PHX Terms & Conditions

Terms & Conditions

Terms of Service

The PHX websites, related mobile applications and services (collectively, the “Services”) are made available to you by PHX, Inc. with its address at 1401 E Bristol St, Office #2 - V13, Philadelphia, PA 19124, subject to these Terms of Service (the “Terms”) and in accordance with the PHX Privacy Policy (the “Privacy Policy”). More information about the Services may be found at https://www.phx.fit.

You agree to comply with these Terms and any supplemental terms which PHX makes available to you on the Services which shall form part of the Terms. PHX reserves the right to review accounts and user actions on the Services to ensure compliance with our Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was 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 PHX Services cannot be provided and the agreement described in these Terms of Service cannot be performed without PHX processing data about you, and other PHX users, including your location data. Processing of the data you share with PHX, including location data, is essential to the Services 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 PHX 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 PHX 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. In doing so, you agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that PHX may use your Athlete Data to provide Services that you access or use and as otherwise set forth in these Terms and our Privacy Policy. You also agree to create only one account for your own personal use and not share your account or PHX subscription with others. If you provide any User Data that is inaccurate or not current or that you have created multiple accounts, PHX has reasonable grounds to suspect that such Athlete Data is inaccurate or not current, PHX 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 unauthorized third parties from illegally accessing the Services or its contents. You agree to immediately notify PHX 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 User Data and any other information or content you provide to PHX. The use of unique and complex passwords is highly recommended for security reasons.

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 PHX 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.

By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of such Services.

Payments and Fees

Payments

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by PHX) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting https://phx.fit/account. If you paid through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by PHX, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via https://support.phx.fit.

Fees

In order to access certain functionality of the Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. Athletes changing from monthly to annual subscriptions will have the annual rates take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other charges you incur in connection with your PHX account, whether on a one-time or subscription basis. PHX reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Auto-Renewal

Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.

Cooling Off

If you reside outside the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days (the “Cooling-off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-off Period.

Cancellation

Cancellation of Subscription

If you signed up on PHX.com, you may cancel your subscription by visiting your “My Account” page and selecting “Cancel Subscription.” If you signed up through the Google Play or iTunes store, you may cancel your subscription by downgrading through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.

Free Trials

Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may cancel your subscription at any time by going to your account settings.

Content and Conduct

Ownership of and Use of Content

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. a video submitted via Zwift). Public segments and routes created by using the Services are not considered Content. 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 license ends when you delete your Content or your account.

You understand that you, and not PHX, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Services. PHX 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. PHX 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 PHX 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 agree that PHX is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and PHX, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with PHX is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place PHX in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of PHX other than as set forth in our Privacy Policy and your privacy controls, and PHX will not be liable for any use or disclosure of any Content you provide.

The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. PHX will maintain the privacy of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of athletes, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.

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 PHX service without compensation to you. For example, we may show your PHX followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on PHX. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.

As noted in our Privacy Policy, we may suggest challenges or communities on PHX that may interest you, users that you may want to follow, or new features that you may want to try. We also use algorithmic ranking to determine what type of content (such as activity, post, route recommendation) to show in your feed. The main parameters for these recommendations can include your sport type, user engagement with the content type (e.g., impressions, clicks), activity features (e.g., activity uploads, average run distance), app usage (e.g. challenge joins, community joins), and basic demographic information (age, gender, tenure), and location information where relevant to the recommendation (e.g., for challenge and route recommendations), as well as your network (someone you follow joined this Community).

For example, we may recommend challenges to you based on similar challenges you have viewed or clicked on, as well as past challenges you have joined, and challenges people you follow have joined.

In addition, depending on your settings, we use algorithmic ranking to determine the order of activities that appear in your feed. You can use your Display Preferences to choose whether to order the activities in your Feed to be "Personalized" (a blend of new activities, the kinds of activities you tend to interact with, and the great efforts you may have missed) or by "Latest Activities" (chronologically, by when new activities are finished).

The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content.

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray PHX or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While PHX may recommend the equipment or materials of certain third party suppliers, PHX shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

Content and Conduct Restrictions

PHX’s Acceptable Use Policies describe restrictions on content and conduct and are incorporated by reference into these terms. You agree to comply with those policies.

Interactions with Athletes

The Services function as a venue to connect athletes in a virtual information place. As a neutral facilitator, PHX is not directly involved in the actual interactions between athletes using the Services. As a result, PHX has no control over the truth, accuracy, quality, legality, or safety of postings made by athletes using the Services. PHX shall have no responsibility to confirm the identity of athletes. PHX shall also have no responsibility to confirm or verify the qualifications, background, or abilities of athletes using the Services. You shall at all time exercise common sense and good judgment when dealing with any athlete using the Services.

