These Terms of Service (these "Terms") are a binding agreement between you and Staka, LLC, a New Hampshire limited liability company with offices at 221 Main St #4218, Nashua, NH 03060, USA ("Staka," "we," or "us"). They govern your access to and use of the Staka iOS application, the staka.ski website, and every related service we operate (together, the "Service"). Our Privacy Policy describes how we handle information about you and is part of these Terms.
PLEASE READ THESE TERMS CAREFULLY. SECTION 21 CONTAINS A BINDING INDIVIDUAL ARBITRATION REQUIREMENT AND A CLASS-ACTION WAIVER. IT AFFECTS HOW DISPUTES BETWEEN YOU AND STAKA ARE RESOLVED, INCLUDING WAIVING THE RIGHT TO A JURY TRIAL, AND INCLUDES A 30-DAY RIGHT TO OPT OUT. SECTION 14 CONTAINS HEALTH WARNINGS, AN ASSUMPTION OF RISK, AND A RELEASE RELATING TO STRENUOUS PHYSICAL EXERCISE.
Questions about these Terms can be sent to [email protected].
1. ACCEPTANCE
By creating an account, or by accessing or using any part of the Service, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes it.
2. ELIGIBILITY
a. You must be at least 13 years old and capable of forming a binding contract where you live to create an account.
b. If you are under the age of majority where you live, you may use the Service only with the permission of a parent or legal guardian who has reviewed and agreed to these Terms. That parent or guardian is responsible for your use of the Service, including any breach of these Terms.
c. We may refuse, suspend, or close accounts to comply with law or to protect the Service or its users.
3. YOUR ACCOUNT
Staka uses passwordless sign-in: you authenticate with a one-time code sent to your email address. You agree to provide accurate information, keep it current, and keep control of the email account you register with, since it is the key to your Staka account. You are responsible for all activity under your account. Notify us promptly at [email protected] if you believe your account has been accessed without your permission.
4. PRICING
The Service is currently free of charge, and we do not collect payment information. We may introduce paid features in the future; if we do, we will present the price and the applicable terms before you are charged anything.
5. LICENSE TO USE THE SERVICE
Subject to these Terms, Staka grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for your own recreational, non-commercial use. All rights not expressly granted are reserved by Staka and its licensors. This license ends when your account closes or when you breach these Terms.
6. COMMERCIAL USE
The Service is licensed for personal use. Without our prior written authorization, you may not use the Service commercially, including: operating it in a gym, studio, club, or other venue for customers; charging others for access, instruction, or coaching delivered through it; or organizing sponsored or paid competitions on it. If you would like to do any of these, write to [email protected]; we are open to arrangements.
7. ACCEPTABLE USE
You agree that you will not:
a. cheat, manipulate results or ratings, misstate body metrics used by the simulation, or submit effort data that your SkiErg did not produce;
b. access or attempt to access another person's account, or misrepresent who you are;
c. harass, threaten, or abuse other skiers, or use the Service for anything unlawful;
d. probe, overload, disrupt, or circumvent the Service or its security or authentication measures;
e. scrape, harvest, or systematically extract data from the Service; or
f. assist or encourage anyone else to do any of the above.
8. COMPETITIVE INTEGRITY
Racing only works if results are honest. We may monitor gameplay, effort data, body-metric changes, and results for signs of manipulation. If we conclude, in our sole discretion, that results were obtained unfairly or that this Section or Section 7 was violated, we may without prior notice: void or adjust results and ratings, remove entries from leaderboards, restrict features, or suspend or terminate the account. We are not obligated to describe our detection methods, and doing so would defeat their purpose. Our decisions on competitive integrity are final.
9. UNOFFICIAL SOFTWARE AND AUTOMATION
You may not: use bots, scripts, or automation to interact with the Service or to simulate skiing activity; build, distribute, or use software that emulates, intercepts, or redirects the Service's communications or that connects to our servers other than through the official app; tamper with, spoof, or fabricate the data the Service receives from connected equipment such as a SkiErg or heart-rate monitor; or decompile, disassemble, or reverse engineer the Service, except to the extent applicable law does not permit that restriction.
10. YOUR DATA AND YOUR LICENSE TO STAKA
You own the data you generate. You grant Staka a limited, worldwide, royalty-free license to host, process, and display it as needed to operate the Service, including showing other skiers your display name, country, rank, kit, race times and placements, and, while you ski with others, live and summary effort figures such as speed, power, cadence, heart rate, weight, and height, as described in our Privacy Policy. If you delete your account, races you finished remain part of other skiers' race history in de-identified form, shown as "Account Removed." How we handle personal information is described in our Privacy Policy.
