Terms and Conditions
- the Sweat Token app (“App”);
- Sweat Tokens (a type of cryptographic token) issued by us; and
- our wallet service for accessing your cryptographic tokens (“Wallet”) provided through the App,
and any other content and services available through the App, as updated or added to from time to time.
In these Terms, we refer to the App and Wallet, and all services and content provided by us through them collectively as the “Service”. The Service is owned and operated by The Sweat Foundation Ltd, a company registered in the British Virgin Islands under company number 2081818 with its registered office at Trinity Chambers, PO Box 4301, Road Town, Tortola, British Virgin Islands (“Sweat Foundation”, “we” or “us”).
Please read these Terms carefully before you start to use the Service, as they set out the legal agreement between Sweat Foundation and you for your use of the Service. By downloading, installing, using or accessing the Service, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Service.
These Terms set out important information regarding your rights and obligations in connection with the Service. In particular, we draw your attention to:
- the limitations and risks associated with the use of your Wallet and use of the Sweat Token and any other Supported Cryptocurrency at Section 8.
- the sections that describe the limits on our liability to you contained in Sections 22, 24 and 26 below.
2. YOUR PRIVACY
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. ADDITIONAL TERMS FOR SPECIFIC SERVICES
4. YOUR RIGHT TO USE THE SERVICE
SweatCo grants you the right to do the following provided you follow all of the rules in these Terms:
- download, install and use the App and Wallet, and any updates to it provided by SweatCo from time to time, for your personal use only on a compatible mobile device owned or controlled by you; and
- use the Service for your personal use only,
The Licences are for your personal and domestic use only. You must not use the Service for commercial, business or resale purposes.
5. TERMINATION OF YOUR RIGHT TO USE THE SERVICE
Sweat Foundation may end the Licences at any time and for any reason (or no reason) by giving you at least fourteen 14 days’ notice that the Licences have ended.
We may also end the Licences immediately if you break any provision of these Terms by ending your Sweat Token Account without notice to you.
Where any of the Licences are terminated, you must immediately cease using and accessing the Service and delete any copies of the App and Wallet held by you.
6. SWEAT TOKENS VS SWEATCOINS
“Sweatcoins” are units of exchange issued by SweatCo Ltd. that users the separate sweatcoin app may generate through verified physical movement (e.g. steps) only. Sweatcoins may be used to get certain benefits that are offered via the sweatcoin app. More information can be found here.
Sweatcoins are not the same as Sweat Tokens. Sweatcoins are not a cryptographic token and have no viability or use outside of the sweatcoin app. In the future, you may be able to exchange your sweatcoins for Sweat Tokens, or vice versa. We will inform you of this service in the App.
You acknowledge and agree that Sweat Tokens may not be redeemed for cash from Sweat Foundation or any of its affiliates, unless we expressly agree otherwise with you in writing.
You may be eligible to receive an amount of Sweat Tokens at time of the Sweat Token launch, depending on the amount of Sweatcoins you have earned in the sweatcoin app. The amount of Sweat Tokens you may be eligible to receive at the launch of Sweat Token will be displayed as an estimate in the App. This estimate is for information only and is subject to change based on a number of factors including without limitation your usage of the App, as well as changes which Sweat Foundation shall be entitled to make in its sole discretion to the features, number or terms of Sweat Token as Sweat Foundation shall determine.
Prior to the Sweat Token launch, we may, at our discretion, allow you to create a new Sweat Wallet if you have lost access to your previous Sweat Wallet. We will inform you if we are able to do so.
You agree that, to the fullest extent permissible by law, Sweat Foundation shall have no liability to you in respect of any difference between the estimated amount of Sweat Tokens displayed in the App and the number of Sweat Tokens delivered to your Wallet at the launch of Sweat Token.
7. USING YOUR WALLET
The Wallet is a non-custodial wallet that allows you to receive, and store Sweat Tokens, and possibly other cryptographic tokens. The Sweat Token is built on the Near protocol and is subject to these Terms and the terms and conditions of the Near protocol, operated by the Near Foundation (“Near”) from time to time which can be found at Near.org.
