PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
A. Our Service
Eligibility is a contract between you and Tempo. You must read and agree to this Agreement before using our Service. If you do not agree to this Agreement, you may not use our Service. You may use our Service only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to our Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our Service is not available to any Users we previously removed from our Service.
Access and Use Subject to your compliance with the terms and conditions of this Agreement, you may access and use our Service solely for your personal, non-commercial use. We reserve all rights not expressly granted by this Agreement in and to our Service and our Intellectual Property (defined below). We may suspend or terminate your access to our Service at any time for any reason or no reason.
You will not, and you will not assist, permit or enable others to, do any of the following:
A. use our Service for any purpose other than as expressly set forth in Section 1.2 above;
B. disassemble, reverse engineer, decode or decompile any part of our Service;
C. use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Service;
D. copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Service or any of our Intellectual Property;
E. remove any copyright notices or proprietary legends from our Service;
F. use our Service in a manner that impacts: (i) the stability of our servers; (ii) the operation or performance of our Service or any other User’s use of our Service; or (iii) the behavior of other applications using our Service;
G. use our Service in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users;
H. use our Service in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
I. use our Service for benchmarking or competitive analysis of our Service;
J. attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Service;
K. transmit viruses, worms, or other software agents through our Service;
L. impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Service for any invasive or fraudulent purpose;
M. share passwords or authentication credentials for our Service;
N. bypass the measures we may use to prevent or restrict access to our Service or enforce limitations on use of our Service or the content therein, including without limitation features that prevent or restrict use or copying of any content;
O. identify us or display any portion of our Service on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights;
P. identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Service under this Agreement, without our express written consent.
Your account on our Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to our Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.
You may control certain aspects of your User profile and how you interact with our Service by changing the settings in your settings page. By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other promotional messages, such as changes to features of our Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting Tempo support at firstname.lastname@example.org or by clicking the unsubscribe link within each promotional message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers; however opting out will not prevent you from receiving Service-related notices.
You acknowledge that you do not own the User Account you use to access our Service. Notwithstanding anything in this Agreement to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.
Access and Use
Tempo Equipment Rental
A Tempo Move device (“Unit”) will be provided to you for the duration of your paid subscription to the Service. A provided Unit (“Provided Unit”) belongs to Tempo. You do not own the Provided Unit. You may purchase a Provided Unit as set forth below. You may request delivery to your address of choice within the continental United States, excluding PO boxes.
If the Provided Unit is defective or damaged at the time of delivery, you may request a replacement device from Tempo. A defective Provided Unit will be replaced or repaired without charge. If a returned Provided Unit is damaged, you will be responsible for up to the Provided Unit cost of $495. This payment shall not constitute a sale, and the Provided Unit will still belong to Tempo.
You are responsible for loss, repair, replacement, and other costs, damages, fees, and charges if you do not return the Provided Unit to Tempo in an undamaged and unaltered condition without excessive wear and tear.
You agree that: You shall use the Provided Unit solely in connection with the Service - You shall not sell, lease, abandon, rent, or give the Provided Unit away - You shall not tamper with, disassemble, attempt to repair, or permit any other person from doing the foregoing with the Provided Unit
Purchase of Provided Unit
You may choose to purchase a Provided Unit at any point while your paid subscription to the Service is active. If you have had less than twelve months of uninterrupted Service, the purchase price will be the full retail amount of the Unit. If you have had more than twelve months and up to eighteen months of uninterrupted Service, you may purchase the Provided Unit for 50% of the retail cost. If you have had more than eighteen months and up to twenty-four months of uninterrupted Service, you may purchase the Provided Unit for 25% of the retail cost. If you have had uninterrupted Service for more than twenty-four months, you will have ownership of the Provided Unit without cost, unless you elect not to take ownership.
If you purchase the Provided Unit (or if you obtain ownership without cost after twenty-four months) you will be eligible for a reduced monthly subscription fee applicable to customers who have purchased their Unit.
Tempo Studio or Move Purchase
Orders to purchase a Tempo Studio, Tempo Move, and other Tempo Products may be made on our website. The purchase price for Tempo Products are listed on our website. A purchase order shall not become binding until confirmed by Tempo. Tempo reserves the right to cancel a purchase order for any reason. Upon purchase a Tempo Move or Studio will be delivered to your address of choice within the continental United States, excluding PO boxes. Except as set forth in our return policy, you will be responsible for the full purchase price, even if you cancel your membership, and even if you elect to finance your purchase through monthly payment options.
