Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY. YOU ARE AGREEING TO BE BOUND BY THESE TERMS.
THE SERVICE The Service is comprised of (i) the Alto app (“App”); (ii) the Alto website, currently located at (and/or any successor or additional website(s) owned or operated by or for Alto)(“Site”); and (iii) any other technology and/or services that Alto provides its users. Alto reserves the right, in its absolute discretion, to withdraw or modify the Service at any time without prior notice and with no liability.
USER DATA/ MATERIAL The Service may enable you to make content available to other users of the Service, such as trainers or friends with whom you choose to work out, your physician, or your health insurance carrier, and to access content made available by such persons or other users of the Service as you may direct. “User Data/Material” is any material you provide through the use of the Service, including but not limited to, text, data, software, graphics, images (e.g. photos, drawings), audio, video, interactive features, feedback, ratings, suggestions and comments (e.g. to bulletin boards, chats, discussion groups, feedback areas, newsgroups or e-mail). You are solely responsible for any User Data/Material that you upload and publish to the Service, including complying with these Terms. In order to upload any User Data/Material to the Service, you must have “accepted” these Terms before submitting the User Data/Material through the Service, and you must have an active, authorized account with Alto.
You retain all of your rights in your User Data/Material. You shall be solely responsible for your own User Data/Material and the consequences of posting or publishing it on the Service. In connection with User Data/Material that you make available on the Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Alto to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Data/Material to enable inclusion and use of the User Data/Material as part of the Service and in the manner contemplated by these Terms. By submitting, posting, uploading, or otherwise providing User Data/Material to Alto, you hereby grant (or warrant that the owner of such rights has expressly granted) Alto a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Data/Material in connection with the Service and Alto (and its successors) business as permitted hereunder. You hereby waive all moral rights to the User Data/Material for the benefit of authorized uses by Alto. You also hereby grant, to each authorized user of the Service whom you authorize to receive your User Data/Material, a non-exclusive license to access your User Data/Material through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Data/Material as permitted through the functionality of the Service and under these Terms.
Alto shall have no obligation to monitor any User Data/Material. However, Alto and its agents reserve the right to monitor any User Data/Material from time to time for any lawful purpose. Alto may, without notice to you, remove or block any User Data/Material from the Service, including disabling access to any User Data/Material that you have downloaded through the Service.
You acknowledge and agree that Alto has limited practical ability to control or monitor possible infringement of your rights in User Data/Material by other parties and that Alto assumes no responsibility for controlling or monitoring for possible infringement of such rights by third parties. In addition, Alto is not responsible for enforcing your rights in User Data/Materials, including filing suit or taking other legal action against infringers. You acknowledge and agree that the internet or other communications channels through which you may post or access User Data/Material may not be secure, and that Alto is not responsible for the security of your User Data/Material in transit to or from Alto.
REGISTRATION Registration and setting up an Alto account are required to view most User Data/Material provided as part of the Service, to use certain functionality of the Service, to post User Data/Material, and to participate in programs we may sponsor from time to time. All users of the Service who wish to schedule or participate in a session with a trainer through the Service must register.
CONTENT ON THE SERVICE You understand that by using the Service you may be exposed to User Data/Material from a variety of sources, and to content from various publishers, as well as to Alto Content (defined below), and that Alto is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content or User Data/Material. You further understand and acknowledge that you may be exposed to content or User Data/Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Alto with respect thereto.
You acknowledge and agree that the views expressed through the Service reflect those of the individual contributors and not necessarily those of Alto.
USER CONDUCT As a condition of use, you agree not to use the Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the Service is expressly prohibited.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Data/Material using any communications service or other service available on or through the Service, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or (ii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or (iii) misrepresents the source or identity of any content; or (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme or any other similar solicitation; or (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Alto or any third party; or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Alto; or (vii) constitutes an offer, for sale or otherwise, of firearms, explosives, weapons, tobacco products, controlled substances, pharmaceutical products, counterfeit or stolen articles, registered or unregistered securities, or any items that would cause Alto to violate any applicable law or regulation; or (viii) interferes with the ability of any other user to access and make use of the Service. Alto may, but has no obligation to, monitor your use of the Service and terminate your account for violation of the above.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Alto’s sole discretion, an unreasonable or disproportionately large load on Alto’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Alto may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (iv) interfere with any other user’s enjoyment of the Service, including, without limitation, accessing an Alto account of an Alto user that is not yours.
You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer or sublicense any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to create an account or access the Service in a manner which sends more request messages to the Alto server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials; provided, that we reserve the right to revoke these exceptions either generally or in specific cases.
You agree that you shall not harvest or collect information from the Service, including, without limitation, information about other users of the Service. The use of any information learned through the Service or while in the App or the Site is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited.
If you are a trainer, you agree that you will not schedule a session with any current or former user of the Service except through the Service.
OWNERSHIP Except for User Data/Material, the content accessible through the Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features (collectively, the “Alto Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Alto, and subject to copyright and other intellectual property rights under United States and foreign laws and international are conventions. Except as set forth in these Terms, the Alto Content, Marks, and User Data/Material are provided to you for your information and non-commercial, personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these Terms or without the prior written consent of the respective owners. Alto reserves all rights not expressly granted in and to the Service and the Alto Content. If you download or print a copy of the Alto Content, or User Data/Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Alto Content, Marks or User Data/Material.