The Wallet is an interface that allows you to access the Near protocol. The Wallet will not give you the ability to control the actions of others on the Near protocol.
You can use the Wallet to hold the specific cryptocurrencies that are supported by us from time to time (“Supported Cryptocurrencies”). At the date of these Terms, the only Supported Cryptocurrency is Sweat Token. We may add functionalities in the future which will enable you to hold Sweat Tokens operating on other blockchains, such as on the Ethereum blockchain. We may also add functionality on the Wallet to add other Support Cryptocurrencies. We will always let you know, within the App, what types of Sweat Tokens and cryptographic tokens are supported.
NOTE YOU MUST ALWAYS ENSURE THE CRYPTOCURRENCIES YOU SEND TO YOUR WALLET ARE SUPPORTED BY THE APP. SENDING CRYPTOCURRENCIES WHICH ARE NOT SUPPORTED TO YOUR WALLET MAY RESULT IN TOTAL LOSS OF YOUR CRYPTOCURRENCIES. YOU ACKNOWLEDGE THIS RISK AND AGREE THAT WE WILL HAVE NO LIABILITY IF YOUR CRYPTOCURRENCIES ARE LOST. YOU FURTHER ACKNOWLEDGE THAT WE HAVE NO ABILITY TO RECOVER YOUR CRYPTOCURRENCIES IN THESE SITUATIONS.
Information relating to the Supported Cryptocurrencies will be published on the App. We may add or remove a Supported Cryptocurrency in our absolute discretion. If we remove a Supported Cryptocurrency we will notify you and you must withdraw your balance of such Supported Cryptocurrency within 30 (thirty) days. After this period, the balance will be unavailable for withdrawal via the App.
Under no circumstances should you attempt to carry out a Wallet transaction in relation to a cryptocurrency other than a Supported Cryptocurrency. Before completing any Wallet transaction, you should therefore ensure that the cryptocurrencies are current in the list of Supported Cryptocurrencies. In particular, you accept and agree that you will have no access, entitlement or claim:
- to any cryptocurrency sent to a receive address associated with your Wallet where that cryptocurrency is not a Supported Cryptocurrency; or
- to any cryptocurrency sent to a receive address associated with your Wallet, where that receive address is associated with another cryptocurrency. For example, you will have no access, entitlement or claim to any Sweat Tokens sent to a Bitcoin (BTC) receive address or vice versa.
We will process Wallet transactions in accordance with these Terms. You accept and agree that neither Sweat Foundation nor Near, does or can:
- reverse or modify any transactions made by you through your Wallet, because they are irreversible.
- guarantee the identity of any user, receiver, or other party to a Wallet transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to Sweat Foundation and you acknowledge that entering incorrect transaction instructions to Sweat Foundation may result in loss to you for which Sweat Foundation has no liability;
- have any control over, or any liability in relation to, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to any third party. Sweat Foundation shall not be responsible for, and will take no action in relation to, ensuring that any buyer or seller you transact with using your Wallet completes the relevant transaction or has the requisite authority to do so;
- have control nor does Sweat Foundation accept any liability in respect of any underlying blockchain network issues, including but not limited to forks, double spends and 51% attacks.
You may receive Supported Cryptocurrency into your Wallet by providing the sender with a receive address of your Sweat Wallet. Your Wallet will only be credited with the Supported Cryptocurrency sent to a receive address of your Wallet and associated with that Supported Cryptocurrency. For example, your Wallet will be credited with Sweat Token when it is sent to a Sweat Token receive address of your Wallet. Likewise, the Wallet will only allow the sending of Supported Cryptocurrency to other wallets previously registered by you on the App, which will depend on know your transaction analysis and Sweat Foundation approval.
