We are APAR SRL Last Update: 18 September 2024

1. Introduction

These terms and conditions (“Terms”) apply to:

• the Tribe Run Club website located on www.triberunclub.com (“Site”); and
• the Tribe Run Club mobile applications available on Apple App Store (iOS) (“App”). 

The Site and the App are owned and operated by APAR SRL with its registered address at Milano at Viale della Liberazione 15, Italy, 20124. Tribe Run Club is the trading name of APAR SRL. Throughout these Terms, the terms “Tribe Run Club”, “we”, “us”, “App”, “Site”, “Platform” and “our” refer to APAR SRL

By visiting the Site and/or using the App, you agree to be bound by and comply with the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms should be read alongside our Privacy Policy.

If you have any queries, please reach out to us via email at support@triberunclub.com

‍PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND/OR THE APP.  BY DOWNLOADING, INSTALLING OR ACCESSING THE APP OR BY THE BROWSING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS WHICH ARE LEGALLY BINDING.  IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, YOU SHOULD NOT USE THE SITE AND THE APP.‍

2. General information

Tribe Run Club is an application designed to connect runners, allowing users to participate in or organize training sessions at any time and location. The platform facilitates goal achievement by matching users with suitable training partners of various experience levels. Users may follow their own training plans or join existing sessions, fostering both individual progress and community engagement. Through the App, users can explore new running locations and share their achievements with the wider community or select training partners.

3. App updates and functionality

We may make updates to the App available to you from time to time which may add features or fix bugs. We recommend that you keep the App updated as you may not be able to use them until you have installed the latest version. 

The App are provided over the Internet and so their quality and availability may be affected by factors outside our control.  We are not responsible for any connectivity issues that you may experience when using the App.  You are responsible for obtaining a compatible device, as well as for paying any applicable data charges that may be charged to you by your network provider in connection with your use of the App.

Like with all applications, the App may include bugs and other errors from time to time.  While we aim to fix bugs that we are aware of, we do not guarantee (and so do not take responsibility for ensuring) that the App or the Site will be error-free or that any such errors will be corrected.

From time to time, the App may include integrations with third party products and services. As these connections are additional to our core service and reliant on a third party: (a) we do not accept responsibility for such connections; and (b) they may stop working or be removed at our discretion (without refund).

4. Third party store rules

You agree to comply with the Apple Media Services Terms and Conditions as applicable to your device, when making use of the App. 

You acknowledge that: 

• the availability of the App is dependent on the Apple App Store from which you downloaded the App;
• these Terms are between you and Tribe Run Club, and not with the Apple;
• the Apple App Store is not responsible for: (a) the App, its content, maintenance, support, and warranty; or (b) addressing any related claims (such as product liability, legal compliance or intellectual property infringement); and
• the operators of the Apple App Store (and its subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.

5. Location data

The app makes use of functionality on your device that can pinpoint your location. We do this to provide our Services which include the possibility to see trainings created around you. You will be able to see the events created around your location or in a selected area.

When you open the App for the first time, you will be asked whether the app can use your location and in what circumstances.

You can change your choices at any time in the app settings.

6. Permitted use 

You agree to use the Site and the App only as permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices in your country of residence.  You may only use the Site and the App for your personal use and the licence we grant to you is non-commercial, non-exclusive and non-transferable. 

You will not (and will not attempt to):

• modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of the Site or the App;
• copy, reproduce or otherwise make available any of the contents of the Site or the App in any form or by any means;
• use the Site or the App for any illegal or unlawful purpose;
• access any of the services by any means other than through the interface that is provided by Tribe Run Club, nor will you access via any automated means (such as scripts or web crawlers);
• gain access to Tribe Run Club’s systems or engage in any activity that interferes with or impairs the performance or security of Tribe Run Club’s networks and systems;
• collect any personally identifiable information via the Site or the App for any purpose; and
• reproduce, duplicate, copy or sell for any purpose either: (a) any aspect of the services for any purpose; or (b) any product or service bearing the Tribe Run Club name or any of our trademark, service mark, logo or trade name.

7. Content Responsibility and Usage

You are responsible for the content you upload or make anyhow in the App or Site (“Your Content”). Please avoid sharing anything that may violate these Terms or expose you or us to legal liability.

You are solely responsible for Your Content. You agree to indemnify, defend, release, and hold Tribe Run Club harmless from any claims made in connection with Your Content. You also represent that any information provided to us or other users is accurate, including information submitted via third-party sources, if applicable. It is your responsibility to update account information as necessary to maintain its accuracy.

Your profile content should be relevant to the intended use of the Services. Prohibited content must not be uploaded. Personal contact information (such as phone numbers, emails, or banking details) must not be included in your content. If you choose to reveal personal information to other users, you do so at your own risk. We encourage caution when disclosing any personal details online.

Please be aware that your profile and content may be visible to others globally, and other users may share it with third parties. You must have all necessary rights to upload Your Content, and by doing so, you grant us  an irrevocable, worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferrable license to copy, distribute, use, print, publish, republish, reformat, translate, modify, revise and incorporate into other works, prepare derivative works of and display in public in the Apps or in any form of media or expression Your Content. Your Content may be used by us commercially at ours sole discretion. Tribe Run Club may monitor, review, edit, or remove Your Content at its sole discretion without obligation to display or review it.

