Terms of Use
Last Updated: May 1, 2024
Please read the Terms of Use carefully before starting the use of the WalkWork application, as they contain very important information regarding your rights and privileges in connection to the WalkWork application.
These Terms of Use are a legal agreement between WalkWork application., (hereafter referred to as “WalkWork”, “we”, or “us” as the context may require) and you (the “User”) and individual or entity that uses the WalkWork application.
By downloading, installing, logging in, or using the WalkWork application, you agree to these Terms of Use which will legally bind you. If you do not agree to these Terms of Use for any reason, please do not engage in any of the actions listed above.
These Terms of Use may be updated from time to time without any direct communication to you and by using WalkWork, you accept any updates or changes.
1. LICENSES FOR WALKWORK
WalkWork grants you a non-exclusive, non-transferable, revocable license to do the following in accordance with these Terms of Use:
(1)Download, install, and use the WalkWork application and any updates that are provided by WalkWork at any time, in object code form for your personal use only on a compatible mobile device owned or controlled by you
(2)Access and browse the WalkWork website(s) for your personal use only.
WalkWork has the right to terminate and revoke the Licenses granted under these Terms of Use at any time in its absolute discretion without any discussion or notice to you. Any violation of the Terms of Use can and will result in the automatic termination of the Licenses, at which point you agree to immediately discontinue the use of the WalkWork application.
2. RIGHTS FOR THE WALKWORK APPLICATION AND CONTENT
All intellectual property rights and other rights in or to the WalkWork application, and any content of either, made available by or on behalf of WalkWork and its licensors, belong to and remain at all times with WalkWork and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain
(i) any rights in or to our intellectual property rights or those of our affiliates, or
(ii) any intellectual property rights and other rights in or to the WalkWork applicationor any contents of either. “WalkWork” is the trading name of WalkWork and we hold registered and unregistered trade mark rights in respect of this name.
The WalkWork application is licensed and not sold under these Terms of Use. The only rights granted to you in relation to the WalkWork application under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to the WalkWork application is granted by us.
Where you submit any content whatsoever (“Content”) to the WalkWork application, including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the WalkWork application and our business from time to time.
We welcome any feedback or suggestions for improvements relating to the WalkWork application and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.
Save as expressly permitted by us in these Terms of Use, you must not use the content on the WalkWork application (other than content that is submitted by you to the WalkWork App) for any commercial purpose without obtaining written permission from us to do so first.
3. USE OF THE WALKWORK APPLICATION
In order to use the WalkWork application, you must create a user account (a “WalkWork Account”) by logging in using your AppleID,Facebook or Google+ accounts. You are responsible for all uses of your WalkWork account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorized use of your WalkWork account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to keep your AppleID, Facebook and/or Google+ accounts secure. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.
Your WalkWork Account logs details of all StepEnergy generated by you and any transactions using StepEnergy made by you. Please review your WalkWork Account regularly. If you identify any erroneous transaction or unexpected activity on your WalkWork Account, or you believe that the security of your WalkWork Account has been compromised, please reach out to our customer service team as soon as possible.
There are different account levels that you may reach depending on your activity with the application. Additionally, there are different account types – regular users and Influencer users. Your entitlement to access functionality of the WalkWork application and rewards, and your earn rate for generating StepEnergy may vary.
When using the WalkWork application on your mobile device, you acknowledge and agree that WalkWork operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.
4. STEPENERGY
“ StepEnergy” are units of exchange that users of the WalkWork application may generate through verified physical movement (e.g. energy). StepEnergy may be used to redeem awesome prizes, products, and benefits, as well as being used as credit to play games within the WalkWork application for a chance to win a grand prize.
We reserve the right to destroy StepEnergies that we have reason to believe have been created by any other means and to suspend and/or disable WalkWork accounts used in contravention of these Terms of Use.
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 StepEnergies using the WalkWork 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 StepEnergy). Movement verification conducted by our algorithms is considered final and cannot be revised or reversed.
We cap the maximum amount of StepEnergies that users can earn daily at 100 StepEnergies per day. The current step to StepEnergy conversion rate is set at 100 steps to 1 StepEnergy. We may from time to time alter the daily limit of StepEnergies that a user can earn, as well as the step to StepEnergy conversion rate. The applicable cap may vary depending upon the account level of the relevant user or other criteria that we chose to apply. (you may refer to Description of Royalty Rewards details)
StepEnergies are generated when users walk a certain number of steps and must be collected. The StepEnergies that are available must be collected before 11:59pm PT or they will expire and no longer be available to collect. Additionally, StepEnergies can only be generated from the steps if the WalkWork lock screen is enabled.
StepEnergies 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 WalkWork 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 WalkWork application. The currency and amount of any such charges may be determined by us in our absolute discretion.
