These Terms and Conditions help float stay running. Like miles 60-80 in a hundred miler, they’re long, boring, and intense, but unfortunately a necessary evil. If you have any issues, check here for all the legal talk, or rather just contact us and we’ll work it. We’d rather find a quick solution and spend our time on the trails, and sure you would too!
The Terms and Conditions (“Agreement”) is a contract between you and float. This Agreement applies to the float Website and App. By accessing, using, or placing an order with the Website and App, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not use the Website and App.
1.1. “App” means the float running training application offering generic distance and race-specific training plans.
1.2. “float”, “we”, “us”, or “our”, means float Running Company Limited. “float” includes our website hosts, partners, owners, coaches, agents, officers, affiliates, subsidiaries, sponsors, app developers, and employees.
1.3. “Website” means float’s website at https://www.float.one.
1.4. “floater”, “you”, “your”, “client”, or “customer”, means a person or entity that is visiting, accessing, or using the Website and/or App either as a guest or registered user.
2. The Plans
2.1. We offer training plans available via subscription (“Plans”). The coaches, methodologies, inclusions, durations, fees, and features of the Plans are found at https://www.float.one/training/.
2.2. By purchasing a Plan, you agree to pay the applicable one-time subscription fee at the start of its subscription period.
2.3. The Plan will subsist and end at its period as described at https://www.float.one/programmes/. It will not automatically renew.
2.4. If you are presently subscribing to a Plan and want to change to a new Plan, you need to cancel your present Plan, and pay the fee for the new Plan at the start of its subscription period. There will be no offsetting, carry over, refunds or credits from partial use, non-use, upgrade, or downgrade of your present Plan to the new Plan. No exceptions will be made.
2.5. If you change Plans, you will lose access to the content and services in your previous Plan.
2.6. The inclusions, durations, fees, and features of the Plans are subject to change at the end of each subscription period.
2.7. We may cancel, suspend, or discontinue your Plan anytime if you violate this Agreement.
2.8. Although we endeavour to ensure that all information on the Website and App is accurate, occasionally an error may occur, and Plans may be mispriced. If a Plan is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any subscription placed for the Plan listed at the incorrect price.
2.9. Unfortunately, if an injury occurs, if you are not satisfied with a training program, if you cannot complete a training program, or if you fail to finish a race, we will not issue any refunds. Still, please send us a message and we’ll do our best to aid you through the recovery process to have you back up and running again ASAP.
2.10. If, for any reason, you are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product and try to come to a solution that works for everyone.
3. Your Float Account
3.1. When creating a float Account, you agree to provide true, accurate, current, and complete information (“Account Information”). You agree to maintain and promptly update your Account Information to keep it true, accurate, current, and complete.
3.2. You are responsible for maintaining the confidentiality of your password. You are not permitted to share or disclose your password to anyone else. You will be solely responsible for the activities of anyone using your float Account, even if the individual is in fact not authorised by you. You will promptly change your password if you have reason to believe that your password has been compromised or used without your authorization.
3.3. The Plans, Website and App are not directed at children. Access to and use of the Plans, Website and App are only for those who are at least [18 years] of age or otherwise capable of entering and performing legal agreements. By creating a float Account or registering to be a floater, you represent that you are at least [18 years] of age or otherwise capable of entering into and performing legal agreements.
3.4. If you violate any part of this Agreement, we may cancel your Account or block your access to the Website and App without notice.
3.5. You acknowledge and agree that if float cancels, blocks, or disables your access to your Account, you may be prevented from accessing the Website and App, and your Account details or any files or other materials which are contained within your Account.
4.1. float grants you a revocable, non-exclusive, non-transferable, limited licence to use the Website, and download, install and use the App, strictly in accordance with this Agreement.
You agree not to, and you will not permit others, to:
5.1. Licence, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit or make available the Website and App to any third party.
5.2. Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website or app.
5.3. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of float or its affiliates, partners, suppliers, or licensors, on the Website and App.
6. Training Disclaimer
6.1. The training techniques, suggestions, and Plans presented on the Website or App are anecdotal and formulated based on the experiences of the coaches, and are not intended to substitute proper medical advice. We assume no responsibility for any and all injuries that you may suffer while practising these techniques and suggestions.
6.2. You agree to consult your doctor or physician before starting any new exercise program or training plan presented on the Website or App. You acknowledge that you are solely responsible for your selection of any training plan, or any third party you choose to assist you with your training, exercise, or fitness plan, and for any advice, coaching, training, or other services you receive.
