Our Platform, including the Big Team Challenge service, is operated by Team Challenge Apps Ltd (also referred to as “we”, “us” or “our”), a company registered in Scotland with company number SC517746 and registered office at Team Challenge Apps Ltd, Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, Scotland, G2 1BP.

We provide our client organisations (being limited companies, registered charities, public or local authorities or otherwise) (our “Clients”) with the ability to set up and purchase step and/or exercise challenge initiatives (“Challenges”) for our Clients’ users to participate in. We have separate terms of service with our Clients.

To contact us, please email [email protected].

To access the services on our Platform (including the ability to participate in Challenges), you will need to register an account with us. You must be at least 18 years of age to be eligible for registration.

At our discretion, we may refuse your application for registration. If your application for registration is accepted, provided you have completed all mandatory information required, you will be given access to the Platform shortly after registering.

Each account is for a single user only. You must not share your username and password with any other person or with other users on a network.

You accept sole responsibility for all use of, and for keeping safe and confidential, any password that may have been given to you or chosen by you for use on the Platform. You will notify us immediately of any unauthorised use of them or any other breach of security of the Platform of which you become aware.

You undertake that all information provided by you for the purposes of registering with us is accurate and complete. If any of your information changes, it is your responsibility to ensure that your account and profile is kept up to date.

We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these T&Cs or there is a threat of harm, illegality or security to or against us, our Platform, or other persons.

You can terminate your account at any time by logging into your account and going into your settings.

We may from time to time change the content or functionality of the Platform, or suspend or discontinue all or any aspect of the Platform, which may include losing your access to it or your ability to continue using it. If we do so, we will not be liable to you for any impact that any change, suspension or discontinuation may have on you.

As well as what is set out in these T&Cs, your use of our Platform, and conduct we expect from all users of our Platform is, governed by our Acceptable Use Policy, annexed to these T&Cs and which we may update from time to time. Please ensure you read the Acceptable Use Policy as it forms part of these T&Cs.

You agree that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use the Platform and that your computer system is compatible with the Platform.

We will use your personal information as set out in our Privacy Policy: https://msi.bigteamchallenge.com/privacy.

What is User Content?

We define “User Content” as any content you, as a user of our Platform, post or upload onto our Platform (such as your profile picture, step count data, images, logos and messages). This includes any content you upload onto the Chat (see below).

You own your User Content

You (or your licensor(s) where applicable) own any and all intellectual property rights (including copyright and related rights, trade marks, service marks and database rights) in your User Content.

You are responsible for your User Content

You acknowledge that you take full responsibility for User Content that you post or upload onto the Platform, including its accuracy, completeness, correctness and legality. You promise, and represent, to us that:

• you have all necessary rights to your User Content and all necessary permissions to upload, post and/or share your User Content on our Platform;
• your User Content is at all times appropriate and complies with the Acceptable Use Policy; and
• your User Content does not contain any material which does, or could potentially, infringe the intellectual property rights of a third party.

You agree that we are not responsible for, and do not endorse, any User Content. The views expressed by other users do not necessarily represent our views or values.

You are solely responsible for your interactions with other users whether or not using the Platform. Always use your best judgment and take appropriate safety precautions when communicating with other users through the Platform and meeting other users in person through the Platform, such as protecting your personal information.

You will be responsible for any loss or damage we suffer as a result of any breach of the promises and representations made above.

Your licence to us to use your User Content

By posting or uploading User Content onto the Platform, you grant us a licence to use it so we can enable you to use the Platform.

Action we might take against infringing content

Please first escalate the issue to your appropriate contact at the relevant Client (your challenge organiser) if you suspect any User Content uploaded by another user is in breach of these T&Cs or the Acceptable Use Policy, or you believe your rights in respect of any User Content are being, or have been, infringed. You may also contact us (our contact details are in section 1 above) and/or use the ‘Report’ button as is made available on the Platform for this purpose.

We will determine in our discretion whether any User Content has breached these T&Cs (and/or violated the Acceptable Use Policy). Where we believe such a breach has occurred, we may take such action we deem appropriate. Such action may include immediately, temporarily and/or permanently:

• blocking or removing any User Content uploaded by a user; and
• withdrawing a user’s right to use our Platform.

For example, we can take down a user’s profile picture if we believe it infringes another person’s rights. Where appropriate, we may decide to take further legal action and/or disclose all relevant information to law enforcement or authorities as we reasonably feel necessary.