If you elect to use our features to inform your contacts about the Services, or share your information with others, PHX may require you to provide contact information. PHX may contact that friend via a one-time email or text message. You represent that you are authorized to provide any third party contact information that you provide to PHX, that you are authorized to use such information to contact (including for PHX to contact on your behalf) the third party and that PHX may process it pursuant to the Privacy Policy.

Professional and Verified Athletes

If you are a professional athlete, PHX may choose to verify your PHX account and place a badge on your profile indicating your professional status. Verified professional athletes on PHX will receive a free subscription. We expect all athletes to honor the PHX Community Standards and code of conduct as listed in these Terms of Service. We reserve the right to remove your verified status and badge, as well as cease your free subscription, at any time.

Clubs

PHX creates and administers certain clubs as well as the club verification program. PHX may choose to verify certain clubs and place a badge on their profile page. We reserve the right to revoke or transfer ownership of clubs, remove content, remove a club’s verified status and badge, and remove a club at any time. If you request a transfer of ownership of a club, PHX may require you to provide certain documentation.

If you, as an athlete or partner, create a community on PHX, you are responsible for ensuring that your community: (a) abides by these Terms of Service and our Community Standards; (b) does not claim, suggest an affiliation with, or impersonate PHX whether by using PHX’s intellectual property or otherwise; (c) has the right to use or post all community content, third party or otherwise, including rights to use name(s), logo(s), images, trademarks, trade dress, service marks, copyrights, or other intellectual property; and (d) does not, in PHX’s sole discretion, use the community to inappropriately advertise or promote any contests, sweepstakes, or other promotions. Community administrators hereby agree to indemnify and hold PHX harmless from any and all claims arising out of your club, including but not limited to claims of intellectual property infringement.

Third Parties

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 PHX.

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. YOU AGREE THAT PHX 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.

PHX or third parties may provide links to other internet sites or resources through the Services. PHX 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 PHX is not responsible for the availability of such external sites or resources.

Electronic Communications

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 PHX. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which PHX 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) depending on your account settings and method of communication, communications methods used by you may 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 endorsed, sponsored or approved by PHX (unless expressly stated otherwise by PHX) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by PHX in any manner, though PHX reserves the right to do so at any time. 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.

Proprietary Rights

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 PHX 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.

PHX 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 PHX.

The term PHX, the PHX logo and other PHX logos and product and service names are the exclusive trademarks of, and are owned by, PHX, Inc., and you may not use or display such trademarks in any manner without PHX’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

PHX reserves all rights not expressly granted hereunder.

Claims of Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. PHX also reviews claims of trademark infringement. If you believe in good faith that materials hosted by PHX infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PHX to locate the material on the Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that PHX will not respond to complaints that do not meet these requirements. We may share your information with third parties when we forward DMCA compliant notifications, which will be forwarded as submitted to us without any deletions. If PHX determines that the materials alleged to infringe your copyright or trademark rights do not require removal, PHX will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which PHX may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement:

PHX Copyright Agent

1401 E Bristol St, Office #2 - V13,

Philadelphia, PA 19124

ip@phx.fit

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to PHX a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send PHX any Feedback that you do not wish to license to us as set forth above.

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. PHX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. PHX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT PHX IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN

OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND PHX.

YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING, RUNNING, OR FOLLOWING A PHX TRAINING PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF PHX OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE THAT PHX DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A CLUB ADMINISTRATOR.

YOU EXPRESSLY AGREE TO RELEASE PHX, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE PHX WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY PHX TRAINING PLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY PHX (INCLUDING, WITHOUT LIMITATION, ANY PHX TRAINING PLAN) WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PHX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

PHX DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER ATHLETE’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO PHX IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.

Indemnity

You agree to indemnify and hold PHX and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your athletic activities which generate the Content you post or seek to post on the Services (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which PHX sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to PHX are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Notice for California Athletes

Under California Civil Code Section 1789.3, California Services athletes are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution

Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the PHX’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, PHX will pay the additional cost. You and PHX hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if PHX is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. This provision does not apply to users who live in the European Union.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception—Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: PHX, Inc., Attn: Legal Department, 1401 E Bristol St, Office #2 - V13,

Philadelphia, PA 19124. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, PHX also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, PHX may terminate your use of the Services.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with PHX and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union in which case time limitations shall be determined in accordance with governing law for EU users mentioned below.

