Terms of Service
- Last Updated  June 1st, 2018

These Terms of Service (the “ToS”) and Privacy Policy (the “PP”) shall apply to the registration of users and subsequent use of the SweatDate® mobile application services (“the Service”) offered by SweatDate App Inc. (“We”, “us” or “SweatDate®”). These ToS constitute an Agreement between you (“You” or “the User”) and SweatDate when you register and make use of the Service. The User and SweatDate® shall collectively be referred to as the “Parties” and individually as the “Party”.

You must read, agree to, and accept all of the terms of use contained in this ToS, as well as the terms and conditions in the PP, in order to use our SweatDate® mobile application (the “SweatDate® App”) located at  www.sweat-date.com , as well as all affiliated websites, including mobile websites and applications, including without limitation The App Store, whether owned and operated by us, or successors-in-interest, our Affiliates  or any third-parties (collectively, the “Locations”); to avail the Services.  

These ToS and PP constitute the complete and exclusive statement of the agreement (the “Agreement”) of both the Parties with respect to the subject matter of this Agreement, and supersede all prior oral and written commitments, understandings, and communications between the Parties regarding such matter.  SweatDate may, at its sole discretion, amend the Agreement, from time to time, by displaying the revised version(s) of the same on the SweatDate App. Any continued use of the Services by the User after the revised Agreement have come into effect shall be deemed as the User’s consent to such revised Agreement. In the event of a conflict between these ToS and the Additional Terms and Conditions, this ToS will control unless the Additional Terms and Conditions explicitly state that they control.

Section I: Definitions

“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or under common control with SweatDate.
“Current Version” means a version of the software that is currently being supported by its publisher.
“User” means any authorized User who has created an Account, and is or will be utilizing the SweatDate App for personal, consumer, and/or social purposes.
“Services” means any and all services agreed upon, performed for or delivered to Users through the SweatDate App.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Payment Method” means a valid credit card issued by a bank acceptable to SweatDate, a bank account linked to your Account, a PayPal account, a debit card, a charge card or such other method of payment as SweatDate may accept from time to time in our sole discretion.
“Substantial Change” means a change to the terms of the Terms of Service that reduces your rights or increases your responsibilities.
“SweatDate Team Software” means the online platform accessed using SweatDate’s downloaded team software that enables time tracking and invoicing, chat, and screenshot sharing with other Users.

Section II: Account Registration

All Users shall apply to SweatDate for use of the Services by registering for a unique User account on the SweatDate App (“Account”).

A. User Account Registration Requirements and Eligibility

1.) The User shall register for an Account by providing all requisite information, in the prescribed form(s) available on the SweatDate App. Sweat Date shall be entitled at its sole discretion to accept or reject such SweatDate Account applications.

2.) By registering for an Account on the SweatDate App, or by clicking to accept this Agreement when prompted on the SweatDate App, the User has been deemed to have executed this Agreement electronically; effective on the date the User registers their Account or clicks to accept the Agreement.  The User’s Account registration constitutes an acknowledgement that they are able to electronically receive, download, and print the Agreement, and any amendments thereafter.

3.) The User represents, acknowledges, agrees, and affirms the following:
a.) the User shall use the SweatDate App and the Services solely for personal and/or social purposes only.
b.) the User shall comply with all applicable laws and regulations with respect to his or her use of the SweatDate App and the Services;
c.) the User is an individual 18 years or older, with the full capacity to enter into legally binding contracts;
d.) the User shall be financially responsible for its use of the SweatDate App and the purchase of Services, where applicable;
e.) the User is not a citizen or resident of a geographic area in which access to or use of the SweatDate App or the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; and the User agrees that if the User’s country of residence or other circumstances change such that the above representations are no longer accurate, that the User shall immediately notify SweatDate of the same and cease using the SweatDate App and Services forthwith. 
f.) the User shall not post, upload, display or otherwise make available Content that, inter alia promotes, supports, represents, advocates, threatens, contains and/or condones:
  • any form of racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harassment or intimidation of another person;
  • requests money from, or is intended to defraud, other Users of the Service;
  • spam or solicits users of the SweatDate application;
  • information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them, or infringement of any other person’s Intellectual Property Rights, in any manner whatsoever;
  • video, audio photographs, or images of another person without his or her express permission (or in the case of a minor, the minor’s legal guardian);
  • restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses

4.) For the purpose of availing Accounts and Services, the User is required to have
a.) [Valid Email Address];
b.) [An age of or above 18 years]

5.) SweatDate may discontinue the Services for the User at its sole discretion any time without assigning any reason.

