Privacy & Terms
Terms of service
These Terms of Service (“Terms”) govern your use of Outperform Fitness’s (“Outperform,” “we,” or “us”) personal fitness mobile application; our website, including www.outperformfitness.com; the software embedded in the Outperform mobile application, memberships and other Outperform services (collectively, the “Outperform Services”).
You must accept these Terms to create an Outperform account and to use the Outperform Services. If you do not have an account, you accept these Terms by visiting www.outperformfitness.com or using any part of the Outperform Services. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.OUTPERFORMFITNESS.COM OR USE THE OUTPERFORM SERVICES.
These Terms May Change
These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on our website. We will notify you by email, through the Outperform Services, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Outperform Services after a modification is posted, you are telling us that you accept the modified terms.
Who Can Use Outperform?
You may use the Outperform Services if you are over 13 years of age and are not barred from receiving services under applicable law.
Creating an Account
Full use of the Outperform Services requires that you create an account by providing us with a valid email address and password. You are responsible for all activity that occurs in association with your account. Outperform is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the Outperform Services. These communications are part of the Outperform Services and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Full use of the Outperform Services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Outperform Services and it is your responsibility to ensure the app’s functionality.
Posting Your Content On the Outperform Services
You may post content (“Your Content”) to the Outperform Services. You retain all rights to Your Content that you post to the Outperform Services. By making Your Content available on or through the Outperform Services you grant to Outperform a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Outperform Services.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Outperform Services will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
Be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
- Do not post profane or explicit content.
- Do not post profile pictures that might be considered inappropriate.
- Do not post communications that could be interpreted as threatening or harassing.
- Do not post, advertise, or promote products or services commercially.
“Outperform Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Outperform Services to you. Except for Your Content, Outperform Content, the Outperform Services and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Outperform Services.
What You Can Do On the Outperform Services
The Outperform Services is intended for your personal, non-commercial use.
Outperform grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Outperform Content, (2) access and use the software and mobile applications provided by the Outperform Services, and (3) use the software that is embedded into Outperform products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Outperform Services as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Outperform Content, Outperform Services or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Outperform or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On the Outperform Services
Except to the extent permitted by law, you may not do any of the following while accessing or using the Outperform Services: (1) use, display, mirror or frame the Outperform Services or any individual element within the Outperform Services, Outperform’s name, any Outperform trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Outperform’s express written consent; (2) access or tamper with non-public areas of the Outperform Services, Outperform’s computer systems, or the technical delivery systems of Outperform’s providers; (3) test the vulnerability of any Outperform system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Outperform or any of Outperform’s providers or any other third party (including another user) to protect the Outperform Services or Outperform Content; (5) access the Outperform Services or Outperform Content through the use of any mechanism other than through the Outperform Services or Outperform API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Outperform provides to you or any other part of the Outperform Services.
Our Enforcement Rights
We are not obligated to monitor access or use of the Outperform Services, Outperform Content, or Your Content or to review or edit any Outperform Content or Your Content, but we have the right to do so for the purpose of operating the Outperform Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Outperform Services, any Outperform Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Outperform Content, Your Content, or your use of the Outperform Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Outperform Services.
Use the Outperform Services at Your Own Risk
Our goal is to provide helpful and accurate information on the Outperform Services, but we make no endorsement, representation or warranty of any kind about any Outperform Content, information, services or recommendations. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Outperform Services. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any Outperform Content or the Outperform Services, you do so solely at your own risk.
Consult Your Doctor Before Using the Outperform Services
The Outperform Services is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Outperform Services, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Outperform Services and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Outperform Services. If you engage in any exercise program, you receive or learn about through the Outperform Services you agree that you do so at your own risk and are voluntarily participating in these activities.
Use Common Sense
Use of the Outperform Services should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your Outperform product or service.
