Terms and Conditions

Last updated: May 2019

Definitions

Diggle is an online service, owned by Specifique Norge AS (org. number 981446305).

These Terms and Conditions (hereafter “Terms”) are applicable to the web domains app.diggle.com, diggle.com, GoDiggle.com and any additional services offered by or available via Diggle (hereafter termed “Diggle”, “Diggle.com” or “We”). The services rendered are hereafter termed “Services”.

These Terms are entered into between Diggle and its Services, and:

• The person with the administrative responsibility of an app.diggle.com account and other Users (see below for definition) pertaining to that account (hereunder “Account Holder”). An Account Holder additionally takes sole legal responsibility for payment and billing when appropriate, in accordance with the Terms. For every single account, one User will be the Account Holder.
• Any person using Diggle through an account they have created, or through one that has been created by a third party (hereafter “User“).
• Any participant currently in the process of completing one or more Diggle Sessions(hereafter “Participant”).

The Terms are accepted digitally by the Account Holder upon registering for an account and upon first login. The Account Holder holds full legal responsibility for any breaches in the Terms made by either themselves, any other Users pertaining to their account, or by Participants involved in one or more Sessions. The Account Holder takes responsibility for making the Terms known to all relevant parties.

For the purposes of this agreement, the following definitions will be made. Within a Diggle account, a consecutive collection of exercise templates is defined as a “Template”. A Template in itself does not intrinsically include user data, and does not have Participants associated to it. A “Session” is defined as a particular and instantiated occurence of a given Template, which can be directly answered by Participants, or that in other ways have Participants data associated with it. One Template can have several Sessions.

Acceptance to our Terms

• By using Diggle or accessing any content or material that is made available through these websites you, the “Account Holder”, understand and agree to accept and adhere to the following Terms.
• In the event of substantial changes to the Terms, we will notify you issue you a notice through email to your registered email-account. Once per such case, the Terms will also be presented at login, and will need to be accepted before any further use of the account. Please therefore make sure you read any such notice carefully.
• Your continued use of Diggle after such changes will constitute acknowledgment and agreement of the modified Terms. If you do not wish to continue using Diggle under the new version of the Terms, you may terminate the agreement by contacting us through [email protected].
• We reserve the right to make non-substantial changes to these Terms without notice. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications.

Using the Services

• On one hand, the content of Diggle is delivered to the user for general information purposes about the Diggle services, as seen on diggle.com, and on the other hand, for use of the software developed by Diggle, as seen via the domain app.diggle.com.
• The content of both sites and any additional Diggle service can only be used within the framework of the services offered on this site and for personal use by the user.
• Diggle reserves the right to deny access to or terminate access of a user to these services in case of violation of the present Terms.

Changes to Diggle

• We may discontinue or change any service or feature provided at any time.

Illicit or prohibited use

• You must be 13 years or older in order to use the Services. Accounts registered by “bots” or other automated methods are not permitted. You must provide a valid email address and other information we request in order to complete the signup process. Your login may only be used by you. You may not share your login with anyone else. Additional, separate logins are available through the Services. You are responsible for maintaining the security of your account and password. Diggle accepts no responsibility or liability for any loss or damage arising from your failure to comply with this security obligation. You are responsible for all of the content posted and activity that occurs under your account.
• The user engages him/herself to use this site in compliance with the laws and legal and contractual provisions. The user cannot use this website in any way that may prejudice the interests of Diggle.com, of its contractors and/or its clients. In particular, the user engages him/herself not to use the site for illicit or illegal purposes that would be contrary to public order or morality (e.g.: content that is violent, pornographic, racist or xenophobic, defamatory, …).