In addition to all of our rights set out above, we reserve the right to take down any User Content that you upload to our Platform at any time without notice and without having to give a reason.

Monitoring

Whilst it is the responsibility of the Client to actively monitor user activity on the Platform and User Content, we reserve the right, without necessary obligation, to monitor, moderate, edit, disable access to or remove use of the Platform or User Content (whether moderated or not) which we deem to be in breach of these T&Cs, including our Acceptable Use Policy at Annex 2.

User chat function

The Platform offers a group chat function (“Chat”) which the Client may choose to enable for its users. Subject to any pre-enabled settings, any messages posted by you will be visible to other members of the Chat who have signed up to the same Challenge as you and/or the relevant Client. You and the relevant Client are responsible for all User Content that you post on the Chat, and we do not actively monitor any User Content posted on the Chat.

You agree that any User Content you post on the Chat are at all times appropriate and comply with these T&Cs, including our Acceptable Use Policy.

All User Content posted on the Chat will be:

• deleted from the Platform 30 days after being posted, unless deleted earlier, under moderation or if required under applicable laws. This is to minimise the amount of time messages are present on the Platform;
• stored on our secure servers and subject to appropriate encryption measures; and
• subject to the escalation procedure referred to in the 'Action we might take against infringing content section' above.

We own the rights to our Platform

The copyright and all other intellectual property rights in the Platform (including the Big Team Challenge - and company - name and logo, site domain name, underlying code, and the look and feel of the Platform itself) belong, and shall continue to belong, to us or our licensor(s).

Our licence to you

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform in accordance with these T&Cs (including the Acceptable Use Policy). You must not use or commercialise any of our intellectual property without our express written permission.

8. Our and the Client’s Obligations

It is our Clients’ responsibility to ensure their respective users (that is, you) are informed about Challenges and are given sufficient notice to register, and proper opportunity to participate, before the Challenge begins.

We offer technical support for users via email only and during regular business hours based on UK time. Any non-technical support (including queries from users in relation to their Challenge) are the responsibility of our Clients.

PLEASE ENSURE YOU READ THIS SECTION CAREFULLY

Liability we do not exclude

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, and for fraud or fraudulent misrepresentation.

Our Platform is for general information purposes only

Any and all information provided on the Platform, including any content produced by the Platform (such as number of steps) and User Content, is for general information purposes only. You are responsible for what you do with any data or conclusions drawn from the information on the Platform or any actions taken by you or anyone else on the basis of any such information. Nothing made available in connection with the Platform is, or shall be deemed to constitute, medical, fitness, wellness or any similar types of advice.

You are responsible for your own fitness

You are solely responsible for determining whether you are fit (medically or otherwise) to participate in any Challenge. We recommend that you seek independent professional medical advice if ever in doubt.

We are not liable for any damage, including physical injury (unless caused by our negligence), as a result of your participation in a Challenge.

User Content

We are not liable for any loss or damage suffered by you due to any User Content (including, but not limited to, messages exchanged on the Chat) uploaded onto the Platform.

We make no warranties on the content made available

All information on the Platform is provided on an “as is” basis. We make no representations, warranties or guarantees as to the legality, accuracy, reliability, completeness, quality, authenticity, decency, usefulness or timeliness of any information available via the Platform.

Security or interruption

Whilst we endeavour to ensure that any material or content on the Platform is not contaminated in any way, we do not warrant or guarantee that such material or content will be free from infection, viruses and/or similar code or other technologically harmful material.

Due to the nature of software provided online and the Internet, we do not guarantee that any part of the Platform or our service will be uninterrupted or error-free and we accept no liability for any failure, delay, interruption or breakdown in network connections and/or point-to-point connectivity across the Internet and other networks which may affect their provision and is outside our immediate control.

Third parties

Our services will from time to time enable or assist you to connect to services from third parties (for example, Google Maps or Fitbit). Such connection is carried out solely at your own risk. We make no representation, warranty or commitment, and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party provider, or any transactions completed, and any contract or terms of use entered into by you, with any such third-party provider. Any contract entered into, and any transaction completed via any third-party provider, which may be required in order for you to receive our services, is between you and the relevant third-party, and not us. We recommend that you refer to the third-party's terms and conditions (including any terms around acceptable use) and privacy policy prior to using their services. For further information about what personal data we may collect via such third-party providers, please visit our Privacy Policy.