6.) Proper identification of the User will be required, at the time of opening the Account subject to the verification as per SweatDate policy / procedures. All User Accounts, at the time of registration and from time to time thereafter, shall be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm the User’s identity and their capacity to enter into an this Agreement with SweatDate.  The User authorises SweatDate, to directly or through third parties, make any and all inquiries necessary to validate the User’s identity and confirm their ownership of their email address or financial accounts, subject to applicable law.  When requested, User must provide SweatDate with information about themself.


7.) Any User opening or operating an Account is deemed to have read, understood and accepted (i) this Agreement, (ii) the SweatDate Privacy Policy, (iii) the SweatDate Safety Tips, and (iv) the applicable schedule of SweatDate charges issued, and (v) any and all amendedments from time to time to the afore-mentioned by the SweatDate.


8.) SweatDate reserves the right to avail and access User identification-related data obtained through the Account registration of the User.


9.) The User agrees to provide true, accurate, and complete information on its Account and all registration and other forms they access on the SweatDate App or provide to SweatDate, and to update the User’s information to maintain its truthfulness, accuracy, and completeness.  The User agrees not to provide and to correct any information about their location, business, skills, or the services their business provides that is or becomes false or misleading.  


10.) The User shall not to register for more than one User Account without express written permission from SweatDate, and the User shall not to ask or allow another person to a User Account on their behalf, for their use or benefit.


Section III: Attributes of Accounts

  1. Only one Account may be opened per User.
  2. The grant to, and operation of Account and Services by a User is purely personal in nature and not transferable under any circumstance.
  3. Each Account shall possess a distinctive number, which shall be quoted in all correspondence with the User relating to the Account and Services.
  4. SweatDate reserves the right without prior notice to the User to debit the User’s Account for any expenses, fees, withholding tax, tax, duty, or any other cost, service charges or expenses arising out of any transactions or operation of the Account with the SweatDate as may be payable to the Government, or any regulatory authority as may be levied, from time to time. All applicable taxes shall be recovered as per tax laws in force.  Failure to do so shall result in recovery of the service charge by SweatDate in a manner as SweatDate may deem fit along with such interest charges, if any, and/or withdrawal of funds from Account without any liability to SweatDate. 
  5. The Parties hereby agree that if the User opens further accounts with SweatDate and/or subscribes to any of the products/services of SweatDate or any of the Affiliates, and SweatDate extends the Services to such accounts, products or services and the User opts for use thereof, then this Agreement shall automatically apply to such further use of Account and Services by the User.
  6. This Agreement are in addition to and not in substitution for the specific terms and conditions, rules and regulations, procedures of SweatDate following various types of accounts and all products, services offered to User from time to time.

Section IV: Usage of Account/ Dormancy

  1. In order to use the Service, the User must be registered for an Account.
  2. At the time of registration, the User shall create a unique password. Transaction requests will be authorized only through the User’s passord via the registered Account.
  3. If a User’s Account remains dormant for a period of [please insert time period], any remaining balance in such dormant Account shall be deemed an unclaimed balance and shall be surrendered to SweatDate. 
  4. In case of SweatDate receiving official notice, or as and when SweatDate becomes aware of it from any other reliable source, regarding the demise of a User, SweatDate shall stop operations immediately in the account and will not be obliged to allow any operation or withdrawal except on production of a Succession Certificate or other Court orders, from a Court of competent jurisdiction.
  5. Any discrepancy in the Account activities for transactions and receiving of alerts should be promptly brought to the notice of SweatDate by the User in writing within 7 days from the date of transaction, failing which the said activities of the Account and/or receiving of alerts shall be deemed to be finally and conclusively non-discrepant and accepted by the User, for all purposes whatsoever. In the case of any error, SweatDate reserves its rights, at all time to make adjusting entries to rectify the error without notice and inform the User subsequently, and recover any amount wrongly paid or credited to the User and/or any third-party together with any accrued interest charges. However, SweatDate shall not be liable for any loss or damage due to such error(s) or any consequential loss arising therefrom to the User and/or any third-party.
  6. In accordance with this Agreement, the User may be entitled to receive certain records from SweatDates and/or SweatDate’s Affiliates, such as contracts, notices, and communications, in writing (hereinafter collectively referred to as the “Records”).  To facilitate the User’s use of the SweatDate App and the Services, the User hereby consents to being provided these Records by SweatDate electronically instead of in paper form. The User shall be responsible for retaining copies (whether soft copies or hardcopies) of all such Records duly communicated to the User by SweatDate.  However, SweatDate reserves the right, in its sole discretion, to communicate with the User via postal service and other third-party mail services using the address under which the Account is registered.  The User’s consent to receive Records electronically shall remain effective until and unless it is expressly withdrawn in writing by the User by contacting Customer Support.  Withdrawal of User’s consent to receive such Records electronically (“Withdrawal”), shall cause the User’s access to the SweatDate App and the Services to be revoked, and the User shall no longer be permitted to use the SweatDate App or the SweatDate App Services.  Withdrawal shall be effective only after SweatDate has had a reasonable period of time to process the request for Withdrawal.  Please note that Withdrawal shall not apply to records and notices electronically provided by SweatDate to the User before the Withdrawal becomes effective.
  7. The User shall be responsible for keeping all contact information (including without limitation all email addresses and postal addresses) in SweatDate’s records up-to-date by promptly notifying SweatDate of its current contact information, as well as any changes to the same, as soon as those changes occur.
  8. By entering into this Agreement, the User acknowledges and confirms that the User possesses all of the hardware and software neccessitated to receive all electronic notifications and Records as may be provided by SweatDate, such requirements which may be amended by SweatDate from time to time, including without limitation:
  • a valid and current email address;
  • a data plan, or internet connection for your smartphone device;
  • Software, browsers, plug-ins, or other mobile applications and programs identified on the SweatDate App in their Current Versions. The use of other browsers, or any of the afore-mentioned items in any version that is not the Current Version, may lead to compatibility issues;
  • a mobile device with an operating system capable of supporting the afore-mentioned items.

