TERMS OF USE
Legal Agreement
Arduous Inc. (“Arduous”) is a Canadian corporation, extra provincially registered in British Columbia that offers the Ardor Application through the Apple Store.
These Terms of Use (the “Terms”) as well as Arduous’ Customized EULA and Apple’s EULA apply when you access and use our Arduous Application (the “Application”). These Terms constitute a legal agreement between Arduous, the owner of the Application and you and you have read and agreed to be bound by these Terms.
BY ACCESSING AND USING THE APPLICATION, YOU AGREE TO BE BOUND BY
ARDUOUS’S TERMS OF USE. EACH TIME YOU ACCESS AND USE THE APPLICATION, YOU SIGNIFY YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR DO NOT WISH TO BE BOUND BY THE TERMS, THEN DON’T USE THE APPLICATION.
Arduous may change the Terms at any time without notice to you by posting changes to the Terms on the Application. You are responsible for, and encouraged to, review the Terms regularly. The date of the last revision to the Terms can be found at the bottom of this document. Your continued access and use of the Application after this date signifies your consent to any changes to the Terms.
Purpose and Content
The purposes of the Application are to:
use the Application; and
contact Arduous through the Application with questions or inquiries concerning the Application.
All information provided on the Application is not intended to be used for any other commercial purpose in any manner without the prior written consent of Arduous.
Arduous reserves the right to terminate any relationship with users that breaches the Custom End User License Agreement, the Apple End User License Agreement, these Terms, or our Privacy Statement, Privacy Code, or any of Arduous policies, practices, and regulations.
Use of the Application
In accessing and using our Application, you must not:
reproduce, duplicate, copy, sell, resell or exploit any portion of the Application without the prior written consent of Arduous;
sell, transfer, copy, distribute, redistribute, translate, reverse engineer, or recompile the Application without the prior written consent of Arduous;
except as permitted in the Terms, use any frame or mirror of any content or images from the Application to any other server or Internet-based device or use any images, including the use of thumbnails, copying, saving or recreating images or thumbnails, for any purpose without the prior written consent of Arduous;
upload, download, post, email or otherwise distribute or transmit content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate local, provincial, federal or international law or infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of third party or contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, post, host, or transmit unsolicited "spam" messages on the Application or send unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications through the Application;
use any information or material from the Application in any manner or use, post or engage in any activities that infringes a third party’s intellectual property or rights of publicity or privacy;
use the Application to distribute to or otherwise disseminate any material or information of any kind that is libellous, inaccurate, profane, racist, intended to bully, harass, intimidate or harm, defamatory, obscene, sexually explicit, violent, pornographic, abusive or otherwise violates any law or infringes or violates any rights, including intellectual property rights, of any other person or entity;
use the Application to engage in activities or provide information that is false, inaccurate or misleading or fraudulent or involve sale of counterfeit or stolen items;
transmit any worms or viruses or any code of a destructive nature through the Application;
deep link or employ software or any automatic device, technology or algorithm that use any robot, spider, scraper or other automated means to access the Application;
provide information or participate in activities that will result in the transfer to the Application of any viruses, Trojan horses, worms, corrupted files, hoaxes, time bombs, cancelbots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of the Application’s systems, programs, content, information or applications, or that may track or monitor functionality in connection with the Application, including, without limitation, to identify other users’ views, actions or other activities on the Application;
directly or indirectly engage in activity, such as click throughs, in a coercive, misleading, malicious or fraudulent manner;
bypass any measures that we have taken to restrict access to the Application without the prior written consent of Arduous;
engage in activities that would interfere with the operation of the Application;
impose an unreasonable load on the Application’s infrastructure that would affect the operation of the Application;
use JavaScript, active or other coding, repetitive posts or other actions that interfere with the Application’s operations;
advertise to, or solicit to buy or sell any products or Applications through the unauthorized or impermissible use of the Application;
circumvent or modify or attempt to circumvent or modify or encourage or assist any third party in circumventing or modifying any security technology or software that is part of the Application or to cover or obscure online advertisements or safety or security features of pages of the Application;
modify, adapt or hack the Application or modify another Application to falsely imply that it is associated with the Application or Arduous;
attempt to impersonate another user, person or entity or Arduous representative in your use of the Application or attempt to sell or otherwise transfer your rights to another third party;
use any computer program or system to mine or harvest information, including addresses or other data of users from the Application, for any purpose without the prior written consent of Arduous;
post content that violates the Terms or disrupts or interferes with the security of, or otherwise abuse, the Application or system resources, accounts, servers, or networks connected to or accessible through the Application;
access, tamper with or use non-public areas of the Application or disrupt or interfere with any other user’s enjoyment of the Application;
knowingly disable any technology or tool embedded in the Application; and
remove any copyright or other proprietary notices contained in the content on the Application, caption information, or any other material on the Application.