Exclusion of business losses

You agree not to use our Platform for any commercial or re-sale purposes, and we have no liability to you for any loss of profit or revenue, loss of business, business interruption, or business opportunity or damage to goodwill or reputation.

Exclusion of implied warranties

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform or any content on it, whether express or implied.

We reserve the right, at our sole discretion, to bar any person from using our Platform - particularly if we feel that there has been a breach of these T&Cs (including the Acceptable Use Policy) or there is a threat of, or actual, harm or there is a security risk - and/or restrict or disable their access or use of any or all elements of our services, whether on a permanent or temporary basis.

We appreciate and welcome any suggestions or feedback that you make about how we may improve the Platform and our service. Please feel free to contact us (using the contact details in section 1 above) if you have any comments, suggestions, ideas or improvements. Please note, however, that any such feedback will be deemed non-confidential, and you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use that feedback (including making public) for any purpose, without restriction or any obligation to pay you for it.

If you are in a dispute with another user on the Platform, your employer, a Client or a third party via the Platform, we recommend that you contact that other party and try to resolve the dispute with them. If that is not possible, please email us using the contact details in section 1 above.

If you are not happy with us, we strongly encourage you to contact us directly so that we can try to resolve your issue. Depending on the issue, we may suggest that you and we follow an alternative dispute resolution procedure, such as mediation.

Governing law

These T&Cs, the relationship between you and us (whether contractual or otherwise) and any claim, dispute or matter arising under or in connection with these T&Cs, shall be governed by Scots law.

If you are a consumer

If you are a consumer based in the UK, any dispute, controversy, proceedings or claim between you and us relating to these T&Cs or to the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. If you are a consumer outside the UK, you and we agree to submit to the non-exclusive jurisdiction of the courts of Scotland.

If you are a business (or if you are not a consumer)

If you are a not a consumer (e.g. you are an employee or representative of one of our Clients), any dispute, controversy, proceedings or claim between you and us relating to these T&Cs or to the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.

We may change these T&Cs (including the Acceptable Use Policy and any other codes, policies or statements referred to in these T&Cs) from time to time by updating them on the Platform. Please ensure you check these T&Cs from time to time to ensure you understand the terms that apply at that time. If we believe any changes to our T&Cs are significant, we will aim to tell you in the most appropriate way, whether by an announcement via the Platform, by emailing you or otherwise. Your continued use of the Platform following the changes to the T&Cs constitutes your acceptance of the updated T&Cs.

These T&Cs (including the Acceptable Use Policy and any other codes, policies or statements referred to in these T&Cs) form the entire agreement between you and us, and supersede any other agreement, in relation to your use of the Platform.

We may transfer our rights and obligations under these T&Cs to another organisation.

You may only transfer your rights or your obligations under these T&Cs to another person if we agree to this in writing, though we may, and reserve our right to, refuse.

No person shall have any rights to enforce any of these T&Cs other than you, the user, and us.

Each of the paragraphs of these T&Cs operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaching these T&Cs, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date.

1. The Client (i.e. your Challenge organiser) will protect users under its control and responsibility from illegal content in the following ways:

   • (a) actively monitoring the Platform to ensure compliance with these T&Cs by its users;
   • (b) choosing whether or nor (on an opt-out basis) the use of the Chat is appropriate for each Challenge;
   • (c) having full visibility of and monitoring all content messaged or uploaded onto relevant Chat(s) by each of its users;
   • (d) using all commercially reasonable endeavours to prevent any unauthorised use of the Platform and, in the event of any such unauthorised use, notifying us as soon as possible; and
   • (e) not accessing, storing, distributing, transmitting, introducing or permitting the introduction of any viruses, or any material during the course of their and your use of the Platform that:
     • (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
     • (ii) facilitates illegal activity;
     • (iii) depicts sexually explicit images;
     • (iv) promotes unlawful violence;
     • (v) is discriminatory based on race, gender, colour, religious belief, sexual orientation or disability; or
     • (vi) is otherwise illegal or causes damage or injury to any person, software, network, information or property.

2. More generally, we protect users of the Platform from illegal content, as follows:

   • (a) all users are required to agree to these T&Cs, which include restrictions around User Content and incorporate our Acceptable Use Policy (see Annex 2). We reserve the right, among others, to remove User Content and ban users from our Platform;
   • (b) users are able to report certain content and behaviours to us (see paragraph 5 below);
   • (c) implementing general opt-in functionality (e.g. on an accept-only and invite-only basis) so that the user or group admin has control over the content with which they interact; and
   • (d) appointing individual(s) within Big Team Challenge who are responsible for compliance with our illegal content safety duties where applicable (including handling complaints in relation to the same).