Guarantees and liability disclaimer

• The user assumes full responsibility for the use of the Diggle.com site. Any material downloaded or otherwise obtained through the use of the services is done so at the user’s own discretion and risk. The user will be solely responsible for any damage to his/her computer system or any loss of data resulting from the download of any such material. The services of Diggle.com are provided “as is” and “as available”. Diggle.com cannot warrant that these services will be uninterrupted, timely, secure or free from error, that the results obtained by using the services will be accurate and reliable, that possible defects in any software used will be corrected.
• Diggle.com will use all reasonable efforts to publish information which, to our knowledge, is up to date on the site. Diggle.com however neither warrants that such information is suitable, accurate and exhaustive, nor warrants that the site will be permanently complete and updated in all regards. The information contained on this site, as among other things the prices and charges, may contain content errors, technical errors or typographical errors. This information is provided on an indicative basis and will be periodically modified.
• Diggle.com cannot be held responsible for the content of messages, hyperlinks, information, images, videos or any other content whatsoever submitted by the users using the services of Diggle.com.
• Diggle.com may not systematically control the content of its site. If the content appears to be illicit, illegal, contrary to public order or morality, the user shall inform Diggle.com thereof, in accordance with the present Terms. Diggle.com will suppress any content that it would consider at its sole discretion as illicit, illegal or contrary to public order or morality, without being held responsible for omitting to suppress or deciding to maintain any content.
• The Diggle Services may contain hypertext links to other sites. These links are provided to the user on an indicative basis only. Diggle.com does not control such websites, nor the information contained in them. Diggle.com can hence not warrant the quality and/or exhaustiveness of this information.
• Diggle.com cannot in any case be held liable for direct or indirect damages, nor for any other damages of any nature resulting from the use, or the impossibility of use of the site for any reason, regardless of whether this liability is based on a contract, on an offence or a technical offence, or whether it is or not a liability without fault, even if Diggle.com has been advised of the possibility of such damages. Diggle.com cannot in any way be held liable for acts committed by the internet users.

Additional Terms

• By accessing Diggle, you are granting permission to us and others to aggregate searches for statistical purposes and use it in connection with the Services, the Site and otherwise in connection with our business. The right to use Diggle and all related information are provided on an “as is” basis. Diggle makes no warranties whatsoever regarding the subscription agreement and the information provided and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from their use. Diggle is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access. Diggle provides you with the ability to remove your personal information from the Site and the Services. This ability does not extend to copies that others may have made or to copies that we may have made for backup purposes.

Using the Diggle Services

The following Terms govern your use of the Diggle Services. This is a subscription agreement (“Agreement”) between you and Specifique Norge as (“Diggle”). By accessing the Diggle Services, you acknowledge that you have read, understand and accept the following Terms. In the event you do not agree and do not want to be bound by these Terms, destroy your passcode and cease all further use of the Diggle Services.

Subscription grant

• Diggle grants to you (either to you individually or the company for whom you work) a non-exclusive subscription, to use the Diggle Services solely for your own personal or business purposes on a computer during the period of time or session where you interact with the Diggle Services (whether by means of a laptop computer, standard computer or a workstation attached to a multi-user network (a “Computer”). We consider the Diggle Services in use, on the Computer you are currently using, when the Diggle Services are fully or partially loaded into that Computer’s temporary memory (“RAM”) and when you interact with, upload, revise or input information onto Diggle’s servers by means of the Diggle Services. Diggle reserves all rights not expressly granted herein.

Ownership

• Diggle or its licensors are the owners of all right, title, and interest, including copyright, in and to the Diggle Services. Copyright to the individual Diggles made using the Diggle services are either owned by Diggle or its licensors. Ownership of the Software and all proprietary rights relating thereto remain with Diggle and its licensors.

Restrictions on Use and Transfer

• You may use only account(s) within the Diggle Services that are associated with your User.
• You may not:
  • Rent or lease the Diggle Services.
  • Transfer Diggle Services, unless it is explicitly allowed by the Diggle team and is in compliance with these Terms.
  • Copy or reproduce the Diggle Services through a LAN or other network systems or through any computer subscriber system or computer network bulletin-board system.
  • Modify, adapt, or create derivative works based on the Diggle Services; or reverse engineer, decompile or disassemble the Diggle Services.

Disclaimer of Warranties

• We provide Diggle “as is” and “as available.” We make no express warranties or guarantees about Diggle. We make no claims of time-to-load, service up-time or quality.To the extent permitted by law, we and our licensors disclaim implied warranties that Diggle and all software, content and services distributed through Diggle are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that Diggle will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of Diggle, including any support services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use Diggle (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by any Diggle representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change depending upon the jurisdiction in which the Software is utilised.

Limitation of Liability

• We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon Diggle. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some provinces, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces, states or jurisdictions, our liability, and the liability of our parent and suppliers, shall be limited to the extent permitted by law.

