Terms of Service
Last Updated 7th feb 2023
Please read these Terms and Conditions (the “Agreement”) carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and STEPR pty, ltd. (“STEPR” or “we” or “us” or “Company”) concerning your use of (including any access to) the online services that STEPR makes available for use through the exercise equipment that it makes available, and any mobile app(s) that STEPR makes available for use in connection with such equipment (the “App”) (collectively, together with any software, web pages, cloud services, content, and other materials and services available therein, and successor service(s) and app(s) thereto, the “Service”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by STEPR through the Service, or otherwise made available to you by STEPR.
By using the Service, you affirm that you are of legal age to enter into this Agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. Please note that separate requirements may apply to a minor’s use of any STEPR devices or Service.
If you are an individual accessing or using the Service on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Service and to any such Organization. Please note that use of the Service by or on behalf of any Organization may also be subject to additional terms made available by STEPR from time to time, which are hereby incorporated by this reference into this Agreement.
Pre-Order Terms and Conditions
Thank you all so much for placing your Pre-Orders for the STEPR. These Pre-Orders help us begin our manufacturing process. You are our very first customers and we can’t thank you enough. You make STEPR possible.
These Pre-Order Terms and Conditions (these “Terms”) govern the placing of Pre-Orders with STEPR pty, ltd. (the “Company”) for the STEPR (a connected stair climbing machine for indoor home use). By submitting your Pre-Order, you agree to be legally bound by these terms.
- Delivery. We expect delivery of our first units to be between 6-9 months from now (now being February, 2023). We are confident that we will be able to deliver in this time frame.
- Priority. STEPR will build products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products.
- Payment. Pre-Orders serve as a $100.00 down-payment toward the final purchase price ($2,999.00). All Pre-Orders are handled through the Shopify Payment platform. Methods of payment accepted are Visa, Master Card, American Express, Discover, PayPal and others as made available from time to time by the payment gateway provider. Your placing of a Pre-Order constitutes your express agreement to the company charging of your provided payment method at such time. The purchase price does not include import shipping, installation, duties, taxes and other government charges.
- Final Checkout. Your $100.00 Pre-Order will be deducted toward the final purchase price at final checkout. The total purchase price of the STEPR is $2,999.00. Thus, at final check-out you will be asked to pay $2,899.00 + shipping, installation, duties, taxes and other government charges.
- Refund Policy. If the Company is unable to commence shipping of the STEPR before September 15, 2023, the Company shall process a full refund to you.
- Product Subject to Minor Change. The STEPR (hardware and software) may be subject to minor changes from its original specifications. Some final tweaks may be made before mass production. We anticipate these to be very minor, if any. You will be notified of such changes via our website and will still be receiving a connected stair climbing machine for indoor and home use.
- Next Steps. When we are ready to ship you your STEPR, we will email you to (1) schedule delivery and installation and (2) commence final payment.
- When placing a Pre-Order, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current.
- Force Majeure. Your Pre-Order does not create liability for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
- Please contact firstname.lastname@example.org with any questions.
Product Terms and Conditions
- Information Submitted Through the Service. You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.
- Jurisdictional Issues. The Service is controlled or operated (or both) from the United States, Australia and from time to time various other countries, and is not intended to subject STEPR to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
- Fitness and Various Related Content. The content and other material and services available through the Service may include instructional videos, exercise routines, exercise records and other media. You acknowledge and agree that STEPR is not a healthcare provider or fitness instructor; that the Service (including any recommendations and any information available through the Service that may be personalized) may not be appropriate for you, and does not constitute or replace medical advice; and that STEPR is not responsible for any results that may (or may not) be obtained from the use of the Service. You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment or disability that may prevent or limit your ability to use the Service. You further understand and agree that you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Service solely in accordance with your personal physician’s advice.
- Family Content. You may permit individuals under the age of 18 to use family content only if you remain present and supervise the minor at all times during use of the family content. You are fully responsible for the minor’s safe use of family content.
Waiver. You understand that by using the Service, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including risks that arise as a result of entering a gym space or any other space or environment in which the Service is made available, performing physical activity, and/or using the equipment on which the Service is available. You understand that injuries or damage could occur by natural causes or activities of other persons, including the activities of other persons using such equipment, or other third parties (including third-party fitness instructors and other exercise participants), whether as a result of negligence or otherwise. To the fullest extent permitted by applicable law, you voluntarily assume all risk of loss, damage and injury to person or property that may arise from, or that is related to, your use of the Service, whether such risk is known or unknown to you.
