The OuchySport community is one built from the collective strength and experience of our members- the dedicated athletes. It is a fellowship of resilience that creates a safe, supportive environment for every individual to learn from and be there for each other. We know what it is like to feel broken, lost and hopeless. We have all experienced this loss in varying degrees, but we are champions of overcoming adversity. The hardships and obstacles before us will serve as landmarks on our path ahead. Though we cannot see the destination that lies before us, we will forge ahead, hand in hand. We will rise. We will overcome. We will triumph, together. (Proverb, unknown- Impossible alone, I'm possible together.)
Here are our community guidelines that reinforce our OuchySport core values and foster a positive environment.
Be Understanding and Compassionate.
Many of OuchySport members seek us and find us when they are in a state of devastation and in need of support and compassion. We are here to provide a safe space for our athletes to connect, heal and grow. Let's all maintain a spirit of hope and inspiration- not only is the cup half-full, but we are grateful to have a cup at all. We aren't dismissive of negative emotions, but we try to find the silver lining.
We are all unique so listen to your body and the professionals
Injuries and illnesses affect people differently so your recovery is uniquely yours. Always listen to your body and to your doctor and all the professionals you are working with. OuchySport is a forum and a community to help you through that process and one of the many tools to tailor your recovery.
Help keep offensive content off of our community
To help guide you in fulfilling this standard, offensive content would include, for example, any text, images or data that (i) disparages us, anyone else, any particular culture, or any particular nation, (ii) casts anyone in a false light, (iii) states or illustrates a slanderous, libelous, licentious, violent or blasphemous impression or claim, (iv) proposes action in violation of the law, (v) advocates a position within the realm of partisan politics, (vi) contradicts your own honest opinion and beliefs, (vii) palms off on the goodwill of anyone else, (viii) usurps or diverts our name or other rights or those of anyone else, (ix) promotes an enterprise in competition with us, (x) presents nudity, (xi) states profanity, (xii) promotes violence, suicide, or other self-harm, (xiii) advertises or endorses tobacco, or (xiv) advertises or endorses gambling.
Your Content and your Privacy
OuchySport is built on the premise of community sharing their stories to help each other but also know you always have control over what you share so only share what you are comfortable sharing. Sincerity is our lifeblood so be honest with your fellow community members and only post content that you are the original creator and have the right to post. And so, all content posted by you must (i) clearly and accurately identify you as the author and publisher, and (ii) secure prior, written and legally effective consent to post any content subject to a third party's copyright.
Terms of Service
We at OuchySport want you to know and understand your rights and our rights relating to the provision of the Services below. Please review them carefully. Here are a few highlights:
- ..You own your content, but give us a right to use it.
- ..We expect you to be respectful and we can cancel your account if you act inappropriately.
- ..OuchySport is not liable for your activities or those of anyone else, whether or not a member of the community. No warranties are made by OuchySport, beyond the representations OuchySport itself expressly makes in these Terms and otherwise on our webpage.
- ..We want your feedback, and you allow us to use it.
- ..You agree to arbitrate if there is a dispute between us (unless you reside in the European Union).
- ..There are easy ways to reach us if you have questions or need help
The OuchySport Service includes all of our OuchySport tools, applications, technologies, features, software, algorithm, and products and services that we develop and provide to deliver our vision and mission – A world where being injured or ill while enjoying the sports you love is not the end… draw strengths from connecting with athletes like you to heal, to recover and along the way re-kindle your joy for sport.
Enabling that Service encompasses building a platform around athletes, their injuries, and their recoveries centered on the power of the community across both sport and medicine. That involves the structure, analysis, and use of data to improve and personalize the service while also developing new features, offers, content and connections that matter to help the athletes with the recovery process and beyond.
Access and Use of Services
You agree to comply with these Terms and any supplemental terms OuchySport makes available to you on the Services which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement is written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The Services cannot be provided and the agreement described in these Terms of Service cannot be performed without OuchySport processing data about you, and other OuchySport athletes, including your location data. Processing of the data you share with OuchySport, including location data, is essential to the Services that we provide and a necessary part of our performance of the agreement we have with you.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and OuchySport are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against OuchySport on an individual basis, unless you opt-out in accordance with the instructions below.