Choice of Law and Forum

Any action related to the Terms, Content, the Services, and your relationship with the PHX shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts embracing San Francisco, California and you consent to the exclusive jurisdiction of the federal or state courts embracing San Francisco, California. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union.

If you are a user based in the European Union, then Irish law shall apply to these Terms and the Irish courts shall have exclusive jurisdiction to hear disputes arising in relation to the Terms. Despite this, your local laws in your European Union Member State may allow you to take legal action against PHX in your Member State and to invoke certain local laws against PHX.

United States Operation

This Services are controlled by PHX from its offices within the United States of America. PHX makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Termination

You agree that PHX may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in PHX’s sole discretion and that PHX shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Content and Conduct, Clubs, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law and Forum, and General.

General

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and PHX as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and PHX with respect to your use of the Services. The failure of PHX to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of PHX. PHX has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. PHX’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. PHX reserves the right to update the Terms at any time and for any reason in its sole discretion. PHX will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

PHX and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. PHX reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that PHX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Support and Questions

For questions regarding the Services and these Terms, please contact us via https://support.phx.fit.

Our privacy policy (the “Privacy Policy”) explains the information we collect, how we use and share it, how to manage your privacy controls and your rights in connection with our websites and the related mobile applications and services (collectively, the “Services”). Please also read our Terms of Service which sets out the terms governing the Services.

PHX is headquartered in Pennsylvania, USA, and our Services are provided to you by PHX, Inc.

This policy was written in English. To the extent a translated version conflicts with the English version, the English version controls. Unless indicated otherwise, this Privacy Policy does not apply to our subsidiaries (which have their own privacy policies) or third-party products or services, including other companies you might interact with on or through the Services.

Questions or comments about this Privacy Policy may be submitted by mail or email using the contact information below or via PHX Support.

PHX, Inc.
1401 E Bristol St, Office #2 - V13,

Philadelphia, PA 19124

Attn: Legal
DPO@phx.fit

Information PHX Collects

PHX collects information about you, including information that directly or indirectly identifies you, if you or your other PHX users choose to share it with PHX. We receive information in a few different ways, including when you track, complete, or upload activities using the Services. PHX 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 PHX. 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. We also use dates of birth to enhance safety and privacy for our younger users, to place you on age-group leaderboards, and to provide more accurate performance analysis.
Profile, activity, and use information is collected about you when you choose to upload a picture, video, post, or activity (including date, time, and geo-location information as well as your speed and pace and perceived exertion), join a challenge, add your equipment usage, view others' activities, or otherwise use the Services.

We use your contact information so we can contact you when needed. For example, to respond to your support requests.

Location Information

We collect and process location information when you sign up for and use the Services. We do not track your device location while you are not using the Services. But in order to use our core features (e.g., GPS activity tracking, routes, segment leaderboards, etc.), it is necessary for you to permit us to track your device location while you use the Services. If you would like to stop the device location tracking, you may do so at any time by adjusting your device settings.

Content You Share

We gather information from the photos, videos, 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.

Contacts Information

You can choose to add your contacts' information by connecting your contacts from your mobile device or social networking accounts to PHX. If you choose to share your contacts with PHX, we will, in accordance with your instructions, access and store your contacts' information in order to identify potential 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.

Connected Devices and Apps

PHX collects information from devices and apps you connect to PHX. For example, you may connect your Garmin watch or Flywheel account to PHX, and information from these devices and apps will be passed along to PHX.

Health Information

PHX 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 PHX, you must give your explicit consent to the processing of that health information by PHX. You can withdraw your consent to PHX processing your health information at any time. You can also hide certain statistics, such as your heart rate, from being viewed by others on individual activities.

Payment Information

When you make a payment on PHX, you may provide payment information such as your payment card or other payment details. We use Payment Card Industry (PCI) compliant third-party payment services, and we do not store your credit card information.

Third-Party Accounts

PHX allows you to sign up and log in to the Services using accounts you create with third-party products and services, such as Meta, 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 providers and is provided to PHX 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

We collect information from your browser, computer, or mobile device, which provides us with technical information when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information. Learn more about how we use cookies and manage your preferences by visiting our Cookie Policy.

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 user movement in the aggregate, and gather broad demographic information (e.g., country residence) for aggregate use. IP addresses may be linked to session IDs, athlete IDs and device identifiers.

