Home » App Terms of Service

App Terms of Service

Welcome to Myles Challenges. We want to make clear your rights and our rights relating to the provision of the Services defined below. By accessing, using or uploading or downloading any information or materials to or from the services, or by indicating your assent to these terms by creating an account, clicking ‘sign up’ or any similar mechanism you are agreeing to these terms. If you do not agree to the terms listed do no access or use the services. Please review the terms of service carefully before using the app.

If you access or use Myles Challenges on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on said affiliate.

Myles Challenges services cannot be provided and the agreement described in these Terms of Service cannot be performed without Myles Challenges processing data about you, and other Myles Challenges members. Processing of the data you share with Myles Challenges is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

Registration and Accounts

Myles Challenges is intended solely for persons who are 13 years old or higher. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

In registering to use Myles Challenges, you agree to (a) provide true, accurate, current and complete information about yourself (member data) and (b) maintain and update this data as it changes. You agree to Myles Challenges using this data to provide Services that you access or use in accordance with these Terms. Should you provide inaccurate or not current member data, or Myles Challenges has reasonable ground to suspect said data is inaccurate or not current, Myles Challenges has the right to terminate your account and refuse future use of its Services.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password.

You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Myles Challenges of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to Myles Challenges.

You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Myles Challenges to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

As Myles Challenges connects to Google Maps API, you hereby agree to be bound by the Google Maps / Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with you use of Myles Challenges.

Termination

You agree that Myles Challenges, may at any point, under certain serious circumstances, without prior notice terminate your account and/or access to Myles Challenges. Reasons for this include, but are not limited to, (a) breaches or violations of the Terms or other incorporated agreements, (b) requests by law enforcement or other government agencies, (c) a self-initiated request by you, (d) modification or discontinuance to the Services, (e)unexpected technical or security issues, (f) extended periods of inactivity, and/or non-payment of any fees owed by you in connection to use of Myles Challenges.

Termination of your account may include removal of access to Myles Challenges, deletion of your information and content related to your account and the barring of further use of the Services. You agree that all terminations for cause shall be made by Myles Challenges at its sole discretion and Myles Challenges shall not be liable to you or any third party for any termination of your account.

To terminate your account contact info@myleschallenges.com

App Trademarks Security and Terms

Myles Challenges is committed to ensuring that the app is as useful and efficient as possible. We reserve the right to make changes an updates to the app, including to charge for its services, at any time and for any reason. You will not be charged for the app or its services without it being made clear exactly what you are paying for.

The app and all trademarks, copyright, database rights and other intellectual property rights related to it, belong to Myles Challenges. You are not allowed to copy, modify or change any part of the app, or our trademarks in anyway. You are not allowed to attempt to extract the source code of the app nor translate the app into other languages, or develop derivative versions.

The Myles Challenges app stores and processes personal data provided by you in order to provide an effective, seamless Service. As a user you are responsible for keeping your phone and access to the app secure. We recommend that you do not jailbreak or root your phone, removing software restrictions and limitations imposed by the official operating system of your device may mean that the Myles app will not work properly or at all.

Myles Challenges uses third party services that declare their own Terms and Conditions which apply once an account is created. Links to Terms and Conditions of third party service providers used by the app:

  • Google Play Services
  • Google Analytics for Firebase
  • Firebase Crashlytics
  • Sentry

Certain functions of Myles Challenges require active internet connection. The connection can be Wi-Fi or provided by your mobile network provider. Myles Challenges does not take responsibility for the app notworking at full functionality if you do not have active internet connection, including access to Wi-Fi or no data allowance.

If using the app outside an area with Wi-Fi, remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charge by your network provider for the cost of data used whiles accessing the app. In creating an account, you accept responsibility for any such charges, including roaming data charges if you use the app outside of your home territory without turning off data roaming. If you are not the bill payer for the device with Myles Challenges downloaded, we will assume you have received permission from the bill payer for using Myles Challenges.

Myles Challenges cannot take responsibility for your use of the app. Myles Challenges does not accept responsibility if your device runs out of battery during use. Although we endeavour to ensure that the app is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Myles Challenges accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

Your privacy is extremely important to us and you can view how we collect and use your personal information in our Privacy Policy.

At some point, we may wish to update the app. The app is currently available on Android and iOS – the requirements for these systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Myles Challenges does not promise that it will always update the app so that it is relevant to you and/or works with the Android version that you have installed on your device. However, in creating an account you promise to accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Overview of rights

You are entitled to delete your account at any time.

You own your content, but give us a right to use it.

We expect members to act with respect and we reserve the right to delete your account if you act inappropriately.

Myles Challenges is not liable for any of your activities and no warranties are made by Myles Challenges.