Section V: Security

  1. SweatDate shall not be liable to the User or any third-party, if anyone gets / has access to User’s password and/or mobile device with the SweatDate App, and the User fails to inform SweatDate. The transaction(s) done and/or instructions sent on the Account by the unreported and unauthorized user shall be considered legitimate and shall be acted and/or relied upon by SweatDate. SweatDate accepts no liabilities and shall not be held liable for compensation against any resulting User’s loss.
  2. The User irrevocably and unconditionally undertakes to ensure that the User’s password and other Confidential Information is kept confidential and to not let any unauthorized person have access to the mobile phone and/or the password.
  3. The security of the password must not be endangered or compromised by choosing a password that can be easily guessed, such as four (4) of the same numbers or numbers in sequence such as 1234.
  4. The User hereby acknowledges, agrees, and confirms that the User’s registered mobile phone/SIM shall only be used by the User and he/she shall take all necessary precautions and care to ensure that the same are not misplaced, lost or stolen. If User’s registered mobile phone/SIM is lost or stolen, User shall immediately notify his/her mobile operator to block and prevent misuse of the mobile phone/SIM. The User shall also promptly notify SweatDate’s Customer Service to block access to his/her Account, failing which, SweatDate shall not be held liable for any cost, charges, expenses, losses (direct, indirect or consequential), claims (including third party claims) or damages suffered or incurred by the User. The time at which SweatDate receives instructions to block access to the Account shall be determined and certified by SweatDate and such determination shall be binding and conclusive on the User.
  5. If the User believes that his/her Account has been accessed without his knowledge or consent, or that their password has been fraudulently used, they shall contact SweatDate immediately to block account.
  6. SweatDate shall not be required to independently verify the User Instructions and shall be effective unless countermanded by further instructions from the User within reasonable time frame. SweatDate shall have no liability whatsoever if it does not or is unable to stop or prevent the implementation of any such countermanded User Instruction.
  7. All instructions for operating the Accounts and availing Services shall be given by the User (“User Instructions”) in the manner prescribed by SweatDate. The User is also responsible for the accuracy completeness and authenticity of the payment instructions provided to SweatDate and/or its Affiliates and the same shall be considered to be sufficient to operate the Accounts.
  8. The User Instructions shall be affected only after authentication of the User in accordance with the prescribed procedure for Account.
  9. All the records of SweatDate generated by the User Instructions, (including the time of the transaction and payments requested when availing Services and using the Account), recorded shall be conclusive proof of the genuineness and accuracy of the transaction and accompanying User Instructions.
  10. When a User completes providing payment instructions and the same are received by SweatDate, transaction shall deemed to be fixed and finalized and User may not subsequently raise any objections with respect thereto. Once the User Instructions are received the transaction may not subsequently be changed or reversed in any way. SweatDate may seek clarification on User Instructions as and when it deems fit.
  11. SweatDate may refuse to comply with the User Instructions without assigning any reason whatsoever and shall not be under any duty to assess the prudence or otherwise of any User Instruction and have the right to suspend the operations through standard process if it has reason to believe that the User Instructions will lead or expose to direct or indirect loss or may require indemnity from the User before continuing to operate Account.
  12. The User undertakes and agrees not to use or permit the use of Account and Services for any illegal or improper purposes and shall comply with all applicable laws and regulations governing the Accounts. The User shall be held liable for any illegal funds transfer and money laundering done through their Account
.
Section VI: Services

  1. The SweatDate App is an online portal Users to interact with one another based on common fitness goals and interests. Subject to the Agreement, SweatDate provides the Services to Users, including hosting and maintaining the SweatDate App.
  2. The User acknowledges, agrees, and affirms that SweatDate is not a party to any communication between Users, and that SweatDate does not in any way endorse any statements or opinions made between any Users, nor is responsible in any way for the conduct of any of the Users.