11. GAMEPLAY CAPTURES AND PROMOTION
Staka's team skis too, and we may record our own use of the Service: screenshots and screen recordings taken from our own accounts and our own point of view, for use in promoting the Service, for example on our website, in App Store materials, and in marketing. We do not record from your account or your screen. Because Staka is a shared world, a skier who happens to be nearby, or in the same race as the person recording, may appear in such a capture incidentally. If that skier is you, your skier and kit, your display name, country, rank, and results may be visible as part of the scene, and you grant Staka a worldwide, royalty-free license to that incidental appearance. We will not edit a capture to present you as personally endorsing Staka. A capture made while your account was active may continue to be used after you delete your account.
12. COSMETIC ITEMS
Kit colors and other in-game cosmetic or virtual items are licensed, not sold. They have no monetary value, are not your property, cannot be redeemed for money, and may be changed, replaced, or retired as the Service evolves. Any such items associated with your account are forfeited when the account closes.
13. FEEDBACK
If you send us ideas, suggestions, bug reports, or other feedback about the Service, you agree that it is not confidential and that we may use it for any purpose without restriction, attribution, or compensation.
14. HEALTH, EXERCISE, AND ASSUMPTION OF RISK
PLEASE READ THIS SECTION CAREFULLY. STAKA INVOLVES REAL, STRENUOUS PHYSICAL EXERCISE.
a. Consult a physician before starting Staka or any exercise program, especially if you are pregnant, older, recovering from injury or illness, or new to intense exertion. Staka is a fitness and entertainment product and does not provide medical advice.
b. YOU ASSUME THE RISK. Strenuous exercise carries inherent risks, including muscle, joint, and ligament injury, fainting, heart attack, stroke, and, in rare cases, death. By using Staka you knowingly and voluntarily accept these risks.
c. Listen to your body. Stop and seek medical attention if you feel pain, dizziness, shortness of breath, or any warning sign. Figures Staka shows, including heart rate, are estimates for a game and are not medical measurements.
d. RELEASE. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU RELEASE STAKA, LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ALL LIABILITY FOR INJURY, ILLNESS, OR HARM RESULTING FROM YOUR PHYSICAL USE OF THE SERVICE. This release does not cover gross negligence or willful misconduct, and where a jurisdiction does not allow part of it, it applies to the maximum extent permitted. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
15. HARDWARE AND THIRD-PARTY SERVICES
Staka works with equipment and services we do not control, including the SkiErg, optional heart-rate hardware, and integrations such as Strava and the Apple App Store. We are not responsible for them, and your use of them is governed by their own terms. "SkiErg," "Strava," and "Apple" are marks of their respective owners, used only to describe compatibility.
16. SERVICE AVAILABILITY AND CHANGES TO THE SERVICE
We do not promise uninterrupted or error-free operation. Staka is evolving software; it can have downtime and bugs, and we may change, suspend, or discontinue any part of the Service at any time. We are not liable for unavailability, or for loss caused by events beyond our reasonable control.
17. DISCLAIMERS
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT RESULTS, RANKINGS, OR MEASUREMENTS ARE ACCURATE OR THAT THE SERVICE IS FREE OF HARMFUL COMPONENTS. Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAKA, LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR 100 US DOLLARS. Nothing in this section limits liability that cannot be limited by law, including liability for gross negligence, willful misconduct, or fraud, and nothing in these Terms limits non-waivable consumer rights where you live.
19. INDEMNIFICATION
You agree to indemnify and hold harmless Staka, LLC and its owners, officers, employees, and agents from claims, losses, and expenses, including reasonable attorneys' fees, arising out of your misuse of the Service, your breach of these Terms, or your violation of any law or of any third party's rights.
20. TERMINATION
You may stop using the Service at any time and may delete your account in the app (Settings, then Delete Account). We may suspend or terminate your access as described in Sections 2, 8, and elsewhere in these Terms, or where required for legal or security reasons. Sections that by their nature should survive termination survive it, including Sections 10 through 14 and 17 through 23.
21. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS-ACTION WAIVER
THIS SECTION REQUIRES MOST DISPUTES BETWEEN YOU AND STAKA TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, WAIVES CLASS ACTIONS AND JURY TRIALS, AND INCLUDES A RIGHT TO OPT OUT WITHIN 30 DAYS.
a. Informal resolution first. Before starting arbitration or court proceedings, the party with a dispute must send the other a written notice describing the dispute and the relief sought, with the sender's name and contact details. Send notices to Staka at [email protected] or to the postal address in Section 23; we will send notices to the email on your account. The parties will then try in good faith to resolve the dispute for 30 days. Deadlines for filing, including statutes of limitation, are paused during this period.
b. Agreement to arbitrate. If the dispute is not resolved informally, you and Staka agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms, including their interpretation, formation, or enforceability, will be resolved by final and binding arbitration between you and Staka on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, as modified by this Section. The Federal Arbitration Act governs this Section. The arbitrator decides all issues, including arbitrability, and may award the same individual relief a court could.
c. Exceptions. Either party may bring an individual claim in small claims court, and either party may seek relief in court for infringement or misuse of intellectual property. Claims for public injunctive relief, where such relief cannot lawfully be arbitrated, may be decided by a court after the arbitrator resolves the individual claims, and are otherwise stayed.
d. Procedure. Arbitration will be conducted in English by a single arbitrator. For claims under 10,000 US dollars, the arbitrator will decide on written submissions unless a hearing is genuinely needed. Hearings will be held by video or phone; if an in-person hearing is required, it will be held in the state where you live. Fees are allocated under the AAA's consumer rules. If the arbitrator finds a claim was filed for an improper purpose or was frivolous, the arbitrator may require the filing party to pay the other side's resulting fees and costs to the extent the law allows.
e. Class-action waiver. YOU AND STAKA EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not combine claims of different people or preside over any form of representative proceeding.
f. Coordinated filings. If 25 or more arbitration demands raising similar issues are brought by or with the assistance of the same or coordinated counsel, the parties agree they will be resolved in stages rather than all at once: an initial group of up to 20 demands (10 chosen by each side) proceeds first; the parties then mediate the remainder in a single global mediation; any demands still unresolved proceed in successive groups of up to 40, selected randomly, until all are resolved. Filing fees are owed only when a demand actually proceeds under this process, limitation periods are paused for demands awaiting their stage, and a court may enforce this subsection. If this process is found unenforceable as to a demand, that demand may proceed in court on an individual basis.
g. Two-year period. To the extent the law allows, any claim relating to the Service must be brought within two years of the date the claiming party knew or should have known of it, or it is permanently barred.
h. Opt-out. You may opt out of this arbitration agreement and class-action waiver entirely by emailing [email protected] within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms. If we materially change this Section, you may reject the change the same way within 30 days of notice, and the version you last accepted will continue to apply.
i. Severability of this Section. If the class-action waiver is found unenforceable as to a particular claim, that claim, and only that claim, must proceed in court, and the rest of this Section continues to apply. This Section survives the closing of your account.
22. GOVERNING LAW AND VENUE
These Terms are governed by the laws of the State of New Hampshire, USA, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 21. Any dispute that is not subject to arbitration and is not brought in small claims court will be brought exclusively in the state or federal courts located in New Hampshire, and you and Staka consent to their jurisdiction. Nothing in these Terms limits non-waivable rights you have under the law where you live.
23. APPLE APP STORE
If you use the Staka app from the Apple App Store, these terms are between you and Staka, LLC, not Apple. Apple is not responsible for the app and has no obligation to provide maintenance, support, or any warranty for it. Staka, LLC, not Apple, is responsible for the app and for addressing any claims relating to it, including product liability, legal or regulatory compliance, consumer protection, and claims that the app infringes intellectual-property rights. You represent that you are not located in a country subject to a United States government embargo or designated as "terrorist supporting," and that you are not on any United States government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them. Your use of the app must also follow Apple's applicable terms and the standard Licensed Application End User License Agreement.
24. CHANGES TO THESE TERMS
We may update these Terms. When we do, we will post the updated Terms on this page and change the "Last updated" date, and for material changes we may also give notice in the app or by email. Your continued use of the Service after an update means you accept it; if you do not accept, stop using the Service and delete your account. Changes to Section 21 are subject to the rejection right in Section 21(h).
25. GENERAL
These Terms, together with the Privacy Policy, are the entire agreement between you and Staka about the Service. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the rest remains in effect, subject to Section 21(i). Our not enforcing a provision is not a waiver of it. You may not assign these Terms; we may assign them to a successor of the Service or the company. We may communicate with you electronically, and you consent to receiving notices that way. Headings are for convenience only, and "including" means "including without limitation." California residents: under California Civil Code Section 1789.3, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by phone at (800) 952-5210.
26. CONTACT
Staka, LLC
221 Main St #4218
Nashua, NH 03060
USA
[email protected]