Registration and Accounts
The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. You agree to (a) provide true, accurate, current and complete information about yourself (“Athlete Data”) and (b) maintain and promptly update the Athlete Data. You agree that OuchySport may use your Athlete Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Athlete Data that is inaccurate or not current, or OuchySport has reasonable grounds to suspect that such Athlete Data is inaccurate or not current, OuchySport has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify OuchySport of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Athlete Data and any other information or content you provide to OuchySport.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize OuchySport to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. diagnosis of an injury). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This otherwise-irrevocable (and evergreen) license ends only if and when you delete the corresponding Content or you cancel your account.
You understand that you, and not OuchySport, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. OuchySport does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. OuchySport may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OuchySport be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the OuchySport service without compensation to you.
Interactions with Athletes
The Services function as a venue to connect athletes in a virtual information place re their injuries, recoveries, etc. As a neutral facilitator, OuchySport is not directly involved in the actual interactions between athletes using the Services. As a result, OuchySport has no control over the truth, accuracy, quality, legality, or safety of postings made by athletes using the Services. OuchySport shall have no responsibility to confirm the identity of athletes. OuchySport shall also have no responsibility to confirm or verify the qualifications, background, abilities, injuries, or recoveries of athletes using the Services. You shall at all times exercise common sense and good judgment when dealing with any athlete using the Services.
Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with OuchySport. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. OUCHYSPORT IS NEITHER AN ENDORSER OF SUCH GOODS OR SERVICES, NOR A PARTNER OF THE PERSON OFFERING SUCH GOODS OR SERVICES. YOU AGREE THAT OUCHYSPORT IS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
OuchySport or third parties may provide links to other internet sites or resources through the Services. OuchySport does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that OuchySport is not responsible for the availability of such external sites or resources.
Instead of paying to use OuchySport, by using the Service covered by these Terms, you acknowledge that we may in time show you ads that third parties including businesses and organizations pay us to promote. We may in time use your personal data to show you ads that are relevant to you. We will never sell your personal data. Instead we may work with advertisers to understand their business goal and the desired audience they want to see their ads and then show their ad to athletes who might be interested.
We also may provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on OuchySport. We don't share PII data Personally Identifiable Information unless you give us specific permission.
Additionally we may use consolidated user data for research and development related to improving the injury recovery process; this information will remain anonymous.
The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other athletes and/or OuchySport. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which OuchySport provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by OuchySport (unless expressly stated otherwise by OuchySport) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by OuchySport in any manner, though OuchySport reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by OuchySport or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
OuchySport grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by OuchySport.
The term OUCHYSPORT, the OuchySport logo and other OuchySport logos and product and service names are the exclusive trademarks of, and are owned by, Ouchy LLC, and you may not use or display such trademarks in any manner without OuchySport's prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.
OuchySport reserves all rights not expressly granted hereunder.
Collection and Sale of Data
- Do we sell your personal information? No
- Do we share or sell aggregate information? Yes
- Do we share your data with third party API partners? Yes, with your consent
- Do we use sensitive categories of data, like health information? Yes, with your consent
- Do we use your contact list if you allow us access? Yes
- Do we delete your data when you request account deletion? Yes
- Do we retain your data for as long as we need it unless you request deletion? Yes
Privacy Tools and Controls
- Can you control who sees your activity and content? Yes
- Can you control who sees your location-based activity? Yes
- Are your activity and profile privacy controls set to “Everyone” by default? Yes
- Can you download and delete your data? Yes
- Do all members worldwide have the same suite of tools and controls? Yes
- Do we track your device location to provide OuchySport to you? Yes
- Do we track your device location while you are not using the app? No
- Do we track your browsing activities on other sites? No
- Do we listen to you using your device microphone? No
- Do we send you marketing communications with opt out? Yes
- Do we send you push notifications with opt out? Yes
OuchySport is headquartered in Bloomfield, Michigan and our Services are provided to you by Ouchy LLC. If you are a resident of the European Economic Area (“EEA”), Ouchy LLC is the controller of your personal data for the purposes of EEA data protection law.
