Terms, Conditions & End-User License Agreement (EULA)
Updated March 16th 2019
Axir is made for active people. The community is what makes Axir so fun and easy. We are working hard to show you the best you people, events and posts, and making sure you don't see anything that's inappropriate or spammy. These guidelines are our acceptable use policy and clarify what we do and don't allow on Axir. If you come across content that seems to break these rules, you can report it here.
Objectionable Content Policy
Our team works hard to keep divisive, disturbing or unsafe content off Axir. Some types of content we delete, other stuff we just hide from public areas. We remove porn. We may hide nudity or erotica. We remove content that physically or sexually exploits people. We work with law enforcement to address the sexualization of minors. We remove images that show gratuitous violence or glorify violence. We remove anything that promotes self-harm, like self mutilation, eating disorders or drug abuse. We remove hate speech and discrimination, or groups and people that advocate either. We remove content used to threaten or organize violence or support violent organizations. We remove attacks on private people or sharing of personally identifiable information. We remove content used to sell or buy regulated goods, like drugs, alcohol, tobacco, firearms and other hazardous materials. We remove accounts that impersonate any person or organization. We will remove all content that includes, is in conjunction with or alongside any Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
Intellectual Property and Other Rights
To respect the rights of people on and off Axir, please: don't infringe anyone's intellectual property, privacy or other rights. Don't do anything or post any content that violates laws or regulations. Don't use Axir's name, logo or trademark in a way that confuses people. We shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to our Service. To the extent we are required to provide indemnification by applicable law, we, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that we or your use of our Service infringes any third party intellectual property right.
Site and App Security and Access
To keep Axir secure, we ask that you please: Don't try to interfere with people on Axir or our hosts or networks, like sending a virus, overloading, spamming or mail-bombing. Don't collect or store personally identifiable information from Axir or people on Axir without permission. Don't share your password, let anyone access your account or do anything that might put your account at risk. Don't sell access to your account or username, or otherwise transfer account features for compensation. Don't access, use or tamper with our systems or our technical providers' systems. Don't break or circumvent our security measures or test the vulnerability of our systems or networks. Don't use any undocumented or unsupported method to access, search, scrape, download or change any part of Axir. Don't try to reverse engineer our software.
Spam and Quality
We want Axir to be high-quality and useful, so we also remove spam and other disruptive content including: unsolicited commercial messages. Repetitive or unwanted content. Off-domain redirects, cloaking or other ways of obscuring where an event leads. Misleading content or behavior.
Your access to our Service may be terminated without warning if we believe, in its sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of our service, you agree to be bound by this Agreement in respect to your child’s use of our Service.
Together, we are Axir. Therefore, we want to encourage a positive and diverse
community. We remove content
that contains credible threats or hate speech, content that targets private individuals to degrade or shame
them, personal information meant to blackmail or harass someone, and repeated unwanted messages.
It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin,
gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases.
Serious threats of harm to public and personal safety aren't allowed. This includes specific threats of
physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of
threats and consider many things when determining whether a threat is credible.
If you see something that you think may violate our guidelines, please help us by reporting these users,
events, Get-togerths post or pictures and from our built it report option. For clear instructions, please see
our Help Center. We have a team that reviews these reports and works as quickly as possible to remove content
that doesn't meet our guidelines.
You may find content you don't like, but doesn't violate our Terms. If that happens, you can block
the user who shared it. For clear instructions, please see our Help Center.
1. You need to be at least 18 years old to access and use the Service.
2. You may not upload, display, send on or via the Service violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content.
3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account or any account rights. Axir prohibits the creation of an account for anyone other than yourself. You also represent that all information you provide or provided to Axir upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4. You agree that you will not solicit, collect or use the login credentials of other Axir users.
5. You are responsible for keeping your password secret and secure. For any disclosure of unauthorized credential you agree to notify and contact us here.
6. You must not upload nor send private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
7. You are solely responsible for any interaction with any other users. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
8. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
9. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
10. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, spots, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, share or display on or via the Service.
11. You must not change, modify, adapt or alter the Content or Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Axir.
12. You must not create or submit unwanted email, texts or other forms of commercial or harassing communications (a/k/a "spam") to any Axir users.
13. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
14. You may not share, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with our Terms.
15. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Axir page is rendered or displayed in a user's browser or device.
16. You must not create accounts with the Service through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
18. You may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavours, such as advertising or soliciting any user to buy or sell any products or services not offered by us. Trainers may not use Axir for any purpose except with our express consent (such as for promoted profiles, events, posts, spots or other advertisements), which Axir may provide or deny in its sole discretion. We may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Service.
1. We reserve the right to modify or terminate the Service or your access to the
Service for any reason,
without notice, at any time, and without liability to you. If we terminate your access to the Service your
photos, chats, profiles, events, posts, and all other data will no longer be accessible through your
2. We reserve the right to refuse access to the Service to anyone for any reason at any time.
4. You may contact us for help or customer service. You agree to be respectful and kind when communicating with us. If we think your behavior is careless, offensive or threatening toward us or the Service, we reserve the right to terminate the Service or your access to the Service without prior notification.
5. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that CatchApp may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
6. The user commits to compensate Axir of every harmful consequence directly or indirectly liked to the usage of the Service.
7. The Service is not responsible for the conduct of any user both through the Service and in case of meeting. In no event shall the Service, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. Exercise common sense and your best judgment when interacting with others. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off Axir or meet in person.
8. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in profiles or texts within the Service. The Service also includes third-party content that we do not control, maintain or endorse. You expressly acknowledge and agree that Axir is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
9. To access our Service you need internet connection. You agree that you are responsible for all data charges you incur through use of the Service.
10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles, events, posts and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Axir express consent).
1. You hereby grant to Axir a non-exclusive, fully paid, worldwide, transferable,
royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify
and distribute the Content that you post on or through the Service, subject to the Service's Privacy
2. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Axir may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
4. The Service contains content owned or licensed by Axir ("Axir Content"). Axir Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Axir, Axir owns and retains all rights in the Axir Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Axir Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Axir Content.
5. The Axir name and logo are trademarks of Axir, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Axir. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Axir, and may not be copied, imitated or used, in whole or in part, without prior written permission from Axir.
6. Although it is Axir intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Axir reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Axir, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Axir encourages you to maintain your own backup of your Content. In other words, Axir is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Axir will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
9. It is Axir's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Axir does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Axir is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Trainers and Coaches
Axir is just a platform that connects people. When coaches and trainers use the app to connect with the Axir community, Axir is not responsible for any physical, financial or property damage. Axir does not guarantee the participants or coach/trainer will show up to the event. Axir does not guarantee that trainers using the service are legally certified nor the veracity of the Content given or shown. In no case can Axir be responsible for any consequence of an interaction between users and trainers coaches.
Disclaimers of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, Axir CONTENT, IS PROVIDED ON AN "AS
IS", "AS AVAILABLE" AND "WITH
ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Axir NOR ITS PARENT COMPANY NOR ANY
THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "Axir PARTIES") MAKE ANY
WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Axir
CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Axir OR VIA THE
SERVICE. IN ADDITION, THE Axir PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE,
CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE Axir PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitations of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE AXIR PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES
OF ANY KIND (INCLUDING,
WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Axir
CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY
ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Axir PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING
YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER
INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE
USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE
ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Axir PARTIES HAVE
BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY
NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL
THE Axir PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION,
DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Axir PARTIES TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Axir'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE Axir PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE Axir PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Axir IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
We both agree to arbitrate. You and Axir agree to resolve any claim relating to these
final and binding individual arbitration and you waive your right to participate in a class action lawsuit or
class-wide arbitration, except if you opt-out or except for certain types of disputes described below:
You may opt out of this agreement to arbitrate. If you do so, neither you nor Axir can require the other to participate in an arbitration proceeding. To opt out, you must notify Axir in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
1133 6th street
Santa Monica, CA 90403, USA
You must include your name and residence address, the email address you use for your Axir account or username, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Axir.
Timer Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Axir must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Modifications of Terms
We may revise these Terms from time to time. If you don't agree to the updates we make, please delete your account and stop using the Service. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
1. These Terms constitute the entire agreement between you and the Service with
respect to the subject matter
of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and
conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary
2. The application is the sole and exclusive property of CatchApp Inc.
Lastly, be sure to follow all relevant laws and regulations