Last updated: August 18, 2024

 

  1. INTRODUCTION

Thank you for choosing WalkTask. Before you start, please read these Terms of Use (“Terms”) carefully. These Terms cover the WalkTask application (“WalkTask,” “we,” “our,” or “us”) and access to WalkTask's websites (“Websites”).

 

  1. YOUR AGREEMENT WITH WALKTASK

Binding Legal Agreement. Please note that the Terms constitute a binding legal agreement between you or those you legally represent (“you”) and WalkTask. You agree and accept to be bound by these Terms by either: (i) creating a user account and/or other accounts to use Services (“Account”); (ii) downloading Software or accessing/using its Services and Websites; or (iii) otherwise electronically agreeing to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization.

 

Services. Our Services are usually provided as paid Services. We also may offer a version of certain Services which is provided free of charge. The Terms apply to both types of Services.

 

Accessing the Services and/or Websites. You affirm that you are eighteen (18) or more years of age or have the authority to act on behalf of a valid legal entity, and you are fully able and have all rights and power to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with them.

 

Updates to the Terms.We develop our Services and Websites introducing new features or modifying current ones constantly. In addition, we may need to update the Terms by amending them from time to time (i) to comply with the law; (ii) to comply with orders/recommendations of regulatory authorities; (iii) to add additional functionality, services, features, technologies and/or benefits, or to remove the old ones; (iv) to correct errors and bugs; (v) to clarify the Terms; (vi) to prevent abuse or harm; (vii) for any other valid reason (e.g., for security reasons). You understand and agree that it is your obligation to review the Terms from time to time in order to stay informed on current rules and obligations.  Unless it is stated by us otherwise, each update of the Terms comes into force as of the moment when amended Terms are published. Your continued use of the Services will be deemed acceptance thereof. You can also end your relationship with us at any time after the effective date of the updated Terms by closing your Account and/or not accessing our Services and Websites.

 

THE TERMS MAY CHANGE, SO IT IS IMPORTANT TO REVIEW THE TERMS PERIODICALLY.

 

  1. YOUR USER ACCOUNT

Creating an Account. In order to use the WalkTask application, you must create a user account (a “WalkTask Account”) by logging in using your Facebook, Apple or Google accounts. All information you provide must be complete, accurate, true to the fact and kept up to date. All Accounts are non-transferable.

 

Confidentiality of and Access to the Account. You agree to accept responsibility and are solely responsible for any and all usage and activities that occur under your Account or password, including, but not limited to, use of the Account by any other person, whether or not authorized by you. You are responsible for maintaining the confidentiality of your Account and its password, and for restricting access to your Account by any other party. To protect your Account, keep your password confidential. Do not reuse your Account password with other services. You agree to immediately notify us of any unauthorized use of your Account or password.

 

Account Security. Your WalkTask Account logs details of all WalkCoins generated by you and any transactions using WalkCoins made by you. Please review your WalkTask Account regularly. If you identify any erroneous transaction or unexpected activity on your WalkTask Account, or you believe that the security of your WalkTask Account has been compromised, please reach out to our customer service team as soon as possible.

 

Other. When using the WalkTask application on your mobile device, you acknowledge and agree that WalkTask operates in the background of your mobile device, which in turn may have an impact to the battery life of such device. If you have not been active for a period of time, such as not opening WalkTask for 7 days or more, we have the right to dispose of your account, including but not limited to recovering the account balance or disposing of the account. Generally, it will last for more than 5 years, and we will provide certain subsidies to users who become active again.

 

  1. WALKCOINS

“WalkCoins” are units of exchange that users of the WalkTask application may generate through verified physical movement (e.g. steps). WalkCoins may be used to redeem awesome prizes, products, and benefits, as well as being used as credit to play games within the WalkTask application for a chance to win a grand prize.

We reserve the right to destroy WalkCoins that we have reason to believe have been created by any other means and to suspend and/or disable WalkTask accounts used in contravention of these Terms & Conditions.

We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate WalkCoins using the WalkTask application (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified steps required to generate a WalkCoins). Movement verification conducted by our algorithms is considered final and cannot be revised or reversed.

