Terms of Use

The following terms and conditions of use (hereafter "Terms of use") of the website Trackmagic.io and its associated web, device, tablet and mobile apps (hereafter the App) regulate the use of this App. This service is provided by Crosscountry Aero Ltd (hereafter the Provider), registered in England and Whales with company number 08557428, VAT number: GB 172 1329 29, registered office address: Suite LP21576, 20-22 Wenlock Road, London, N1 7GU, United Kingdom.

The Provider makes this service available for private use by users of fitness tracking technology (hereafter Users) for their convenience as a workout visualization, analysis and sport-related content publishing and social tool. In addition, a variety of ranking services and other associated services may be provided in form of a competition (hereafter Competitions), to Users who have elected to participate in such services (hereafter Competitors). The service is also provided to the general public alike (hereafter General Public) for the purpose of viewing information that has been made public by Users and the Provider. The App may also provide additional services, which are covered by these terms.

Users and use of Data

Users are required to register with the App by providing their true identity and current contact email address. For legal and sporting reasons, it is essential that accurate and complete personal and sport affiliation (where applicable) information is provided.

Users may submit fitness tracking and associated data to the App, as well as enable the App to automatically collect such data from their personal accounts with providers of such information, should they wish to. When submitting such data for the purposes of a Competition, the User declares that this data is derived by his/her activities, that, where applicable, this data was derived from participation in sporting activities that adhered to applicable sporting regulations, sporting code of ethics and rules of sportsmanship and that all statements and declarations associated with this data are truthful, and that the data submitted has not been altered in any way.

By submitting fitness tracking data, the Participant grants the Provider the non-exclusive right to store and process this data. When electing to participate in a Competition, the User grants the Provider the irrevocable right to Publish the associated tracking data for view by the General Public. The User also grants the Provider the right to create, publish, and otherwise use derived works from this information and recognizes that such derived works are owned by the Provider, who maintains the copyright and all legal rights relating to the use of this data, including the transfer these derived works to 3rd parties on condition that such derivative data, when transferred to any 3rd party is anonymous and does not identify the individual in question. These rights are provided by the User to the Provider free of charge and with the agreement that no further claim, financial or legal redress shall be made by the User to the Provider arising from the use of this data by the Provider, or 3rd parties associated with this service.

The User also grants the Provider and its owners the right to make use of User data for purposes of marketing the Provider’s and any associated services to the User, on condition that this right is not transferable to 3rd parties that are not associated with the Provider.

Users may also submit content related to their sporting and fitness activities, including photographic images, text, links to external content, including video and other associated content. This content must be related to these personal activities and must conform to accepted norms of decency and sporting etiquette. Indecent, offensive, discriminatory material will not be tolerated. Use of the content publishing service for commercial reasons or financial gain without the express authorization of the Provider will not be permitted. The Provider reserves the right to alter or remove content that is not in agreement with these terms. Users may use the services made available by the App for the purposes intended, which include the visualization and analysis of fitness tracking data, the sharing of fitness and sport-related experiences and information, the discussion of related issues, the promotion of sport and the publication and promotion of sporting and fitness achievements and experiences. The Provider makes available the services of the App with the explicit understanding that they are made available for private use and that they are not suitable other purposes that are not intended.

Commercial or other use of data published by this App, other than as intended by the Provider, or transfer to 3rd parties is expressly prohibited. This limitation does not apply to the personal fitness tracking data provided by the User, for which the User maintains all rights of ownership. Consistent abuse of the fare use of resources and activities such as data mining, or systematic download of content available to the General Public in a way that is not intended through the normal use of the App may lead to the Provider terminating provision of services to the User. Breach of the terms of use of this App constitutes a revocation of all rights granted, past and present, from the Provider to the User.

Use of the App and its associated services is only allowed according to the terms specified herein. Any unauthorized use which does not agree with these terms constitutes a breach of agreement and allows the Provider to discontinue further use of the services by such User. The Provider reserves the rights to seek appropriate further action, as specified by law, in cases of breach of terms of use, were such action is warranted.

Copyright

When submitting content, including photographic images, text or other associated media, on the App for use by the General Public, the Participant grants the non-exclusive, non-transferable right to the Provider to store and publish this media on the App or in associated 3rd party services, through syndication or sharing through social media. The Participant must ensure that he/she has the rights to the content or has received authorization to publish the content on the App and grant the associated rights to the Provider.

The copyright for the content remains with the original creator and the Participant may choose to revoke the rights granted to the Provider by removing the content from the App. In any case, the Provider always retains the right to store removed content for technical reasons, such as for backup of application data.

Holders of copyrighted works appearing on the App without their permission should immediately contact the Provider for the removal of their work. Users who post copyrighted works without the right holder's permission shall be solely liable to claims made by owners of the rights.

All derived data presented on the App, including visualizations and derived works from fitness tracking data is copyright of Crosscountry Aero Ltd and all rights are reserved.

Fare use of resources

The App services are provided to the community by the Provider with the understanding that individual Users will make appropriate use of these services for their own private purposes and for the intentions specified herein. Excessive use of resources by an individual user, beyond the expected norms for intended use constitutes a threat to the availability of these services to the wider community and may in some cases impact an inordinate cost to the Provider for the operation of the App.

Such excessive or inappropriate use constitutes a breach the terms. The Provider may take appropriate measures to limit such abuse of resources including, but not limited to, restricting access to specific services or terminating provision of services to Users who abuse resources.

The Provider also reserves the right to alter the way in which resource-intensive services are provided to ensure that these services continue to be available to the community while resource abuse is minimized.

Terms and conditions for additional services

The Provider may offer additional services through this App, that are not covered by these terms and conditions. Users who have elected to receive such services will be notified of the additional terms and conditions covering these individual services at the time at which they will consent to the start of such services.

Any such terms and conditions for additional services can be accessed through the User’s account page and are additional to these Terms and Conditions.

Liability disclaimer

This service is provided "as is" and no warrantee is provided pursuant to its use. No claim is made as to the accuracy of data presented by the App or towards the availability of services on the App. The Provider reserves the right to modify the services provided, their availability or the terms of their use.

By using the services available on the App, User explicitly agrees that the Provider is not liable for any claims for monetary compensation or other legal redress by the User arising from the use of this service or from actions or events associated this its use.

By participating in any sporting or fitness activities associated with the App, including all activities for which tracking data has been posted by the User to the App, the User understands that it is their own personal duty to ensure that there are medically fit to participate in any such activities and that no claim will be made against the Provider by Users or persons associated or representing Users in relation to any activity associated with use of the App, including participation in Competitions.