Section VII: Fees

MEMBERSHIP FEES

  1. Users shall have the option to subscribe to different levels of membership and privileges on the SweatDate App, some of which shall be free-of-cost, while others shall require payment of subscription fees as described in and subject to the following, and may be revised by SweatDate from time to time upon such notice as may be appropriate:
  • For Free Membership:
[Valid email address];
  • For Paid Membership:
[TO BE DETERMINED]

TAXES

  1. Any payments due under the Paid Membership shall be subject to all applicable taxes under the law.

PAYMENT METHODS

  1. In order to use certain SweatDate App and/or the Services, any User availing a paid subscription must provide account information for at least one of the following valid Payment Methods:
  • Credit card;
  • Debit card;
  • Charge card; and/or
  • PayPal account. 
Wherein the User hereby authorizes SweatDate to run authorizations on all credit/debit/charge cards and/or PayPal account provided by the User, to store credit/debit/charge card, banking, or other financial details as User’s method of payment for Services, and to charge Client’s credit/debit/charge card and/or Paypal account.
2. By providing Payment Method information through the SweatDate App, the User represents, warrants, and covenants that:
  • User is legally authorized to provide such information;
  • User is legally authorized to perform payments using the Payment Method(s); and such action does not violate the terms and conditions applicable to the User’s use of such Payment Method(s) or applicable law.  
3. By authorizing a payment using a Payment Method via the SweatDate App, the User represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.  To the extent that any amounts owed under this Agreement cannot be collected from User’s Payment Method(s), the User is solely responsible for paying such amounts by other means.

NON-PAYMENT

  1. In the event that the User either (i) cancels its debit or credit card, (ii) initiates an improper chargeback, or (iii) commits any other act or ommission; which leads to a failure on part of the User to pay any Membership Fees due, SweatDate shall have the right to suspend or close the User’s Account and revoke the User’s access to the SweatDate App.  Notwithsanding other remedies available to SweatDate under the law, the User must pay SweatDate upon first demand for amounts owed under the Agreement plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.  To the extent permitted by applicable law, SweatDate shall reserve the right to set-off amounts due against other amounts received from or held by SweatDate for the User, report such behaviour to any law enforcement authorities and/or regulatory authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.

Section VIII: Relationship with SweatDate

  1. All dealings between Users, including posts, communications, screening, selection, and performance of the Services, shall remain between the Users, and not pertain to SweatDate.   SweatDate shall not, in any way, supervise, direct, or control User or User’s interaction with other Users. SweatDate makes no representations about, and does not guarantee or warrant the quality, safety, or legality of, the User’s interaction or communication with other Users; the truth or accuracy of User’s listings on the SweatDate App; the qualifications, background, or identities of Users; nor does SweatDate promise to perform or endorse any background checks on the Users. The User hereby acknowledges and agrees that any information on the SweatDate App about another User, including without limitation feedback, composite feedback, including a strength or risk score, geographical location is based solely on data that Users voluntarily submit to SweatDate, and shall not constitute nor be construed as an endorsement, verification, testimonial, or recommendation by SweatDate. The User’s execution of this Agreement and any Account registration will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Users and SweatDate.  
  2. COMMUNICATIONS FROM USER TO UPWORK - All notices to SweatDate or our Affiliates intended to have a legal effect must be in writing and delivered either (a) in person; (b) by a means evidenced by a delivery receipt, to the following address:10405 125 St. Surrey, BC V3V4Y9; or (c) in writing via email to sweatdateapp@gmail.com and shall be deemed effective upon receipt by SweatDate.  SweatDate does not accept service of any legal process by email or mail; all such service should occur by hand delivery on SweatDate or its registered agent for service of process.
  3. SITE LICENSE AND INTELLECTUAL PROPERTY RIGHTS - SweatDate grants to the User a limited license to access and use the SweatDate App for the purpose of using the SweatDate App Services.  The User shall only access (or attempt to access) the SweatDate App or Services by the interface provided, and you shall not use information from the SweatDate App or Services for any purposes other than the purposes for which it was made available.  The User shall not to use the SweatDate App or the Services for offering any goods or services.  The User shall not do any of the following without SweatDate’s express prior written consent:
  • sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the SweatDate App or Services in any way for any public or commercial purpose;
  • use any content of the SweatDate App or Services on any other website or in a networked computer environment for any purpose except User’s own viewing;
  • frame or link to the SweatDate App or Services;
  • attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the SweatDate App or the Services unless expressly permitted by applicable law.  
  • access the Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the SweatDate App Services.

