Overview

Welcome to BodyBet! Our mission is to inspire and motivate you to achieve healthy lifestyle changes through competition, peer support, and the opportunity for prize winnings. We’re excited to foster a spirit of friendly competition. Before we begin, let's review the Terms and Conditions to ensure fair play and a positive experience.

These Terms and Conditions of Service and Use of BodyBet website and mobile application available on both Apple Store & Google Play (collectively referred as "Platform", and sometimes referred to herein as "we" or "us" or "our") are hereby made effective, and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of BodyBet hereby amend and restate any such prior terms and conditions.

The words "You" or "User" "Your" as used herein refer to all individuals accessing or using the Platform for any reason.

SECTION 1- USER OBLIGATION

Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
Not to access the Platform using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
Not to engage in multi-level marketing using the Platform, including, without limitation, pyramid schemes, and similar marketing concepts;
Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
Not to solicit personal information of another person or request or obtain access to an account of another person;
Not to bully, intimidate, or harass any person;
Not to use the Platform in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
Not to take any action that could disable, overburden, or impair the operation or availability of the Platform, such as a denial-of-service attack;
Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Platform, or to artificially generate traffic to another Platform;
Not to facilitate or encourage any violations of these Terms and Conditions;
Not to issue chargeback disputes against us;
Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Platform or any portion thereof;
Not to copy, distribute or disseminate the Platform or any portion thereof, and not to transfer the Platform, or any portion thereof, to another person or “mirror” the Platform, or any portion thereof, on any other server.

SECTION 2- REGISTRATION OBLIGATIONS

You may use the Platform without registration however, to participate in certain activities of the Platform you may be required to create an account or you can login through your email ID or any other third-party service account permitted by the Platform. In the event you wish to create an account with us you may do so by completing the registration process.

To ensure a safe and responsible environment for all users, BodyBet is restricted to individuals who are 18 years of age or older. By accessing and using our Platform, you confirm that you meet this age requirement. If you are under 18, please refrain from using BodyBet.

You agree to a) provide true, accurate, correct and complete information as prompted by the applicable registration form b) maintain and update true, accurate, correct and complete information provided by you during the registration process. You may be required to choose a password and user name. You are solely responsible for maintaining the confidentiality of your password and account.

If at any time BodyBet believes that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate or incomplete the BodyBet reserves the right to cancel your account and block your access to Platform.

SECTION 3- PLATFORM CONTENT

BodyBet is an engaging wagering competition designed to motivate participants to lose 4% of their body weight within a four-week timeframe. Our structured program combines the excitement of friendly competition with financial incentives to promote accountability and success in achieving health goals.

Key Features:
Join a Challenge: Participants can enter a challenge by placing a wager, committing to a shared goal of weight loss with fellow competitors.
Weigh-In: Each participant will conduct an official weigh-in at the start of the challenge, using a video to ensure transparency and fairness.
Drop 4% in 4 Weeks: Participants aim to lose 4% of their body weight within the specified four-week period, supported by community encouragement and resources.
Win and Share the Prize: Those who successfully reach their weight loss goal will reclaim their wager and share the prize pool, creating a rewarding experience for achieving personal health milestones.

SECTION 4- POINTS SYSTEM

Accumulation of Points: Users on BodyBet have the opportunity to earn Points based on their accomplishments in various BodyBet challenges. Once users meet the specified criteria, Points will be automatically credited to their accounts without the need for manual input.

Cash Redemption: Users can choose to convert their Points into cash at a rate established by BodyBet. The typical exchange rate is €1.00 for each Point; however, BodyBet reserves the right to adjust this rate at its discretion based on business needs.

Game Participation: Users may also use their Points to enter new games offered on the Platform, providing additional ways to engage with the BodyBet community.

Redemption Security and Process: To ensure secure transactions when redeeming Points, BodyBet partners with Stripe, a trusted third-party payment processor. When users request a cash redemption, they must provide a valid debit or credit card that corresponds to the name registered on their BodyBet account. Additionally, to protect against fraudulent activity, users are required to submit a valid government-issued ID for verification. This ID will be used solely for this purpose and will not be retained longer than necessary.