3. We minimise the length of time for which any illegal or harmful content is present on the Platform by:

   • (a) (i) closing Chats, and (ii) ensuring messages are then no longer viewable by users, seven days after the relevant Challenge ends
   • (b) auto-hiding reported content prior to making a decision in relation to it in accordance with these T&Cs; and
   • (c) auto-deleting User Content posted on the Chat 30 days after being uploaded.

4. The above apply to content relating to:

   • (a) terrorism;
   • (b) child sexual exploitation and/or abuse; and
   • (c) encouraging or assisting suicide, threats to kill, public order offences, hate, harassment, abuse, stalking, fear or provocation of violence, controlling or coercive behaviour, drugs and psychoactive substances, firearms, knives and other weapons, assisting illegal immigration, human trafficking, sexual exploitation, sexual images, pornography, proceeds of crime, fraud, financial offences, foreign interference, animal cruelty and offences relating to being involved in committing any of these offences (known as inchoate offences). We will swiftly take down such content via our takedown process when we find out about such content (including where it is reported to us in accordance with the below).

5. You can report or complain to us or the Client (your Challenge organiser) about the following content and behaviours:

   • (a) content you consider to be illegal;
   • (b) when you think we are not dealing with illegal content or activity as we should;
   • (c) where you think our content reporting systems and processes do not easily let users report content that they believe to be illegal;
   • (d) when you think we have insufficiently considered the importance of protecting users' rights to freedom of expression or privacy;
   • (e) where User Content has been taken down on the basis that it is illegal;
   • (f) where we have given you a warning, suspended, banned or restricted you in any way as a result of User Content which we consider to be illegal content; and
   • (g) technology we use results in User Content being taken down, access-restricted or deprioritised and you think the technology has been used in a way not set out in these T&Cs.

6. Please refer to section 6 of these T&Cs under ‘Action we might take against infringing content’ for more information on how to make a complaint or report content, and our process for dealing with such complaints.

1. You agree that you will:

   • (a) ensure that any information you post complies with all applicable laws, including privacy laws, pornography and obscene publications laws, intellectual property laws, anti-spam laws, and regulatory requirements;
   • (b) always provide accurate information to us and keep it updated;
   • (c) use a legitimate email account to sign up; and
   • (d) not use terms in your profile or messages that are offensive, obscene, pornographic, indecent, malicious, threatening, abusive, depicting harm to humans or animals, defamatory or otherwise unlawful.

2. You agree that you will not:

   • (a) act dishonestly, deceptively, fraudulently or unprofessionally, including posting inappropriate, false, inaccurate, or objectionable content;
   • (b) add information that is not intended for, or inaccurate for, a designated field;
   • (c) misrepresent your affiliations with a person or entity, past or present;
   • (d) misrepresent your identity, including but not limited to the use of a pseudonym on your third-party account;
   • (e) create an Account for anyone other than yourself (a real person), including but not limited to (i) via use the of a bot, scripts, AI or otherwise, and (ii) on behalf of a proscribed organisation;
   • (f) use or attempt to use another user's Account;
   • (g) attempt to restrict another user from using or enjoying the Services;
   • (h) harass, abuse, or harm another person;
   • (i) send spam or other unwelcome communications to others;
   • (j) engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent;
   • (k) hack, scrape or copy profiles and information of others or any other content through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
   • (l) interfere with, or disrupt, the Services or any servers or networks connected to the Services, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature;
   • (m) inject content or code or otherwise alter or interfere with the way any page of the Services is rendered or displayed in a user's browser or device;
   • (n) make unauthorised copies, distribute, modify, adapt, translate, attempt to decipher, decompile, disassemble, create any derivative works, or reverse engineer any of the software, any source code, algorithms, methods or techniques used to provide the Services, or any content included on them, including any files, tables or documentation (or any portion of them);
   • (o) act in an unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable manner;
   • (p) share or disclose information that you do not have the right to share or disclose (such as confidential information or photos of or belonging to others);
   • (q) use any Content in any manner that may infringe any of our rights or the rights of a third party;
   • (r) obscure or attempt to remove any copyright notice or “powered by” credit displayed on our Services;
   • (s) use the Content in any way that might violate any applicable law or regulation or breach the Terms or any lawful duty you are owed to another person, including contractual duties, duties of care and confidentiality obligations;
   • (t) collect or store other users' personal data; or
   • (u) encourage or enable any other individual to breach any of this Acceptable Use Policy.