You understand that the purchase, transfer and use of Sweat Token and any Supported Cryptocurrency comes with serious risks, in addition to those already mentioned. This includes but is not limited to the volatility in price, failed transactions, transactions to incorrect addresses and or receiving cryptocurrency that is not a Supported Cryptocurrency. It is your responsibility to understand the nature of such risks. The Service is not obligated to inform you of such risks.
You understand that the App and the Wallet are non-custodial wallets, and are a technology tool only to enable you to access your cryptocurrencies held at your wallet address. You may use other technology tools to access your cryptocurrencies held at your wallet address.
8. CHARGES AND TRANSACTION FEES
We may from time to time impose transaction fees and charges for the use of the Service or to enable specific functionality on the Service. Where we do this, we will be entitled to deduct the applicable number of Sweat Tokens or Supported Cryptocurrencies from your Wallet and we may retain and use the Sweat Tokens that we deduct for our own benefit.
We will always be transparent about any applicable charges and details of any such charges are provided within the FAQ section of the App.
We may impose charges in relation to the use of the App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of all or some specific functionality or services accessed via the Service. We will provide you with at least fourteen 14 days’ notice before such charges take effect and you can choose whether to continue with the service being charged for. If you do not accept and make payment of the charges by the expiry of the notice period then if the charges related to all of the services accessible through the App then we may restrict the functionality or services that you may access through the App to ‘free’ services.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments (“Taxes”), that may arise as a result of your use of the Service and your Sweat Token purchase and transactions.
It is your responsibility to provide any necessary information to the relevant tax authorities in your jurisdiction in relation to these Taxes.
10. Third Party Purchases
We may offer codes (“Sale Codes”) that can be used to obtain benefits from third-parties (this may include, but is not limited to discounts that can be used with retailers, websites or other services, as well as advertisements or external links to third-party providers)(“Third-Party Benefits”).
You agree that Sweat Foundation has no responsibility for any Third-Party Benefits. You are contracting directly with the relevant third party when you redeem or use your Sale Codes to acquire Third-Party Benefits and any redemption or use happens on third party website or apps that are not controlled by us. You agree that we have no control over and do not guarantee the quality, safety or legality of any Third-Party Benefits, the truth or accuracy of their offers, or the ability of third-parties to provide any goods, services or other benefits offered. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of the third-parties who’s Third-Party Benefits are promoted via the Sweat Token Marketplace. Our operation of the Sweat Token Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any third-party.
Any redemption or use of the Sale Codes are subject to any terms that are stated as part of the Sales Codes.
Sweat Foundation is entitled to alter the selection of Sale Codes on offer, and the number of Sweat Tokens or Supported Currencies required to redeem any such Sale Codes offered on the Sweat Token Marketplace, as well as to limit the number of possible redemptions of any Sale Codes by any user or group of users in its absolute discretion.
We welcome feedback on the Sale Codes.
11. PRIZE DRAWS
From time to time, Sweat Foundation may offer you the chance to enter into prize draws sponsored by one of our third-party partners. The name of the third-party partner will be identified when you enter the prize draw and any specific terms relating to the prize draw. Each prize draw will be subject to our general prize draw terms.
- ACCOUNT AND WALLET SECURITY
In order to use the App you must create a Sweat Wallet Account. You are responsible for all uses of your Sweat Wallet Account, whether by you or a third party.
You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your Sweat Wallet Account and that the details of accessing your account, including your seed phrase, Near access keys and private keys associated with your Sweat Wallet, and any recovery phrases associated with your Sweat Wallet (the “Security Details”) are kept confidential and secure at all times.
NOTE THAT IN ALL CASES, YOU WILL SOLELY BE RESPONSIBLE FOR YOUR SECURITY DETAILS, AND IN PARTICULAR YOUR SEED PHRASE AND PRIVATE KEYS USED TO ACCESS YOUR WALLET. WE DO NOT STORE YOUR KEYS OR SEED PHRASE, AND HAVE NO ABILITY TO RECOVER THESE IF THEY ARE LOST. IF YOU LOSE ACCESS TO YOUR WALLET, YOU MAY LOSE ALL ABILITY TO ACCESS YOUR CRYPTOCURRENCIES. YOU ACKNOWLEDGE THAT THE APP IS A NONCUSTODIAL WALLET, MEANING YOU ALONE ARE RESPONSIBLE FOR YOUR SEED PHRASE AND PRIVATE KEYS. WE HAVE NO ABILITY TO RECOVER YOUR WALLET OR YOUR CRYPTOCURRENCIES.
