TheRun is an app (“App” or “Application” or “TheRun”) launched by DEVR Limited (“Company”). It is an entertainment platform and social network that will create a community for enthusiasts of cars, motorcycles, scooters, bicycles, roller skates, and skateboards. Users in the App can create routes and ride them outdoors, and compete with other users.
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you or User”) and the Company (“we”, “us”, or “our”) concerning your access to and use of the TheRun Website (therun.app) and Application as well as any other media form, media channel, mobile Website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site or Application”).
Reference to (“Services”) are in reference to any service which the Company or an affiliate of TheRun provides to you via its Website or Application.
The information on the Site or Application and application is not intended for distribution or to be used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Site or Application from other locations do so on their own initiative and are solely responsible for compliance of local laws, to the extent local laws are applicable.
Information on our Website or Application is not, in any circumstance, financial advice. The Company nor any of its affiliates won’t or shall not provide financial advice in any form.
Any purchase or sale you make, accept, or facilitate outside of the Site or Application will be entirely at your own risk. You expressly indemnify us and hold us harmless for any losses you may incur by transacting or facilitating transactions outside of this Site or Application.
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that may apply to you. Please read it carefully.
TheRun’s users are those who use and/or purchase TheRun services or affiliated services.
The Application is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use the TheRun application or Website without permission and oversight by a legal guardian over the age of 18 years.
Our services may include the provision of digital assets and/or items. Unless otherwise stated, you shall not be able to remove digital assets or items from our services.
Unless otherwise stated ownership rights of digital items or assets purchased via our services do not vest with you. We have bestowed a limited personal revocable license to use the digital items or assets via our services.
We reserve the right to, remove, change any virtual item or asset without notice nor permission from you.
You shall not be entitled to bring any Claims against TheRun in respect to the loss of the digital assets or items granted to you via our services.
Suspension of termination of your account due to a breach of these terms shall lead to a loss of digital assets and the Company shall not in any circumstance compensate you for this.
You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to access the App and the Services. As a user you should abide by all safety precautions, including resting, hydrating and modifying as needed.
The App and the Services are offered only for your personal, non-commercial use. When interacting with the App or the Services, you should exercise caution and common sense to protect your personal safety and health. You agree that the Company is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of interacting with the App or the Services.
By using the App or the Services you represent and warrant that your access to and use of the App and Services is lawful in your country of residence in the manner in which you access and use them.
Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the App.
We may from time to time change the rate at which users accumulate any bonus points or tokens using the App. We may reverse benefits allocated to you if we reasonably consider the circumstances justify a reversal, for example if they are allocated to you by mistake or if you accumulated them by misusing the App or the Services or in a way that is fraudulent, dishonest or otherwise unacceptable.
You are responsible for ensuring your security of access to any digital wallet used by you in connection with the App or the Services.
We make no representation and give no warranty that points or tokens accumulated through the App or the Services will have any particular value or any monetary value at all. You are liable for any loss or diminution value of points.
By accessing and/or using the Services, you represent and warrant that:
By accessing and/or using the Site or Application, you acknowledge that, tokens, cryptocurrencies, NFTs, and any other digital assets, are extremely volatile and shift quickly in terms of, among others, liquidity, market depth and other characteristics. There is no guarantee against losses for accessing and/or using the Site or Application in correlation with digital assets.
You further represent and warrant that you are not entering into transactions that are above your financial abilities and that you are aware of the risks related to tokens, cryptocurrencies, NFTs, and any other digital assets, for which you are solely responsible and liable for.
You acknowledge and agree that TheRun does not provide any advice, guidance, or recommendations on the opportunity to invest into, disinvest from, or remain invested in any Token. If you are considering purchasing Tokens as an investment, you should first contact your financial advisor for any such advice, guidance, or recommendation.
You acknowledge and agree that any digital asset distributed by TheRun does not have a promise or guarantee of value in any form.
Upon using our services you grant TheRun a royalty free, worldwide, non-exclusive, sublicensable right to use any content that you may create in connection with out services.
By accessing and/or using the Site or Application, you warrant that you are a bona fide user of TheRun’s services. By accessing TheRun via a wallet or account creation via TheRun, you confirm that you will not use TheRun services in connection with any of the following businesses, activities, practices or items, or any criminal activities whatsoever, including but not limited to:
You must not misuse this App or the Services. This means that you must not (among other things):
The prohibited activities with regards to the Site or Application and application include, but are not limited to:
You acknowledge and agree that the Site or Application and its Services are the property of the Company or its licensors. Subject to your compliance with these Terms, the Company grants you a limited right to access and/or use the Site or Application. The right to access and/or use the Site or Application is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives you any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Site or Application.
You acknowledge and agree that the Company retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Site or Application, the software and application programming interfaces (APIs) comprising the Site or Application, and all content therein. You acknowledge and agree that “TheRun”, their trademarks, service marks, logos and graphics are the registered trademarks or trademarks of TheRun.
You are not permitted to create, for commercial use, fan art (tokenized or physical), merchandise, or similar content stemming from the Site or Application and its affiliated links and projects.
If you create any fan-art for personal, non-commercial use, the artwork must clearly state “TheRun Fan Art” and a link to the Site or Application (therun.app). TheRun reserves the right to determine if something is fan art/merchandise or not.
You may be required to register an account or sign up with a wallet address with the Site or Application to be able to access its features and functions. You agree to keep your password (if any) confidential and will be responsible for all use of your account and password.
To the maximum extent allowed by law, we accept no liability for any losses suffered by you with regards to losing access to your account or wallet.
You acknowledge and agree that the username you use in the App (starting from the registration in TheRun and further) is the property of TheRun and the Company.
