Tona is a service for preparing, recording, editing, and sharing of fitness activities via an online platform. In order to safely and responsibly manage these Services for all of our users, your use of the Services is subject to the terms and conditions defined here below. More information about the Services may be found at https://www.tona.fit.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity to these Terms and that it is fully binding. In such case, the term “you” will refer to such entity. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The Tona Services require data about you to be processed, including your location and health data. Processing of the data you share with Tona is essential to the Services which we provide and a necessary part of the performance of our Services.
You agree that no joint venture or partnership exists between you and Tona as a result of the Terms or your use of the Services. The failure of Tona to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. In the event that any dispute cannot be settled, then court or arbitration proceedings shall be held in England, UK. This agreement was written in English, and this English version controls over any translation.
Tona may transfer its rights under these Terms where it reasonably believes that your rights will not be affected. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
You may not transfer any of your rights under these Terms to any other person.
The Services are intended for persons who are 16 years old or such a higher age required in your country to use the Services. By using the Services and agreeing to these Terms, you represent and warrant that you are at least 16 years of age. If you are under the legal age to form a binding contract in your region, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To register or sign up to create an account with Tona, you agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that Tona may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or Tona has reasonable grounds to suspect that such User Data is inaccurate or not current, Tona has the right to suspend or terminate your account and refuse current or future use of the Services.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. In doing so you hereby authorise Tona to populate registration and other relevant information fields of your account, and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
Tona Services store and process personal data that you have provided to us, in order to provide the Service. It is the responsibility of the User to keep your devices and access to the Services secure. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and any mobile devices while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.
We endeavor to use reasonable security measures to protect against unauthorised access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party unauthorised “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Tona of any unauthorised use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to User Data and any other information or content you provide to Tona.
You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, or privately transmitted. You grant Tona a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.
You understand that you, and not Tona, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Tona does not proactively and routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Tona may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms, or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Tona be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you agree that this Content is is publicly available and that you are responsible for the public nature of the content.
You give Tona permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Tona service without compensation to you.
The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content.
You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
The Services function as a venue to connect Users in a virtual information place. As a neutral facilitator, Tona is not directly involved in the actual interactions between Users of the Services. As a result, Tona has no control over the truth, accuracy, quality, legality, or safety of postings made by Users of the Services. Tona shall have no responsibility to confirm or verify the identity of Users, or the qualifications, background, or abilities of Users of the Services.
If you elect to use our features to inform your contacts about the Services or share your information with others, Tona may require you to provide contact information. Tona may contact that person or company via an email, text message, or notification via a mobile application.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., wearable devices, such as heart-rate monitors). Tona shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
You understand that you are responsible for any charges associated with sending communications via your device.
You represent and warrant that: (i) you are authorised to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
The Services may provide you with the ability to send or post messages to forums or send similar messages and communications to third party service providers, advertisers, your personal contacts, other users and/or Tona. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Tona provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable).
By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, and shall satisfy any legal requirement that such communications be in writing.
In order to access certain functionality of the Services, you may be required to pay fees in the form of a one time payment, or as a continuous subscription.
To make a payment to Tona you must provide information about your payment method (e.g., credit card, online payment service, Apple Pay) (the “Payment Method”). If you provide your payment information, you authorise Tona, Tona Partners, and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information.
If you paid through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. In other circumstances, you may switch to a different Payment Method or update your information by contacting us at email@example.com.
No refunds or credits will be provided by Tona, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via firstname.lastname@example.org.
Tona Gym fees, along with any required taxes, may be paid on a monthly or annual basis, and are payable in advance. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the membership fees, and other charges you incur in connection with your Tona account, whether on a one-time or subscription basis. Tona reserves the right to increase membership fees and any associated taxes at any time upon reasonable advance notice.
Tona Gym membership fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your Tona Gym membership is downgraded or terminated. Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your membership at any time, as described below.
If you change your mind, you may be entitled to receive a full refund within 28 days, provided that you have not logged in or otherwise redeemed or started to use the Services as a User during this time.
You may cancel any Tona subscription by contacting us at email@example.com.
If you signed up through the Google Play or iTunes store, you may cancel any Tona membership by downgrading through the corresponding store. The cancellation of a membership will go into effect at the end of your current billing cycle. When your paid Tona membership ends, your account will remain and become a free membership. You can renew your subscription at any time without the need to register a new account.
