RowingSTEM Terms And Conditions

Last updated: September 3rd, 2019

OVERVIEW.
RowingSTEM (this App) is owned and operated by Power Ten Development, LLC, (Power Ten, we, us, our). This app connects with a rowing machine and stores the various metrics outputted by the Bluetooth on the rowing machine. The app is used to help students understand how science applies to rowing. The Services are made available to you through the App and are subject to the following Terms and Conditions, as amended from time to time (Terms and Conditions).

GENERAL
By accessing and using this App, you agree to be bound by the following Terms and Conditions, which govern your access to and use of this App.
If you do not agree to these Terms and Conditions, you must not use or access this App. We reserve the right to amend or change these Terms and Conditions from time to time.

INFORMATION ABOUT THIS APP
This app connects with a Concept 2 rowing machine and stores the various metrics outputted by the Bluetooth functionality on the rowing machine. The app uses a sophisticated mathematical equation that analyzes your data and give you data stroke results.

You agree that information on this App may be derived from third party sources (data from the machine).  The information on this App is accurate and up to date; however, we make no representation or warranty as to the accuracy or currency of the information.

We may cease, interrupt or withdraw your access to the App for any reason, including for upgrades and maintenance of the App. This App includes services that are available via a mobile device. To the extent that you access the App through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.

We do not warrant that your access to the App will be uninterrupted or error free.

To the fullest extent permitted by applicable law, Power Ten Development, LLC does not accept liability for any claims or losses arising directly or indirectly from: failure to provide the App, or any part thereof;
corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, the App; any suspension or discontinuance of any Service, or any part thereof; or any use of the App by other users, including any use of the App by other users in manner which contravenes this document.

USER OBLIGATION
You hereby agree: not use the App in breach of any applicable laws or regulations, or in any way that is prohibited by these Terms and Conditions;
not use the App for any activity which infringes a third party’s rights or privacy; decompile the app or create unauthorized copies of the app, frame or mirror in any way any part of the App without our express prior written authorization or consent; You acknowledge that you are solely responsible of the data content of the app. and You acknowledge that you are solely responsible for all results of your actions from your use of the App.

HEALTH RISK
You understand that there are inherent risks associated with participating in any rowing exercise or activities, which may result in personal injury to you and you fully accept and agree to bear those risks.

You agree not to bring any claim or proceeding against Power Ten Development, LLC for any damage, loss or injury whatsoever that you may suffer through participating in any rowing exercise. We do not offer any medical coverage for bodily harm or injury that may result from providing or participating in the rowing exercise or activities using this app; and
You agree to indemnify Power Ten Development, LLC and each of the officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) of Power Ten Development, LLC against any claims arising out of your or your Affiliates’ breach of these Terms and Conditions (and any other terms and conditions which incorporate these Terms and Conditions).

WARRANTIES
You hereby warrant that you are capable of engaging in rowing exercise or activities and that you have been assessed as fit and healthy by a general practitioner before engaging any physical activities. In case you have any pre-existing health concerns, you agree to seek a professional medical assessment to assess whether you are capable of engaging with the relevant rowing exercise or physical activities.

TERMINATION OR SUSPENSION OF USE
We may suspend or terminate your access to the App, at any time without notice, due to your breach of these Terms and Conditions.

INTELLECTUAL PROPERTY
All trademarks, service marks and logos (Trade Marks) used in this App are registered or unregistered Trade Marks of Power Ten Development, LLC or its licensors. You may not copy, reproduce, adapt, distribute, sell, modify, publish, store or transmit any Trade Mark in any form, other than with the prior written consent of Power Ten Development, LLC, or as permitted by law.

DISCLAIMER
By using this App, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by this App or by any Third Party Content or Third Party Website.

GDPR COMPLIANCE STATEMENT
Power Ten Development, LLC complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are: 

Consent – We do not get data from our user secretly. We always ask you for consent in getting data from you.
Breach Notification – In the event of a breach we will notify affected users within 72 hours of first having become aware of the breach. 
Right to Access – Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, free of charge, in an electronic format.
Right to be Forgotten – Once we have compared your rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this


Data Portability – We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine-readable format’ and you have the right to transmit that data to another ‘controller’.
Privacy by Design – We implement appropriate technical and organizational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of data subjects’. We hold and process only the data absolutely necessary for the completion of our duties, as well as limiting the access to personal data to those needing to act out the processing. Details are stated in the privacy policy for RowingSTEM.

Users from Switzerland are not permitted to use any services provided by this app.

Open Source License Information

RowingSTEM uses the iOS Charts Framework

https://github.com/danielgindi/Charts

Copyright 2016-2019 Daniel Cohen Gindi & Philipp Jahoda

Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License.

You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Further Information: Power Ten Development, LLC has made a contribution to the authors of this component in recognition of the hard work put in by the authoring programmers.

JURISDICTION
These terms and conditions are governed by the laws of Oklahoma, USA, and you submit to the non-exclusive jurisdiction of the courts in that state.

CONTACT INFORMATION
If you have any queries regarding these terms and conditions, please contact us by email at neil@powertendevelopment.com.

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