Terms of Service

These Terms of Service (“Terms”) apply to your access and use of the You 2.0 Service. The “You 2.0 Service” includes our devices including associated firmware, applications, software, websites, APIs, products, and services.

You must accept these Terms to create a You 2.0 account and to access or use the You 2.0 Service. If you do not have an account, you accept these Terms by using any part of the You 2.0 Service. If you do not accept these terms, do not create an account or use the You 2.0 Service.

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 You 2.0 Service, you agree that we can collect and use your information in accordance with the Privacy Policy.

2. USE OF THE YOU 2.0 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 You 2.0 Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the You 2.0 Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the You 2.0 Service.

You may only connect to the You 2.0 Service using (i) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”).

3. CREATING AN ACCOUNT

Full use of the You 2.0 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 regards to your account. You 2.0 is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact support@you20.ca if you discover or suspect any security breach related to the You 2.0 Service or your account.

4. NECESSARY EQUIPMENT

Full use of the You 2.0 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 You 2.0 Service and it is your responsibility to ensure the equipment’s functioning optimally. You are responsible for all Internet access charges. Please check with your Internet Service Provider for information on possible Internet data usage charges.

5. POSTING YOUR CONTENT ON THE YOU 2.0 SERVICE

You 2.0 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 You 2.0 Service. You retain all rights to Your Content that you post to the You 2.0 Service. By making Your Content available on or through the You 2.0 Service you hereby grant to You 2.0 a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, translate, create derivative works from, and distribute Your Content, in whole or in part. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the You 2.0 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 You 2.0 Service, and your use of the You 2.0 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 You 2.0 Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the You 2.0 Service, or which may expose us or our users to any harm or liability of any type. You 2.0 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 You 2.0 Service.

6. YOU 2.0 EXPERT SERVICES

From time to time, You 2.0 will provide you with coaches and experts on your wellness journey. These services may be provided by third parties. The expert services are provided “as-is”, without warranty of any kind. Without limiting the foregoing or any other terms or agreements you have with us, we explicitly disclaim all express or implied warranties arising out of or related to the terms of this Agreement, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of the course of dealing or usage of trade. We make no warranty that the Expert Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

7. YOU 2.0’S RIGHTS

“You 2.0 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 You 2.0 Service. You 2.0 Content, the You 2.0 Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Canada and the United States. 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 You 2.0 Service. Our logos and any other You 2.0 trademarks that may appear on the You 2.0 Service, and the overall look and feel of the You 2.0 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 You 2.0 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.

8. WHAT YOU CAN DO ON THE YOU 2.0 SERVICE

The You 2.0 Service is intended for your personal, non-commercial use. You 2.0 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the You 2.0 Service, (2) access and view the You 2.0 Content, (3) access and use the software and mobile applications provided by the You 2.0 Service. With respect to items (3) this license includes any third-party software embedded in any You 2.0 Service. This license is provided solely for your personal, non-commercial use and enjoyment of the You 2.0 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 You 2.0 Content, You 2.0 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 You 2.0 or its licensors, except for the licenses and rights expressly granted in these Terms.

9. OUR ENFORCEMENT RIGHTS

We reserve the right (but are not required) to remove or disable access to the You 2.0 Service, any You 2.0 Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the You 2.0 Content, Your Content, or your use of the You 2.0 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 You 2.0 Service, and in response may take any action we may deem appropriate.

10. USE THE YOU 2.0 SERVICE AT YOUR OWN RISK

If you rely on any You 2.0 Content or the You 2.0 Service, you do so solely at your own risk. Our goal is to provide helpful and accurate information on the You 2.0 Service, but we make no endorsement, representation, or warranty of any kind about any You 2.0 Content, information, or services. The accuracy of the data collected and presented through the You 2.0 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 You 2.0 Service. You 2.0 Content and the You 2.0 Service may change from time to time or vary by geographic location.

11. CONSULT YOUR DOCTOR BEFORE USING THE YOU 2.0 SERVICE

The You 2.0 Service is not intended to diagnose, treat, cure, any disease. If you have a medical or heart condition, consult your doctor before using the You 2.0 Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the You 2.0 Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the You 2.0 Service. If you engage in any exercise program you receive or learn about through the You 2.0 Service, you agree that you do so at your own risk and are voluntarily participating in these activities.

12. COPYRIGHT POLICY

It is You 2.0’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.

13. CONTESTS AND GIVEAWAYS

Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by You 2.0 or its partners. It is your responsibility to carefully review those terms and conditions.

14. ALERTS AND NOTIFICATIONS

As part of your use of the You 2.0 Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the You 2.0 Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

15. THIRD-PARTY SERVICES

The You 2.0 Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under You 2.0’s control. This may include the opportunity for you to link your You 2.0 account, You 2.0 data, or the You 2.0 Service with Third-Party Services. We may provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the You 2.0 Service, such as third party applications accessed on You 2.0 devices, are not part of the You 2.0 Service and are not controlled by You 2.0, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the You 2.0 Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

16. CHANGES TO THE YOU 2.0 SERVICE

You 2.0 may change or discontinue, temporarily or permanently, any feature, component, or content of the You 2.0 Service at any time without notice. You 2.0 is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the You 2.0 Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by You 2.0 products without prior notice to you.

17. TERMINATION

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the You 2.0 Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting support@you20.ca. Upon any termination of these Terms or suspension, termination, or discontinuation of the You 2.0 Service or your account, most provisions of these Terms will survive.

18. DISCLAIMERS

THE YOU 2.0 SERVICE AND YOU 2.0 CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE YOU 2.0 SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the You 2.0 Service or You 2.0 Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the You 2.0 Service or any You 2.0 Content.

19. INDEMNITY

You will indemnify and hold harmless You 2.0 or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the You 2.0 Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

20. LIMITATION OF LIABILITY

NEITHER YOU 2.0, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE YOU 2.0 SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE YOU 2.0 SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU 2.0 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL YOU 2.0’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE YOU 2.0 SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO YOU 2.0 FOR USE OF THE YOU 2.0 SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO YOU 2.0, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU 2.0 AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

21. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute between you and You 2.0 arising out of or relating to these Terms of Service, the You 2.0 Service, or any other You 2.0 products or services (collectively, “Disputes”) will be governed by arbitration in the Province of Alberta, Canada. Any formal proceeding will be governed by the laws of the Province of Alberta, Canada.

No Class Actions: You may only resolve Disputes with You 2.0 on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.

22. GENERAL TERMS

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between You 2.0 and you regarding the You 2.0 Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between You 2.0 and you regarding the You 2.0 Service and You 2.0 Content. We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the You 2.0 Service. If for any reason a court of competent jurisdiction in Canada finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

23. ADDITIONAL TERMS MAY APPLY

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control. CONTACT US

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.

You may contact us at support@you20.ca or at our mailing address below.

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