Terms of use for Players Strive Wearables App

Thank you for signing to use Strive Tech’s Wearables Application (the “App”). You are eligible to use the App because you have been invited by your Team. These Terms of Use are our mutual agreement with you. By using the App you agree to these Terms.

Subscription. Your Team has paid a subscription fee for its players to use the App. The App collects data from Strive wearable clothing and related products (“Wearables”), analyzes the data, and reports information back to you and the Team (the “Service”). Your use of the App is conditioned on your complying with these Terms and your Team complying with its agreement with us.

Personally Identifiable Information. To use the App you will need to give your name (or possibly your jersey number in lieu of your name) and your phone number. This is the only personally identifying information (“PII“) that we will collect from you to use the App. Strive Tech will use PII to enable the Team and its players to use the App. We will delete your PII when the Team stops using the Service. Please refer to our Privacy Policy (https://www.wearstrive.com/privacy-policy) for more details about how we use and protect PII.

Ownership and use of Collected Data. You hereby grant to your Team and Strive permission to collect motion and biometric data from the Wearables and collect answers to your survey questions (if your Team also uses our Survey Service) for purposes of providing analysis and feedback to you and the Team. All collected data (motion, biometric, and survey answers) will be considered data that is owned by the Team. The Team has agreed to keep your data confidential unless you grant permission for them to disclose it. You agree that your Team may use collected data to assist you in improving your performance. Strive Tech will keep all data confidential. When your Team stops using the Service, we will give them a final copy of all collected data. Unless you affirmatively grant us permission to retain your name and phone number (see below), we will delete it from the data file. In any case we will delete and destroy any means to connect your name with collected data or identify you. We will retain collected data in anonymized format. Anonymized means that all PII and any information that connects collected data to an individual will be removed and permanently deleted from our systems. You agree that we may retain and use the anonymized data for any lawful purpose, including but not limited to commercialization. To the extent you have any ownership interest in anonymized data you hereby grant to Strive a perpetual, royalty-free license to use the anonymized data for any lawful purpose.

Personal Contact Information. When you create an account on the app, you will be given the opportunity to allow us to retain your name in order to contact you in the future regarding additional services. You will have the ability at any time to opt out of any such communications.

Not Medical Advice. Strive Tech does not provide medical advice. The App is not intended to diagnose, cure, mitigate, treat, or prevent any condition, or to be a substitute for professional medical care. Data reporting and analysis are intended for informational and educational purposes only, to support performance analysis and general health and wellness.

Your Responsibility. You agree to follow Strive’s usage and care guidelines with respect to the Wearables, and to answer survey questions honestly. You agree not to use profane or abusive language in your survey responses.

No Warranty. You use the App at your own risk. Strive Tech makes no representation or warranty regarding the suitability of the App for your particular purposes and disclaims all warranties. 

Limitation of Liability. You agree that to the maximum extent lawful, Strive Tech will only be liable to the you for direct, proximately caused damages arising out of or in connection with the App and the Service. Strive Tech will not be responsible for remote, indirect, consequential, or special damages. Strive Tech’s maximum liability to you will be your share (based on the number of players on your Team) of the amount of subscription fees that your Team has paid to Strive Tech.

Governing Law; Disputes. These Terms of Use are governed by Washington law. You and we agree that the proper venue for any legal proceeding is in the state or federal courts located in King County, Washington, and both parties submit to jurisdiction there. In any legal proceeding, the non-prevailing party will pay the prevailing party’s costs and expenses, including but not limited to, reasonable attorney fees.

Modification. Strive Tech reserves the right, at its sole discretion, to modify or terminate App or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will notify you through the App. By continuing to access or use the App after we have notified you of an amendment, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your must cease accessing and using the App.

Contacting Us. If you have any questions about these Terms of Use, please email us at info@wearstrive.com.