There is a maximum number of WalkCoins that a user can earn each day, and we may change the daily limit of WalkCoins that a user can earn and the conversion rate of steps to WalkCoins from time to time. WalkCoins are generated when a user walks a certain number of steps, and available WalkCoins must be claimed before 00:00 local time the next day, otherwise they will expire and are no longer available for collection.

WalkCoins that are collected by the users will expire at the end of the calendar month one year after they are earned.

We reserve the right to impose charges in relation to the use of WalkTask application in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via the WalkTask application. The currency and amount of any such charges may be determined by us in our absolute discretion.

 

  1. REFERRAL PROGRAM

The WalkTask Referral Program is designed to help our users earn extra WalkCoins, in addition to the WalkCoins they may earn from daily walking. The Referral Program is a rewarding experience for both existing members who send invitations (hereinafter referred to as "Senders") and new members (hereinafter referred to as "Receivers").

Once the "Sender" sends an invitation to the "Receiver", and the "Receiver" successfully logs into WalkTask and fills in the referral code, the "Sender" will be able to receive the referral bonus. At the same time, the "Receiver" will also receive his registration bonus after successfully completing the referral code. If the "Receiver" is very active, the "Sender" will also receive additional rewards.

Referral bonuses are subject to change at any time without prior written notice or announcement to our users.

The referral bonus mechanism for rewarding users also applies to referrals/invitations of the influencer program.

 

  1. FREE WALKCOINS

Free WalkCoins is a feature that is offered to the users of WalkTask to allow for them to earn extra WalkCoins in addition to the ones generated (and capped) from the steps taken daily.

The content offered through the Free WalkCoins is not in any way associated with WalkTask and are all pulled from third party companies that offer the content. WalkTask does not hold responsible any inappropriate content and behavior, false marketing, any cookies or trackers or viruses that may come from the content, or any other disturbances not listed above. Separate Privacy Policies and Terms & Conditions will be surfaced by third party provider on the WalkTask app.

 

  1. LICENSE TERMS

Software. To access and use our Services, you may be required to download and install our Software on a device. Below see the terms and conditions applicable to the use of such Software. Pursuant to these Terms, “Software” means any mobile and desktop software applications and any other software (including any releases, updates, enhancements, or revisions) and any documentation that accompanies or is made available in connection with such software provided by us to you for your use of the Services.

 

License Grant. Subject to the terms and conditions of these Terms and provided that you comply with the Terms we grant you a limited, revocable, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable, fixed-term license (the “License”) to download, install and use a copy of the Software on a compatible device that you own or control. No other right or license, express or implied, of any kind is granted to you hereunder with respect to the Services and/or Software.

 

Apple Requirements. For the sake of clarity, in respect to the Software that is downloaded from Apple, Inc. (“Apple”) App Store, the License is limited to the use of such Software on any Apple-branded devices that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Software may be accessed and used by other accounts associated with you via family sharing or volume purchasing features.

 

We Retain all Rights. The Software, used pursuant to these Terms is licensed, not sold, and you receive no title to or ownership of any copy, or of the Software itself, or even more so of the Services and Websites. We and/or our licensors retain all right, title and interest in and to the Services, Software, Websites, and any portion thereof. All rights are reserved unless otherwise explicitly expressed.

 

Feedback. You hereby grant WalkTask and/or its affiliated companies a perpetual, irrevocable, worldwide license to use Feedback (as defined below) you communicate to us without reimbursement or compensation, without any obligation to report on such use, and without any other restriction. You waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in Feedback. (“Feedback” refers to any recommendation, idea, proposal, suggestion, feedback, review, or other input related to our Services, Software, Websites)

 

  1. PROHIBITED AND RESTRICTED USE

Your access to and use of the Services and Websites is subject to the Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to suspend and/or terminate the Accounts and/or Services to any users who violate any applicable laws or these Terms, whether repeated violation or a single instance.