Outperform respects copyright law and expects its users to do the same. It is Outperform’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
Feedback and Submissions Policy
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Outperform, or obtained from sources other than you.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Outperform and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
As part of your use of the Outperform Services, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible for Third-Party Links On the Outperform Services
The Outperform Services contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Outperform’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
Changes to The Outperform Services
Outperform may change or discontinue, temporarily or permanently, any feature or component of the Outperform Services at any time without notice. Outperform is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Outperform Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Outperform products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of the Outperform Services or your account, the following provisions of these Terms will survive: Posting Your Content On the Outperform Services; Outperform’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using the Outperform Services; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
THE Outperform SERVICE AND Outperform CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Outperform Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Outperform Content. You acknowledge and agree that if you rely on any Outperform Content or the Outperform Services, you do so solely at your own risk.
You will indemnify and hold harmless Outperform and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Outperform Services, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
NEITHER Outperform, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Outperform SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE Outperform SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Outperform HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL Outperform’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE Outperform SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO Outperform FOR USE OF THE Outperform SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Outperform, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Outperform AND YOU.
You agree that any dispute between you and Outperform arising out of or relating to these Terms of Service, the Outperform Services, or any other Outperform products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Outperform, you agree to try to resolve the Dispute informally by contacting email@example.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Outperform may bring a formal proceeding.
We Both Agree to Arbitrate: You and Outperform agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Raleigh, North Carolina, or any other location we agree to.
Exceptions to Agreement to Arbitrate: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Outperform products or Outperform Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Outperform on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Outperform agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Raleigh, North Carolina. Both you and Outperform consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Outperform products or Outperform Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Outperform and you regarding the Outperform Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Outperform and you regarding the Outperform Services and Outperform Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Outperform’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Outperform may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Outperform under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Outperform Services. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Outperform’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Outperform. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Please contact us if you have any questions about these Terms.
Outperform Fitness (“Outperform,” “we” or “us”) respects your concerns about privacy. We want our customers to understand the types of information we collect, how we use that information, how we secure it, and whether we share it. Please contact us www.outperformfitness.com/contact if you have any questions about our privacy practices. This Privacy Notice applies to our websites located at www.outperformfitness.com (individually a “Site” and collectively “Sites”), the Outperform software (“Software”) and Outperform mobile applications (each an “App” and collectively the “Apps”). The Sites, Software and Apps are collectively referred to in this Policy as the “Outperform Service,” and by proceeding to use the Outperform Service you consent that we may process the data that we collect from you in accordance with this Privacy Notice.
This Privacy Notice may change over time, but any future changes will not affect data that was collected under a previous version of this policy. If any modifications substantially change your rights, we will send an email summarizing the changes to the address associated with your Outperform account and provide notice on the Site.
What Data Does Outperform Collect?
When You Activate the Mobile Application
When activating the Outperform Application, you will be asked to enter information about yourself, such as gender. We use this information to personalize your fitness information. The application collects this information and transmits this data to Outperform.
When You Create an Outperform Account
If you want to access data collected by Outperform you must create an Outperform account. When you create an Outperform account, we ask for some personal information, including your email address and date of birth. Your email address will be your Outperform account user name, which you will use to log-into your account. We do not display your email address to other users. Instead, others will see the name or nickname you enter in your profile settings.
When You Visit Our Sites
When You Contact Us for Help
Whenever you contact Outperform for help, we collect your name and email address along with additional information you provide in your request so that we can provide you with assistance and improve the Outperform Service.
Information from Other Sources
We do not collect any information about you from other sources outside of your interaction with the Outperform Service.
How We Use Your Data
Outperform uses your data to provide you with the best experience possible, to help you make the most of your fitness, and to improve and protect the Outperform Service. Here are some examples:
- Contact information is used to send you notifications and to inform you about new features or products we think you would be interested in. Please see “Can I Opt-out Of Receiving Outperform Emails?” below for information on how you can opt-out of future communications.
- Data and logs are used in research to understand and improve the Outperform Service; to troubleshoot the Outperform Service; to detect and protect against error, fraud or other criminal activity; and to enforce the Outperform Terms of Service.
- De-identified data that does not identify you may be used to inform the health community about trends; for marketing and promotional use; or for sale to interested audiences. See
“Sharing of De-identified Data That Does Not Identify You” to learn more.
What Data May be Shared with Third Parties?
First and foremost: We don’t sell any data that could identify you. We only share data about you when it is necessary to provide the Outperform Service, when the data is de-identified and aggregated, or when you direct us to share it.