Indemnification

• Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of Diggle. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Payments

• A valid credit card is required for paying accounts. Other payment methods can be arranged, if agreed upon with an accepted representative of our team.
• Fees, rate limits and effective dates for these Services are negotiated separately from the Terms.
• The Services are billed in advance on a billing period basis. There will be no refunds or credits for partial billing periods of service, upgrade/downgrade refunds, refunds for billing periods unused.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only VAT when a valid number is provided.
• For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
• Downgrading or cancelling your Service may cause the loss of content, features, or capacity of your account. Diggle does not accept any liability for such loss. If a User has active Sessions with features that are only available to a higher-priced subscription, the active Sessions and the data within will not be deleted upon subscription downgrade, but the User may no longer be able to initiate new Sessions with this content.
• Prices of any Service may change. Changes in subscription plan prices will be put into effect upon payment of the subsequent subscription period. Notice of pricing changes may be provided by contacting you using the contact information you have provided to us.
• Diggle will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Site or Services.
• You may cancel your subscription to Diggle at any point prior to your next billing period (auto-renewed subscriptions are billed annually), no questions asked. You may turn off the auto-renewal for your subscription by cancelling your subscription at least 48 hours prior to your renewal date. By doing this, you will not be charged for subsequent billing periods. You may use your account as-is until the end of the billing period. If you do not cancel at least 48 hours prior to your renewal date, your subscription will be automatically renewed and we will charge your account using the Account Holder’s current payment method.

Intellectual property rights

• The elements accessible on this site that are the property of Diggle.com, as well as their compilation and construction (texts, photographs, images, icons, videos, software, databases, data, etc.), are protected by the intellectual property rights of Diggle.com and Specifique Norge AS.
• The elements accessible on this site, which have been posted by users of the Diggle.com services, as well as their compilation and construction (texts, photographs, images, icons, videos, software, databases, data, etc.), may be protected by the intellectual property rights of these users.
• The names and logos of Diggle.com displayed on this site are protected trademarks and/or trade names. The trademarks of Diggle.com must not be used in connection with any product or service other than those of Diggle.com, in any way whatsoever that may create confusion among consumers or in any way that may depreciate or discredit Diggle.com.
• Unless expressly authorised, the user may not in any case copy, reproduce, represent, modify, transmit, publish, adapt, distribute, spread, sub-license, transfer, sell in any form or media, and will not exploit in any way whatsoever all or part of this site without prior written consent by Diggle.
• The user owns the content submitted or posted on this site. The user grants Diggle.com, for unlimited time, a free, non-exclusive, worldwide, transferable right to use, copy, modify, aggregate, distribute, publish, process, exploit, sub-licence and sell in any form the content that the user provides through this site, including content on which the user holds copyright.

Privacy policy (protection of personal data)

• Use of our Services may result in the collection and processing of personal data by Diggle. We therefore invite you to read our privacy statement.

Dispute settlement, competence and applicable law

• The present Terms are subject to Norwegian law. Any dispute arising from or related to this service will be the object of a dispute resolution procedure between the parties. In case of failure of the dispute resolution procedure, the dispute will be brought before the courts of Oslo (Norway). Diggle.com reserves the right to refer to another court of competent jurisdiction if it deems it appropriate.

Termination

• Your right to use Diggle automatically terminates at the end of the term of our agreement and earlier if you violate these Terms of Service in connection with your use of Diggle. We reserve the right, in our sole discretion, to terminate your access to all or part of Diggle, in the event that you breach these Terms of Service, with or without notice.
• You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can downgrade, upgrade or cancel your subscription anytime in your account settings at app.diggle.com by clicking the appropriate button.
• You may request to delete your content. An Account Holder may delete an entire account, and a User may delete his or her specific user content. After a request to delete content, your content will be deleted after 120 days. In this period, it is saved in our encrypted back-up storage and will not be accessible by anyone other than Diggle staff. After the provided 120 days, all of your content will be automatically deleted from our encrypted storage. This information cannot be recovered once it has been deleted. Upon explicit request, the deletion process can be expedited, and Diggle can completely delete your content as fast as possible, in which case, Diggle allows itself an appropriate number of working days, as deemed by Diggle, to delete your content. Provided a means of contacting you, you will be notified upon deletion of content.
• Diggle, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Diggle service, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Diggle reserves the right to refuse service or the Services to anyone for any reason at any time.
• If you are a subscriber to one or more Services that are terminated, limited, or restricted, such termination of the Services will result in the deactivation or deletion of your account or your access.

Any notices must be sent to Diggle in English or Norwegian at [email protected]. A printed version of this agreement and any warning mention delivered in electronic form will be accepted in any legal or administrative procedure resulting from, or related to this agreement, in the same way and under the same conditions as other documents and trade registers created and stored in written form.