Fees and Minimum Redemption Limits: In BodyBet, there is no minimum requirement for redeeming Points. However, for cash redemptions below €60, a handling fee of €5 will be charged to help offset transaction costs. Redemptions that exceed €60 will not incur any fees. BodyBet retains the discretion to modify or waive these fees for certain users based on individual circumstances.

Point Expiration: Points earned by Users will remain valid for one year from the date of the last account activity that impacts the Points balance. If a user does not engage in any activity for a full year, the Points will expire and be removed from the user's account, ensuring that the Points program remains active and engaging.

Ownership and Transferability of Points: Points are classified as the property of BodyBet and are not owned by users. Consequently, they cannot be sold, transferred, or inherited, and any attempts to do so will be rendered invalid. Users acknowledge that they do not hold any vested rights in relation to the Points.

Modifications to the Points System: BodyBet reserves the right to revise the rules, exchange rates, rewards structure, or to terminate the Points program entirely at any time. This may occur with or without prior notice to users, allowing BodyBet the flexibility to adapt the program as needed to enhance user experience and meet business objectives.

SECTION 5- HEALTH DISCLAIMER

BodyBet is not a medical authority and does not provide medical advice, diagnosis, or treatment. The information shared on the Platform, including any third party content, is for informational purposes only and should not be considered a substitute for professional medical advice. Users are encouraged to consult qualified healthcare professionals regarding any health-related questions, concerns, or conditions before engaging in any fitness programs or activities. BodyBet disclaims any liability for any adverse effects resulting from the use of the information provided on the Platform.

SECTION 6- RESULTS AND RISKS

BodyBet does not guarantee specific outcomes or results from using the Platform, including but not limited to improvements in fitness levels, weight loss, or overall health. The effectiveness of any fitness program or activity varies based on individual circumstances, including but not limited to personal health, effort, and adherence to guidelines.

Users acknowledge that participation in fitness activities involves inherent risks, including the risk of injury or adverse health effects. By using the Platform, users agree to participate at their own risk and assume full responsibility for their actions and any consequences that may arise.

BodyBet recommends that users assess their own health, capabilities, and limitations before engaging in any fitness activities promoted on the Platform.

SECTION 7- USER CONTENT

We enable our users with the ability to add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") content, videos, comments, data, text, photographs, pictures, graphics, or other information to the Platform (collectively, the "User Submissions").

By Submitting any User Submissions through the Platform or the Service, you hereby do and shall grant BodyBet a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and BodyBet (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party Sites).

You also hereby do and shall grant us a non-exclusive license to access your User Submissions through the Platform and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to BodyBet does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing.

You agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service.

Users are not permitted to upload or share content that includes, but is not limited to, the following:
Nudity or Sexual Content: Any images, videos, or text that contain nudity, sexually explicit material, or suggestive content are strictly prohibited.
Hate Speech and Harassment: Content that promotes discrimination, harassment, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, or any other characteristic is not allowed.
Violence and Threats: Any content that glorifies, promotes, or incites violence, threats, or physical harm to oneself or others is prohibited.
Spam and Irrelevant Content: Posts that are considered spam, including excessive self-promotion, irrelevant links, or repetitive messages, will not be tolerated.
Misinformation: Sharing false or misleading information related to health, fitness, or medical advice is not allowed.

You understand that BodyBet shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content, or information submitted by you; and that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such content originated and that BodyBet will not be liable for any errors or omissions in any content; and that BodyBet cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

BodyBet is not responsible for any user-generated content posted on the Platform or for the content of third-party links. Users acknowledge that BodyBet cannot guarantee the accuracy, reliability, or safety of any content provided by other users or third parties and that any reliance on such content is at their own risk.

BodyBet cannot guarantee the authenticity of any data which users may provide about themselves or the persons or entities they are involved or affiliated with or employed by. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

SECTION 8- DISPUTES

Users also acknowledge that they are fully responsible for their interactions with others and any consequences arising from those interactions. Bodybet is not liable for any disputes or conflicts that may arise between users.

