These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Shakeout Labs Inc. (“Shakeout,” “we,” “us,” or “our”), an Ontario corporation, governing your access to and use of the Shakeout mobile application, website (shakeoutco.com), and all related services (collectively, the “Service”).
By creating an account, clicking “I Agree,” or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. You agree that your electronic acceptance constitutes a legally binding signature under applicable electronic commerce and electronic signature laws, including Ontario's Electronic Commerce Act, 2000, the United States Electronic Signatures in Global and National Commerce Act (E-SIGN Act), and any applicable provincial, state, or national equivalents. If you do not agree to these Terms, do not use the Service.
You must be at least 16 years of age to create an account and use the Service. If you are between 16 and 18 years of age (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and consented to these Terms on your behalf.
By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms in your jurisdiction of residence.
Shakeout is a mobile-first coordination platform for running clubs and endurance sports communities. The Service enables club organizers and members to schedule events, manage RSVPs, communicate through in-app messaging, share routes, and coordinate group activities.
Shakeout is a coordination tool only.
We do not organize, manage, supervise, lead, vet, approve, or endorse any runs, events, routes, or physical activities. We do not employ, contract, or control club organizers, captains, coaches, or any participants. All events and activities coordinated through the Service are created and conducted entirely by independent users at their own discretion and risk. No event listed on the Service is sponsored, sanctioned, or insured by Shakeout. Shakeout is not a co-organizer, joint venturer, or partner of any user or club.
To use the Service, you must create an account by providing accurate and complete information. You may register using your email address or through Google or Apple sign-in authentication.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at legal@shakeoutco.com if you become aware of any unauthorized use of your account.
You agree to use the Service in compliance with all applicable laws and regulations, in accordance with these Terms, and in accordance with our Community Guidelines, available at shakeoutco.com/community-guidelines. The Community Guidelines are incorporated into these Terms by reference. You agree not to:
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.
You retain ownership of all content you submit, post, or share through the Service (“User Content”), including messages, routes, event descriptions, and photographs. By submitting User Content, you grant Shakeout a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your User Content solely for the purpose of operating and improving the Service.
You represent and warrant that your User Content does not violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights, and that it complies with all applicable laws and these Terms.
We may, but are not obligated to, review, monitor, or remove User Content at our sole discretion and for any reason, including content that we believe violates these Terms or is otherwise objectionable. We are under no obligation to provide notice or explanation for any content removal decision.
If you create or administer a club (“Crew”) on the Service, you acknowledge and agree to the following additional terms:
The Service integrates with and relies upon third-party services to deliver certain functionality. These currently include:
Your use of these third-party services is governed by their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services, and we do not endorse or assume liability for them. We may add, modify, or remove third-party integrations at any time. A current list of third-party services and the data they process is maintained in our Privacy Policy.
The Service, including its design, code, features, logos, trademarks, and all related intellectual property, is owned by Shakeout Labs Inc. and is protected by Canadian, United States, and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms.
You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service, unless applicable law expressly permits it.
Core coordination features of the Service (event scheduling, RSVPs, messaging, route sharing, and club management) are provided free of charge.
We may offer premium subscription tiers, training plans, marketplace features, or other paid features (“Premium Features”) in the future. If you choose to purchase Premium Features, you agree to pay all applicable fees. Additional terms governing Premium Features will be presented to you at the time of purchase and will form part of these Terms.
Payments are processed through third-party payment processors (including Apple App Store, Google Play Store, and Stripe). Your use of these payment services is subject to their respective terms and conditions. Shakeout does not store your credit card or banking information.
Refund policies for Premium Features will be governed by the applicable app store policies (Apple App Store or Google Play Store) and any additional terms presented at the time of purchase.
Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at shakeoutco.com/privacy. The Privacy Policy is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy.
You may terminate your account at any time by contacting support@shakeoutco.com or using the account deletion feature within the Service. Upon termination, your right to use the Service will immediately cease.
We may suspend or terminate your account at any time, with or without notice, if we reasonably believe that you have violated these Terms, engaged in conduct that is harmful to other users or the Service, or for any other reason at our sole discretion.
Upon termination, your license to use the Service is revoked. We may delete your account data in accordance with our Privacy Policy and applicable data retention laws. Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) will survive.
Without limiting the foregoing, Shakeout does not warrant that:
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless Shakeout Labs Inc. and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Subject to Sections 16.3 and 16.4, you agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, located in Toronto, for the resolution of any dispute arising from or relating to these Terms or the Service.
If you reside in a jurisdiction that requires disputes to be resolved in your local courts or that provides mandatory consumer protection rights that cannot be waived, those provisions shall apply to the extent required by applicable law. Nothing in these Terms shall limit any rights you may have under the mandatory consumer protection laws of your jurisdiction of residence.
If you are a resident of the United States, you and Shakeout agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved through the informal resolution process described in Section 16.5 shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. Arbitration shall take place in Toronto, Ontario, Canada, or, at your election, by video or telephone conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. You and Shakeout agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. If a court or arbitrator determines that this class action waiver is unenforceable, then this entire arbitration provision shall be null and void with respect to such claim, and the dispute shall proceed in court under Section 16.2.
Opt-Out Right. You may opt out of this arbitration provision by sending written notice to legal@shakeoutco.com within thirty (30) days of first accepting these Terms. Your notice must include your full name, account email address, and a clear statement that you wish to opt out of arbitration.
Before initiating any formal legal proceedings, you agree to first contact us at legal@shakeoutco.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.
The Service is operated from Canada. If you access the Service from outside Canada, you do so at your own initiative and are responsible for compliance with local laws applicable to you. We make no representation that the Service is appropriate or available for use in any particular location.
If you are a resident of the United States, the following additional provisions apply:
If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, additional provisions regarding your personal data rights under the General Data Protection Regulation (GDPR) or the UK GDPR apply as described in our Privacy Policy. Your data may be transferred to Canada, which the European Commission has recognized as providing an adequate level of data protection.
If you access the Service from any other jurisdiction, you are responsible for ensuring that your use of the Service complies with local laws. Where local law provides mandatory consumer protections that cannot be waived by contract, those protections shall apply regardless of these Terms.
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the “Last Updated” date. The current version of these Terms is always available at shakeoutco.com/terms. We may also provide notice via email or in-app notification for significant changes. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
These Terms, together with the Privacy Policy, the Community Guidelines, and any additional terms you agree to when using specific features of the Service, constitute the entire agreement between you and Shakeout regarding the Service.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, internet failures, or third-party service outages.
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Shakeout.
If you have any questions about these Terms, please contact us at:
Shakeout Labs Inc.
Toronto, Ontario, Canada
Email: legal@shakeoutco.com
General Support: support@shakeoutco.com
Website: shakeoutco.com