5. FREE STEPENERGY
Free StepEnergy is a feature that is offered to the users of WalkWork to allow for them to earn extra StepEnergy in addition to the ones generated (and capped) from the steps taken daily.
The content offered through the Free StepEnergy is not in any way associated with WalkWork and are all pulled from third party companies that offer the content. WalkWork does not hold responsible any in appropriate 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 of Use will be surfaced by third party provider on the WalkWork app.
6. ACCEPTABLE USE
You agree that you shall not:
(a) Seek to generate StepEnergy by any means other than those that are openly offered to you by WalkWork from time to time and, in particular and without limitation, you shall not (i) simulate any such verified movement using artificial and/or mechanical means, (ii) enlist third parties to generate StepEnergy on your behalf
(b) copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the WalkWork application or website(s) or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or applicable law;
(c) operate more than one WalkWork account, Including but not limited to registering multiple accounts on the same device, and multiple devices/accounts associated with the same individual.;
(d) use the WalkWork application or website(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the WalkWork application, or fraudulent participation in invitations or other activities;
(e) reproduce, frame, display or mirror the WalkWork application other than as a necessary consequence of their normal operation by you;
(f) infringe our intellectual property rights or those of any third party in relation to your use of the WalkWork application;
(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the WalkWork application;
(h) use the WalkWork application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(i) employ any technology that interferes in any way with the proper operation of the WalkWork application, including by blocking any advertising or promotions displayed thereon; or
(j) collect or harvest any information or data from the WalkWork application for any commercial purpose, save as otherwise agreed in writing by us;
(k) Including but not limited to using VPN proxies, emulators, debug machines, dual-opening, root permissions, hooks, and other actions that interfere with or threaten the lawful rights of other users.
If we discover any breach of this Section 6 by you, we reserve the right to prohibit the redemption of rewards for your related accounts. We may immediately suspend or terminate your access to the WalkWork application and remove and delete any content from WalkWork application violating this Section 6.
7. CHANGES AND UPDATES TO THE WALKWORK APPLICATION
WalkWork reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the WalkWork application and/or website(s), and/or (ii) alter the functionality or contents of the WalkWork application and/or website(s) with or without notice to you.
We may issue updates to the WalkWork application from time to time. Depending upon the nature of the update, you may not be able to continue to use the WalkWork application until you have downloaded the latest version.
8. CHANGES AND UPDATES TO THE TERMS OF USE
We may change or update these Terms of Use from time to time. If we decide to do this we will post such changes or updates on the WalkWork application, so that you are always aware of the terms and conditions for the use of the WalkWork application and website(s). If we make a significant change to these Terms of Use, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use on the WalkWork application from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use, by continuing to use the WalkWork application you agree to be bound by such change or update.
From time to time we may make available additional terms or guidance in relation to the usage of WalkWork App, and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the WalkWork App.
9. CONTACT US
In relation to any matters concerning the WalkWork application, including any feedback, questions, complaints or claims, please contact us via our application Avatar > Settings > Contact Us
You may also reach out to us by sending an email to support@focusonsharing.com
10. THIRD PARTY CONTENT
For your convenience WalkWork may include in the WalkWork application or website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that WalkWork has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.
The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.
11. LIMITATION OF LIABILITY
You acknowledge that the WalkWork application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the WalkWork application meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the WalkWork application and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the WalkWork application or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of StepEnergies by us.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the maximum aggregate limit specified in the following paragraph.
12. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys' fees) reasonably incurred by us that arise out of your use of the App (i.e. the WalkWork application) in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the App and you agree to assist and co-operate with us in relation to any such claim.
13. TERMINATION
18.1 WalkWork may discontinue, suspend or modify the App (i.e. the WalkWork application) at any time without notice and may block, terminate or suspend your access to the App at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the App and remove it from all applicable Devices.
14. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
15. THIRD-PARTY BENEFICIARIES AND APP STORE / PLAY STORE
With respect to downloading the App, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the App may be dependent on the App Store or Play Store from which you receive the App. You acknowledge these Terms are between you and WalkWork and not with the App Store or Play Store. The App Store and Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.
16. LAW AND JURISDICTION
To the extent permitted by applicable law, these Terms are governed and construed by the laws of the state of California, U.S.A. and you consent to the non-exclusive jurisdiction of the California courts. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant country.
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under these Terms.
17.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
17.3 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
17.4 These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.
17.5 Except to the extent specified in sections 14 and 16 hereof, or otherwise permitted by applicable law, a person or entity who is not party to these Terms may not enforce these Terms.
17.6 No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
18. AVAILABILITY
18.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for any reason without liability to you, except where prohibited by applicable law.
18.2 In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.