Introduction
This site and the mobile applications and services available in connection with this site and mobile application (the "App" or “Service(s)”) are made available to you by Indie Computing Labs, LLC. (“Indie Computing”, "us" or "we" or "our") subject to these Terms of Service ("Terms"), including those set forth in the Privacy Policy (“Terms”). By accessing, using or downloading any materials from the App, you agree to follow and be bound by the Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at Terms of Use. We and our third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this App at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this App. The App is not intended for and is not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use this App. BY CONTINUING TO USE THE APP, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or any portion thereof.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). All subscription fees are payable in advance. Subscription fees will be billed automatically to the Payment Method at the start of the annual period, as applicable, and will auto-renew until your subscription is terminated. The renewal subscription fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize us to charge your Payment Method for the appropriate subscription charges and fees and for any other purchases you elect to make via the App. We reserve the right to increase subscription fees or to institute new fees at any time. If you upgrade your subscription or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY SUBSCRIPTION PERIOD.
Free Trial
Indie Computing, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Indie Computing until the Free Trial has expired. On the last day of the Free Trial period, if it was stated, and you provided a payment option, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Indie Computing reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Cancellation
You may cancel your Subscription by visiting the subscription management options within iOS. The cancellation will go into effect at the end of your current billing cycle, and you will have the same level of access to the App through the remainder of such billing cycle. When your subscription ends, your account will enter free mode. No refunds or credits will be provided by us upon cancellation. You can renew your subscription at anytime.
Fee Changes
Indie Computing, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Indie Computing, will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Proprietary Rights
You acknowledge and agree that the App, any necessary software used in connection with the App (if any) and any Content available on the App contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, the software or Content available on the App (other than Content that you may submit), in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App. You agree not to access the App by any means other than through the interface that is provided by us for use in accessing the App.
The term Indie, Indie Computing, Tempo, Tempo - Running Log, Tempo’s logo and other Indie Computing logos and product and service names are the exclusive trademarks of, and are owned by, Indie Computing, LLC., and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the App are the property of their respective owners.
We reserve all rights not expressly granted hereunder.
Disclaimer of Warranties and Liability
The information, software, products, services and content available on the app is provided to you “as is” and without warranty. Indie Computing 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. Indie Computing and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (A) the service will meet your requirements; (B) 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 app will be corrected.
You expressly agree that Indie Computing is not providing medical advice via the app. The content provided through the app, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, 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 physician or other medical (or fitness) professionals, (B) A visit, call or consultation with your physician or other medical (or fitness) 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 physician or other healthcare provider promptly. Should you have an emergency, call your physician or emergency medical service immediately. You should never disregard medical advice or delay in seeking medical advice because of any content presented on this app, and you should not use the app or any content in the app for diagnosing or treating a health problem. The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a healthcare professional relationship between you and Indie Computing
You expressly agree that your athletic activities, which generate the content for the app (including but not limited to running) 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 Indie Computing or by the action, inaction or negligence of others. You also expressly agree that Indie Computing does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, group runs or event that utilizes Indie Computing app.
You expressly agree to release Indie Computing, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability connected with your athletic activities, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with your athletic activities. 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 app, (B) your use or misuse of equipment or programs created or licensed by Indie Computing while engaged in athletic activities, (C) your dealings with third party service providers available through the app, (D) any delay or inability to use the app experienced by you, (E) any information, software, products, services or content obtained through the app, whether based on contract, tort, strict liability or otherwise, even if Indie Computing has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Indemnity
You hereby indemnify us and undertake to keep us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors indemnified from any claim or demand, against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use, or arising out of your use of the App, your athletic activities (including, but not limited to, athletic activities in connection with any contests, races, group runs, or other events which our sponsors, organizes, participates in, or whose App is used in connection with), your connection to the App.
Termination
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the App. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the App (or any portion thereof), (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 App. Termination of your account may include (x) removal of access to all offerings within the App, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the App. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the App.
Applicable Laws
This App is controlled by Indie Computing from its offices within the United States of America. We make no representation that the Content in the App or the App are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this App from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the App, the Content or the Terms shall be governed by Massachusetts law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Middlesex County, Massachusetts for any legal proceedings related to the App or the Terms.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and Indie Computing as a result of the Terms or your use of the App. The Terms constitute the entire agreement between you and Indie Computing with respect to your use of the App and Service. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of us. We have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the App. Our notice to you via email, regular mail or notices or links on the App shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.