You should also enable all relevant security features on the device you use to access the Service and within the App itself such as two-factor authentication and PIN Code or Touch/Facial ID access control.
We recommend that you use reliable virus and malware screening and prevention software and keep your devices up to date with the latest software and security versions.
13. CLOSING YOUR SWEAT WALLET
You may delete your Wallet at any time. If you delete your Wallet, you may no longer be able to access the Service. If you wish to access the Service in the future you will need to follow our account recovery process. YOU MUST HAVE YOUR PRIVATE KEYS AND SEED PHRASE TO RECOVER YOUR WALLET.
Upon termination and/or the closure of your Wallet, you will remain responsible for all transactions made and Services accessed while the Wallet was open. You cannot close your Wallet to evade investigation or regulatory action by law enforcement.
If you have any issues using your Sweat Wallet, Sweat Token or the Services, please contact us via [email protected]
15. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Service (including in the App and the Wallet) throughout the world belong to us (or our licensors) and the rights in the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service other than the right to use them in accordance with these Terms.
16. USER CONTENT
You are solely responsible for any data, text, images, graphics and other content that you submit, post or display on or via the Service ("Your Content").
We do not claim ownership of any User Content. However, you grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable, perpetual licence to use, aggregate, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate and otherwise fully exploit Your Content for any purpose relating to the Service and our business, at any time.
You agree that we are not responsible for, and do not endorse, Your Content or any data, text, images, graphics and other content that may be submitted, posted or displayed on or via the Service by another user (“Other User Content”) and that we do not have any obligation to monitor, edit, or remove Your Content or any Other User Content. However, we reserve the right, without obligation, to monitor, moderate, edit or remove any such content.
In general, we will only review Your Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, as a result of an appeal to an account suspension, or as a result of a technical problem with the Service. You agree that we may access and use Your Content for this purpose.
You will make sure that Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that Your Content must not:
- infringe any third party's copyrights or other rights (e.g., trade mark, privacy rights, etc.);
- contain sexually explicit content or pornography;
- contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group;
- exploit minors;
- depict unlawful acts or extreme violence;
- depict animal cruelty or extreme violence towards animals;
- promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
- break any law, rule or regulation.
We welcome any feedback or suggestions for improvements relating to the Service and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates will have the right to use such Feedback for such purposes as we see fit from time to time, including to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion. We will not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use it.
18. ACCEPTABLE USE
You agree that you shall not:
- copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the App or Site or any content accessible on either, save as otherwise expressly permitted by these Terms or applicable law;
- use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service;
- reproduce, frame, display or mirror the Service other than as a necessary consequence of their normal operation by you;
- infringe our intellectual property rights or those of any third party in relation to your use of the Service;
- transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Service;
- use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- use the Service in any way that breaches any law or regulation, including any applicable export control laws, privacy laws or any other purpose not reasonably intended by Sweat Foundation;
- employ any technology that interferes in any way with the proper operation of the Service, including by blocking any advertising or promotions displayed thereon; or
- collect or harvest any information or data from the Services for any commercial purpose, save as otherwise agreed in writing by us
- use the Service in a manner that results in or may result in any complaints, disputes, fees, fines, penalties and other liability to Sweat Foundation, any user of the Service, any third party or you;
- send or receive what we reasonably believe to be potentially fraudulent or unauthorised funds or intentionally try to defraud (or assist in the defrauding of) Sweat Foundation or other users;
- use an anonymising proxy, whether electronically, physically (e.g. using a P.O. box as your address) or otherwise;
- use the Service on behalf of any third party or otherwise act as an intermediary between Sweat Foundation and any third parties;
- be in, under the control of, or a national or resident of the People’s Republic of China, Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are a person on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or the HM Treasury’s financial sanctions regime;
- use the Service to transact or communicate with such persons;
- be involved with:
- any unlawful activities, including but not limited to weapons of any kind, controlled substances, ponzi schemes, adult content, lottery contracts, purchasing goods from Tor hidden service markets or “Darknet”, adult content, pseudo-pharmaceuticals;
- any other matters which we communicate to you that are unacceptable from time to time and which, for example, may be restricted by our and your service partners or regulatory bodies.