A purchased Tempo Studio or Move comes with a 30 day free trial, or any other trail disclosed during your purchasing process which begins at the time of delivery. After the 30 day trial or longer if disclosed prior to or during check out, you are no longer eligible to return your product for a full refund
All Tempo Studio or Moves are covered by our warranty which can be reviewed at https://tempo.fit/warranty
In case of defect or malfunction, a replacement or repair of the device will be provided free of charge in the event one is required. Any and all physical damage must be notated and shared with Tempo upon delivery. Tempo reserves the right to repair or replace devices at its sole discretion. Please see our return policy here https://tempo.fit/returns
Changes to our Service
We may, without prior notice, change our Service; stop providing our Service or features of our Service, to you or to Users generally; or create usage limits for our Service. We may permanently or temporarily terminate or suspend your access to our Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Interactions with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Subject to your compliance with this Agreement, Tempo grants you a limited non-exclusive, non-transferable, non-sublicenseable license to use the software (our “Firmware”) pre-installed on your Tempo device and related hardware (the “Tempo Device”), as part of your use of the Tempo Device for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on Tempo Firmware; (ii) distribute, transfer, sublicense, lease, lend or rent Tempo Firmware to any third party; (iii) reverse engineer, decompile or disassemble Tempo Firmware; or (iv) make the functionality of Tempo Firmware available to multiple users through any means. While you are expressly prohibited from commercially reselling the Tempo Device, you may give the Tempo Device as a gift, and, for the avoidance of doubt, this Agreement applies to any gift recipient. You are responsible for ensuring that the gift recipient receives these terms. You acknowledge that Tempo may from time to time issue upgraded versions of Tempo Firmware, and may automatically electronically upgrade the version of Tempo Firmware that is on the Tempo Device. You consent to such automatic upgrading on the Tempo Device, and agree that such upgrades are Firmware under this Agreement. Tempo reserves all rights in and to Tempo Firmware not expressly granted to you under this Agreement. All Firmware is protected by U.S. copyright law and international treaties. Any Firmware is licensed to you, not sold. Third-party code incorporated in Tempo Firmware may be covered by an applicable open source or third-party license licenses authorizing use of such code, and by using the Tempo Device you agree to be bound by the terms thereof. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. All Firmware and any related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202.
Our Service is controlled and operated from facilities in the United States. Those who access or use our Service from other jurisdictions are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use our Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
Our Intellectual Property
You acknowledge and agree that our Service and all materials and content displayed or made available on our Service, and all software, algorithms, code, technology and intellectual property underlying and included in or with our Service, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our “Intellectual Property”), are our (or our licensors’ as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property. Use of our Intellectual Property for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to submit, comments or ideas about our Service, including without limitation about how to improve our Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Some areas of the Service allow you to post content such as profile information, comments, questions, and other content or information (“your Content”). We claim no ownership rights over your Content. Your Content remains yours; however, by sharing your Content through the Service, you agree to allow others to view, edit, and/or share your Content in accordance with your settings and this Agreement. We have the right (but not the obligation) in our sole discretion to remove any of your Content that is shared via the Service.
You agree that your Content will not include any content or materials that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that your Content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but we are not obligated, to reject and/or remove any of your Content that we believe, in our sole discretion, violates these provisions. You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
In connection with your Content, you affirm, represent and warrant that: (a) you have the written consent of each and every identifiable natural person in your Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (b) your Content and our use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; (c) we may exercise the rights to your Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (d) to the best of your knowledge, all of your Content and other information that you provide to us is truthful and accurate.
We take no responsibility and assume no liability for any of your Content. You shall be solely responsible for your Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to your Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of your Content.
Additional Terms for Mobile Applications
Mobile Applications We may make available software to access our Service via a mobile device (“Mobile Applications”). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. We do not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one User Account on one or more mobile devices owned or leased solely by you, solely for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof. We or our third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of our Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and our Service. Mobile Applications from Apple App Store The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Tempo, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Tempo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
Mobile Message Service Terms and Conditions
The Tempo mobile message service (the "Service") is operated by Tempo Fit, (“we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Tempo’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Tempo through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Tempo. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to 1-833-429-2265 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Tempo mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, Call +1 (833) 966-1777, online chat at https://tempo.fit/contact or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Mobile Applications from Google Play Store
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Tempo only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Tempo, and not Google, is solely responsible for our Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Google-Sourced Software.
Instructions; Restrictions; Warnings; Disclaimers.
Please carefully read any and all instructions and User & Safety Guides that come with the Tempo Device, equipment, accessories, and other products ("Tempo Products"), including instructions that may be available online on our website or by contacting Tempo support at firstname.lastname@example.org. Please review the Tempo Move User & Safety Guide before starting with your Tempo Device.
You understand and agree that you assume all risk and liability, and we have no obligation or liability whatsoever to you or anyone else if you fail to read and follow the available instructions or use the Tempo Products for anything other than their intended purposes.