If you have any questions or need help contact: info@myleschallenges.com

Member Content

Once an account is created with Myles Challenges, you own the information you make available in connection with the Services (‘Content’). This includes any data, text, software, photographs, graphics, video, messages, posts, tags or other materials whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram).

You grant Myles Challenges a non-exclusive, transferable, sub-licensable, royalty free, worldwide license to use, reproduce, modify, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with Myles Challenges in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your account.

In creating an account, you understand that you (and not Myles Challenges) are entirely responsible for all Content that you upload, post or otherwise make available via Myles Challenges. Myles Challenges does not proactively or routinely screen or monitor Content posted to Myles Challenges by others and, therefore, does not guarantee the accuracy, integrity or quality of such Content. Myles Challenges may, at its own discretion, monitor, refuse or remove any Content, or remove any Content that violates the Terms of Service.

When creating an account, you understand that by using the Services, you may be exposed to Content that is offensive or indecent. Under no circumstances will Myles Challenges be liable in any way for any Content, including, but not limited to, any errors or omissions in and Content, or any loss or damage of any kind incurred as a result od the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness or usefulness of such Content.

You agree that Myles Challenges is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Myles Challenges, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Myles Challenges is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Myles Challenges in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of Myles Challenges other than as set forth in our Privacy Policy and your privacy controls, and Myles Challenges will not be liable for any use or disclosure of any Content you provide.

You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Myles Challenges service without compensation to you.

You shall at all times exercise common sense and good judgement when dealing with any users of Myles Challenges. Myles Challenges is not directly involved in the actual interactions between members. Myles Challenges has no control over the accuracy, quality or safety of posts made by other users. Myles Challenges has no responsibility to confirm the identity of users, qualifications, backgrounds or abilities of the users.

Conduct

We expect all users to use good judgement and consider the risks of your activities before getting started. We expect users to use common sense, not put yourself in danger and priorities your own safety.

It is expected that users are courteous to other all other members using the platform. It is expected that members obey all laws and rules related to their activities. Do not use illegal or closed trails, or trespass on private property.

Myles Challenges is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, transfer or sell for any commercial purposes any portion of Myles Challenges. Myles Challenges may not be used to assist or encourage any other party to engage in these Prohibited Activities:

  • Copying, framing or mirroring any part of the Services;
  • Accessing the Services to monitor its performance / functionality or availability;
  • Permitting any third party to access the Services;
  • Using or otherwise attempting to extract the source code of the software unless expressly permitted or required by law, and in any case, without providing prior written notice to Myles Challenges;
  • Publishing, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites; (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information; or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations;
  • Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Myles internet protocol space;
  • Avoiding payment of fees payable in relation to Myles Challenges;
  • Distributing, or disclosing any part of the Services in any medium;
  • Using any automated system to access the Services in a manner that sends more request messages to Myles Challenges than a human can reasonably produce in the same period of time by using a conventional web browser;
  • Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
  • Using the Services for any inappropriate commercial solicitation purposes;
  • Accessing any content on the Services through any technology or means other than those provided or authorized by Myles Challenges;
  • Submitting to Myles Challenges any personally identifiable information, except as necessary for the establishment and operation of your account;
  • Bypassing any measures we use to prevent or restrict access to the Services, including, without limitation, features that prevent copying of any content;
  • Violating any applicable law, statute, or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
  • Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
  • Executing any form of network monitoring or running a network analyser or other technology to intercept, decode, mine or display any packets used to communicate between Myles Challenges servers or any data not intended for you.

You are granted a limited, non-exclusive right to create a text hyperlink for non-commercial use only, provided such link does not portray Myles Challenges (including any of its products or services) in a false, derogatory, defamatory or misleading manner. The linking site must not contain an illegal, offensive, pornographic, harassing or otherwise objectionable material.

You are granted a right to implement and RSS feeds located on Myles Challenges for your personal use. However we reserve the right to revoke these licenses generally at any time, with or without cause.

You accept that certain features of Myles Challenges may require you to purchase third party equipment or materials. While Myles Challenges may recommend the third party materials, Myles Challenges have no responsibility for your acquisition or use of the material and does not guarantee the material will be error-free.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

Payments and Fees

In order to access certain functions, you may be required to pay membership or challenge fees on a monthly or annual basis. You agree to pay the membership fees, and other charges you incur in connection with your Myles Challenges account, whether on a one-time or subscription basis. Myles Challenges reserves the right to increase membership fees or to institute new fees at any time upon reasonable advance notice.

To pay any fees related to the use of Myles Challenges, you must designate and provide information about your preferred payment method, for example; credit card, online payment service, a third party (Apple Pay, Google Pay or PayPal), or any other payment method available by Myles Challenges.