If we discover any breach of this Section 19 by you, we may immediately suspend or terminate your access to the App and remove and delete any offending content from the Service.
19. CHANGES AND UPDATES TO THE SERVICE
Sweat Foundation may alter the functionality or contents of the Service with or without notice to you.
We may issue updates to the App from time to time. Depending upon the nature of the update, you may not be able to continue to use the App until you have downloaded the latest version of the App.
20. CONTACTING US
If you would like to contact us, including with any feedback, questions, complaints or claims about the Service, please contact us via [email protected]
21. AVAILABILITY OF THE SERVICE
The Service is provided “as is” and “as available” with all faults. We do not guarantee that the Service, or any part of it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. You agree that your use of the Service is at your own risk. We will not be liable to you if the Service (or any part of it) is unavailable at any time or for any period.
22. THIRD PARTY SERVICES
Sweat Foundation may include in the Service links to other sites or applications that are owned or operated by third parties (“Third Party Services”). You also agree that Sweat Foundation has no control over the content of Third Party Services and does not have any responsibility for any material available on such Third Party Services nor for any use of or reliance on the contents of such Third Party Services by you. The fact that we may link to a Third Party Service does not mean that we endorse it or the products or services on it. In particular, where the Third Party Service relates to your health, you should always take appropriate medical advice before using it.
23. LIMITATIONS OF THE SERVICE
The Service is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Site and App and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.
From time to time we may make available additional terms or guidance in relation to the usage of the Service and, where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Service.
25. OUR LIABILITY TO YOU
The Service has not been developed to meet your individual requirements, and therefore it is your responsibility to ensure that the facilities and functions of the Service meet your requirements.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to the maximum aggregate limit specified in the following paragraph.
Our maximum aggregate liability to you in respect of the Service (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall in no circumstances exceed the sum of twenty pounds (GBP 20).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Sweat Wallet Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password.
Reliance on any information provided by Sweat Foundation or in connection with the Service is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Service..
We are not responsible for events outside our control. If our provision of the Service or support for the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.
26. APP STORE REQUIREMENTS
You acknowledge and agree that the availability of our App is dependent on the third party stores from which you download the application, including Apple Inc.’s (“Apple”) App Store (the “Apple App Store”) and Google LLC’s (“Google”) App Store (“Google Play”).
Through our App, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Service. When you make an In-App Purchase, you are doing so through the Apple iTunes service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html. Sweat Foundation is not a party to any In-App Purchase.
We may transfer our rights and obligations under these Terms to a third party. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You are not entitled to transfer your rights or your obligations under these Terms without our prior written consent.
Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Terms and our agreement are governed by English law. You can bring legal proceedings in respect of the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
App Store Terms
3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sweat Token App. We do not offer maintenance or support services in connection with the Sweat Token App.
5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Sweat Token App or your possession and/or use of the Sweat Token App, including, but not limited to: (i) product liability claims; (ii) any claim that the Sweat Token App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the Sweat Token App or your possession or use of the Sweat Token App infringes that third party’s intellectual property rights, Sweat Foundation and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must comply with any third party terms that are applicable to the use of the Sweat Token App from time to time.
10. Sweat Foundation offers optional in-app purchases in the form of auto-renewing subscriptions. The subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your App Store account settings after purchase.