Other Information

We may collect information directly from you or through our service providers, such as when we collect your feedback through surveys.

We may also collect information about you from other PHX users such as when they give you kudos or comment on your activities.

How PHX Uses Information

PHX uses the information we collect and receive as described below.

To provide the Services

We use the information we collect and receive to provide the Services, including providing you with the ability to:

Record your activities and analyze your performance. For example, to compare your past efforts, analyze your training, and - with your consent - use your heart rate information to provide you with interesting and useful performance analysis. We may also match your GPS activities to specific segments or routes to analyze your efforts against those of other users and to establish leaderboards.
Interact with other users. For example, to compete on segments, participate in clubs, challenges, or events, follow other users, message other users, and use features that help users interact with one another, such as group activities or flyby.
Manage your training. For example, to set goals and use your training dashboard.
Explore new places to go. For example, to discover routes or segments where you can engage in your activity. Similarly, if several users run a specific route, that information may be used to suggest the route to other users.
Visualize your activities in new ways. For example, by creating personal heatmaps or using your training log.
Share insights with the PHX community. For example, by sharing your public reviews and photos of specific routes or segments. We may also analyze your public photos from specific routes or segments to attach characteristics to those routes or segments (e.g., shaded, waterfalls, flowers, etc.)

Subject to your privacy controls, your information, including parts of your profile, username, photos/videos, users you follow and who follow you, clubs you belong to on PHX, your activities, the devices you use, and kudos and comments you give and receive will be shared on PHX so that you may be able to participate in the Services, for example to show your place on a leaderboard. Certain information (e.g., your name, and some profile information) is also available to non-users on the web. Your precise location information, such as where you run or ride, may also be shared on PHX or to non-users, in accordance with your privacy controls.

To provide the messaging Services

We use the information we collect and receive (including your name, avatar, athlete ID, and content you choose to share) in connection with your use of PHX Messaging on the basis of our legitimate interest in enabling you to find new ways to interact by using the Services. When you use Messaging, we use your information (i) to provide you with the PHX Messaging service, (ii) to improve PHX Messaging, for example to increase the functionality of Messaging by analyzing usage data to identify technical and design improvements and by assessing feedback you provide in relation to Messaging, and (iii) to protect you and other users of the Messaging service and the Services, for example by enforcing our Terms of Service, Acceptable Use Policy and Community Standards. We use automated tools to assist us in protecting and safeguarding you and other users and to keep the Messaging service secure, for example to detect misuse and bad actors. To help us provide PHX Messaging, we share your information with a third party service provider that specializes in messaging services and keeping these safe and secure.

To customize your experience

We use the information we collect and receive to customize your experience. For example, we may suggest segments, routes, challenges, or clubs on PHX that may interest you, users that you may want to follow, or new features that you may want to try. For example, if we know that you like to hike, we may tell you about new hiking routes or show you sponsored content related to hiking. Or if we see that you bike ride in a certain area, we may suggest joining a club or a race in that area.

To provide you with targeted promotions

We use the information we collect and receive to serve you with relevant promotions, subject to your notification and email preferences. For example, if we see you are an active user who has been on a monthly subscription plan for an extended period of time, we may serve you a promotion to switch to a discounted annual plan. Or if you are an active user who has never subscribed, we may send you an offer for a free subscription trial.

To protect you and the Services

We use the information we collect and receive to protect users, enforce our Terms of Service, Acceptable Use Policy, 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. PHX reserves the right to review accounts and user actions on the Services to ensure compliance with our Terms. You can learn more about how to report content that violates our terms and standards here.

To assist you with a support request

We use the information we collect and receive to provide support in response to your requests and comments. Depending on your request, this may require us to access your account, for example, to troubleshoot or replicate a reported issue.

To improve our Services

We also use the information we collect and receive to conduct research, and to analyze, develop, troubleshoot, and improve the Services. To do this, PHX may use third-party analytics providers to gain insights into how our Services are used, using aggregated data, and to help us improve the Services.

To communicate with you

We may also use the information we collect and receive to market and promote the Services, activities and events on PHX, and other commercial products or services, including using email and push notifications, in accordance with your preferences. We may also contact you for partnership opportunities, when investigating alleged violations of our terms, or to send proactive customer support messages.

To process your subscription

We use the information we collect to process your subscription, including using your location data to determine your country pricing.

How Information is Shared

We do not sell your personal information for monetary value. We may 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. In addition, we may sell or share aggregated data about our users, as described in more detail in the “Aggregate Information” section below.

