Terms & Conditions

The Terms of Use are effective on January 01, 2020.

The Service is owned or controlled by PerFIcT Inc., operating under a DBA as WeStrive. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. For the purposes of these Terms Of Conditions unless otherwise noted, all references to WeStrive include PerFIcT Inc. and WeStriveApp.com.

WeStrive has the sole right at any time and without prior notice to revise these Terms. WeStrive will post changes on the website/app and it is your responsibility to review these Terms and any modifications.

WeStrive has the right at any time and without prior notice to terminate some or all of WeStrive services, any feature or portion thereof, or any products or services offered, and to terminate your right to access or use WeStrive services or any feature or portion thereof.

By signing up for WeStrive, you hereby assume all risks of participating in WeStrive programs, and release WeStrive and all WeStrive personal trainers from liability.

You are verifying that you are physically fit enough and have sufficiently prepared for the participation in WeStrive programs, and have not been advised not to participate by a qualified medical professional. You certify that there are no health-related reasons or problems which preclude your participation in these programs.

You WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, or actions of any kind which may hereafter occur to you including your traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: WeStrive, PerFIcT Inc., and all WeStrive personal trainers.

You INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all claims made as a result of participation in these programs, whether caused by the negligence of release or otherwise.

Personal Trainer Terms

1. Age: By signing up for WeStrive as a personal trainer/coach, you are confirming you are at least 18 years old.

2. Services: The Personal Trainer is responsible for obtaining and maintaining any required certification(s). If the Personal Trainer certification status is misrepresented, this agreement can be cancelled by WeStrive. The Personal Trainer is responsible for the submission of evaluations, and any other program completion required by WeStrive.

3. Fees and Remuneration: As a personal trainer, you are acknowledging that WeStrive, including payment and processing fees, will receive a minimum of 10% from every program sold for our costs in development, marketing, administration, sales, customer service, and more unless otherwise discussed with WeStrive.

4. Intellectual Property Agreement: The Personal Trainer agrees that the programs provided to WeStrive were created solely by you and aren’t the intellectual property of another trainer. You maintain ownership in these fitness programs if they were created by you and are simply giving PerFIcT Inc. full permission to host, sell, promote, and distribute these programs.

5. Independent Contractor: Nothing in this agreement shall, in any way, be construed to constitute the Personal Trainer as an agent, employee, or representative of WeStrive. WeStrive is not responsible for withholding or paying federal, state, or local income tax, FICA, unemployment, or other similar taxes nor liability, workman’s compensation or other similar insurance. You acknowledge that WeStrive is not your employer but simply a host for you to sell your fitness programs.

6. Controlling Law: This agreement shall be governed by the laws of the state listed as the address of WeStrive. Any disputes arising out of this agreement shall be settled in the state and county of WeStrive’s address, as stated in this agreement.

7. General Provisions:

a)  Notices. Any notices required or permitted to be given under this Agreement shall be sufficient, if in writing and personally delivered, Faxed, or sent by certified mail, return receipt requested, to the addresses listed above, or to such other address as either party may designate to the other party in the manner above provided.

b)  Entire Agreement. This agreement, including the exhibits hereto, contains the entire agreement and understanding between the parties as to the subject matter of this agreement. No prior or contemporaneous obligations, conditions, warranties, or representations shall create binding obligations upon either party except for those expressly set forth herein. This agreement may not be changed or altered except by a written agreement signed by both parties.

Basic Terms

1. The Terms form a legally binding agreement between you and WeStrive. Please take the time to read them carefully. If you are under age 18, you may only use WeStrive with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

2. You must be at least 13 years old to use WeStrive.

3. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

4. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, WeStrive prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to WeStrive upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

5. You agree that you will not solicit, collect or use the login credentials of other WeStrive users.

6. You are responsible for keeping your password secret and secure.

7. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

8. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

9. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

10. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or WeStrive.

11. You must not access WeStrive’s private API.

12. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any users.

13. You must not use domain names or web URLs in your username without prior written consent from WeStrive.

14. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any WeStrive page is rendered or displayed in a user's browser or device.

15. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

16. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other WeStrive terms.

17. Violation of these Terms of Use may, in WeStrive’s sole discretion, result in termination of your WeStrive account. You understand and agree that WeStrive cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for WeStrive, we can stop providing all or part of the Service to you.