6.3. There is no guarantee of success or finish to any race, plan, or challenge based on the training from the float Website, App, and coaches, and no responsibility for coaches employed by float.
7. Injury and Health Disclaimer
By subscribing to a Plan, and/or signing up for a training:
7.1. You understand and acknowledge that running and any exercise-related training involve risks of (but not limited to) pre-existing, existing, and unforeseen injuries;
7.2. You represent that you have no pre-existing health conditions, either disclosed or undisclosed to both float directors and associates.
7.3. You will consult with your physician or other health care professional before starting your training or exercise to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity.
7.4. You hold us harmless from any liability, damages, injury, or health issues caused by or resulting from any active or passive training or exercise presented on the Website and App, or by the coaches.
7.5. If applicable in your domicile or jurisdiction, you adhere to both PAR-Q and HHQ questionnaires, and you will disclose your pre-existing and existing health conditions to any coaches we employ.
8. Medical Disclaimer
8.1. Any content on the Website or App, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us, other users, or third parties (“Content”) is subjective and DOES NOT CONSTITUTE medical advice.
8.2. Any Content is not intended to be and should not be used in place of the advice of your physician or other medical professionals; a visit, call or consultation with your physician or other medical professionals; or information contained on or in any product packaging or label.
8.3. If you have any healthcare-related questions, you agree to promptly call or see your physician or other healthcare providers. Should you have an emergency, immediately call your physician, 911, or the respective emergency service in your region.
8.4. You will never disregard medical advice or delay in seeking medical advice because of any Content. You will not use any Content for diagnosing or treating a health problem.
8.5. float is not a healthcare provider or business associate of any healthcare provider and is not subject to the privacy rule of the health insurance portability and Accountability act of 1996 (HIPAA).
8.6. The transmission and receipt of our Content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us.
9. No Professional Relationship Disclaimer
9.1. The Website and App cannot and do not contain medical / fitness / health / other professional advice. Neither do the coaches provide any kind of medical / fitness / health / other professional advice. Any such information is provided for general informational and educational purposes only and is not a substitute for professional advice. Your use of or reliance on any such is solely at your own risk. Accordingly, before taking any actions based upon such information, you agree to consult with the appropriate professionals.
9.2. You understand that the coaches in float are not medical professionals, trained doctors, or dieticians in any way whatsoever. The training techniques and suggestions recommended by the coaches are anecdotal and based on their experience. You absolve float from any liability associated with any advice given by a coach in any capacity whatsoever.
10.1. You agree to indemnify and hold float and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your:
10.1.1. use of the Website or App;
10.1.2. violation of this Agreement or any law or regulation; or
10.1.3. violation of any right of a third party.
11. No Warranties; General Disclaimer
11.1. The Website and App are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, float, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website or App, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
11.2. Without limitation to the foregoing, float provides no warranty or undertaking, and makes no representation of any kind that the website or app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
11.3. No oral advice or written information given by float or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.
11.4. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
12. Limitation of Liability
12.1. Under no circumstances shall we be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on the Website and App, even if we or our authorised representative has been advised of the possibility of such damages.
12.2. In no event shall float be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use or the contents of the Website and App.
12.3. We will not be responsible for any outcome that may occur from your use of the Website and App. You will assume any costs and responsibility for servicing, repairing or correction of equipment or data, injury to yourself or being resulting from your use of materials or any advice from the Website and App.
12.4. Notwithstanding any damages that you might incur, the entire liability of float and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the product or service in connection with which the damages were incurred.
12.5. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13. Links to Other Websites and Affiliates
13.1. This Agreement applies only to the Website and App. The Website and App may contain links to other websites and apps that we do not operate or control. When you use a link to go from the Website or App to another website or app, this Agreement is no longer in effect. Your browsing and interaction on any other website or app are subject to that website and app’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you. We are not responsible for the content, accuracy or opinions expressed in such other websites and apps. We do not investigate, monitor, or check such websites and apps for accuracy or completeness.
14. Third-Party Services
14.1. “Third-Party Service” means advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
14.2. We may display, include, or make available third-party content (including data, information, applications and other products and services) or provide links to Third-Party Services.
14.3. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third party’s terms and conditions.
14.4. You acknowledge and agree that float shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. float does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
15. Updates and Modifications
15.1. We may from time to time provide enhancements or improvements to the features/functionality of the Website or App, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). The Updates may modify or delete certain features and/or functionalities of the Website or App.