SweatDate and its licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the SweatDate App and the Services.  The logos and names are trademarks of SweatDate and may be registered in certain jurisdictions.  All other product names, company names, marks, logos, and symbols on the SweatDate App or the Services may be the trademarks of their respective owners.  Except as expressly stated in this Agreement, nothing in the Agreement confers any license under any of SweatDate’s or any third party’s Intellectual Property Rights, whether by estoppel, implication, or otherwise.

Section IX: Miscellaneous

UNAUTHORIZED ACCESS AND USE; SITE INTERFERENCE; MALICIOUS SOFTWARE - The User shall not use any robot, spider, scraper, or other automated means to access the SweatDate App for any purpose without SweatDate’s express written permission.  The User shall not:
  • access the audiovisual content available on the SweatDate App for any purpose or in any manner other than streaming;
  • take any action that imposes or SweatDate reasonably believes may impose (in SweatDate’s sole discretion) an unreasonable or disproportionately large load on the SweatDate App’s infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the SweatDate App) from the SweatDate App (“Content”), any software code that is part of the SweatDate App, or any services that are offered on the SweatDate App without the prior express written permission of SweatDate and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper operation of the SweatDate App or any activities conducted on the SweatDate App;
  • bypass any of SweatDate’s measures to prevent or restrict access to the SweatDate App or any subparts of the SweatDate App, including, without limitation, features that prevent or restrict use or copying of any content Content or enforce limitations on use of the SweatDate App or the content therein;
  • transmit spam, chain letters, or other unsolicited communications;
  • attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the SweatDate App;
  • collect, harvest, retain, forward, or use any personally identifiable information, including Account names, from the SweatDate App;
  • access any content Content on the SweatDate App through any technology or means other than those provided or authorized by the SweatDate App;
  • directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products, or services; or
  • post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the SweatDate App or the SweatDate App software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the SweatDate App or any other software, firmware, hardware, computer system, or network of SweatDate or any third party.

In addition to the aforementioned types of Content in Section IX (A)(3) hereinabove, the User shall not post, upload, display or otherwise make available Content that, inter alia promotes, supports, represents, advocates, threatens, contains and/or condones:

  • any form of racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harassment or intimidation of another person;
  • requests money from, or is intended to defraud, other Users of the Service;
  • spam or solicits users of the SweatDate application;
  • information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them, or infringement of any other person’s Intellectual Property Rights, in any manner whatsoever;
  • video, audio photographs, or images of another person without his or her express permission (or in the case of a minor, the minor’s legal guardian);
  • restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  • viruses, time bombs, trojan horses, cancelbots, worms, any invalid data or other harmful or malicious software code, or disruptive codes, components or devicespost or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the SweatDate App or the SweatDate App software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the SweatDate App or any other software, firmware, hardware, computer system, or network of SweatDate or any third party.;
  • an impersonation of, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and Confidential Information);
  • disruption the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; and
  • solicitation of passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.

SweatDate reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates the provisions of this Section IX, including removing the offending communication from the Service and terminating or suspending the account of such violators.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USER’S USE OF THE SERVICE IS ACCESSED AT THE USER’S OWN DISCRETION AND RISK, AND THE USER SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO THE USER’S DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF THE USER DOES NOT ACCEPT THIS LIMITATION OF LIABILITY, THEN SUCH USER SHALL NOT BE AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

THIRD-PARTY VERIFICATION - The SweatDate App makes available various services provided by third parties to verify a User’s credentials and provide other information.  Any information or content expressed or made available by these third parties or any other Users is that of the respective author(s) or distributor(s) and shall not be deemed to be the stance, opinion, or belief of SweatDate.  SweatDate neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the SweatDate App by anyone other than SweatDate’s authorized employees acting in their official capacities.

LINKS AND APPLICATIONS - The SweatDate App may contain links to third-party websites.  The SweatDate App may also contain applications that allow the User to access third-party websites via the SweatDate App.  Such third-party websites are owned and operated by the third parties and/or their licensors.  SweatDate does not warrant or guarantee access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. The User acknowledges and agrees that SweatDate is not responsible or liable for the availability or accuracy of third-party websites; or the content, advertising, or products on or available from third-party websites.  The User shall access third-party websites by clicking on a link, or installing an application at the User’s sole risk and discretion.

MOBILE AND OTHER DEVICES - When using the SweatDate App, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.

