English (United Kingdom)
These Terms and Conditions (“Terms”) apply to and govern your access to and use of the Runna platform, including our related mobile applications, products, websites, technology, software, and services (collectively, “Services”), such as:
These Terms specifically incorporate Runna’s Community Code of Conduct and Privacy Policy, and any other terms you may enter into with Runna.
The Services are owned and operated by The Run Buddy Limited from the United Kingdom with its registered address at 71-75 Shelton Street, London WC2H 9JQ. Runna is a trading name of The Run Buddy Ltd. In these Terms, the words “Runna”, “we”, “us”, and “our” refer to The Run Buddy Ltd.
For more information about the Services we offer, please visit www.runna.com.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY DOWNLOADING, INSTALLING, ACCESSING, USING, OR SIGNING UP FOR ANY SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS, WHICH FORM A LEGALLY BINDING AGREEMENT (CONTRACT) BETWEEN YOU AND RUNNA. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, YOU SHOULD NOT ACCESS, USE, OR SIGN UP FOR ANY SERVICES.
NOTICE REGARDING DISPUTE RESOLUTION:
THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND RUNNA ARE RESOLVED, INCLUDING AN AGREEMENT TO ARBITRATE, WHICH WILL—UNLESS YOU RESIDE IN THE EU OR JURISDICTIONS WHERE PROHIBITED—WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMIT YOU TO CLAIMS AGAINST RUNNA ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW.
Through our Runna Labs feature, Runna may make new and experimental features available to you as part of a pre-release, early access program, or similar opportunity to test or use the features ("Runna Labs Features"). Use of Runna Labs is optional, and Runna Labs Features may not be fully functional or supported and may require you to update your version of the Services. Use of Runna Labs Features is at your own risk, and you understand that they may contain errors, design flaws, or other problems. The Your Feedback section of these Terms applies to any feedback you provide related to Runna Labs Features. We may change or remove access to Runna Labs Features at any time.
In these Terms, “Content” means any content created, shared, posted, or made available in connection with the Services, such as text, images, audio, routes, or other data, whether posted or shared publicly, privately, or via a third-party API. You will remain the owner of intellectual property rights (such as copyright) in your Content.
You agree and confirm that:
If you believe any Content available on the Services violates your intellectual property rights, please contact us at ip@strava.com.
To provide the Services, we need permission to use your Content. This permission is called a license. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any of your Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed, without compensation to you. This includes permission to use your profile name, profile photo, and information about your activities, including your use of third-party products, services, or devices, in ads, offers and other commercial contexts. We will use your Content as set out in our Privacy Policy.
You agree and confirm that you are able to give Runna any licenses, rights, or other permissions set out in these Terms.
You may have the ability to provide comments, feedback, suggestions, ideas, original or creative materials, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you grant Runna a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display, and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. For this reason, do not send Runna any Feedback if you do not want to give us the license set out in this section. For the avoidance of any doubt, Feedback is not considered Content for the purposes of Section 6 (License).
We want all of our users to enjoy their Runna experience in a safe and positive environment. For this reason, we have developed our Community Code of Conduct, which forms part of these Terms.
You are fully responsible for Content which you post, upload, share, transmit or make available via the Services, including any illegal Content. Runna is not responsible for, and does not endorse or support, any Content. We do not guarantee any aspect of any Content, including its accuracy, completeness, usefulness, or quality. You accept all risks relating to use of the Services, including risks arising from reliance on the accuracy, completeness, usefulness, or quality of any Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, objectionable, or illegal.
Runna may—consistent with relevant laws—screen, monitor, hide, restrict, refuse or remove any Content that we find violates these Terms or is objectionable based on our policies or standards. If you believe any Content violates our policies, standards, or Terms, please report it to us at support@runna.com.
Runna makes no representation that any Content or Services are appropriate or available for use in your location. Access to or use of any Content or Services from locations where access or use is illegal is prohibited, and you are responsible for compliance with all your local laws. You may not use or export Content or Services in violation of U.S. export laws and regulations.
You accept all safety, security, and other risks associated with the use of any Runna or third-party geolocation features, tools, and technology, including when recording or sharing GPS-based activities via the Services, using map- or location-based features on the Services. These risks may be greater depending on your circumstances, e.g., if you work in a sensitive job or position of trust. To the maximum extent permitted by law, Runna is not responsible for any such risks. You agree to use any such geolocation features, tools, and technology in a way that is safe, secure, and responsible, in accordance with your circumstances and applicable laws. Nothing in this section takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability. You can learn more about how we use geolocation information in our Privacy Policy.