If you provide your payment information, you authorise us and certain third party services providers, payment card networks and payment processors to receive, store and encrypt your payment information.

No refunds or credits will be provided by Myles Challenges, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method on Myles, please contact us immediately via info@myleschallenges.com

Third Parties

If third party products are made available via Myles Challenges, when you purchase any such product or service, you accept that you are contracting directly with such third party and not with Myles Challenges (this includes payment, delivery and all other terms). You are not obligated to use or purchase from any third party linked with Myles Challenges. 

You agree that Myles Challenges shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers connect to Myles Challenges.

Myles Challenges does not endorse and is not responsible or liable for any content, information, advertising, products or other material made available by Myles Challenges or third parties via links to other internet / external sites.

Electronic Communications

Myles Challenges may provide the ability to send or post messages to forums, chat rooms, or communicate to third party service providers, advertisers, your personal contacts or other users. You agree to use these communication methods appropriately and to only send communications related to the subject matter.

By using communications methods available on Myles Challenges, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Myles Challenges (unless expressly stated otherwise) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Myles Challenges and Myles Challenges reserves the right to do so at any time at its sole discretion.

Disclaimer of Liability and Warranties

The information, software, products, services and content provided by Myles Challenges are provided ‘as is’ without warranty. Myles Challenges and its affiliates, employees, agents, and partners disclaim all warranties with regard to such information, software, products, services and content. Myles Challenges and its affiliates, employees, agents and partners make no warranty that (a) the service will meet your requirements; (b) that your content will be available and the service uninterrupted, timely, secure or error free; (c) the results obtained from the service will be accurate or reliable; (d) that the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected.

You expressly agree that Myles Challenges is not providing medical advice via the content provided. This includes all text, photographs, images, illustrations, graphics, audio, videos, audio-clips and other material provided by us and any third parties. Any information provided should not be used in place of advice from your own doctor or other medical professionals. Should you have an emergency contact emergency services or your local general practitioner. You should never disregard medical advice or delay seeking medical advice because of any content on Myles Challenges. Myles Challenges should not be used to diagnose or treat any health conditions. The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Myles Challenges. 

You expressly agree that your athletic activities (including, but not limited to, cycling, walking or running) carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Myles Challenges or by the action, inaction or negligence of others.

You expressly agree that Myles Challenges does not assume responsibility for the supervision, preparation or conduct of any race, contest, challenge or group activity that utilises Myles Challenges. This includes any events that are organised by a club administrator.

In creating an account with Myles Challenges, you expressly agree to release Myles Challenges, its representatives, employees, partners and licensors from any and all liability in connection with your athletic activities and/or use of the Myles Challenges website, mobile applications, content, services or products, and promise not bring legal action for any claims, actions, injuries, damages, or losses associated with such use.

In creating an account with Myles Challenges you also agree that in no event shall Myles Challenges be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the services, (b) your dealings with third-party service providers or advertisers available through the services, (c) any delay or inability to use the services experienced by you, or (d) any information, software, products, services or content obtained through the services, whether based on contract, tort, strict liability or otherwise, even if Myles Challenges has been advised of the possibility of damages.

Myles Challenges does not endorse your content or any other user’s content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content on the service.

If you are a consumer residing in the European Union, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.

Indemnity

You agree to indemnify and hold Myles Challenges, its affiliates, agents, employees, partners and licensors harmless from any claim or demand. This includes reasonable solicitor fees, made by any third party due to or arising out of content you submit, post or otherwise make available through Myles, your violation of the Terms, you violation of any data protection or privacy laws, or your violation of any rights of another person or entity.

Your rights with respect to Myles Challenges are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of Myles Challenges, do not permit it.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and Myles Challenges as a result of the Terms or your use of Myles Challenges. These Terms constitute the agreement between you and Myles Challenges in respect of your use. The failure of Myles Challenges to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Myles Challenges. Myles Challenges has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfil its duties and obligations under these Terms and in connection with Myles Challenges. Myles Challenges’ notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms

Myles Challenges reserves the right to update the Terms at any time, for any reason in its sole discretion. We advise that this page is reviewed periodically for any changes. By continuing to access or use Myles Challenges, you are agreeing to be bound by the modified Terms. If the Terms are no acceptable to you, your only recourse is to cease using Myles Challenges.

Myles Challenges and its third party service providers may make improvements and/or changes in the products, mobile applications, features, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop Myles Challenges. Myles Challenges reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any portion thereof with or without notice. You agree that Myles Challenges shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Service.

These terms and conditions are effective as of 16th August 2020

Please direct any related questions to info@myleschallenges.com