We do not guarantee that the Tempo Device or its functionality or content is accurate, reliable, always available, or complete. You may encounter content through the Tempo Device that you find offensive, indecent, or objectionable. Tempo has no responsibility or liability for such content. We have endeavored to be as accurate as possible in describing and displaying the features of the Tempo Device; however, there is no warranty or guarantee that the quality, product descriptions, or other content of the Service is accurate, complete, reliable, current, or error-free.
Your use of any third party services or products in connection with your use of the Tempo Device is subject to this Agreement and any third party terms applicable to such third party services or products. When using any third party services or products you are responsible for any information you provide to the third party. Your use of third party services or products may incur usage and/or data charges, you are responsible for any such charges. Tempo has no responsibility or liability for any third party services or products.
You acknowledge that you are solely responsible for obtaining any access to the Internet through a cellular data service provider or a wireless service provider or other Internet connectivity service provider whose service is compatible with the Tempo Device.
Charges and Payment
Billing Policies: By using the Service, you agree to our pricing and payment terms as we may update them from time to time. Unless otherwise specified at the time of purchase (eg. you placed a deposit down for your Tempo Device rental) you must pay for your Tempo Device when you place your order. You acknowledge that the amount billed may vary due to changes in applicable fees, promotional offers and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.
Deposits: : If you do not purchase your Unit upfront, we may require you to pay a $100 refundable deposit when you activate the Services, add Services, or fail to pay any amounts when they are due. Subject to applicable law, your deposit will be credited to your account (without interest) if your account remains in good standing at Tempo’s sole discretion. We may refund your deposit sooner if the Service is canceled. We will provide this refund within thirty (30) days of Service cancellation and the return of the Unit, or within the timeline set by applicable law. Refund amounts are equal to the credit balance on your account, if any, minus any amounts due on your account. Amounts due on your account may include amounts owed for the Service or for damage or excessive wear and tear to the Unit.
Subscription Plans - Membership : You will be required to pay Tempo the current per month charge plus applicable sales tax, beginning on the first day that your Membership is activated. You agree to make payments, and we will automatically charge the payment method associated with your User Account (“Payment Method”), as described below, for so long as the Membership remains active, whether dictated by your commitment period or other. Your commitment period is closed prior to and during your checkout process, as well as in our FAQ and our Terms and Conditions document. For hardware purchasers there is a minimum commitment of 12 months, or 24 months depending on your selected purchase option post 30 day trial. We may change the fees or offer new services for additional fees and charges, at any time in our sole discretion. Any change to pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. The Membership will continue until canceled in accordance with this Agreement. You must cancel the Membership at least three days before the end of a monthly period to avoid an additional month of Service. You are not entitled to a refund for any partial month in which you cancel, or any unused months of membership in the event you cease to use your product during your purchased commitment window
Payment Information; Taxes
You must provide Tempo with a current, valid, accepted Payment Method. You hereby authorize Tempo (through our third-party payment providers) to bill the fees to your Payment Method, along with any applicable taxes or additional fees due during the billing period. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with our Service must be accurate, complete, and current. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Third-Party Payment Provider
We use Stripe as our third party service provider for payment services. By using our Service you agree to be bound by Stripe’s Services Agreement available at stripe.
Shipping and Returns
All products ordered will be delivered to the shipping address you provide. If Tempo provides an expected shipping date, such date is an estimate and subject to change. Tempo shall not be liable for any change in such expected shipping date. Your billing and shipping addresses may be different. We will arrange for packing and shipment of the Tempo Device to you; provided that we may charge you if you change your shipping address after ordering the Tempo Device. Scheduled shipping and delivery dates are estimates only and cannot be guaranteed. We will make commercially reasonable efforts to ship the Tempo Device to you by the scheduled delivery dates, but we are not liable, under any circumstances, for any losses, damages or penalties due to any delays in shipments or deliveries.
Your use of a Tempo Device is subject to the Tempo Shipping & Returns Policy, as updated from time to time applicable to your Tempo Device(s). The Shipping & Returns Policy for Tempo Devices is available here: https://tempo.fit/returns. You hereby acknowledge that you have reviewed and understand the Shipping & Returns Policy applicable to your Tempo Device(s), and that you agree to all of the content therein.
Tempo Studio - Change Requests
You may request to change any order details of your Tempo Device free of charge up to 48 hours after your purchase date. After 48 hours post-purchase and before the in-home delivery is scheduled, any change to your order, including shipping information, is subject to a nonrefundable $50 change fee.
If an order change request is made any time after an assignment with the fulfillment partner, the customer may be subject to a nonrefundable change fee and an additional delivery delay of two or more weeks. An order change for a Tempo Studio order is subject to a $250 change fee. Change requests are not possible after a delivery date has been scheduled with our fulfillment partner.
Tempo Move - Change Requests
An order change request at any time after an order has been placed may be subject to a nonrefundable $50 dollar order change fee.