Your Content will not be subject to any obligation of privacy or confidence on the part of Runna, except as set out in our Privacy Policy and your chosen privacy controls, and Runna will not be liable for any use or disclosure of any Content you provide.
You are responsible for the public nature of your Content posted to the Runna Community or Runna Spaces.
Personalization is a core part of our Services. We will personalize your Services to provide you with a unique user experience. For example, we may use data relating to you and your use of the Services to develop personalized training plans, strength routines, and workouts.
The Services are for your personal use only. You may not charge any person for any part of the Services, use of the Services, or access to Content. Unless Runna agrees otherwise in writing, you cannot use the Services for business-related purposes.
To use some features of the Services, you may decide to purchase third-party products or services, e.g., a GPS device to track your location. Even if Runna recommends a third-party supplier, product, or service to you, we will have no responsibility for anything relating to your purchase or use of the third-party product or service, and we do not guarantee that any third-party product or service will work with the Services or be error-free.
Through the Services, either Runna or third parties may provide links or advertisements to third-party internet sites or resources. Runna does not endorse and is not responsible for any Content, information, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that Runna is not responsible for the availability of such external sites or resources.
The Services may display products and services sponsored, shown, or offered by third parties. If you decide to deal with a third party or explore or purchase any of their products or services, you are dealing and contracting directly with that third party, and not with Runna. Runna is not a party to any terms between you and the third party. YOU AGREE THAT RUNNA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTIES AVAILABLE VIA THE SERVICES.
Runna may make functionality available in the Services for you to communicate with other users, Runna, Runna coaches, or other third parties.
If you communicate with Runna, we have the discretion to decide whether your message is referred to a member of our coaching team. We aim to reply to you as soon as possible.
You agree and confirm:
We may suspend your ability to communicate with other users, Runna, Runna coaches, or other third parties in the event that you are in breach of the provisions contained in this Section, in addition to any other rights that we may have under these Terms.
Runna is a neutral party to any interactions between users, and we are not responsible for these interactions or any information shared between users. We have no responsibility to confirm the identity of our users or any other information about them, such as qualifications, background, or abilities. You must always use common sense and good judgment when dealing with any other Runna users.
You acknowledge and agree that the Services, any software used in connection with the Services, any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by relevant intellectual property and other laws. This information may belong to Runna or third parties. Unless expressly allowed by relevant law or authorized by Runna or the relevant third party, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the software, or Content available on the Services (other than Content that you may submit), in whole or in part.
Runna grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, display, perform, reproduce, transmit, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or aspect of the Services, except where permitted by law.
You agree not to access the Services by any means other than through the interfaces that are provided by Runna. You are prohibited from accessing any data on the Services that you are not expressly authorized to access. Automated access to or collection of data from the Services—by any means, including data mining, robots, screen scraping, scripts, or similar data-gathering tools or software such as browser extensions and crawlers—is prohibited. This prohibition applies regardless of whether you are logged into a Runna account at the time of such automated access or collection.
The term RUNNA, the Runna logo, the look and feel of the Services, and all other Runna logos and product- and service- names are the exclusive trademarks of, and are owned by, Runna, and you may not use or display such trademarks in any way without Runna’s prior written permission. Any third-party trademarks, service marks, product names, company names, or logos displayed on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Runna.
Runna reserves all rights not expressly granted in these Terms. We may immediately withdraw any licenses, rights, or permissions given to you in these Terms whenever we choose, whether generally or in a specific case, without having to give any reasons.
We may make products available for sale through the Online Store, such as subscription gift cards, branded clothing, and other merchandise.
Accurate Information: To use our Online Store, including accessing or browsing our Online Store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our Online Store, including any credit card information, is correct, current, and complete and that you have all rights necessary to provide this information. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
Our Products: We aim to provide an accurate representation of our products in our Online Store. However, we do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted or rendered in our Online Store. All descriptions of products are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction.
Orders: When you place an order on our Online Store, you are making an offer to purchase. Your order is not accepted until Runna confirms acceptance. Please review your order carefully before submitting, as Runna may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Prices and Billing: Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices posted in our Online Store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the specific promotion terms will govern.
