Terms of Use

The use of this website (“Website“) and the provision of the services related thereto are offered to you (“You“) by My Strength Book Inc. (“MyStrengthBook“), subject to Your acceptance of the terms and conditions contained herein.

DEFINITIONS

“Aggregated Data” has the meaning ascribed to it in Section 3(b).

“Authentication ID” means a security mechanism by which You identify Yourself to the MyStrengthBook Platform and gain access thereto, which security mechanism may include usernames, passwords, digital certificates or any other similar process mechanism for authentication and recognition as determined by MyStrengthBook from time to time.

“MyStrengthBook Coaches” means the individuals who create training programs for the MyStrengthBook Platform from time to time.

“MyStrengthBook Platform” means the assessment methodology deployed by MyStrengthBook: (i) to assist fitness and strength athletes to build workouts, plan training and assess performance; (ii) to calculate key metrics that assess progression and performance across a number categories; (iii) to analyze key metrics that lead to increased performance, in the aggregate, and to make conclusions around training variables that result in successful outcomes; and (iv) to analyze any and all such other metrics as determined by MyStrengthBook, in its sole discretion.

“MyStrengthBook Server” means that computer server located at MyStrengthBook’s premises, or a third party provider of hosting and/or network services, that houses the Software.

“Personal Information” means any information that is protected under applicable privacy legislation, including Personal Information and Protection of Electronic Documents Act (Canada), Personal Information Protection Act (Alberta) and any other Canadian federal or provincial privacy and health information protection legislation, as from time to time enacted or amended.

“Proprietary Material” means the System including, without limitation, the Software, the training programs created by the MyStrengthBook Coaches, the content, metadata, design, organization, compilation, look and feel, the fitness plans, programs and all other protectable intellectual property available through the System.

“Software” means the application computer software, in object code format, used by MyStrengthBook to automate the MyStrengthBook Platform and provide the services therein.

“Standard Coaches” means the individuals who provide coaching services on the MyStrengthBook Platform and such other coaching portals made available on the System from time to time.

“System” means, collectively, this Website, the MyStrengthBook Platform, the Software, the MyStrengthBook Server and such devices and peripherals physically located with the MyStrengthBook Server, including all computer hardware, software, network elements, and electrical and telecommunications infrastructure.

“Your Data” means any and all data, photographs, videos, comments, graphics, text, files, documentation or other information that You may upload, either directly or indirectly, to the System.

DATA AND PRIVACY

(a) Your Data and Privacy Policy: You acknowledge and agree that in the course of Your use of the System, MyStrengthBook will collect, process and store information about You and Your use of the System. This information consists of Your Data and may include Personal Information. MyStrengthBook will keep such information confidential and will only use it in accordance with MyStrengthBook’s Privacy Policy which is hereby incorporated by reference. You further acknowledge that the Standard Coaches may have access to your Personal Information in some cases.

(b) Aggregated Data: You further acknowledge and agree that MyStrengthBook may: (i) use Your Data, solely on an anonymous and de-identified basis (such anonymous data referred to as the “Aggregated Data“), for the compilation and analysis of trends, statistics, metrics and other information without any link or identifiable reference to You or Your Data; and (ii) share its analyses with scientific journals, consultants, representatives, third party advertisers, the MyStrenghtBook Coaches, the Standard Coaches, other users, attendees at conferences, workshops or seminars and any other person, organization or association, in MyStrengthBook’s sole discretion.

(c) Promotional Consent: In addition to the permitted uses of Your Data contained in these Terms of Use, if You indicate agreement to disseminate Your Data by clicking the “Share Workout” button, You hereby consent to all alterations and modifications to Your data necessary to make it accessible (in link form) to third parties, including social media applications and websites. MyStrengthBook is not responsible for such links.

THE SYSTEM

(a) Provision and Access to the System: MyStrengthBook shall operate and maintain the System in accordance with these Terms of Use.

(b) Security Requirements: MyStrengthBook shall implement and maintain those safeguards and controls as it deems necessary and commercially reasonable for the deterrence, detection, prevention and correction of any unauthorized intrusion, access or use of the System and Your Data. You acknowledge and agree that notwithstanding MyStrengthBook’s safeguards, such methods and procedures may not prevent unauthorized electronic intruders to access the System through the internet or through other form of electronic communication. If such unauthorized electronic intruders are able to bypass MyStrengthBook’s security protocols and safeguards, such unauthorized electronic intruder may change, delete or otherwise corrupt the contents and data contained in the MyStrengthBook Server, including Your Data. Except for the maintenance of appropriate safeguards, MyStrengthBook shall not be liable to You, and hereby disclaims responsibility, with respect to any action, destructive or otherwise, by any unauthorized electronic intruder.

(c) Maintenance: From time to time, it will be necessary for MyStrengthBook to perform maintenance on the System. MyStrengthBook shall use its commercially reasonable efforts to perform such maintenance at such times to minimize the impact of any downtime of the System to You.

(d) Changes: MyStrengthBook may, at any time, with or without notice to You (i) make changes that are necessary to comply with applicable safety, security or other statutory requirements; (ii) supplement or make changes to its user documentation and to its rules of operations; and (iii) change the components, type and location of the System.

(e) Authentication IDs: You shall control and maintain the security of Your Authentication ID. You shall promptly report to MyStrengthBook any errors or irregularities in the operation of the System or any unauthorized use. You hereby indemnify and hold harmless MyStrengthBook from any actions, claims, suits, proceeding or damages made against MyStrengthBook result of any use of Your Authentication ID.

(f) Your Data: You acknowledge and agree that MyStrengthBook: (i) will not be responsible for the accuracy, completeness or adequacy of any of Your Data; (ii) has no control over any of Your Data; (iii) does not purport to monitor Your Data; (iv) shall not be responsible to back up or maintain any back up of Your Data; and (v) You are not entitled to any compensation in connection with Your Data.

USE OF SERVICES

(a) Grant by MyStrengthBook: MyStrengthBook hereby grants to You a non-exclusive, non-transferable, revocable right, to access the System for the purpose of using the Software and uploading, processing, viewing, and downloading Your Data.

(b) Restrictions on Use: Any rights not granted herein are strictly reserved by MyStrengthBook. You shall not (i) permit any third party to use the System, (ii) re-license or sublicense, lease, loan or otherwise distribute the System to any third party; and (iii) process or permit to be processed the data of any other Party. You shall not reverse engineer, decompile, disassemble or translate the Software.

(c) Audit and Unauthorized Use: MyStrengthBook reserves the right to monitor and audit You and Your usage of the System. In case of unauthorized use, MyStrengthBook reserves the right to deny access by blocking the IP address(es) without prior notification.

YOUR OBLIGATIONS

• Be responsible for procuring, installing, operating, supporting and maintaining Your systems and hardware.
• Procure and maintain communication services, including high speed internet.
• Protect Your Authentication ID and report any unauthorized use immediately.
• Be responsible for the accuracy, completeness and adequacy of all of Your Data.

FEES AND PAYMENT

By registering for a Paid Subscription, You authorize MyStrengthBook to charge the applicable fees to Your Payment Method on each billing day. All payments to MyStrengthBook are final and non-refundable. You can cancel a Paid Subscription at any time, but MyStrengthBook will not reimburse any part of the fees already paid.