You hereby waive and release STEPR to the maximum extent permitted by law, from any claim, action, suit or demand arising out of or in connection with the use of the Services (including with respect to any physical injury or death). You acknowledge that neither STEPR nor its Affiliated Entities will incur any obligation to you under any legal theory (including negligence) as a result of your use of the Service. You agree that this release is binding upon you and your heirs, executors, administrators, successors and assigns.
The foregoing release is intended to apply to all claims not known or suspected to exist, with the intent of waiving, if applicable, the effect of California Civil Code Section 1542 (which states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.) and other analogous laws or legal principles of any jurisdiction requiring the intent to release future unknown claims.
Rules of Conduct. In connection with the Service, you must not:
- Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
-Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
-Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Service.
-Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Service with his or her own STEPR device.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without STEPR’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Service.
- Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without STEPR’s express prior written consent.
- Systematically download and store Service content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without STEPR’s express prior written consent.
- You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
- Products. The Service may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by STEPR or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Service of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.
Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the Service (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
STEPR reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to STEPR’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Service. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Memberships. Certain features, content, functionalities and other aspects of the Services may be available only through a program (the “Membership Program”) for users with a valid membership. The fee for the Membership Program (the “Membership Fee”) is currently $29 USD per month plus any applicable taxes, and is non-refundable. STEPR may, in its sole and absolute discretion, change the Membership Fee from time to time.
STEPR may, in its sole and absolute discretion may allow monthly Membership Programs or may introduce an initial Membership Program term of one year is required with each purchase of a STEPR device, except devices in multi-residence households as described below. The Membership Fee is payable on a monthly basis. After the initial one-year term, each membership will renew automatically on a monthly basis, unless you cancel your membership. Unless you notify us at least one and no more than 30 days before any such renewal date that you wish to cancel your membership or that you do not wish to automatically renew your membership, you understand and expressly agree that your membership will automatically continue for additional periods of one month each, and you authorize STEPR (without notice to you, unless required by applicable law) to collect and charge the then-applicable Membership Fee and any applicable taxes, for each such renewal, using any payment card that STEPR has on file for you. You agree to provide STEPR with alternate payment card information if the payment card STEPR has on file for you is no longer valid, or if you choose to use a different payment card. For clarity, if your payment card expires or is no longer valid, your membership is paused, or we are otherwise unable to charge a Membership Fee payment to your payment card for any particular month during your initial Membership term, you are still responsible for making twelve monthly Membership Fee payments, which may mean that the monthly payments for your initial Membership term continue until you have made twelve monthly payments. The STEPR trainer will stop functioning if you do not complete the twelve monthly payments of the required initial Membership term.
If you wish to cancel your membership, you may contact our Customer Care team via email@example.com. Please contact our Customer Care team at least one and no more than 30 days prior to your desired last day of service.
All memberships in the Membership Program are final. Except as otherwise required by applicable law, any paid Membership Fees (or payable Membership Fees for the remainder of an existing membership term) are non-cancellable and non-refundable. If you decide to cancel your membership, your membership will automatically expire at the end of your then-current membership term. For example, if you cancel your membership in the middle of a monthly billing cycle, your membership will continue until the end of that billing cycle.
Each membership is associated only with a single household, and cannot be used to enable any benefits of the Membership Program on any STEPR device outside of your household. Please note that multiple residences that you maintain for your own personal use are considered a single household. A membership may permit the member to create and manage additional user accounts, solely for family members and personal guests of the member, that are permitted to use the benefits of the Membership Program on any STEPR device associated with a valid membership (“Additional Users”). Each Additional User must accept the terms and conditions of this Agreement prior to using the Service, and the member will be responsible for all acts and omissions of each Additional User under the membership.
STEPR reserves the right, in its sole and absolute discretion, to exclude any individual(s) from the Membership Program or to terminate any membership, for any reason, including abuse of the Membership Program, failure to comply with this Agreement, or fraud, misrepresentation or other conduct detrimental to the interests of STEPR. Any such exclusion or termination may affect eligibility for further participation in the Membership Program.
Please note that if your membership expires or is cancelled or terminated, you and any Additional Users may no longer have access to any data, information or other content (including historical data, usage records, custom workouts, etc.) associated with your membership, or to any advanced weight modes. For clarity, the ability to perform any workouts using your STEPR Device without a valid membership may be limited.
