Terms

TERMS OF SERVICE

Last Updated: June 11, 2016

Thank you for using our services (here, referred to as the “Service” / “Services”). By becoming a registered user or in any other way participating in services offered by the HeyOuts platform our our partners,  you accept and agree to these Terms and Conditions (“Terms”). Therefore, it is important that you carefully read through these Terms. If you do not consent to these Terms, you should not register with HeyOuts.

ABOUT HEYOUTS

HeyOuts is a platform that enables users to connect with friends, sample exercise and related services such provided by external partners. And have fun.

OUR SERVICES

The site, application and services comprise an online platform through which users (defined below) may access exercise (defined below) by service providers (defined below) and users (defined below) may learn about, and book, exercise sessions directly with the service providers. You understand and agree that HeyOuts is not a party to any agreements entered into between users and service providers, nor is HeyOuts a gym, studio or insurer. HeyOuts has no control over the behaviour or actions of service providers, users and other partners to the site, application and services or any workouts, and disclaims all liability in this regard to the maximum extent permitted by law.

You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, or by participating in the bonus- and thereto related programs, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and application. If you do not agree to these terms, then you have no right to access or use the site, application, services, or collective content or to participate in any bonus- or referral programs employed by HeyOuts. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

OWNERSHIP & COPYRIGHTS

All Intellectual Property to Content as defined below (except from User Generated Content) featured or displayed on the Site or via the Services, is the property of HeyOuts, its subsidiaries or HeyOuts’s business partners and is protected under Swedish and other copyright laws, patent and trademark laws and other legislation. “Content” includes but is not limited to logos, trademarks, design, structure, text, graphics, photographs, images, videos, audio, sound, illustrations, interfaces, Software data etc. incorporated into, accompanying or generated by the Software. HeyOuts, its subsidiaries and its respective partners reserves all rights to Content not expressly granted under these Terms. The HeyOuts name, the HeyOuts logo and other HeyOuts logos and product and names related to the Services are the exclusive trademarks of, and are owned by, HeyOuts and may not be used or displayed in any manner without the prior written permission from HeyOuts.

If you download Software, including any other Content, from the Site, associated sites and/or distribution channels, the Software is licensed to you by HeyOuts. HeyOuts does not transfer title to the Software to you. The license to use the software and services is limited, personally, non-exclusive, non-transferable and for non-commercial use only.

Any commercial use (such as advertising, solicitation and other commercial content) is subject to prior written agreement with HeyOuts.

You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right to the Site, Services, Software, Content, User Generated Content of other Users or any parts thereof. You agree not to use any data mining, robots, scraping or similar data gathering methods. A breach hereof may result in civil and criminal sanctions by HeyOuts and/or its partners.

PRIVACY

We don’t do any funky stuff with your private details, and would never ever give away your private email or phone number to any of our partners. For details on what we do, think and write about Privacy, please see our Privacy Policy!

CHANGES

HeyOuts reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Fees, Bonus, Credits and the alike, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

PAYMENTS

Our payment methods are pretty simple – unless otherwise specified, our one-off workouts are “cheaper than a frozen margarita”. Whereas there exist no official Global Frozen Margarita Index (we may create one. Sometime. Soon), we think that a workout should cost around 100 SEK, or in other countries otherwise equivalent. So in Sweden, it’s 99 SEK.
For sessions other than one-off sample workouts, other pricing may apply – such as for classes bought in bulk, memberships of any sort, other types of regular classes, or events. Unless otherwise specified, all workouts are charged onto your credit- or debit card that you may provide when paying the first time, or change at a later point in “Settings”.

In the event that HeyOuts pays or refunds a Service Provider or User, the receiver of such payment is responsible for paying and reporting any taxer or other fees related to such payment.

By paying for workouts, you are bound by the terms of Braintree, our payment service provider. For more info on Braintree’s terms, please visit www.braintree.com/terms.

REFUNDS

As money is charged immediately upon and after purchases no workouts are refunded regardless of if you were abducted by aliens or had a dentist appointment.

Should your session not be provided on the place and time specified, please contact us on hey (at) heyouts.com and we will sort out whatever went wrong!

LIMITATIONS

The studios may set limitations regarding how many times you can attend each workout each month and year. The limitations set by HeyOuts were as of writing absolutely none at all.
BONUS POINTS
We love to give presents*. Therefore, we award bonuses sometimes.
If you are paying with bonus points, no bonus or referral fees are awarded.
* Except for cake. We love cake. 

TERMINATION

Our goal is to provide an open, vibrant and positive community, where people feel at home. Therefore, it’s of uttermost importance to us that our users help us contribute towards this goal.   We want to be your friend forever.

Here’s our user pre-nup.

You shall not:

* create any account for anyone other than yourself without such person’s permission

* use the name of another person with the intent to impersonate that person

* use another HeyOuts account that is subject to any rights of a person other than you without appropriate authorization; or

* use a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

* create multiple accounts on the platform

HeyOuts reserves the right to refuse registration of, or cancel an account in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your HeyOuts password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify HeyOuts in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 18 years old. HeyOuts may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Website or Services in any way.

HeyOuts may terminate these Terms at any time without notice, or suspend or terminate your access and use of the Website and/or Products at any time, with or without cause, in Company’s sole discretion. In the event of termination, the intellectual property, disclaimers, and limitations of liability provisions set forth in these Terms will survive.

LIMITATION OF LIABILITY

We want to do everything we can to provide the best service, but you understand and agree that if something breaks and it wasn’t really our fault, don’t sue us. So, The HeyOuts services are provided “as is”, without express or implied warranty or condition of any kind. HeyOuts disclaims any general warranties or liability. You use the HeyOuts service at your own risk.

In addition, HeyOuts does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the HeyOuts Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that HeyOuts is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the HeyOuts Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from HeyOuts shall create any warranty on behalf of HeyOuts in this regard.

Some aspects of this section may not apply in some jurisdictions.

WAIVER

By signing up for, attending and/or participating in the workouts, events, activities, and other programs and using the locations and equipment of our partners or HeyOuts, the user hereby acknowledge on behalf of him or herself and anyone who may use their booking (not that your account is personal and for you only) that there are certain inherent risks and dangers in exercising and performing the activities related to the activities provided through the app.

The user must be aware that participating these activities requires strenuous physical activity, and that there are risks associated with such physical activity and my participation in those activities may provide injury or maybe even worse…!  Therefore, the user must also be certain not to expose him- or herself to current medical conditions that he or she is aware of.

Shit may happen, but suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to the user’s participation in the services provided with respect to bodily injury, physical harm, illness, death or property loss or damage, whether caused by the negligence of Releases or otherwise, should therefore be called upon HeyOuts nor any of its partners.

DISPUTE RESOLUTION

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Sweden, without regard to choice or conflicts of law principles. Further, you and HeyOuts agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with these Terms Of Service.

Thank you for reading our Terms Of Service. We hope you enjoy HeyOuts!