APAR may also place advertising on the Services as consideration for your use of the platform. By submitting feedback or suggestions regarding the Services, you agree that APAR may use this feedback freely without compensating you.

8. Member Content Usage

While you have access to other member content (“Member Content“), it belongs to the user who posted it. Member Content must not be copied or used for purposes outside of what is allowed by the Services. Be mindful that other users’ content may contain biased or incorrect information, and you are responsible for verifying its accuracy. We do not guarantee the accuracy or reliability of any Member Content, and any use of Member Content is done at your own risk. Misuse of Member Content for commercial purposes or harassment may result in account termination.

9. Interaction with other users

Tribe Run Clun make functionality available in the Apps for you to communicate with other users and organize and participate at trainings.  You are solely responsible for your communications, organization and participation at trainings with other Tribe Run Club users.  Tribe Run Club is not liable for any interactions between Tribe Run Club users.

10. Limitation of Liability

Tribe is not liable for any incidents that occur during training events listed on the Platform, including but not limited to:

• Personal injury or property damage
• Event cancellations or changes
• Dissatisfaction with the event experience

11. Intellectual property rights

The Site and the App and all content included therein (such as, for example, images, sounds, videos, text, graphics, logos, pictures, wordings, claims, illustrations, codes, contents) are protected by Italian and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or third party partners have placed on or within the Services. All rights not expressly granted hereunder are expressly reserved to Tribe Run Club and its licensors

12. External services

The app may enable you to access services and websites that we do not own or operate.

We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.

You must not use external services in any way that:

• is inconsistent with these terms or with the terms of the external service; or
• infringes our intellectual property rights, or the intellectual property rights of any third party.
• from time to time, we may change or remove the external services that are made available through the app.

13. ‍Limitation of liability

We will use reasonable endeavors to provide the Services to you with reasonable skill and care, but we do not warrant that the Services will meet your requirements or that the Services will be uninterrupted or error-free, or that the results from our Services will be completely accurate and reliable, or that all errors can be corrected.

Our responsibility to you in connection with your use of the Site and the App (also known as “liability”) is limited as much as the law in your country of residence will allow from time to time.We are not responsible or liable for any consequential, special, indirect or incidental damages arising out of your use of the Site and the App, even if we know that such losses might arise.  Our aggregate liability to you will not exceed the greater of EURO 100.

You acknowledge that running by its nature carries risks of injury and to the fullest extent permitted by law we disclaim any liability for any injury or damage sustained whilst you are using our Services.

Apart from expressly set out in this agreement, our Services are provided ‘as is’. We are a fitness app but are not providing medical advice to you and if you require advice you should speak to a physician or medical professional before using our Services.

We do not monitor take responsibility for the conduct of any training events or activities which may use the app or our Services: where an app user organizes a group event or a one-to-one event, we disclaim any responsibility or liability in relation to the same, to the fullest extent permitted by applicable law.

You further agree, to the maximum extent permitted by the law in your country of residence, to:

• voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Tribe Run Club; and
• release Tribe Run Club, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “Released Parties”) from any and all liability in connection with your athletic activities and/or use of the Site and the App and promise not to sue the Released Parties in connection with the same.

14. ‍Indemnification

You agree to indemnify and hold Tribe Run Club and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand or loss (including reasonable legal fees) resulting from any third party claim in connection with:

• your breach of these Terms; or
• your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right.

15. ‍‍Termination

If you breach these Terms, we may terminate your right to make use of the App.  We will notify you of the fact we are terminating and the reasons for it, and you will not be entitled to a refund.

16. Changes to these Terms

We reserve the right to update and revise these Terms from time to time by posting an update on this webpage.  You will know if these Terms have been revised since your last visit to the website or the App by referring to the “Last Update” date at the top of this webpage.  Your use of our Site and App constitutes your acceptance of these Terms as amended by us from time to time, and you should, therefore, review these Terms regularly.

17. Other terms

By using the App you confirm that 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 
• listed on any U.S. Government list of prohibited or restricted parties. 

You consent to receive communications from us electronically.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition or sale of assets) or by law.

If any of these Terms are found to be invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining terms or conditions.

These Terms contain the entire understanding and agreement between you and Tribe Run Club concerning the Site and App and replace all previous terms and conditions.

A failure to act concerning a breach by you or others does not waive Tribe Run Club’s right to act concerning subsequent or similar breaches.

18. Ending these Terms

We can end these Terms if you do not comply with any part of it.

We will give you a reasonable amount of notice before these Terms ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.

The consequences of the Terms ending are as follows:

• You are no longer allowed to use the app and we may remotely limit your access to it;
• You must delete the App from any devices that it has been installed on;
• And we may delete or suspend access to any accounts that you hold with us.

You can delete your app at any time.

19. Transferring these Terms

We may transfer our rights under these Terms to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.

You are not allowed to transfer your rights under these Terms to anyone without our prior written consent.

20. Dispute resolution & governing laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before taking any further action.

These Terms are governed by and are to be construed in accordance with the laws of Italy.  Any dispute arising under these Terms will be subject to the exclusive jurisdiction of the court of Milan.