Tona Gym or certain user memberships may begin with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up, and may not be combined with certain other offers.
If you start your subscription with a free trial, we will begin billing your Payment Method for monthly or annual membership fees at the end of the free trial period of your subscription unless you cancel your membership prior to the end of the free trial period. Your Payment Method may be authorised for up to approximately one month of service as soon as you register for a free trial.
Third party services made available on the Services are made and offered directly by the applicable third party, and by using these services you acknowledge that you are contracting directly with such third party and not with Tona.
You are not obligated to use or transact business with any third party that appears on the Services. You agree that Tona shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers or advertisers available through the services.
Tona or third parties may provide links to other internet sites or resources through the Services. Tona does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources.
You acknowledge and agree that the Services, any necessary software used in connection with the Services, any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
The term ‘Tona’ and the Tona logo are the exclusive trademarks of, and are owned by, Tona Ltd., and you may not use or display such trademarks in any manner without the written permission of Tona. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.
The Information, Software, Products, Services and Content available through the Services are provided to you “as is” and without warranty.
Tona and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Tona and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) the Service will meet your requirements; (b) your Content will be available or the Service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; (d) the quality of any Products, Services, Information or other material purchased or obtained by you through the Service will meet your expectations; and (e) any errors in the Services will be corrected.
You expressly agree that Tona is not providing medical advice via the Services.
You are responsible for ensuring that you are of an appropriate fitness level to use the Services. The purpose of the Services is to provide motivation to exercise and you should use common sense in determining if you are in a suitable physical condition to exercise. If you are in any doubt, consult your doctor. The condition or suitability of any equipment used to exercise is not the responsibility of Tona.
The content provided through the Services, whether provided by us or by other account holders or third parties is not intended to be and should not be used in place of (a) the advice of your doctor or other medical professionals, (b) a visit, call or consultation with your doctor or other medical professionals, or (c) information contained on or in any product packaging or label. Should you have any health related questions, please call or see your doctor or other healthcare provider as soon as possible. You should never disregard medical advice or delay in seeking medical advice because of any content presented on the Services.
Should you have an emergency, call your doctor or the emergency services immediately. For immediate emergency assistance in the United Kingdom, dial 999.
You expressly agree that your workout activities or those provided by Tona carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Tona or by the action, inaction or negligence of others.
You expressly agree that Tona does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, challenge, or group activity that utilises the Services.
You expressly agree to release Tona, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “Released Parties”) from any and all liability in connection with your athletic activities and/or use of the Tona websites, mobile applications, Content, Services or Products (including, without limitation, any Tona Workout plan), and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with such use. You also agree that in no event shall the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the Services, (b) your use or misuse of equipment or programs created or licensed by Tona (including, without limitation, any Tona workout plan) while engaged in athletic activities, (c) your dealings with third-party service providers or advertisers available through the services, (d) any delay or inability to use the Services experienced by you, or (e) any Information, Software, Products, Services or Content obtained through the services, whether based on contract, tort, strict liability or otherwise, even if Tona has been advised of the possibility of damages.
In the event that certain jurisdictions do not allow some or all of the exclusions or limitations of liability above, such as exclusions for consequential or incidental damages, some of the above limitations or exclusions may not apply to you. In entering into this release, you acknowledge that you have read and understand and hereby expressly waive the benefits of any similar law of any country, state, or territory.
Tona does not endorse your Content or any other User’s Content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content on the Services.
Tona Ltd’s maximum aggregate liability to you pursuant to these terms shall not exceed the greater of either (a) fifty pounds (£50) or (b) the amount of fees paid by you to Tona in the 12-months prior to date the claim.
You agree to indemnify and hold Tona and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your workout activities which generate the Content you post or seek to post on the Services your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity.
Any hardware provided to you by Tona remains property of Tona, but is your responsibility during any time it is in your possession, including the form, fit and function of the device. Tona takes no responsibility for the safe use of any such device.
You agree that Tona may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) prevention of further use of the Services.
You agree that all terminations for cause shall be made in Tona’s sole discretion and that Tona shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: User Content submitted to the Services, Proprietary Rights, any feedback provided, and Disclaimer of Warranties and Liability.
To raise any questions regarding the Services and these Terms, please contact us at firstname.lastname@example.org.
© 2019 Tona Ltd