SITE UPDATES - SweatDate may from time to time in its sole discretion develop and provide SweatDate App and/or Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”).  Updates may also modify or delete in their entirety certain features and functionality.  You agree that we do not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality.  You will promptly download and install all Updates and acknowledge and agree that SweatDate App Services or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to the terms of the ToS, unless otherwise provided in terms associated with such Update.  SweatDate reserves the right, at any time, to modify, suspend, or discontinue Services or any part thereof without notice.  You agree SweatDate will not be liable to you or any third party for any modification, suspension, or discontinuance of Services or any part thereof.

CONFIDENTIALITY – Unless otherwise specified in the Agreement, all information exchanged during the course of the Agreement (“Confidential Information”) shall be regarded as confidential between the Parties and shall not be disclosed to any unauthorized person or used by the recipient other than for the purpose to which it relates. Any authorized disclosure to another person(s) shall be on the same terms as to confidentiality as contained in this clause. Parties hereby agree to make available Confidential Information only to those of their employees who need to have access to it for the purposes of this Agreement and to obligate such employees correspondingly to the extent legally permissible.
If, for the purposes of this Agreement, a Party discloses any Confidential Information to its employees, it shall notify such employees of the confidential nature thereof and make all necessary efforts and take all precautions to bind such employees to keep the Confidential Information strictly confidential.
During and after the tenure of this Agreement if any Confidential Information is received by a Party under or by virtue of this Agreement the same shall be maintained in the strictest of confidence and trust.
The obligation of confidentiality and limited use shall survive termination of this Agreement and continue even after the termination or expiry of this Agreement.

WARRANTY DISCLAIMER - The SweatDate App and the Services are provided “as is” and on an “as available” basis.  SweatDate makes no express representations or warranties with regard to the SweatDate App, the Services, or any activities or items related to this Agreement.  To the maximum extent permitted by applicable law, SweatDate disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement.  Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to the User.

Section X : Liability And Indemities

LIMITATION OF LIABILITY – The Parties agree that SweatDate shall not be liable for any damages or losses arising out of or in connection with the Agreement, including, but not limited to:
  • The User’s use of or inability to the SweatDate App or Services;
  • delays or disruptions in the SweatDate App or Services;
  • viruses or other malicious software obtained by accessing, or linking to, the SweatDate App or Services;
  • glitches, bugs, errors, or inaccuracies of any kind in the SweatDate App or Services;
  • damage to the User’s hardware device from the use of the SweatDate App or Services;
  • the content, actions, or inactions of third parties’ use of the SweatDate App or Services;
  • a suspension or other action taken with respect to the User’s Account;
  • the User’s reliance on the quality, accuracy, or reliability of profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the SweatDate App; and the User’s need to modify practices, content, or behavior as a result of changes to the Agreement.

The liability of SweatDate, its Affiliates, licensors, and third-party service providers to the User for any claim arising out of or in connection with this Agreement shall not exceed the Membership Fees paid by the User in the preceeding six months such claim.  These limitations will apply to any liability, arising from any cause of action whatsoever arising out of or in connection with this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose.  Some jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to the User.

RELEASE - The User hereby releases SweatDate, its Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute that the User may have with another User, whether it be at law or in equity.  

INDEMNIFICATION - The User shall indemnify, defend, and hold harmless SweatDate, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by the User, a third party, or another User against an Indemnified Party relating to: (a) use of the SweatDate App and the Services by User, including any payment obligations incurred through use of the Services; (b) the User’s failure to comply with the Agreement; (c) User’s failure to comply with applicable law(s) and/or regulation(s); (d) User’s negligence, willful misconduct, or fraud; and (e) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by the User. Additionally, in no event shall SweatDate, its Affiliates, licensors, or third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities.  

Section XI : Term and Termination

TERM AND TERMINATION - The Agreement come into full force and effect on the later of the Effective Date or upon registration of an Account in the User’s name, and shall remain in valid and if force for the duration of the User’s use of the SweatDate App or Services, unless otherwise terminated earlier in accordance with the provisions of this Agreement.  Unless both Parties expressly agree otherwise in writing, either Party may terminate this Agreement in its sole discretion, at any time, without explanation, upon written notice to the other, except as otherwise provided herein.  User may provide written notice to sweatdateapp@gmail.com

In the event of termination, the User’s right to use the SweatDate App shall be automatically revoked, and Account shall be closed; however, the User shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to SweatDate for any Services availed upto the date of termination.  Termination of this Agreement for any reason shall not release the User or SweatDate from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.