You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). Routes and tracks created by using the Services are not considered Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.
You understand that you, and not TheRun, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. TheRun does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. TheRun may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TheRun be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. TheRun will maintain the privacy of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content.
You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the TheRun service without compensation to you. For example, we may show your TheRun followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on TheRun.
The Site or Application reserves the right to employ and use third-party payment gateways. If you elect to purchase, trade, or sell, via the Site or Application, any financial transaction where you elect to pay via a third-party payment gateway service, requires you to abide by their terms and conditions.
Any third-party payment services used are not controlled by TheRun. You agree to use the third-party payment services at your own risk. You agree site TheRun from all liability in relation to any third-party payment services. We accept no liability owed to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via any third-party payment gateways.
To the maximum extent permitted by law, you agree and acknowledge that we are under no obligation to allow refunds on the Site or Application in relation to any transactions that may, be refundable. Any refunds or compensation, whether monetary or otherwise, in relation to the Site or Application and your use of the Site or Application and all its features and assets are considered, accepted, or rejected at our sole discretion. This includes, but is not limited to, the following scenarios in which you may potentially suffer loss, harm, or damage:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Application, the App, and the Smart Contracts (“Submissions”) provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment from or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
You shall be solely responsible for any taxes applying to the payments you make or receive through the Site or Application, and to collect, report, and remit such taxes to the appropriate tax authorities. You acknowledge and agree that, at the moment, TheRun is not able to draft a taxation report concerning the operation executed and that it is your duty to collect all the information required by the competent tax authorities in order to comply with your tax obligations.
The Site or Application may contain (or you may be sent via the Site or Application) links to other WebSite or Applications (“Third-Party WebSite or Applications”), as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party WebSite or Applications and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party WebSite or Applications accessed through the Site or Application, or any Third-Party Content posted on, available through, or installed from the Site or Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party WebSite or Applications or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party WebSite or Applications or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site or Application and access the Third-Party WebSite or Applications or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and Conditions no longer govern your use of and interaction with these Site or Applications and/or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any WebSite or Application to which you navigate from the Site or Application or relating to any applications you use or install from the Site or Application.
Any purchase you make through Third-Party WebSite or Applications will be through other WebSite or Applications and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party WebSite or Applications and we are not liable for any harm caused by your purchase of such products and services. Additionally, you agree and acknowledge that we accept no liability for any losses sustained by you or harm caused to you relating to or resulting, in any way, from any Third-Party Content or any contact with Third-Party WebSite or Applications.
We may allow advertisers to display their advertisements and other information in certain areas of the Site or Application, including sidebars, pop-ups, and banners. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site or Application, and any services provided on the Site or Application, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site or Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
The Сompany offers health and fitness information and is designed for educational and entertainment purposes only. You should consult your physician or general practitioner before beginning to make activities using the App or the Services. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician, general practitioner or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of your quest to accumulate in-game points or tokens on the move using the App or the Services. The use of any information provided through the App and the Services is solely at your own risk and is not medical or healthcare advice.
The User is strictly obliged to comply with the provisions of applicable law, including traffic laws of User’s country of residence, administrative and criminal legislation when using the Services.
The Company does not bear any responsibility for any actions of the User committed using the Service that entailed damage, any loss, moral harm, bodily harm, bodily injury or death of the User and/or third parties, as well as resulting in damage or loss property of the User and/or third parties. The User is solely responsible for his actions in accordance with civil, administrative and criminal laws of User’s country of residence.
You expressly agree that your activities (including, but not limited to, cycling, running etc.) carry certain inherent and significant risks of property damage, bodily injury or death and that you 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 TheRun or by the action, inaction or negligence of others.
TheRun does not endorse your content or any other user’s content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content on the Services.
TheRun provides only information services and TheRun or the Company are not the organizers of any race, competition, contest or challenge.
You expressly agree that the Company does not assume any responsibility for the inspection, supervision, preparation, or conduct of any race, contest, challenge, or group activity that utilizes the Services, including any that are organized by a club administrator or a sole User.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your activities which generate the Content you post or seek to post on the Services (including, but not limited to, activities in connection with any contests, races, group rides, or other events which TheRun sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to TheRun are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
In no event will the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Site or Application, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not TheRun was advised of the possibility of such damages.
Without limiting the generality of the foregoing, the Company takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Site or Application, including, without limitation, to any of the following: (i) delays, interruption or loss of services; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) corrupted data on TheRun’s servers; (vi) failure to update or provide correct information; (vii) “phishing” or other WebSite or Applications masquerading as TheRun; (viii) stolen, lost, or unauthorized use of your means of authorization; (ix) loss of business or goodwill.
The limitation of liability set out above shall not be applicable in case of loss or damages caused by TheRun or any of its employees by intentional misconduct or gross negligence.
The Site or Application supports or is integrated with third party services. TheRun takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.
The Site or Application is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. TheRun disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of:
These Terms constitute all the terms and conditions agreed upon between User and TheRun and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
The failure of TheRun to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of TheRun’s rights to do so.
The Company may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party, unless in connection with the transfer of the Tokens.
Nothing contained in these Terms shall be deemed or construed to create a principal and agent, partnership, or joint venture relationship between you and the Company.
The Company will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond the Company’s reasonable control.
If your access to the Site or Application is suspended or terminated, we will keep your information in our database for at least seven years for regulatory purposes. This ensures that those who are attempting to avoid fraud cannot achieve this by simply closing or terminating their access. When your access is closed or terminated, your information will not be used by us for any further purposes, including sharing to third parties. You are entitled to review, correct, or amend your personal information, or to delete that information where it is inaccurate. If you wish to do this, please contact us at firstname.lastname@example.org
The Company retains the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any part of the App.