BodyBet may, at its discretion, choose to monitor or intervene in disputes between users. However, we are under no obligation to do so. Any resolution provided by BodyBet regarding disputes is considered final. Users understand that BodyBet is not liable for any interactions or disputes that occur on the Platform.

SECTION 9- MAINTENANCE

We may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the we shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur.

SECTION 10- LIMITED LICENSE

You may access and view the Platform on your computer or other internet compatible device for your personal, non-commercial use only. To the extent you need to download software or documentation to use the products or services on the site, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use our services.

SECTION 11- ONLINE PAYMENTS

At Bodybet, we prioritize the security and privacy of our users' payment information. We do not store any credit card details on our servers. Instead, we utilize reputable third-party payment processors, such as Stripe, to handle and process all payment information securely.

By using our services, you acknowledge and agree that your payment information will be collected, processed, and stored by these third-party payment processors. Bodybet is not responsible for the security practices or policies of these processors. We encourage you to review their privacy policies and terms of service.

SECTION 12- NO REFUNDS

At BodyBet, all wagers placed for participation in our weight loss challenges are final. Once a bet has been placed, it cannot be refunded under any circumstances. This policy is in place to ensure the integrity of the competition and to maintain fairness among all participants. We encourage you to carefully read the rules and consider your commitment before entering a challenge.

SECTION 13- FEEDBACKS AND REVIEWS

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g., quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the BodyBet feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

SECTION 14- HYPERLINKS

BodyBet makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the website. Such websites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any websites or any information contained therein. Except as otherwise provided herein, when you leave the Platform, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from our Platform.

SECTION 15- LIMITATIONS ON USE

You may not reproduce, resell, or distribute our applications or services for any purpose unless you have been specifically permitted to do so under a separate agreement with BodyBet. You may not sell or enable any third parties to resell the services purchased by You, display on any Platform or otherwise publish the services or any Content obtained from a Service or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to our services.

SECTION 16- INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless BodyBet, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all actual or alleged BodyBet Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury.

SECTION 17- DISCLAIMER OF WARRANTIES

(a) THE PLATFORM, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE PLATFORM, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE PLATFORM. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

(b) WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE PLATFORM OR SERVICES (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE PLATFORM. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE PLATFORM.

SECTION 18 - LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, MEMBERS, OWNERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

SECTION 19 - TERMINATION

We may terminate, change, suspend, or discontinue any aspect of the Platform or services at any time. We may restrict, suspend or terminate your access to the Platform and/or its services if we believe you are in breach of these Terms and Conditions or Rules or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.

SECTION 20 - COMMUNICATION

If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the services we offer, such as administrative notices and service announcements or changes.

SECTION 21 - FORCE MAJEURE

Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.

SECTION 22 - THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties.

SECTION 23 - COPYRIGHT TAKEDOWN PROCEDURE

BodyBet will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Body Bet may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
A description of the location of the site which you allege has been infringing upon your work;
Your physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

SECTION 24- MODIFICATIONS

We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Platform and/or services offered on or through the Platform after any changes to these Terms and Conditions are posted will be considered acceptance of those changes. Users are responsible for regularly reviewing the site for any updates to the Terms of Use.

SECTION 25- GOVERNING LAW AND JURISDICTION

These Terms and Conditions will be governed by and construed in accordance with Estonian laws, and the courts of Tallinn will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of service.

SECTION 26-COPYRIGHT

©2024 BodyBet. All rights reserved. All materials presented on this Platform are copyrighted and owned by BodyBet, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this Platform is expressly prohibited.

SECTION 27- ACCEPTING THIS TERMS OF USE

You hereby accept the fact that you have read, understood, and are willing to abide by the terms and conditions laid down in this Agreement, along with the Privacy Policy and Rules created by BodyBet. You further agree that the terms and conditions set out under this Agreement are fair, reasonable and just given the matters set out under this Agreement and you waive any and all rights to have any claims against us on grounds set out above.