Information OuchySport Collects Information about You
OuchySport collects information about you, including information that directly or indirectly identifies you, if you or your other members choose to share it with OuchySport. We receive information in a few different ways, including when you complete or upload activities using the Services. OuchySport also collects information about how you use the Services. There are also several opportunities for you to share information about yourself, your friends, and your activities with OuchySport. For example:
Account, Profile, Activity, and Use Information
We collect basic account information such as your name, email address, date of birth, gender, weight, username and password that helps secure and provide you with access to our Services.
Profile, activity and use information is collected about you when you choose to upload a picture, activity (including date, time and geo-location information as well as your speed and pace and perceived exertion) or post, join a challenge, add your equipment usage, view others' activities, or otherwise use the Services.
We use your contact information so we can respond to your support requests and comments.
Content You Share
We gather information from the photos, posts, comments, kudos, ratings, reviews, and other content you share on the Services, including when you participate in partner events or create segments or routes.
You can choose to add your contacts' information by connecting your contacts from your mobile device or social networking accounts to OuchySport. If you choose to share your contacts with OuchySport, OuchySport will, in accordance with your instructions, access and store your contacts' information in order to identify connections and help you connect with them. Learn more about how we collect information about your contacts, how we use that information, and the controls available to you.
OuchySport may collect or infer health information. Certain health information may be inferred from sources such as heart rate or other measurements, including power, cadence, and weight or other indicators. Before you can upload health information to OuchySport, you must give your explicit consent to the processing of that health information by OuchySport. You can withdraw your consent to OuchySport processing your health information at any time (for Phase II of Injury Prevention based on measurement of key indicators).
OuchySport allows you to sign up and log in to the Services using accounts you create with third-party products and services, such as Facebook, Google, or Apple (collectively, “Third-Party Accounts”). If you access the Services with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences. This information is collected by the Third-Party Account provider and is provided to OuchySport under their privacy policies. You can generally control the information that we receive from these sources using the privacy controls in your Third-Party Account.
Technical Information and Log Files
The Services use log files. The information stored in those files includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, track member movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses may be linked to session IDs, athlete IDs and device identifiers.
We may collect information from you through third parties, such as when we collect your feedback through surveys. We may also collect information about you from other members such as when they give you kudos or comment on your activities.
How OuchySport Uses Information
OuchySport uses the information we collect and receive as described below:
To provide services
We use the information we collect and receive to provide the Services, including the ability to record your injury, activity and analyze performance, recovery for example. Interact with other athletes. For example to find other athletes with injuries and sports activities like you and to visualize your activities.
To customize your experience
We use the information we collect about you, your followers, and your activities to customize your experience. For example to recommend other athletes you might want to follow or feature we might want you to try.
To protect you and the Services
We use the information we collect to protect members, enforce our Terms of Service and Community Standards, and promote safety. For example, we find and remove content that violates our terms, such as hate speech or spam, as well as suspend or terminate accounts that share such content.
To improve our Service
We also use the information we collect to analyze, develop and improve the Services. To do this, OuchySport may use third party analytics providers to gain insights into how our services are used and help us improve the Services.
To communicate with you
We use the information we collect to provide support in response to your requests and comments.
We may also use the information we collect to market and promote the Services, activities and events on OuchySport, and other commercial products or services. This includes marketing and push communications, where you have not opted out of receiving such messages and notifications.
We do not sell your personal information. OuchySport may aggregate the information you and others make available in connection with the Services and post it publicly or share it with third parties. Examples of the type of information we may aggregate include information about injuries and demographics. OuchySport may use, sell, license, and share this aggregated information with third parties for research, business or other purposes such as to improve recovery from specific injuries or help our partners understand the journeys of injured athletes.
How Information is Shared
In addition to sharing aggregated data about our members as described above, we also share personal information in accordance with your preferences, as needed to run our business and provide the Services, and where required for legal purposes, as set forth below.
We may share your information with third parties who provide services to OuchySport such as supporting, improving, promoting and securing the Services. These service providers only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf, so that we or they may promote OuchySport or display information that may be relevant to your interests on the Services or other websites or services.
Publicly Available Information
When you join the OuchySport community, your profile and your activities are set to be viewable by everyone by default. Your name and other profile information is viewable by other OuchySport members and the public and, subject to your privacy controls, additional information and content you share may also be viewable. For example, your photos and posts may be accessed by other OuchySport members and non-members or viewable on publicly accessible OuchySport pages or in search engine results. We provide a variety of tools to control the sharing of your information and encourage our members to adjust their controls to align with their desired experience.