Service Providers

We may share your information with third parties who provide services to PHX such as supporting, improving, promoting and securing the Services, processing payments, or fulfilling orders. 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, to promote PHX 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 PHX community as an individual of 18 years of age or older, your profile and your activities are set to be viewable by everyone by default. If you do not customize your privacy controls within a short period of time, PHX will begin hiding the first and last 200 meters of your activity maps by default. Your name and other profile information is viewable by other PHX users and the public and, subject to your privacy controls, additional information and content you share may also be viewable. For example, your media content and routes may be accessed by other PHX users and non-users or viewable on publicly accessible PHX pages or in search engine results.

When you join the PHX community as an individual under the age of 18, your profile and your activities are set to be viewable by followers only by default. In order for another PHX user to be able to see your detailed profile information or your activities, the PHX user must first request to follow you and you must accept that request. For example, a PHX user will not be able to see your uploaded activities or photos until after you have granted the PHX user permission to follow you.

We provide a variety of privacy controls to manage the sharing of your information and encourage our users to adjust their controls to align with their desired experience.

Sharing Information and Activities

We share your information with other PHX users and the public in accordance with your privacy controls. You can change the visibility of the activities you upload to PHX. Also, you can tell us about important locations, such as your home or work address, by using our "Hide a Specific Address" feature in your privacy controls. We will hide any portion of your activity on your activity map that starts or ends near your hidden addresses. Using PHX Beacon, you can choose to invite your trusted contact(s) to view your live location while recording activities. You can also share your activities with your contacts via text, email, or on social media applications like Meta, Instagram, and Twitter. If you link your PHX 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.

Targeted Advertising

We may use the information we collect and receive about you to provide you with targeted advertising if you accept non-essential cookies using our cookie banner. You may opt-out of targeted advertising by clicking the “Do Not Share My Personal Information” link in the footer below or in our app by clicking on the “Personal Information Sharing” link in your Privacy Controls and following the instructions.

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 PHX to offer an integrated feature, such as a challenge sponsor, media streaming, or tracking device. You can choose to share your profile data and activity data (including private activities) with these third parties. Information collected by these third parties is subject to their terms and policies and may not provide you with the same privacy controls that are available on PHX (for example, hiding a specific address or the start and end points on activity maps). PHX is not responsible for the terms or policies of third parties.

Aggregate Information

PHX may deidentify and aggregate the information you and others make available in connection with the Services and post it publicly or share it with third parties. Examples include information about equipment, usage, demographics, routes, performance, and challenge participation and completion. PHX may use, sell, license, and share this aggregated information with third parties for research, business or other purposes such as to improve walking, running or riding in cities via PHX Metro or to help our partners understand more about users, including the people who use their products and services. PHX also uses aggregated data to generate our Global Heatmap and other community-powered features such as Points of Interest and Start Points. Please visit your privacy controls if you would like to opt out of PHX using your information for these purposes.

Subsidiaries and Acquirors of our Business or Assets

We may share your information with our subsidiaries, such as Recover Athletics and FATMAP, who are required to handle your personal information in accordance with their own Privacy Policies.

If PHX becomes involved in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such transaction.

Legal Requirements

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: (1) prevent any person from death or serious bodily injury; (2) to address issues of national security or other issues of public importance; (3) to prevent or detect violations of our Terms of Service or fraud or abuse of PHX or its users (4) 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.

Managing Your Settings

Privacy Controls

PHX offers several features and settings to help you manage your privacy and share your activities. Most privacy controls are located in your privacy controls page, but some are specific to individual activities, athletes, routes, or features. PHX provides you the option to make your activities visible to everyone, only your followers and you, or just you. Click here to manage your privacy controls.

Adjust Notification and Email Preferences

PHX offers various ways to manage the notifications you receive. You can choose to stop receiving certain email notifications by indicating your preferences here. You may also unsubscribe from these emails by following the instructions contained at the bottom of these messages. In our app, you can access your “Push Notifications” in the settings menu. Where permitted by local regulations, we may opt you into marketing-related communications if you substantially interact with the Services or purchase a subscription. We may also send you periodic communications asking if you would like to opt into receiving marketing-related communications.

If you receive marketing communications from one or more of our subsidiaries, you must opt-out individually from each subsidiary you are receiving brand-specific marketing from.

Any administrative or service-related emails (for example, to confirm a purchase, to notify you of pricing changes, to deliver a training plan you requested, or provide an significant update to our policies, etc.) may not offer an option to unsubscribe as they are necessary to provide the Services you requested. You are responsible for providing us with a valid email address and keeping it updated to ensure you get these email notifications.