3. Where posting User Content, you agree that:

   • (a) it does not promote discrimination, racism, bestiality, bigotry, hatred, or physical harm of any kind against any group or individual, or animal;
   • (b) it is your own original content and does not (and our publication and use of it will not) infringe or interfere with the rights of any third party;
   • (c) you will not post, link to or otherwise publish any content that is offensive, obscene, sexually explicit, pornographic, indecent, malicious, threatening, abusive, depicting harm to humans and animals, defamatory or otherwise unlawful;
   • (d) you will not be defamatory of any person;
   • (e) you will not promote illegal activities nor provide instructional information about illegal activities, including violating someone else's privacy, promoting proscribed organisations, or providing or creating computer viruses;
   • (f) you will not post, link to or otherwise publish any content that exploits people in a sexual, violent or otherwise unlawful manner;
   • (g) you will not post, link to or otherwise publish any content containing any form of advertising or promotion for goods and services or any form of unsolicited communication;
   • (h) you will not share any financial information, for example, details of bank accounts, PayPal or payment card information;
   • (i) you will not impersonate any person or organisation or represent yourself as any other guest, host or other third party;
   • (j) you will not post, link to or otherwise publish content that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of our Services or any computer software or equipment;
   • (k) you will not post, link to or otherwise publish any content about illegal activities such as making or buying drugs or illegal weapons;
   • (l) you will not post, link to or otherwise publish any content which contains videos, stills, photographs, audio photographs, or images of another person without their permission; and
   • (m) you will not interfere or violate a third party's private life, nor interfere with their private communications.

4. Illegal content. In addition, you must not use the Services in any way that involves: terrorism, child sexual exploitation or abuse (including grooming and child sexual abuse material), hate offences, harassment, stalking, making threats or abuse, controlling or coercive behaviour, intimate image abuse, extreme pornography, sexual exploitation of adults, human trafficking, unlawful immigration, fraud and financial offences, proceeds of crime offences, drugs or psychoactive substance offences, firearms, knives and other weapons offences, encouraging or assisting suicide, foreign interference offences, and/or animal cruelty.

5. Offences. You must not upload, post, create on our Services, share or cause any uploading, posting, creation or sharing, of any of the following:

   • (a) a grossly offensive, indecent, obscene or menacing message intending to cause offence, menace, distress or anxiety;
   • (b) a false message knowing it to be false, intending to cause non-trivial psychological or physical harm to a likely audience, and with no reasonable excuse;
   • (c) a message threatening death or serious harm while intending or being reckless as to whether the object of the threat would fear that the threat would be carried out;
   • (d) flashing images when it is reasonably foreseeable that an individual with epilepsy will see it and the sender intended that the individual would suffer harm, and the sender has no reasonable excuse for sending the images;
   • (e) a communication that intends to encourage self-harm;
   • (f) an unsolicited sexual image, including a manufactured intimate image or "deepfake" intending the recipient to be caused alarm, distress or humiliation, or for the purpose of sexual gratification and being reckless as to whether the recipient will be caused alarm, distress or humiliation; and/or
   • (g) a sexually explicit deepfake.

6. In the event of a breach of any of this Acceptable Use Policy or any other part of these Terms:

   • (a) you will be liable to us for any losses arising from the breach; and
   • (b) We may impose one or more of the following sanctions on the user: a warning; suspension of access to the Services; immediate and permanent exclusion from the Services; permanent deletion of your User Content and Account.

7. Subject to applicable law, we are not obligated to monitor access to or use of the Services or to review or edit any Content or User Content. However, we reserve the right in any case, without obligation, to monitor, moderate, edit, disable access to or remove User Content (whether moderated or not) which we deem to be in breach of these Terms, including our Acceptable Use Policy. We may also consult and cooperate with law enforcement authorities to help them prosecute users who break the law.

8. We will only review User Content:

   • (i) if it is relevant to an issue that we are investigating either as a result of:
     • (a) a query from you or another user;
     • (b) an appeal to an Account suspension; or
     • (c) a technical problem with the Services,
   • and (ii) to generally monitor your usage of the Services from time to time. You agree that we may access and use User Content for this purpose.