No Professional Advice
If the Service provides professional information (for example, medical), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Before using your Tempo Device or Tempo Products, as with any fitness plan, you should consult a physician who can assess an appropriate exercise regiment based on your overall health and any particular health conditions that may influence your safe use of the Tempo Products. Certain exercise programs, classes, or equipment may not be appropriate for all people. Incorrect or excessive training can result in serious injury or death.
Our coaches will be able to provide personal training-related recommendations via Tempo’s classes, newsletters, emails, or social media channels. However, they are not physicians. Consult your doctor before starting any fitness program. You are highly encouraged to carefully review any information you encounter with your professional healthcare provider.
Please carefully read any and all instructions that come with the Tempo Device, including instructions that may be available online on our website or by contacting Tempo support at email@example.com. You understand and agree that you assume all risk and liability, and we have no obligation or liability whatsoever to you or anyone else for any or all of the following activities: We care about the integrity and security of your personal information. We use physical, managerial, and technical safeguards in its sole discretion to preserve the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Tempo and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Data including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of our Service with your unique username, password or other appropriate security code.
OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF OUR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEMPO OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TEMPO, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF OUR SERVICE.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limited Warranty for Tempo Device
If you purchase a new Tempo Device (which was not previously a Provided Unit), it is subject to the Limited Warranty Policy, as updated from time to time, applicable to your Tempo Device(s). Additionally, you are eligible for the Limited Warranty if you purchase the Provided Unit within the warranty periods. In that instance, the applicable warranty periods will be based upon the delivery date of the Provided Unit and not the date of purchase. The Limited Warranty Policy for Tempo Devices is available here. You hereby acknowledge that you have reviewed and understand the Limited Warranty Policy applicable to any Tempo Device(s) you own, and that you agree to all of the content therein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEMPO, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; AND/OR (VII) YOUR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TEMPO, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS, BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TEMPO HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Cancellation of Membership “Service”
The Membership will remain in effect from activation until it is canceled (by us or by you), as described below.
You may cancel the Membership by following the instructions on the Tempo application or website:
For all customers
(a) At any time within 30 days of the delivery of your Tempo Studio or Move product - for a full refund of your Membership subscription fee. In this instance Tempo will cover the shipping cost of returning the Unit, subject to the provisions below.
All subscribers are eligible for a three (3) month subscription pause per calendar year
For Rental customers only
(a) At any point following 30 days after the delivery of your device . In this instance, you will be charged $100 for the costs of returning the Unit if you have not purchased it. Please reference https://tempo.fit/returns for further information
Upon cancellation, you must immediately cease all use of the Service. If you have not purchased your Unit, it must be returned to Tempo within 30 days of the date of cancellation. You are responsible for loss, repair, replacement, and other costs, damages, fees, and charges if you do not return the Unit to Tempo, within 30 days of the date of cancellation, in an undamaged and unaltered condition without excessive wear and tear.
For Move and Studio purchasers
(a) At any time within 30 days of the delivery of your Tempo Studio or Move product - for a full refund of your Membership subscription fee and purchase price. In this instance Tempo will cover the shipping cost of returning the Unit, subject to the provisions below.
(b) After the 30 day trial period all members are committed to a 12 month subscription plan, or a longer period that was purchased by the customer (e.g., 24 months for members that purchased a 24 month Membership).
All customers are bound by the subscription service policies disclosed upon purchase and in the above Services and Membership section, up to and including commitment windows as well as any applicable trial or return windows displayed at or during the time of purchase.
Subject to applicable law, Tempo reserves the right to immediately cancel or suspend the Service without notice for any reason or no reason. Tempo also reserves the right to remove from the Service any information stored or transmitted by or to any users (e.g., User Account profile information). We may take these actions if we reasonably determine that your use of the Service: (a) violates this Agreement, any applicable policies, or any laws, rules, or regulations; (b) interferes with our ability to provide the Service to you or to others; or (c) interferes with or endangers the health or safety of our personnel or third parties. We have discretion in deciding whether and why to cancel or suspend the Service.
For further information, please refer to Tempo’s Shipping and Return Policy.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
Governing Law. You agree that: (i) our Service shall be deemed solely based in California; and (ii) our Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. For any dispute with Tempo, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute we have with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and we agree otherwise. If you are using our Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. NOTHING IN THIS SECTION SHALL BE DEEMED AS PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement
This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with our Service, shall constitute the entire agreement between you and us concerning our Service. None of our employees or representatives are authorized to make any modification or addition to this Agreement. Any statements or comments made between you and any of our employees or representatives are expressly excluded from this Agreement and will not apply to you or us or your use of our Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact: Please contact us at email@example.com with any questions regarding this Agreement. California Residents The provider of our Service is Tempo Interactive Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.