Updating Account Information

You may correct, amend or update profile or account information at any time by adjusting that information in your account settings. If you need further assistance correcting inaccurate information, please contact PHX at https://support.PHX.com.

Deleting Information and Accounts and Downloading Your Data

You can delete your account or download your data using our self-service tools. Follow the instructions here to download your data, including your activity files. To delete your account please follow the instructions provided here.

After you make an account deletion request, we permanently and irreversibly delete your personal information 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 45 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 we do not have control over content you have shared directly with others, such as photos or videos on other social media platforms, or that others may have copied. In other words, content or information may remain available 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.

PHX also provides you the option to remove individual activities you have posted without deleting your account. Once removed, the activities may remain on PHX's systems until you delete your account.

Children's Privacy

Our services are not intended for, nor directed to, children under 13 years of age. We use technical measures to prevent children under 13 years of age from creating an account and therefore do not knowingly collect personal information from anybody under 13 years of age. If you are under 13 years of age, do not use the Services.

Moreover, we strive to provide additional privacy and safety protections for individuals under 18 years of age. For example, when users under 18 years of age create an account, their profile and activities are set by default to be viewable by followers only. We also may limit how we collect or process the personal information of individuals under 18 years of age. For example, you must be at least 16 years of age to upload heart rate data or receive heart rate analysis.

How We Protect Information

PHX implements technical, physical, and organizational measures and controls to safeguard and protect the transmission and storage of the data we collect. We employ reasonable protections for your information that are appropriate to its sensitivity.

Please be aware that despite our efforts, we cannot guarantee absolute security of your account or information. In addition, you can take steps to protect your account and information such as creating a unique password for PHX that is not easily guessed and that you don't use anywhere else, not sharing your password with others, and promptly reporting suspicious activity or unauthorized account access.

Your Rights and Our Legal Bases

We provide the same suite of privacy controls to all of our users worldwide. Particular rights may be available to you if you reside in certain locations, such as the EEA, Brazil or certain U.S. states such as California. Learn more about your rights and how to exercise them.

Your Legal Rights in the EEA

If you reside 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. PHX's lead supervisory authority in the EEA is the Data Protection Commission of Ireland. Learn more.

Our Legal Bases

PHX relies on a number of legal bases to collect, use, share, and otherwise process the information we have about you for the purposes described in this Privacy Policy, including:

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 PHX's or a third party's legitimate interests, such as our interests in protecting our users, our partners' interests in collaborating with our users, and our commercial interests in ensuring the sustainability of the Services.

Cross Border Data Transfers

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.

Whenever we transfer personal data internationally, we use legal mechanisms, such as Standard Contractual Clauses, to ensure data transfers comply with applicable law.

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 or becomes inactive. In making these determinations, we consider the amount, nature, and sensitivity of the personal information, the purposes for which the information is processed, whether we can achieve those purposes through other means, and applicable legal requirements.

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. For example, if you withdraw your consent to PHX processing your health-related information, PHX will thereafter delete all health-related information from activities you upload. Following your deletion of your account, it may take up to 45 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

Information connected to you that is no longer necessary and relevant to provide our Services to you may be de-identified or aggregated with other non-personal data to provide insights that are commercially valuable to PHX, 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 PHX Metro and our Global Heatmap. This information will be de-associated from your name and other identifiers.

Other PHX Sites

PHX maintains certain websites that can be accessed outside of https://PHX.com, such as https://blog.PHX.com or https://communityhub.PHX.com (the “Other Sites”). The Other Sites may maintain the look and feel of the Services, but are hosted by outside service providers with their own terms and privacy policies. If you interact with the Other Sites, your information may be stored, processed, or shared outside of the Services. If you interact with the Other Sites, you acknowledge that you may be subject to the terms and conditions and policies applicable to such Other Sites, which may differ from this Privacy Policy. Please be aware that any personal information you submit to the Other Sites may be read, collected, or used by other users of these forums indefinitely, and could be used to send you unsolicited messages. PHX is not responsible for the personal information you choose to submit via the Other Sites.

Privacy Policy Updates

PHX reserves the right to modify this Privacy Policy at any time. Please review it occasionally. If PHX makes changes to this Privacy Policy, the updated Privacy Policy will be posted in a timely manner. If we make changes we deem to be material, we will provide a prominent notice. If you object to any changes to this Privacy Policy, you should stop using the Services and delete your account.