Willful designs products and tools that help you achieve your health and fitness goals and empower and inspire you to lead a healthier, more active life. These Terms of Service (“Terms”) apply to your access and use of the Willful Service. The “Willful Service” includes our devices including associated firmware, applications, software, websites, APIs, products, and services.

1. READ OUR PRIVACY POLICY

 

For information about our data practices, please see our Privacy Policy, including our Cookie Use statement. By accessing or using the Willful Service, you agree that we can collect and use your information in accordance with the Privacy Policy

 

2. USE OF THE Willful SERVICE

 

Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Willful Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Willful Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Willful Service.

 

You may only connect to the Willful Service using (i) a device that is manufactured, distributed, or sold by Willful itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the Willful Service with any device that is not manufactured, distributed, or sold by Willful itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Willful device); otherwise intends to resemble or purports to be a Willful device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Willful Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact brandprotection@Willful.com.

 

3. CREATING AN ACCOUNT

 

Full use of the Willful Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Willful is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support if you discover or suspect any security breach related to the Willful Service or your account.

 

4. NECESSARY EQUIPMENT

 

Full use of the Willful Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Willful Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

 

5. POSTING YOUR CONTENT ON THE Willful SERVICE

 

Willful may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via the Willful Service. You retain all rights to Your Content that you post to the Willful Service. By making Your Content available on or through the Willful Service you hereby grant to Willful a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Willful Service.

 

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.

 

You represent and warrant that Your Content, the use and provision of Your Content on the Willful Service, and your use of the Willful Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

 

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Willful Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Willful Service, or which may expose us or our users to any harm or liability of any type.

 

Willful may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Willful Service.

 

6. Willful’S RIGHTS

 

“Willful Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Willful Service. Willful Content, the Willful Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Willful Service. Our logos and any other Willful trademarks that may appear on the Willful Service, and the overall look and feel of the Willful Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Willful Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

 

7. WHAT YOU CAN DO ON THE Willful SERVICE

 

The Willful Service is intended for your personal, noncommercial use.

 

Willful grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Willful Service, (2) access and view the Willful Content, (3) access and use the software and mobile applications provided by the Willful Service, and (4) use the software that is embedded into Willful devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any Willful Service. This license is provided solely for your personal, noncommercial use and enjoyment of the Willful Service as permitted in these Terms.

 

You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Willful Content, Willful Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Willful or its licensors, except for the licenses and rights expressly granted in these Terms.

 

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Willful Service: (1) use, display, mirror, or frame the Willful Service or any individual element within the Willful Service, including the layout and design of any page, without Willful’s express written consent; (2) use Willful’s name, any Willful trademark or logo, or any Willful proprietary information without Willful’s express written consent; (3) access or tamper with non-public areas of the Willful Service, Willful’s computer systems, or the technical delivery systems of Willful’s providers; (4) test the vulnerability of any Willful system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Willful or any of Willful’s providers or any other third party (including another user) to protect the Willful Service; (6) access the Willful Service or Willful Content through the use of any mechanism other than through the use of an Authorized Connection, Willful Service, or Willful API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Willful provides to you or any other part of the Willful Service.

 

8. HYPERLINKS

 

You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Willful Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Willful’s sole discretion.

 

9. OUR ENFORCEMENT RIGHTS

 

We reserve the right (but are not required) to remove or disable access to the Willful Service, any Willful Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Willful Content, Your Content, or your use of the Willful Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Willful Service, and in response may take any action we may deem appropriate.

 

10. USE THE Willful SERVICE AT YOUR OWN RISK

 

If you rely on any Willful Content or the Willful Service, you do so solely at your own risk.

 

Our goal is to provide helpful and accurate information on the Willful Service, but we make no endorsement, representation, or warranty of any kind about any Willful Content, information, or services. The accuracy of the data collected and presented through the Willful Service is not intended to match that of medical devices or scientific measurement devices.

 

We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Willful Service. Willful Content and the Willful Service may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.

 

Use of the Willful Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the Willful Service, including those located on our Wear and Care page.