Without limiting SweatDate’s other rights or remedies, it may temporarily suspend, indefinitely suspend, or permanently revoke the User’s access to the SweatDate App and refuse to provide any or all Services to the User if: (i) the User breaches the letter or spirit of any terms and conditions of this Agreement; (ii) SweatDate suspects or becomes aware that the User provided false or misleading information to SweatDate; or (iii) SweatDate believes, in its sole discretion, that the User’s actions may cause legal liability for SweatDate, its other Users, or its Affiliates; may be contrary to the interests of the SweatDate App or the User community; or may involve illicit activity.  If the User Account is suspended or closed, the User may not use the SweatDate App under the same Account or a different Account or reregister under a new Account without SweatDate’s prior written consent.  If the User attempts to use the SweatDate App under a different Account, SweatDate reserves the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by the User to the extent permitted by applicable law.


Without limiting SweatDate’s other rights or remedies, if the User engages in actions or activities that circumvent the SweatDate App or otherwise reduce fees owed SweatDate or its Affiliates under the Agreement, the User shall pay SweatDate, and authorize SweatDate or its Affiliate to charge the User, for all fees owed to SweatDate and its Affiliates, all losses and costs (including any and all time expended of SweatDate’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.  In addition, violations of the Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.


If the User Account is closed for any reason, the User shall no longer have access to data, messages, files, and other material pertaining to the closed Account kept on the SweatDate App.  If practicable or required by law, SweatDate shall retain this information along with all previous posts and proposals for a period of up to five years from the date of closure.  However, the User understands, acknowledge, agrees, and affirms that any closure of the User Account may involve deletion of any content stored in your Account for which SweatDate shall have no liability whatsoever.

Except as otherwise required by applicable law, SweatDate shall notify the User closing the Account, unless it believes, in its sole judgment, that giving notice may cause damage.  The Parties acknowledge and agree that the value, reputation, and goodwill of the SweatDate App depend on transparency of User’s Account status to all Users, including both the User and other Users who have interacted and/or communicated with the User.  The User therefore agrees as follows: IF SWEATDATE DECIDES TO SUSPEND OR CLOSE THE ACCOUNT, SWEATDATE HAS THE RIGHT BUT NOT THE OBLIGATION TO:  (A) NOTIFY OTHER USERS THAT HAVE INTERACTED AND/OR COMMUNICATED WITH THE USER TO INFORM THEM OF THE USER’S SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR THE ACCOUNT SUSPENSION OR CLOSURE.

SURVIVAL - After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect.  For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.

Section XII : Dispute Resolution/Arbitration

DISPUTE PROCESS AND SCOPE - For any and all disputes arising between the Parties, and/or SweatDate’s Affiliates the Parties agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, or the Services (each, a “Claim”) in accordance with this Section XII.  For the purposes of abundant clarity, Claims include, without limitation, all claims, disputes, or controversies arising out of or relating to the Agreement, any payments or monies the User claims are due to them from SweatDate or its Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, termination, discrimination or harassment and claims arising under statutes or regulations addressing the same or similar subject matters, and all other legal claims arising out of or relating to the Parties’ relationship with one another, or the termination of that relationship. The Parties agree that any Claim must be resolved as described in the subsections below titled “Informal Dispute Resolution” and “Mandatory Binding Arbitration and Class Action/Jury Trial Waiver.”  

CHOICE OF LAW - This Agreement, and any Claim will be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.

INFORMAL DISPUTE RESOLUTION – Prior to serving a demand for arbitration of a Claim, the User shall first notify SweatDate of the Claim at Attn: 10405 125 St. Surrey, BC v3v4y9 or by email to sweatdateapp@gmail.com and SweatDate agrees to provide to the User with notice at the User’s email address on file (in each case, a “Notice”) and seek informal resolution of the Claim.  All Notice from User shall include the User’s name, pertinent account information, a brief description of the Claim, and contact information, to enable SweatDate to evaluate the Claim and attempt to informally and quickly resolve the Claim.  Any Notice from SweatDate to the User must include pertinent account information, a brief description of the Claim, and SweatDate’s contact information, enable the User to evaluate the Claim and attempt to informally and quickly resolve the same.  In the event that the Parties have not successfully informally resolved the claim within 7 days from the date of the receipt of the Notice, the Parties shall proceed with the Claim to Arbitration in accordance with Section XII(D) hereunder.

MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER - This Mandatory Binding Arbitration and Class Action Waiver provision (“Arbitration Provision”) applies to all Users. In the unlikely event the Parties are unable to resolve a Claim within [please insert] days of the receipt of the applicable Notice, the User, SweatDate, and its Affiliates agree to resolve the Claim by binding arbitration before an arbitrator under the International Chamber of Commerce Rules (“ICC Rules”).

