GymPACT POLICY

Last Updated: 14 July 2014

Pact, Inc. (Pact) owns and operates the website http://www.pactapp.com (the Site). Pact also develops, operates and distributes certain software applications (Apps), which include hosted applications and applications for mobile devices. The Site and the Apps, together with all content, forums, information sharing functions (including the ability to post User-generated content, User Content), tools, transactions and other services available at the Site or by using the Apps, are collectively referred to as the Service.

The following GymPact Policy explains the terms and conditions pursuant to which Clients may incentivize their exercise programs by establishing separate contracts (GymPacts) with Pact. Capitalized terms used herein without definition will have the same meanings as defined in the Terms of Service applicable to the Site, Apps, Pacts and Service, which are available at http://www.pactapp.com/legal/tos.

1. GYMPACTS

Promise. Client promises that he or she will fulfill his or her GymPact, as more fully specified on the profile page summarizing the GymPact (My Profile Page), which is displayed at the App (or Site, if applicable) when Client accepts the GymPact. The data used to generate the My Profile Page will be uniquely identified and retained by Pact so that the My Profile Page can be automatically generated in the future. GymPacts are specified on a weekly basis (Monday through Sunday) and renew automatically, week to week, except as otherwise provided in this GymPact Policy or the Terms of Service. Clients may opt-out of their GymPact or modify their GymPact commitments for the following week at any time prior to midnight (local time zone) Sunday of the prior week. If a Client makes any modifications to his or her GymPact, those modifications apply only to the GymPact and will not affect any other Pacts the Client might have.

Risk of Failure. Client acknowledges that there exist circumstances within or beyond Client's control that may prevent Client from achieving the GymPact (a Failure). Client and Pact agree that it is a basic agreement of the parties in making the GymPact that Client will bear the risk of any Failure. Because Client is solely responsible for the identification and description of the GymPact as specified in the My Profile Page, CLIENT BEARS ALL RISK ASSOCIATED WITH SUCH GYMPACT, including, but not limited to, Client's efforts to satisfy the GymPact and Client's ultimate success or Failure in achieving the GymPact. In addition, Client understands that Client is solely responsible for any loss, damage, illness, injury or death to person or loss or damage to property related in any way to the GymPact or Client's efforts in connection with the GymPact.

Acceptable Excuses. Notwithstanding the above, Client will be exempt from his or her commitments under a GymPact for any particular week when:

  • His/Her doctor sends a signed digital medical note to Pact, which indicates the period for which the Client is too ill to exercise. This medical excuse needs to be a specific period of time and not an open-ended exemption. If the person attends a fitness center during the period specified by the doctor, the exemption is immediately terminated. If the period spans 2* or more days into the next week, the Client will also be exempt from that the next week.
  • His/Her workplace sends a signed digital note indicating that the person has taken at least 2 sick days from work during the week that the exemption is to be applied to.
  • His/Her workplace sends a signed digital note indicating that the person has taken at least 2 personal days from work during the week that the exemption is to be applied to.
  • His/Her workplace sends a signed digital note indicating that the person has been unable to attend work for at least 2 days during the week that the exemption is to be applied to due to natural disaster conditions (where the natural disaster conditions are declared by government officials and state that it is unsafe to leave the home and/or result in public transportation closures for at least 2* days of the week).

* As used above, 2 days applies only to Clients with a 4 day (or less) commitment. For Clients with a 5 day (or more) commitment, just 1 day in any of these conditions would qualify for exemption.

2. NO MINORS

Users under the age of 18 years old are prohibited from creating GymPacts and CLIENT REPRESENTS AND WARRANTS THAT CLIENT IS NOT UNDER THE AGE OF 18 YEARS OLD.

3. PACT SERVICE FEES

Service Fees. Client understands that, as described in the My Profile Page, Client has elected an amount of money (Service Fees) that the Client is obligated to pay in each weekly reporting period in the event of Failure and such Service Fees are governed by this section. Client acknowledges and agrees that Client is not entitled to any interest on any Service Fees paid to or held by Pact pursuant to this GymPact Policy. Client represents that the total of all Service Fees for all Pacts authorized by Client, in the aggregate, is less than 10% of Client's weekly income.

Payment and Billing. Client agrees to provide Pact (and/or its payment processor) with certain information as may be necessary to validate his or her Authorized Payment Method (such as, for example, Client's full name, address, telephone number, and credit card or validated PayPal account information). Client agrees to update such information so that it is always accurate, complete and current. Pact will use commercially reasonable efforts to maintain such information in secure, encrypted form and in accordance with any applicable laws and with Pact’s Privacy Policy (which is available at http://www.pactapp.com/legal/privacy).