You agree that you shall not yourself and/or enable others to:

 

You also shall not take any action to jeopardize, limit or interfere in any manner with our ownership and rights with respect to the Services. Except and to the extent that this is expressly permitted by applicable law and these Terms, you receive no right to and shall not yourself or enable others to: (i) reproduce, modify, create derivative works from, distribute, make available over network, publicly display, or publicly perform the Services, Software, or Websites; (ii) reverse engineer, decompile, disassemble, decrypt the Software, Services, Websites, and make any attempt to derive the code, trade secrets or other confidential information from the Services, Software, Websites; (iii) translate, adapt, arrange, or make any other alteration of the Services, Software, Websites, and reproduce the results thereof; (iv) transfer, distribute, lease, sublicense, or rent the Services, Software, Websites, and/or your rights granted under the License to any third party; (v) use the Services, Software, Websites in any manner that is not expressly permitted pursuant to the Terms; (vi) remove or modify markings or any notice of proprietary rights of the Services, Software, Websites.

We use automated tools to identify web scraping and minimize abuse of our Services. These tools are looking for irregular patterns when new sessions are initiated and if such patterns are noticed, it might automatically suspend your Account or otherwise limit your access to the Services until further investigation is complete.

 

It is your responsibility to comprehend the relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of the Services. You access and use the Services in your country on your own initiative, and you solely are responsible for complying with your local laws and regulations and the laws and regulations of any country with which or through which you communicate, transmit, or receive data, if and to the extent such laws are applicable.

 

  1. DISCLAIMER OF WARRANTIES

Reasonable efforts are taken to improve the accuracy and integrity of the Services, but complex software is never wholly free from defects, errors, and bugs. We give no warranty or representation that the Services will be wholly free from defects, errors, and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. Notwithstanding any other provision of the Terms, we reserve the right to modify, suspend, or terminate access to the Services, or any functionality comprising a part of the Services at any time. In no event, to the extent permitted under applicable law, will we be liable for making these changes. In exceptional and very limited cases, our Services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

 

THE SERVICES AND WEBSITES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.

 

  1. LIMITATION OF LIABILITIES

There are inherent risks in relying upon, using, transmitting, or retrieving any data and/or content on the internet, and we urge you to make sure you understand these risks before using the Services. WalkTask disclaims all responsibility for the behavior of its users and/or visitors when they access or use the Services/Websites.

 

YOUR USE OF THE SERVICES AND WEBSITES IS AT YOUR OWN RISK. NEITHER WALKTASK, NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES OR WEBSITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE TOTAL AGGREGATE LIABILITY OF WALKTASK ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED WHAT YOU PAID TO WALKTASK DURING TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNT OF FEES PAYABLE BY YOU TO WALKTASK HEREUNDER REFLECT THE ALLOCATION OF RISK SET FORTH IN THE TERMS AND THAT WALKTASK WOULD NOT HAVE ENTERED INTO THE AGREEMENT WITH YOU WITHOUT THE LIMITATIONS ON ITS LIABILITY CONTAINED IN THIS SECTION.

 

Some jurisdictions restrict or do not allow the limitation of liability in contracts (e.g., limitation of liability for death or personal injury caused by other party's negligence, fraud, or fraudulent misrepresentation, willful misconduct, or gross negligence). As a result, respective provisions of this Section may not apply to you. In cases where such restrictions on the limitation of liability apply, the liability of WalkTask shall be limited to the fullest extent permitted by certain applicable law.

 

Please also note, that WalkTask has implemented security measures aimed at securing the Services and Websites; nevertheless, the internet is not a secure network and system reliability could be impaired independently of WalkTask's efforts and will. In addition, WalkTask cannot be held liable for unpredictable events such as cyber attacks, security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. Users are responsible for taking all appropriate measures to protect their own data, software, equipment, and systems, particularly from contamination by any viruses circulating on the internet.

 

  1. APPLICATION PLATFORM TERMS

App Store. If you downloaded our Software from Apple App Store or if you are using such Software and our Services on any Apple-branded device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple:

These Terms are concluded between you and WalkTask, not with Apple, and Apple is not responsible for the Services and the content thereof. If you need any support with respect to our Services, please contact us, not Apple as they are under no obligation whatsoever to furnish any maintenance or support services with respect to our Services. To the extent that the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the application infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby 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.

 

Other Stores. If our Software is downloaded from any other store, platform, marketplace (e.g., Google Play, Amazon Appstore, Microsoft Store, HUAWEI AppGallery), you acknowledge that you have read, understood, and agree to the customer terms of use of such stores, platforms, and marketplace. WalkTask is the licensor of the Software and the provider of the Services and any third party (e.g., operator of the store, platform, marketplace) is not a party to these Terms.