Shipping and Delivery: We are not responsible or liable for shipping and delivery delays, including those caused by shipping carriers, customs processing, or events outside our control. All delivery times are estimates only and are not guaranteed. Once we transfer products to the carrier, title and risk of loss passes to you.
Relationship With Shopify: Our Online Store is powered by Shopify, which enables us to provide the Online Store to you. All personal information we collect through our Online Store is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Online Store, you acknowledge that you have read these privacy policies.
The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. Runna also reviews claims of trademark infringement. If you believe in good faith that materials hosted by Runna infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Runna to locate the material on the Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Runna will not respond to complaints that do not meet these requirements. We may share your information with third parties when we forward DMCA-compliant notifications, which will be forwarded as submitted to us without any deletions. If Runna determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Runna will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which Runna may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement:
Strava Copyright Agent
181 Fremont Street, Floor 27, San Francisco, CA 94105, USA
ip@strava.com
+1 415 320 7817
THE SERVICES, ANY CONTENT, AND ANY PRODUCTS PROCURED THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. RUNNA AND ITS OWNERS, SUBSIDIARIES, DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICES, CONTENT, AND PRODUCTS, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. RUNNA AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT: (A) THE SERVICES OR ANY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR ANY CONTENT WILL BE ACCURATE OR RELIABLE; AND (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND ANY ATHLETIC ACTIVITIES DONE PURSUANT TO OR RELATED TO YOUR USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION, FOLLOWING A TRAINING PLAN OR RECOMMENDATION) IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, DAMAGE, OR LOSS TO YOU OR ANY OTHER PARTY RESULTING THEREFROM.
YOU EXPRESSLY AGREE THAT ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, ACTIVITY DATA, PERFORMANCE METRICS, TRAINING PLANS, AND ANY RECOMMENDATIONS) SHARED VIA THE SERVICES OR ANY CONTENT, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES, IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHALL NOT BE CONSTRUED AS MEDICAL OR PROFESSIONAL ADVICE OF ANY NATURE. SUCH INFORMATION SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS OR (B) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF THE SERVICES OR ANY CONTENT, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.
YOU EXPRESSLY AGREE THAT RUNNA DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY EVENT OR GROUP ACTIVITY THAT UTILIZES THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE TO RELEASE RUNNA, ITS OWNERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE SERVICES, ANY CONTENT, AND ANY PRODUCTS PROCURED THROUGH THE SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF THE SERVICES, THE CONTENT, ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR ANY THIRD-PARTY PRODUCT, SERVICE, GOOD, OR APPLICATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF RUNNA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
RUNNA’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (A) ONE HUNDRED POUNDS STERLING (£100), OR (B) THE AMOUNT OF FEES PAID BY YOU TO RUNNA IN THE 12-MONTHS PRIOR TO THE DATE OF THE CLAIM.
If you live in a jurisdiction that does not allow for certain disclaimers, limitations, or exclusions, some or all of the disclaimers, exclusions, or limitations in these Terms may not apply to you. Solely to the extent that any of the disclaimers, exclusions, or limitations in these Terms does not apply to you, all remaining disclaimers, exclusions, and limitations that do apply shall continue to apply to your use of the Services and the Content.
As part of providing the Services, we may use and develop artificial intelligence (“AI”) and machine learning (“ML”) to provide features designed to enhance your training and improve the Services (“AI Features”). AI technologies have known and unknown risks and limitations and may make mistakes; you understand and agree that you use AI Features at your own risk. You should always use common sense and good judgment before using any AI-generated recommendations to make sure they are safe, secure, and appropriate for your skill level. Nothing in this section takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability. You can learn more about how we use AI in our Privacy Policy.
You agree to indemnify and hold Runna and its owners, subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, and licensors harmless from: any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise seek to make available through the Services; your use of the Services; your athletic activities which generate the Content you post or seek to post on the Services (including, but not limited to, athletic activities in connection with any events which Runna sponsors, organizes, participates in, or whose Services are used in connection with); your connection to the Services; your violation of these Terms or other applicable laws; your violation of any data protection or privacy laws; or your violation of any rights of another person or entity. This indemnification will apply to the fullest extent permitted by the laws of your jurisdiction.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a complaint regarding the Services that you think we have not adequately resolved, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
If you live in the EU, the remaining sections below (governing arbitration, class-action waiver, small claims court exception, thirty-day right to opt out, time limitation of claims, and choice of law and forum) do not apply to you.