COPYRIGHT POLICY Alto respects the rights of copyright holders. We reserve the right to terminate the access, profile or agreement with any user of the Service who infringes third party copyright or other third party intellectual property rights upon prompt notification to us by the third party rights holder or its legal agent. Without limiting the foregoing, any person who or which believes that his, her or its intellectual property has been copied and posted via the Service in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Service of the property that is claimed to be infringed; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Notices to us regarding any alleged infringement should be directed to us at firstname.lastname@example.org
TERMINATION Alto may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Service at any time, provided that all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If you terminate your account, you may permanently lose access to all User Data/Materials you submitted to or through the Service.
DISCLAIMER OF WARRANTY THE SERVICE, ALTO CONTENT AND MARKS ARE PROVIDED BY ALTO “AS IS” AND “AS AVAILABLE”. ALTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALTO DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES).
LIMITATION OF LIABILITY IN NO EVENT SHALL ALTO OR ITS AFFILIATES, OWNERS, MANAGERS, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SERVICE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ALTO, ITS SERVICE USERS, OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALTO ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO ANY USER DATA/MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; ANY UNAUTHORIZED ACCESS TO OR USE OF THE ALTO SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT, INCLUDING ANY USER DATA/MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, ALTO DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE, INCLUDING TRAINING SERVICES, ADVERTISED OR OFFERED BY ANY TRAINER OR OTHER THIRD PARTY THROUGH THE SERVICE. ALTO WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND ANY TRAINER OR OTHER THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE OWNER OR OPERATOR OF ANY PHYSICAL LOCATION AT WHICH YOU CONSUME ANY TRAINING SERVICES OR PERFORM ANY PHYSICAL ACTIVITIES), WITH RESPECT THERETO, OR ANY PHYSICAL ACTIVITIES IN WHICH YOU MAY ENGAGE WITH SUCH TRAINER OR THIRD PARTY, WITHOUT REGARD TO THE PHYSICAL LOCATION IN WHICH YOU MAY ENGAGE IN SUCH ACTIVITIES.
YOU SPECIFICALLY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION You agree to defend, indemnify and hold harmless Alto and its owners, managers, affiliates, subsidiaries and distribution partners and their respective owners, officers, managers, directors, employees and/or agents (collectively, “Alto Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Data/Material you upload and publish on the Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Alto Indemnitees. Alto shall have the right, in its sole discretion, to select its own legal counsel to defend the Alto Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorney’s fees incurred by the Alto Indemnitees in connection therewith. You shall not, without the prior express written approval of Alto, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Alto Indemnitee. This defense and indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. Although Alto will not be liable for your losses caused by any unauthorized use of your Alto account, you may be liable for the losses of Alto or others due to such unauthorized use.
PAYMENT Before you begin to use our Service under your Alto account, you will be required purchase credits for your lessons. You agree to pay all fees charged to your Alto account based on Alto’s fees & charges. If your Payment Method cannot be charged for any reason, Alto reserves the right to either suspend or terminate your Alto account and terminate these Terms of Service. All payments will be in US dollars. All payments will be processed by our third-party payment partner, subject to our partner’s terms and conditions www.stripe.com
Alto and Alto's third party payment service provider may receive updated Payment Method information from your credit card or Payment Method issuer. Such updated Payment Method information, if provided, is provided to Alto and Alto's third party payment service provider at the election of your credit card and Payment Method issuer. Neither Alto nor Alto's third party payment service provider is responsible for the dissemination of your credit card or Payment Method information. It is at the sole election of your credit card or Payment Method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or Payment Method issuer with regards to your right to opt out of the update service.
Acceptance. If you do not accept all of the terms and conditions set forth in these Terms, you may not access or use the Service.
Ability to Accept. The Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these Terms.
Modification. Alto shall have the right to modify these Terms at any time, which modification shall be effective immediately following Alto’s posting of such change on the Site. We recommend that you check the Site regularly for any such changes. Your use of the Service following such posting shall be deemed to constitute your acceptance of such modification.
Enforceability and Waiver. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure by Alto to exercise or enforce any of its rights under these Terms will act as a waiver of such rights.
Links to Third Party Websites. As a convenience for its users, Alto may provide links on the Site to other websites owned by third parties. Unless otherwise stated, Alto does not endorse or control these third parties and takes no responsibility for them or their websites.
Export and International Use. The Service is controlled and offered by Alto from its facilities in the United States of America. Alto makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of New York without regard to or application of choice of law rules or principles (“New York Law”). You agree that the Service shall be deemed to be solely based in the State of New York, and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Alto, either specific or general, in jurisdictions other than the State of New York. To the extent that a court of competent jurisdiction holds that these Terms are not governed by New York Law, in whole or in part, you hereby agree that these Terms shall be amended as necessary to comply with the laws applied by such court.
Transferability. Alto may transfer this Agreement in whole or in part in its sole discretion.