Commercial Electronic Messages (“CEMs”)
Arduous only sends CEMs, such as emails, in accordance with Canada’s Anti-Spam Legislation (“CASL”). ARDUOUS does not permit any user of the Application to use the Application to send CEMs. Arduous does not send CEMs in violation of CASL.
You can contact Arduous through the Application or by email. In the event that you send a request, inquiry or complaint to Arduous through the Application, Arduous will respond in compliance with CASL. A CEM sent to you in response to a request, inquiry or complaint will be limited to directly addressing that request, inquiry or complaint, subject to the inclusion of additional information that a person could reasonably expect to receive as a result of that request, inquiry or complaint. If you submit a request, inquiry or complaint through the Application, this will not constitute consent for further CEMs and Arduous will only ever send CEMs in accordance with CASL.
You will only receive such CEMs if Arduous has received your express consent.
User Content, Third Party Applications or Use of Social Network Platforms
Our Application may provide opportunities for users to provide comments and feedback either directly on our Arduous platform or through feedback, surveys or our blog. Such user content may be used in our sole discretion to improve the quality of our Application. We reserve the right to remove any user content that breaches the Terms or the rights of any third party.
Our Application may contain links from other third-party Applications and all such Applications are independent of Arduous. Arduous has no control over these third-party Applications and assumes no responsibility or obligations for such third-party Applications. The provision of such links does not constitute any endorsement of such linked Applications, their content or information appearing on the Application.
You may choose to generate user content regarding Arduous on social network platforms and must comply with these Terms in doing so. Arduous has no control over or responsibility for such content of any social network platforms and you are responsible for adhering to the privacy policies of such social network platforms.
Intellectual Property
You do not acquire any right, title or interest in the Application through use of the Application. You must abide by copyright and other proprietary notices contained in the Application.
Except for third-party advertising or links and Apple Media or Store requirements, Arduous exclusively owns all information and screens appearing on the Application including all designs, graphics, text elements, site design, logos, images, buttons, and icons. Ardous owns the selection, assembly, and arrangement of all information and screens appearing on the Application, including any and all intellectual property rights, such as copyright, trademarks, and other proprietary information. All third-party advertising and links belong to their respective owners and must not be used by you for any purpose without the prior written consent of the respective owner(s).
Arduous also owns or controls the right, title and interest to all frameworks, design, program elements, templates, blogs, mockups and compositions, final design frameworks, software, all copy and graphics and all source code used for the Application.
The look and feel of the Application is copyrighted by Arduous. All rights are reserved. You may not duplicate, copy, or reuse any portion of the source code, or visual design elements or concepts without the prior written consent of Arduous.
Arduous and its logo are the property of Arduous. Certain other trademarks, trade names and logos on the Application are the property of the respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property and shall result in immediate termination of your rights to use the Application.
All content, except any user content, that forms part of the Application is subject to intellectual property rights, including copyright and trademarks held by or licensed by Arduous. All rights are reserved. The Application displays copyright and other proprietary notices. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including images, text, and page layout, or use any meta tags or any other hidden text utilizing our name or trademarks without the prior written consent of Arduous.
You may not use any of Arduous’ logos or other proprietary graphic or trademark designs as part of any link without the prior written consent of Arduous.
Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law, as well as international copyright treaties and multilateral and bilateral agreements, protect the Application and unauthorized reproduction of the Application, or any portion of the Application or part thereof, may result in severe civil and criminal law penalties.
You must not challenge or assist others to challenge any of Arduous’ trademarks or application to register any of Arduous’ trademarks or attempt to register any trademarks or tradenames that are confusingly similar to any of Arduous’ trademarks. Arduous respects the intellectual property of others and we ask users of the Application to do the same.
If you believe that Arduous or a user of the Application has violated your intellectual property rights, you may report the matter by emailing jlund@ardor.fitness. Arduous requires you provide a written request detailing the specifics of the intellectual property infringement, a link or the URL of your original materials and a link or the URL of the infringing material, and proof of ownership of the original material or proof of first publication. If Arduous chooses not to remove the allegedly infringing material, we will provide you with notification. Arduous will remove such allegedly infringing material upon submission of legal documentation of a ruling in your favour regarding the allegedly infringing material.
Liability, Warranties, Representations and Indemnification
Your access and use of the Application is at your sole risk. The Application is provided on an "as is" and "as available" basis and Arduous disclaims any and all other warranties and representations.
Specifically, Arduous does not warrant and you acknowledge that Arduous has no liability or responsibility that:
the Application will meet your specific requirements;
the Application will be available, uninterrupted, timely, secure, virus-free or error-free or free of any other harmful components;
that any third-party products or services will be available, uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Application will be accurate or reliable;
the quality of any information obtained by you through the Application will meet your expectations; or
any errors in the Application will be corrected.
ARDUOUS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION, INCLUDING LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION. ARDUOUS DOES NOT WARRANT THAT ANY DEFECTS IN THE APPLICATION OR CONTENT OF THE APPLICATION WILL BE CORRECTED.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ARDUOUS BE LIABLE FOR ANY GENERAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE APPLICATION. SOME PROVINCES AND STATES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ALTHOUGH CERTAIN PROVINCIAL, STATE OR FEDERAL LAWS MAY NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, ARDUOUS RELIES ON SUCH DISCLAIMERS AND LIMITATIONS TO THE GREATEST EXTENT ALLOWABLE BY LAW.
To the extent permitted by the laws of your jurisdiction, you agree to indemnify Arduous from and against all claims, liability and expenses, including legal fees and costs, arising from any unauthorized use of the Application by you or from a substantial breach of the Terms. Arduous reserves the right, in its sole discretion and at its own expense, to defend any action or claim and you agree to co-operate fully with any such defense.
Termination or Suspension of Application
Arduous reserves the right to terminate, change, suspend or discontinue any aspect of the Application at any time without notice including, but not limited to:
the availability of certain features; or
the information or content of the Application.
Arduous may restrict access to all or parts of the Application at any time. Arduous reserves the right, but is not obligated, to correct any errors or omissions in any portion of the Application.
Any breach of the Terms by you will result in your right to use the Application being terminated. The obligations in the Terms concerning use of the Application, intellectual property and liability survive the termination of these Terms.
Privacy
Your access and use of the Application is subject to Arduous Privacy Code [https://www.ardor.fitness/privacy-code] and Privacy Statement [https://www.ardor.fitness/privacy-policy], available on the Application, and include all rights and obligations under the General Data Protection Regulation.
No Assignment
Your rights under the Terms cannot be assigned.
No Waiver
The failure of Arduous to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Jurisdiction
The Application can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing the Application, you agree that all matters relating to access to, or use of, the Application shall be governed by the laws of the Province of British Columbia and the federal laws of Canada as applicable and notwithstanding conflicts of law. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge and do so voluntarily.
Severability
In the event that any term or condition in the Terms is found invalid by a court of competent jurisdiction, the invalid term or condition is severed and the remaining terms and conditions continue in full force and effect.
Reservation of Rights
Arduous reserves to itself any and all rights not expressly granted hereinunder these Terms.
Last Modified: October 31, 2022