 

  1. CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND WALKTASK AGREE THAT EACH SHALL ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WALKTASK AGREE, NO ARBITRATOR OR JUDGE SHALL CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

 

  1. MISCELLANEOUS

Availability of Services. Actual coverage, speeds, locations, and quality of Services may vary. WalkTask attempts to improve and provide Services at all times. However, our Services may be not available without a prior notice or WalkTask's liability, including when (i) we test, update, expand, add, or remove our Services, features, functionalities, including those required to reflect changes in relevant laws and regulatory requirements (ii) we experience temporary interruptions due to technical difficulties, maintenance or human errors; (iii) events beyond our control (e.g., events in nature and other force majeure events) happens.

 

Modification and Termination of Services. We reserve the right to modify or update the operation of the Services at our sole discretion, at any time, for any reason, and without notice or liability. We may also suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. If you have prepaid fees directly to WalkTask for a paid Subscription that WalkTask permanently discontinues prior to the end of its period, WalkTask will refund you the pro rata part of such prepaid fees for the period after such discontinuation (except for cases referred to in Section 12.1 of these Terms), and in such case your Account and billing information must be up to date in order for us to refund you. WalkTask has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of the authorities, other third parties, or events beyond our control.

 

Severability. If any provision of the Terms is found to be unenforceable or invalid by any competent authority, that provision shall be limited or eliminated to the minimum extent necessary so that other provisions of the Terms shall otherwise remain in full force and effect and enforceable.

 

Assignment. You may not assign these Terms or any rights or interest under these Terms or delegate any obligations to be performed under these Terms, without the WalkTask's prior written consent. WalkTask can assign, transfer, delegate any of its rights and obligations under these Terms to selected third parties without your consent, including but not limited to, in cases of corporate reorganization, merger, acquisitions, sale, or transfer of all or substantially all of company assets. Notification on any material changes that affect your rights or obligations will be provided to you by reasonable means (e.g., via email).

 

Data Charges. You are responsible for any charges that may apply to your use of our Services or Websites, including text messaging and data charges if you access or use the Services or Websites on your mobile or other device. If you're unsure what those charges may be, you should ask your mobile operator, internet, or other service provider before using the Services/Websites.

 

Third-Party Components. You acknowledge that our Services, Software, and Websites, may incorporate, embed, be combined with, or may otherwise interact with third party computer programs, applications, services, links, and components (“Third-Party Components”).  Where our Websites contain links to other websites and/or resources provided by third parties, which include third-party social media websites such as Facebook, Instagram, and LinkedIn, they are provided for your information only. Please review the third-party website's terms of use and other policies carefully and make sure you understand them before you engage in any transaction.

 

Linking to our Websites. You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

 

Communication with WalkTask. You may provide notices, requests, information, and other communications to WalkTask via our customer support. You agree to receive communications from us electronically, e.g., by email, through our applications, and customer support platforms, and consent that such notifications have the same legal power as communication in writing. We may communicate to you in order to advise you about provision, changes, or additions to the Services or for other purposes that are reasonable or required by applicable law. When communicating with our customer support representatives, you agree to be respectful and kind. In addition, you undertake to provide accurate data for communication with us and, if your contact details have changed, update them in your Account immediately. WalkTask is not liable if you do not receive certain notices regarding the Services upon your failure to update your contact details.

 

Internet Connection. Certain Services may require an active and stable connection to the internet in order to function. It is therefore your responsibility to ensure that you have at all times an active and stable internet connection.

 

Prevailing Language. For all purposes, the English language version of the Terms shall be the original, governing instrument and understanding between you and us. In the event of any conflict between this English language version of the Terms and any subsequent translation into any other language, the English language version shall govern and control.

 

Force Majeure. WalkTask shall not be in breach of the Terms nor liable for delay in performing, or failing to perform, any obligations under the Terms if such delay or failure result from unforeseen circumstances, events, or causes beyond WalkTask's reasonable control (including, without limitation, failures of third party software (whether open or not), failures of your telecommunication or internet service providers, force majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities). In such cases, WalkTask shall be entitled to a reasonable extension of the time for performing any such obligations under the Terms.’

 

No Reliance. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

 

  1. CONTACT US

If you have questions regarding the Terms, please contact us at [email protected].