15.2. You agree that all Updates will be deemed to constitute an integral part of the Website and/or App, and subject to the terms and conditions of this Agreement.
15.3. You further agree that float has no obligation to provide any Updates or continue to provide or enable any particular features and/or functionalities of the Website or App.
15.4. We reserve the right to modify, suspend or discontinue, temporarily or permanently, any part of the Website or App with or without notice and without liability to you.
16. Intellectual Property
16.1. The Website and App and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by float, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
16.2. Their material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of float, unless and except as is expressly provided in this Agreement. Any unauthorised use of the material is prohibited.
17. Copyright Infringement Notice
17.1. If you are a copyright owner or such owner’s agent and believe any material on the Website and App constitute an infringement on your copyright, please contact us setting forth the following information:
17.1.1. a physical or electronic signature of the copyright owner or a person authorised to act on his behalf;
17.1.2. identification of the material that is claimed to be infringing;
17.1.3. your contact information, including your address, telephone number, and an email;
17.1.4. a statement by you that you have a good faith belief that use of the material is not authorised by the copyright owners; and
17.1.5. a statement that the information in the notification is accurate, and, under penalty of perjury you are authorised to act on behalf of the owner.
18. Submissions and Privacy
18.1. In the event that you submit or post any feedback, comments, ideas, improvements, ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions (“Submissions”), you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of float without any compensation or credit to you whatsoever.
18.2. float and its affiliates shall have no obligations with respect to such Submissions and may use the ideas contained therein for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas. float shall be free to use, copy, modify, publish, or redistribute the Submissions for any purpose and in any way without any credit or compensation to you.
19.1. float may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reading all Promotions rules to determine whether you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
20. Term and Termination
20.1. This Agreement shall remain in effect until terminated by float.
20.2. You may also terminate this Agreement by deleting the Website, App, and all copies thereof from your computer and device. You may stop using the Website and App at any time. You do not need to specifically inform float when you stop using the Website and App.
20.3. float may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
20.4. This Agreement will terminate immediately, without prior notice from float, in the event that you fail to comply with any provision of this Agreement.
20.5. Upon termination of this Agreement, you shall cease all use of the Website and App.
20.6. Termination of this Agreement will not limit any of float’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
21. Changes to Our Terms and Conditions
21.1. float reserves the right, at our sole discretion, to modify or replace this Agreement at any time.
21.2. If we decide to change this Agreement, we will post those changes on this page, and/or update the modification date herein.
21.3. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
21.4. By continuing to access or use our Website or App after any revisions become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the revised Terms and Conditions, you are no longer authorised to use float.
22. Notice of Dispute
22.1. In the event of a dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested.
22.2. You must send any Notice of Dispute via email to firstname.lastname@example.org.
22.3. float will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address.
22.4. You and we will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or float may commence arbitration.
23. Agreement to Arbitrate
23.1. This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR FLOAT’S INTELLECTUAL PROPERTY RIGHTS.
23.2. The term “Dispute” means any dispute, action, or other controversies between you and float concerning the Plans, Website, App, or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
23.3. If you and us cannot resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the HKIAC: Hong Kong International Arbitration Centre.
23.4. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
24. Terms Applicable to Apple and Android Devices
24.1. This section applies when you use either the Apple Store or Google Play to download and access the App. You acknowledge that this Agreement is concluded between you and us only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”). We, not the App Distributor, are solely responsible for the App and the content thereof.
24.2. Scope of Licence. The licence granted to you for the App is limited to a non-transferable licence to use the App on a device that utilises the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
24.3. Maintenance and Support. We are solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. You acknowledge that the App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
24.4. Warranty. We are solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
24.5. Product Claims. You acknowledge that we, not the App Distributor, are responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to:
24.5.1. product liability claims;
24.5.2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
24.5.3. claims arising under consumer protection or similar legislation.
24.6. Intellectual Property Rights. You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
24.7. Legal Compliance. 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.
24.8. Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App.
24.9. Third Party Beneficiary. You and us acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
25.2. You may be subject to additional terms and conditions that apply when you use or purchase a Plan other float products and services, which float will provide to you at the time of such use or purchase.
25.3. Severability. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
25.4. 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 float’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND FLOAT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
25.5. float operates and controls the Website and App from its offices in Hong Kong. Accordingly, those persons who choose to access the Website and App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.