Last updated: 31 Oct 2020 | 18:25
This Fettle Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Fettle, (Registered as Zing Fit Ltd : Company number SC519766). (“Fettle,” “we,” “us,” or “our”) and you, our user (“you” or “your”). This Agreement governs your use of Fettle owned-and-operated websites, applications, video players (collectively, the “Services”). This includes our Fettle dashboard, website API, web, TV, virtual assistant, Roku and mobile applications.
These Terms of Service govern your use of the Services. If you disagree with these Terms of Service or any part of these Terms of Service, you must not use the Services.
You must be at least 18 years of age to use the Services. By using the Services and agreeing to these Terms of Service you warrant and represent that you are at least 18 years of age.
Registration: You may create an account to gain access to your Services and to access the features we offer (e.g. uploading or live streaming videos). To do so, you must provide an email address. By creating an account, you agree to receive notices from Fettle at this email address.
In order to use the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated.
You shall not:
select or use as a username a name of another person with the intent to impersonate that person;
use as a username a name subject to any rights of a person other than you without appropriate authorization;
use, as a username, a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Team Members: Certain subscription plans may allow you to grant other registered users (“team members”) access to the Account. Both you and each team member is deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
In order to use the Services to monitise your content and collect revenues you must agree to become a Client ("Client") of Fettle. To become a Client you must accept a Client Agreement ("Client Agreement") which defines the conditions of setting up your Tenant to recieve payment for the content you publish.
The Client Agreement is as follows:
Plan Types: We offer two plans which enable you to monetise your shared content. You may agree to accept a “Studio” plan (you sign up online) or an “Enterprise” plan (you work with a sales representative and execute an individualized agreement). Advertised prices and features may change.
Fees: Fettle will take a fee in the form of an application fee which will be a percentage of all payments made to the Client. The application fee will be based on plan type (see fettle.io/pricing) which will be agreed with you prior to accepting the Client Agreement. An application fee will be based on payments taken by the Payment Processor and apply to subscriptions or pay-per-view content. The agreed application fee will remain fixed during the Term period unless written notice is given in advance of 120 days.
Effective date: The effective date of the Client Agreement is defined as when the Client Agreement is accepted by clicking on an acceptance box on the payment page of the Tenant prior to setting up your bank account on the Services.
Taking Payment: We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Term: The Term of the Client Agreement shall commence as of the Effective date until Termination. The terms and conditions and Fees will remain fixed during the Term unless Fettle provides written notice of a change to the Terms (including pricing increase) at least 120 days during the Term which case the pricing increase will be effective upon renewal and thereafter.
Taxes: You are responsible for any local Taxes that apply to the business as required by the laws under the durasdiction of the state, region or locality.
Termination: Fettle may terminate the Client Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts. You may breach the Client Agreement by breaching any of Fettles Terms of Service, If you breach the Client Agreement , Fettle may, at its option: (a) terminate the Client Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Fettle deletes your account for breach, you may not re-register.
Right to transfer of content and materials: Fettle will provide the mechanisms to allow the extraction of all content and data at any time. If the agreement has been terminated your right to transfer will still remain provided the termination has not been due to a breach. If the termination has be due to a breach, Fettle will not be obliged to reserve your right to transfer.
Client Terms: Clients may submit your own disclaimers, advice, terms and legal guidance as content, by accepting the Client Agreement you accept that no advice, terms, or guidance, legal or professional submited to the Services, will circumvent or supercede Fettles Terms of Service
Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO profile > payments.
Free trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Refund Policy: Subject to the terms hereof, Studio subscribers who purchase plans directly from Fettle customers may cancel and receive a full refund of their initial purchase within thirty (30) days after purchasing an annual plan and five (5) days after purchasing a monthly plan. Our refund policy does not apply to:
How to Decline Renewal: Studio subscribers may opt out of automatic renewal by changing their account settings. Enterprise plan customers may opt out according to the Enterprise Terms. Any opt-out or notice of non-renewal will not affect the current subscription period. Fettle may decline renewals.
Lapse Policy: When a subscription ends, the account will, at Fettles option, revert to free account status or will be deleted. Any content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. Fettle shall not be responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require Fettle to provide any level of post-subscription account status.
Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing.
Payment processing services for connected accounts on Fettle are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a tenant on Fettle, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Fettle enabling payment processing services through Stripe, you agree to provide Fettle accurate and complete information about you and your business, and you authorize Fettle to share it and transaction information related to your use of the payment processing services provided by Stripe.
We may allow you to upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section
Fettle may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Fettle may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
You may only upload content that you have the right to upload and share. Copyright owners may send Fettle a takedown notice as stated in our Copyright Policy if they believe Fettle is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
You may not submit any content that:
Code of Conduct
In using our Services, you may not:
You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Services without Fettle's express written consent.
You must not use the Services to transmit or send unsolicited commercial communications.
You must not use the Services for any purposes related to marketing without Fettle's express written consent.
Access to certain areas of the Services are restricted. Fettle reserves the right to restrict access to other areas of the Services, or indeed all of the Services, at Fettle's discretion.
If Fettle provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
As between you and Fettle, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow Fettle to host and stream your content, you grant Fettle the permissions set forth below.
Your Video Content
By submitting content, you grant Fettle permission to:
Stream the content to end users;
Distribute the content via our APIs;
Make the content available for download;
Transcode the content (create compressed versions of your content file that are optimized for streaming); and
Generate stills (i.e., “thumbnails”) from your content to represent it (if you have not selected one).
Use your content to 'train' deep learning systems which may generate algorythms derived from your content.
If you have enabled a content privacy setting or disabled downloading or embedding, we will limit distribution of your content pursuant to your selection. By enabling access to your content to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your content. For the purposes of this Section 6.1, your content includes its title, description, tags, and other metadata.
The license period begins when you submit the content to Fettle and ends when you or Fettle delete it; provided that Fettle may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when Fettle in good faith believes that it is legally obligated to do so.
Fettle Created Content
You may submit certain content to us for the purpose of creating a new piece of content using our Fettle services. These submissions, and the resulting content, are governed by these Terms of Service.
You grant Fettle permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Fettle shall have the right to identify public profiles in its marketing and investor materials.
Other Content; Feedback
Content that is not covered by the licenses set forth in these Terms(e.g., text you submit in comments). You grant Fettle a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to Fettle on improving our products or services, Fettle may use your suggestions without any compensation to you.
Scope of Licenses
All licenses granted by you in this Section are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to Fettle; rather, any breach of a term by Fettle hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
UNDER NO CIRCUMSTANCES WILL FETTLE BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMMISSIONS IN THE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT COMMUNICATED IN THE SERVICES. WHETHER BY YOU, BY FETTLE OR BY ANY THIRD PARTY. IN NO EVENT SHALL FETTLE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INJURY, LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE OR PERFORMANCE OF ANY INFORMATION COMMUNICATED BY OUR SERVICES.
Limitiations of liability:
Fettle will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Services:
to the extent that the Services are provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Fettle has been expressly advised of the potential loss.
You will indemnify, defend, and hold harmless Fettle and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
Nothing in the Services disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Services disclaimer will exclude or limit Fettle's liability in respect of any:
death or personal injury caused by Fettle's negligence;
fraud or fraudulent misrepresentation on the part of Fettle; or
matter which it would be illegal or unlawful for Fettle to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using the Services, you agree that the exclusions and limitations of liability set out in the Terms of Service are reasonable.
If you do not think they are reasonable, you must not use the Services.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Force Majeure: Fettle will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Fettle's reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Fettle shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
FETTLE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, FETTLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Fettle makes no representations or warranties:
That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
Concerning any content submitted by or actions of our users;
That any geo-filtering or digital rights management solution that we might offer will be effective;
That our Services will meet your business or professional needs;
That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
Concerning any third-party websites and resources.
Without prejudice to Fettle's other rights under these terms and conditions, if you breach these terms and conditions in any way, Fettle may take such action as Fettle deems appropriate to deal with the breach, including suspending your access to the Services, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Fettle may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Fettle will provide a date with each update.
Fettle may transfer, sub-contract or otherwise deal with Fettle's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions will be governed by and construed in accordance with UK Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the United Kingdom of Great Britain.