Instead, for those who live in the EU, these Terms are governed by and must be interpreted in accordance with Irish law, and the Irish courts will have exclusive jurisdiction to hear any disputes arising out of or relating these Terms or the Services. In addition, the local laws in your EU Member State may allow you to take legal action against Runna in your Member State and to invoke certain local laws against Runna.
Before any party may begin a lawsuit or arbitration, the parties will use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations.
Except for disputes relating to Runna’s intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), or if you opt out of this agreement to arbitrate, all claims arising out of or relating to these Terms or the Services will be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any court or agency, will have exclusive authority to resolve all disputes arising out of or relating to these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator will be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms.
The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Runna will pay the additional cost.
You and Runna expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Runna is a party to the proceeding.
If your arbitration demand involves claims similar to those made by 15 or more other users, and if you and those other users are represented by the same lawyers, or by lawyers who are coordinating with each other, you agree that these claims will be considered “Related Cases.” Related Cases may only be filed in batches of up to 20 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch of bellwether cases, each side may select up to 5 of these Related Cases to be filed and resolved in individual arbitrations; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 20 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 5 of the Related Cases to be resolved in individual arbitrations. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph. If this provision is found unenforceable, the procedure will be governed by the JAMS Mass Arbitration Procedures and Guidelines.
This Dispute Resolution provision will be governed by the Federal Arbitration Act. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
The parties agree that any arbitration will be conducted in their individual capacities only, and not as a class action or other representative action.
If any court or arbitrator determines that the class-action waiver set out in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set out above will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.
Despite the parties’ agreement to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within that court’s jurisdiction.
You have the right to opt out and not be bound by the Arbitration and Class-Action Waiver provisions set out in these Terms by sending written notice of your decision to opt out to the following address: Strava, Inc., Attn: Legal Department (Opt-out), 181 Fremont Street, Floor 27, San Francisco, CA 94105, USA. The notice must be sent within 30 days of signing up to use the Services; otherwise, you will be bound to arbitrate disputes in accordance with these Terms. If you opt out of the arbitration provisions, Runna will also not be bound by them.
You agree that any claim you may have arising out of or related to your relationship with Runna, these Terms, or the Services must be filed within one year after such claim arose; otherwise, your claim will be permanently barred.
Any action or legal proceedings arising out of or related to these Terms, Content, the Services, or your relationship with Runna will be governed by and must be interpreted in accordance with the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute Resolution,” the parties irrevocably consent to bring any action to enforce these Terms in the federal or state courts embracing San Francisco, California and consent to the exclusive jurisdiction of the federal or state courts embracing San Francisco, California. If any party brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees.
You agree that Runna may, under certain circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination will include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part of the Services), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services.
Termination of your account may include removal of access to all offerings within the Services; deletion of your information, files and Content associated with your account; and barring your further use of the Services.
You agree that all suspensions or terminations for cause will be made in Runna’s sole discretion and that Runna will not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections will survive termination of your account and/or the Terms: Responsibility for Content and Conduct, Proprietary Rights, Your Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnity, Dispute Resolution and Governing Law, and General.
You agree that no joint venture, partnership, joint controllership, employment, or agency relationship exists between you and Runna as a result of these Terms or your use of the Services. These Terms make up the entire agreement between you and Runna with respect to your use of the Services. The failure of Runna to exercise or enforce any right or provision of the Terms will 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 endeavor 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, your rights, or your obligations under these Terms without the prior written consent of Runna. Runna 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 fulfill its duties and obligations under these Terms and in connection with the Services. Runna’s notice to you via email, regular mail, or notices, posts, or links on the Services will constitute acceptable notice to you under these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these 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 in these Terms are reserved. These Terms, our Privacy Policy, our Community Code of Conduct, and any other terms incorporated herein, were written in English. To the extent a translated version of any such document conflicts with the English version, the English version controls.
Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Runna reserves the right to update the Terms at any time and for any reason in its sole discretion. Runna will notify you in advance of any material changes to the Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services and delete your account.
Runna may make improvements and/or changes in the Services, and prices described, at any time and for any reason in their sole discretion. For example, the Runna mobile application may download and install upgrades, updates, and additional features to improve, enhance, or further develop the Services. Runna reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any part of the Services with or without notice. You agree that Runna will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
For any questions, complaints, and queries or to report any violations, please contact us at legal@runna.com.