SCOPE OF ARBITRATION AGREEMENT AND CONDUCT OF ARBITRATION - Arbitration as provided in this Mandatory Binding Arbitration and Class Action Waiver provision (“Arbitration Provision”) is governed by the ICC Rules.  This Arbitration Provision applies to any Claim the Parties may have and survives beyond the termination/expiration of their relationship.  This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. Except as otherwise provided herein, arbitration will be conducted in [please insert city/country] in accordance with the ICC Rules.  The ICC Rules for arbitration may be found at www.iccwbo.org or by searching online for “ICC Rules of Arbitration.”  The Pparties agree that any Party shall have the right to appear at the arbitration by telephone and/or video rather than in person. The Parties shall follow the applicable ICC Rules with respect to arbitration fees.  The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court.  Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Either Party may apply to a court of competent jurisdiction for provisional injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that Party may be entitled may be rendered ineffectual without such relief; the arbitrator will render the final judgment in the matter.  Regardless of any other terms of this Arbitration Provision, a Claim may be brought by or to, and remedies awarded by, an administrative agency if applicable law permits the agency to adjudicate, investigate or prosecute the claim notwithstanding the existence of this Agreement to arbitrate.  Nothing in this Arbitration Provision will be deemed to preclude or excuse a Party from bringing an administrative claim before any agency in order to fulfill the Party’s obligation to exhaust administrative remedies before making a claim in arbitration, if any.

INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION - This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims.  For the avoidance of doubt, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision.  All such matters shall be decided by an arbitrator and not by a court.  The Parties expressly agree that the arbitrator and not a court will decide any question of whether the Parties agreed to arbitrate, including but not limited to any claim that all or part of this Agreement or any other part of the Terms of Service is void or voidable. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.  If any portion of the Class Action Waiver hereunder of this Arbitration Provision is deemed to be unenforceable, the Parties hereby agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.  

CLASS ACTION WAIVER - This Arbitration Provision restricts the User’s ability to participate in class, collective or representative actions.  Both Parties agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others.  There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding (“Class Action Waiver”).  The Class Action Waiver does not prevent the User from bringing a Claim in arbitration as a private attorney general solely on its own behalf and not on behalf of others.  Notwithstanding any other portion of this Arbitration Provision or the ICC Rules, the arbitrator shall have authority to hear any Claim on a class, collective, or representative basis if, only if, and only to the extent that, the arbitrator determines that the waiver of such class, collective, or representative Claim is unenforceable.  The Parties agree that the User not be retaliated against, disciplined or threatened with discipline as a result of filing or participating in a class, collective or representative action in any forum.  However, SweatDate shall have the right to lawfully seek enforcement of this arbitration provision and the Class Action Waiver and seek dismissal of such class, collective or representative actions or claims.

Section XIII : General Provisions

ENTIRE AGREEMENT - This Agreement sets forth the entire agreement and understanding between the User and SweatDate relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between the Parties, written or oral, to the extent they relate in any way to the subject matter hereof and thereof.  The section headings in the Agreement are included for ease of reference only and have no binding effect.  Even though SweatDate has drafted the Agreement, the User represents that they had ample time to review and decide whether to agree to the Agreement.  If an ambiguity or question of intent or interpretation of the Agreement arises, no presumption or burden of proof will arise favoring or disfavoring the Parties because of the authorship of any provision of the Agreement.

MODIFICATIONS - No modification or amendment to the Agreement shall be binding upon SweatDate unless in a written instrument signed by a duly authorized representative of SweatDate.  For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices, but will include facsimiles.

NO WAIVER - Nothwithstanding anything to the contrary in this Agreement, the failure or delay of either Party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that Party’s right to later enforce or exercise it, unless such Party issues an express written waiver, signed by a duly authorized representative of such Party.

ASSIGNABILITY - User may not assign the any of its rights or obligations hereunder, for any reason whatsoever.  SweatDate may freely assign this Agreement without User’s consent.  Any attempted assignment or transfer in violation of this subsection will be null and void.

SEVERABILITY - If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the Parties.  The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

FORCE MAJEURE - Neither Party shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.  The time for performance of such Party shall be extended by the period of such delay.  Irrespective of any extension of time, if an event of Force Majeure occurs and its effect continues for a period of [please insert] days, either Party shall have the right to give to the other a 30-day notice of termination.

PREVAILING LANGUAGE AND LOCATION - The English language version of the Agreement and shall be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.  The SweatDate App is controlled and operated from our facilities in Vancouver, British Columbia. SweatDate makes no representations or warranties that the SweatDate App is appropriate or available for use in other locations.  Those who access or use the SweatDate App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable foreign, and local laws and regulations, including, but not limited to, export and import regulations.
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