliate of Strive Tech), have been provided and/or purchased Strive Tech’s system and related products (collectively the “System”), or have otherwise been given access to the Apps by Strive Tech. These Terms of Use (“Terms”) are our mutual agreement with you. By using the Apps you understand and agree to abide by each and every term set forth below.

Subscription. Your Organization has paid a subscription fee for its employees to use the Apps or is a potential customer, client, partner, or affiliate of Strive Tech and has been permissioned to utilize the Apps by Strive Tech. The Apps collect data from Strive Tech’s System, analyzes the data, and report information back to you and the Organization (the “Service” or “Services”). Your use of the Apps is conditioned on your complying with these Terms and your Organization complying with its agreement with us.

Personally Identifiable Information. To use the Apps you will need to give us your name, email address, birth date, and/or your phone number. This is the only personally identifying information (“PII“) that we will collect from you to use the Apps. Please refer to our Privacy Policy (https://strive.tech/privacy-policy) for more details about how we use and protect PII.

Ownership and use of Collected Data. As a member of an Organization or otherwise a user of the Apps, you hereby grant to Strive permission to collect motion and biometric data (“Data“) from the System and collect answers to your survey questions for purposes of providing analysis and feedback to you and/or your Organization.
If you are using the Apps by invitation from your Organization, all collected data (motion, biometric, and survey answers) will be considered data that is owned by the Organization or by whomever is stipulated by the governing body of your Organization. The Organization has agreed to keep your data confidential unless you grant permission for them to disclose it. Please consult with a representative from your Organization for further details. You agree that your Organization may use collected data in an effort to assist you in improving your performance. Strive Tech will keep all data confidential. When your Organization stops using the Service, Strive Tech will give them a final copy of all collected data upon request.
Anonymized data is any PII and any information that does not connect collected data to an individual. You agree that we may use the anonymized data for any lawful purpose, including but not limited to commercialization. To the extent you have any ownership interest in anonymized data, you hereby grant to Strive a perpetual, royalty-free license to use the anonymized data for any lawful purpose.

Personal Contact Information. When you create an account on the Apps, you will be given the opportunity to allow Strive Tech to retain your name in order to contact you in the future regarding additional services. You will have the ability at any time to opt out of any such communications through unsubscribe features/instructions provided in our communications.

Not Medical Advice. Strive Tech does not provide medical or other advice. The Apps are not intended to diagnose, cure, mitigate, treat, or prevent any condition, or to be a substitute for professional medical care. Data reporting and analysis derived from the Apps are intended for informational and educational purposes only, to support performance analysis, and general health and wellness.

Your Responsibility. You agree to follow Strive Tech’s usage and care guidelines provided in our packaging, available on our website, or provided by Strive Tech customer service with respect to the System, and to answer survey questions honestly. You agree not to use profane or abusive language in your survey responses.

No Warranty. You understand and agree that the Services are provided by Strive Tech on an “AS IS” and on an “AS AVAILABLE” basis. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STRIVE TECH DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON INFRINGMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. In the event that an applicable jurisdiction does not allow the exclusions of express or implied warranties in certain circumstances, any express or implied warranties shall be limited in applicability and duration only to the minimum extent required by applicable law.

Limitation of Liability. EXCEPT AS SET FORTH HEREIN, STRIVE TECH SHALL NOT BE LIABLE FOR ANY LIABILITY ARISING FROM NEGLIGENT ACTIONS OR INACTIONS ARISING FROM OR RELATED TO ANY LOSS DUE TO PERSONAL INJURY, PROPERTY DAMAGE, ANY LOSS OF PROFITS, SAVINGS, OR GOODWILL, LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS, COST, EXPENSE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) THAT RESULT FROM YOUR USE OF THE APPS AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO USE THE APPS FOR ANY REASON (E.G., UNAUTHORIZED USE OR ACCESS OF YOUR ACCOUNT, ANY INTERRUPTION OF SERVICE, COMPUTER VIRUS), FOR USE OF THE APPS, EVEN IF STRIVE OR AN AUTHORIZED REPRESENTATIVE OF STRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

Notwithstanding the above limitation of liability for negligent actions or inactions, You agree that Strive shall have a maximum liability to you that is proportionate to your share (based on the number of players on your Organization if you have been invited by an Organization) of the amount of subscription fees that you or your Organization has paid to Strive Tech if any.

Indemnity. You agree to indemnify and hold Strive and its subsidiaries, affiliates, officers, directors, agents, employees, as well as their successors and assigns, harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorneys’ fees, made by any third party due to or arising from or in connection with your use of the Apps and/or Services, or your breach of this agreement, including the foregoing representations, warranties, and covenants, or any term of any document it incorporates by reference, or your violation of any law, any contract or the rights of a third party, including without limitation, attorneys fees, and costs.

Governing Law; Disputes. These Terms of Use are governed by Washington law without regard to the conflicts of laws and rules thereof. You and we agree that the proper venue for any legal proceeding is in the state or federal courts located in King County, Washington, and both parties submit to jurisdiction there. In any legal proceeding, the non-prevailing party will pay the prevailing party’s costs and expenses, including but not limited to, reasonable attorney fees.

Modification. Strive Tech reserves the right, at its sole discretion, to modify or terminate Apps or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will notify you through the Apps, via electronic communication, or via our website (www.strive.tech). By continuing to access or use the Apps after we have notified you of an amendment, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you must cease accessing and using the Apps.

General. Strive Tech’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You may not assign, delegate or transfer these Terms or any of your rights or obligations hereunder without our prior written consent, and any attempt to do so will be void. We may assign this agreement without your consent. These Terms (together with our Privacy Policy) constitute the entire agreement between you and us regarding the Services, and they supersede and replace any prior agreements and understandings between you and us regarding the Services.

Contacting Us. If you have any questions about these Terms of Use, you may contact us using the information below.

Strive Tech, Inc.
24000 35th AVE SE, Suite #102
Bothell, WA 98021
support@strive.tech
+1 (425) 286-8874