Client shall pay all Service Fees incurred as a result of any Failure to fulfill his or her GymPact, including any applicable taxes. If payment cannot be charged to Client's Authorized Payment Method, or if any Service Fees are charged back to Pact for any reason without Pact’s consent, then Pact reserves the right to immediately and without notice, either suspend or terminate Client's access and account, in which case all of Pact's obligations under the GymPact and this GymPact Policy shall terminate immediately. Client will remain obligated to pay any amounts still owed to Pact at the time Client's account is suspended or terminated.

If Prepayment is not selected because that option is either not offered by Pact or not selected by Client, then Client hereby authorizes Pact to charge Client's Authorized Payment Method only upon Failure; such charge shall equal the Service Fees for that weekly reporting period. Client understands that such a charge could occur in each and every weekly reporting period during the term of the Pact. Client agrees that Service Fees are the sole and exclusive property of Pact and that Pact does not hold Service Fees in any escrow, trust or other fiduciary capacity for the benefit of Client.

4. REWARDS

From time to time, Pact may, at its sole discretion, implement programs for issuing Rewards to Clients that successfully complete their GymPacts. The eligibility and success criteria for receiving any Reward, the amount and form of the Reward and the manner in which any Reward is issued to Clients shall be established by Pact. Unless expressly provided otherwise at the My Profile Page (at the time the GymPact is entered into), the Rewards program shall be as described in the then current Rewards Policy (which is available at http://www.pactapp.com/legal/rewards). Client hereby agrees that Pact’s reasonable determination of whether Client is eligible for any Rewards, and whether Client has satisfied the requisite success criteria, shall be final and binding.

Pact reserves the right to recover from any User the amount of Rewards credited or paid to such User where Pact has reason to believe such Rewards accrued in connection with certain violations of the Terms of Service, as further described therein (including without limitation, by deducting the amount of such Rewards from User’s account balance, by charging the amount of such Rewards to his or her Authorized Payment Method or by initiating legal action against User).

5. TERM AND TERMINATION

Term. Each GymPact shall terminate upon completion of the GymPact, as identified in the My Profile Page. Until the end of that time period, the GymPact renews automatically, week to week, except as otherwise provided herein or in the Terms of Service.

Cancellation. Client agrees that his or her GymPact may not be cancelled except as set forth in this section. Please note that your GymPact will not be cancelled simply by deleting the App from your mobile device.

The GymPact may be suspended or cancelled by Client if and only if (i) Client edits the My Profile Page to “Take A Break” for a defined or undefined period of time, or (ii) Client completes the “Delete Account” process, or (iii) a licensed physician emails a completed and signed copy of Pact’s Medical Excuse Form to Pact customer service. After Pact contacts the physician or otherwise verifies that Client's Medical Excuse Form is genuine, all remaining obligations of the parties under this GymPact Policy will terminate immediately. Be advised that if you “Take A Break” or otherwise suspend or cancel your GymPact, your other Pacts will not be affected and will remain active.

Client also agrees that Pact, upon notice to Client, may terminate any GymPact that Pact, in its sole discretion, deems to be inappropriate, unhealthful, illegal, against public policy, or based on false or misleading information provided by Client.

GymPacts shall also be terminated upon any termination of the Client account as permitted pursuant to the Terms of Service.

Refund Policy. Pact does not refund Service Fees for GymPact Failures except when both of the following conditions exist: (1) Client suspends or cancels the GymPact pursuant to preceding section, and (2) after suspension or cancellation of the GymPact becomes effective, Service Fees are charged to Client's Authorized Payment Method as a result of Client’s Failure to complete his or her GymPact. To obtain a refund, Client must provide Client's correct e-mail address and mailing address to Pact. Pact will not be liable for any claims that a refund has been delayed if such delay was a result of an incorrect email address or mailing address provided by Client to Pact. Pact reserves the right to modify this Refund Policy at its discretion (according to the change process described in the Terms of Service), but may suspend or cancel the refund right at any time against any Client that Pact believes is abusing this policy.

6. CONTACT

If you have any questions or need to communicate with us regarding your GymPact or this GymPact Policy, please contact Pact using our members-only contact form at http://www.pactapp.com/contact/form or contact us at:

Pact, Inc. Attn: GymPact Customer Service 650 Alabama Street, Suite 202 San Francisco, CA 94110, USA