Registration; User Names and Passwords. You may need to register to use all or part of the Service. We may reject, or require that you change, any user name (which may be your e-mail address), password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not STEPR, are responsible for choosing a secure password and for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account.
You are solely responsible for all use of the Service by any Additional Users and any other users who access the Service through you or your STEPR device.
- Profiles and Forums. Service visitors may make available certain materials (each, a “Submission”) through or in connection with the Service, including on profile pages or on the Service’s interactive services, such as message boards, competition leaderboards and other forums, and chatting, commenting and other messaging functionality. STEPR has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Service, you do so at your own risk.
License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous and without restriction, and does not place STEPR under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Service, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
- Your Limited Rights. The Service is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by STEPR to use the Service, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to (a) use the Service (excluding the App) on STEPR-branded equipment, solely for your personal, non-commercial use; and (b) install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Service, and remove (that is, uninstall and delete) the App from your mobile device.
- STEPR’s Proprietary Rights. We and our suppliers own the Service, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include STEPR, and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
Third Party Materials; Links. Certain Service functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by STEPR with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
- Limitation of Liability. To the fullest extent permitted under applicable law: (a) STEPR will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, STEPR will not be liable for damages of any kind resulting from your use of or inability to use the Service or from any Products or Third Party Materials, including from any Virus that may be transmitted in connection therewith, or from STEPR’s termination of this Agreement; (c) your sole and exclusive remedy for dissatisfaction with the Service or any Products or Third Party Materials is to stop using the Service; and (d) the maximum aggregate liability of STEPR for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (a) the total amount, if any, paid by you to STEPR to use the Service within the twelve (12) months preceding the date of the applicable claim; and (b) ten U.S. Dollars ($10). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both STEPR and the Affiliated Entities, and their respective successors and assigns.
- Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless STEPR and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) any use of, or activities in connection with, the Service (including all Submissions) by you, your Additional Users, and/or any other person who uses the Service through you or your STEPR device; and (b) any violation or alleged violation of this Agreement by you.
- Termination. This Agreement is effective until terminated. STEPR may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if STEPR believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and STEPR may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.
Governing Law; Arbitration. The terms of this Agreement are governed by the laws of Australia (including federal arbitration law) and the State of Queensland, Australia., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and STEPR, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that STEPR and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
You may opt out of this agreement to arbitrate by emailing firstname.lastname@example.org with your first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.
The arbitration will be administered by the Australian Centre for International Commercial Arbitration (ACICA) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online via the Australian Centre for International Commercial Arbitration (ACICA) website. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the ACICA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
- Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Please note that STEPR does not endorse any of the products or services listed on such site.
Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to STEPR a written notice by mail or e-mail, requesting that STEPR remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to STEPR a counter-notice.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
- Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
- Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and STEPR. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and STEPR relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and STEPR relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. STEPR will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
- Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to STEPR in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, 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; notwithstanding the foregoing, STEPR’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
- Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We encourage you to check the Service regularly to learn about changes to this Agreement. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to any part of the Service via any third-party links); charge, modify or waive any fees required to use any part of the Service; or offer opportunities to some or all Service users.
Spacing. For an optimal STEPR experience, we recommend at least an 8ft ceiling & minimum one side (either left, right, front or behind) to have space for you to exercise next to it in the room you’ll be using your STEPR in.
WiFi is best. WiFi signal must be strong enough to stream audio and video on smartphones and laptops.
If you are not satisfied with your STEPR, you can request a return within 30 days after your delivery. Unless you are eligible for our Home Trial Offer, this Return Policy applies.
STEPR’s guarantee doesn’t cover ordinary wear and tear or damage caused by improper use or accidents subject to the terms of our product warranty.
Because of the size and weight of our fitness products, we do not offer a refund for any shipping or delivery charges that you may have paid to receive your STEPR. Returns will be charged an additional return shipping fee of $250 or more depending on your location.
If your STEPR is returned in damaged condition, with missing parts, or otherwise has signs of abuse, STEPR reserves the right to refuse a refund or to charge additional restocking fees, at STEPR’s sole discretion.
If your STEPR is returned in damaged condition or with missing parts, you may be charged an additional restocking fee.
Please contact us via email@example.com if you have any questions regarding these Terms and Conditions.
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