Sharing Information and Activities
As a social network, we share your information with other OuchySport members and the public in accordance with your privacy controls. You can also share your activities with your contacts via text, email, or on social media applications like Facebook, Instagram, and Twitter. If you link your OuchySport account to other social networks and share your activities, they will be viewable on such third-party platforms, including your location information. You should use caution when sharing information via third parties and you should carefully review the privacy practices of such third parties.
Third Party Business via API or Other Integrations
We enable you to share your information and content with third party apps, plugins, or websites that integrate with the Services, as well as with third parties who work with OuchySport to offer an integrated feature. You can choose to share your profile data and activity data (including private activities). Information collected by these third parties is subject to their terms and policies. OuchySport is not responsible for the terms or policies of third parties.
Affiliates and Acquirors of our Business or Assets
We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is allowed by the law or reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that this is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service or fraud or abuse of OuchySport or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.
We may share your information with third parties when we forward Digital Millennium Copyright Act (DMCA) notifications, which will be forwarded as submitted to us without any deletions.
How We Protect Information
We take several measures to safeguard the collection, transmission and storage of the data we collect. We employ reasonable protections for your information that are appropriate to its sensitivity. The Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information and credit card numbers. OuchySport engages providers that are industry leaders in online security, including Services verification, to strengthen the security of our Services. The Services are registered with site identification authorities so that your browser can confirm OuchySport's identity before any personal information is sent. In addition, OuchySport's secure servers protect this information using advanced firewall technology.
Managing Your Settings
OuchySport offers several features and settings to help you manage your privacy and share your activities for example adjusting notification and email preferences.
Adjust Notification and Email Preferences
Updating Account Information
You may correct, amend or update profile or account information at any time by adjusting that information in your account settings.
Deleting Information and Accounts
After you make a deletion request, we permanently and irreversibly delete your personal data from our systems, including backups. Once deleted, your data, including your account, activities and place on leaderboards cannot be reinstated. Following your deletion of your account, it may take up to 90 days to delete your personal information and system logs from our systems. Additionally, we may retain information where deletion requests are made to comply with the law and take other actions permitted by law.
Note that content you have shared with others, such as photos, or that others have copied may also remain visible after you have deleted your account or deleted specific information from your own profile. Your public profile may be displayed in search engine results until the search engine refreshes its cache.
OuchySport also provides you the option to remove individual activities you have posted without deleting your account. Once removed, the activities may remain on OuchySport's systems until you delete your account.
Your Rights and Our Legal Bases
We provide the same suite of privacy tools and controls to all of our members worldwide. Particular rights may be available to you if you reside in certain locations, such as the EEA, Brazil or California. Learn more about your rights and how to exercise them.
Your Legal Rights in the EEA
If you are habitually located in the EEA, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. OuchySport's lead supervisory authority in the EEA is the Data Protection Commission of Ireland. Learn more.
Our Legal Bases
as necessary to provide the Services and fulfill our obligations pursuant to the Terms of Service. For example, we cannot provide the Services unless we collect and use your location information;
where you have consented to the processing;
where necessary to comply with a legal obligation, a court order, or to exercise and defend legal claims;
to protect your vital interests, or those of others, such as in the case of emergencies; and
where necessary for the purposes of OuchySport's or a third party's legitimate interests, such as our interests in protecting our members, our partners' interests in collaborating with our members, and our commercial interests in ensuring the sustainability of the Services.
The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the United States, as it is necessary to provide the Services and perform the Terms of Service. United States privacy laws may not be as protective as those in your jurisdiction.
Retention of Information
We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until your account is deleted. In addition, you can delete some items of information (e.g., profile information) and you can remove individual activities from view on the Services without deleting your account.
Information connected to you that is no longer necessary and relevant to provide our Services may be de-identified or aggregated with other non-personal data to provide insights which are commercially valuable to OuchySport such as statistics of the use of the Services. For example, we may retain publicly available segments or routes and other depersonalized geolocation information to continue to improve the Services and we use aggregated information in OuchySport Metro and our Global Heatmap. This information will be de-associated with your name and other identifiers.
© OuchySport 2022