Data That Could Identify You
Personally Identifiable Information (PII) is data that includes a personal identifier like your name, email or address, or data that could reasonably be linked back to you. We will only share this data under the following circumstances:
- If we believe that disclosure is reasonably necessary to comply with a law, regulation, valid legal process (e.g., subpoenas or warrants served on us), or governmental or regulatory request, to enforce or apply the Terms of Service or Terms of Sale, to protect the security or integrity of the Outperform Service, and/or to protect the rights, property, or safety of Outperform, its employees, users, or others. If we are going to release your data, we will do our best to provide you with notice in advance by email, unless we are prohibited by law from doing so.
- We may disclose or transfer your PII in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company. We will notify you if a different company will receive your PII and the promises in this Privacy Notice will apply to your data as transferred to the new entity.
Data That Does Not Identify You (De-identified Data)
Outperform may share or sell aggregated, de-identified data that does not identify you, with partners and the public in a variety of ways, such as by providing research or reports about health and fitness or as part of our membership services. When we provide this information, we perform appropriate procedures so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you.
Data that You Direct Us to Share
Other Ways You Might Share Your Data
Outperform may provide you with ways for you to share data with other Outperform users or others, such as through social media.
Contests and Giveaways
Outperform may offer opportunities to participate in contests, giveaways and other promotions. Any data you submit in connection with these activities will be treated in accordance with this Privacy Notice, unless the rules for those offers note otherwise.
Outperform may also ask you to participate in surveys (processed by Outperform or third parties) that help us understand your use of the Outperform Service. Any PII you provide to Outperform (or supplied by you or Outperform to such third-party survey providers) in connection with these surveys will only be used in relation to that survey and as stated in this policy.
How Long We Save Your Data
We store your PII for as long as you maintain an Outperform account.
How to Edit or Modify Data
Data that you provide to Outperform through the Site can be modified from your dashboard or Outperform account preferences. If you remove data from your Outperform account, it will no longer appear to you or others who use the Outperform Service. Backups of that data will remain associated with your Outperform account and in our archive servers.
How to Deactivate Your Outperform Account
You can deactivate your Outperform account by contacting us at email@example.com. When you do, data that can identify you will be removed from the Outperform Service, including but not limited to your email, name, photo(s), friends list and links to sites such as Facebook and Twitter. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. Outperform may continue to use your de-identified data after you deactivate your account.
Outperform’s Policies for Children
Outperform is not directed at persons under the age of 13. We do not knowingly collect any PII from children under 13. If you are aware of a user under the age of 13 using Outperform, please contact us at firstname.lastname@example.org.
Can I Opt-out Of Receiving Outperform Emails?
Yes – you can opt-out of receiving weekly summaries, achievement notifications, contests, giveaways, surveys and promotional emails by changing the notification preferences in your account settings or by unsubscribing via the “Unsubscribe” link in any Outperform email. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your use of the Outperform Service.
How Does Outperform Keep My Data Safe?
Outperform uses a combination of technical and administrative security controls to maintain the security of your data. If you have a security-related concern, please contact us at email@example.com.
How Does Outperform Handle Data from International Visitors?
The Outperform Service is hosted and operated entirely in the United States and is subject to United States law. Any personal information that you provide to Outperform is being transferred to Outperform for use solely in the United States and will be hosted on United States servers. You consent to the transfer of your personal information to the United States. If you are accessing the Outperform Service from outside the United States, please be advised that United States law may not offer the same privacy protections as the law of your jurisdiction.
Technologies We Use
Cookies are text files that are sent by servers to web browsers and stored on your computer. They tell us which parts of the Outperform Service you’ve visited so we can figure out which promotions you may like to see or to alert you to software compatibility issues.
Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. Outperform, or third party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality.
Social media tools, like widgets and plug-ins, are used so you can share information from Outperform on other sites such Facebook and Twitter. These interactive mini-programs collect your IP address, record the pages you visit on our Sites, and set cookies that will enable the widget to function properly. Your interactions with these widgets are governed by the Privacy Notice of the company providing them, not by Outperform’s Privacy Notice. We also use the Facebook and Twitter pixel tags to help us understand how effective our marketing is on those sites.
You can email us with any questions or comments at firstname.lastname@example.org.