Terms and Conditions– iQniter’s Services (B2C)

Effective Date: June 2020 (Version 1.1)

By accessing, browsing, downloading, registering or in other ways using (collectively ‘Using’) (i) Our website www.iqniter.com or Our dedicated page on my.iqniter.com (collectively the ‘Websites’), (ii) Our services in terms of (iia) Our Studio Solution (including Cardio Training, group training software and other training solutions, Admiq and DesiQner), and (iib) Our mobile application (the ‘App’), and (iic) Our dedicated page on my.iqniter.com (collectively the 'Services'), these Terms and Conditions (the ‘Terms’), will automatically apply to You, and You agree to and accept the below Terms.

The Websites and the App are collectively referred to as the ‘Platform’.

By accepting the Terms og being notified with Our privacy policy on personal data (the ‘Privacy Policy’), cf. clause 2.1, You enter into a legally binding agreement with iQniter with regard to Free Services and/or Premium Services (the ‘Service Agreement’). We encourage You to read the Terms carefully.

Terms and conditions applicable to the purchase of Products, including iQniter Smart Sensors, available for sale via the Platform are available here: Terms and conditions for Sales.

1. Introduction

1.1. iQniter ApS (‘iQniter’, 'We,' 'Us’, or ‘Our’) is a leading pioneer of cardio training monitoring and works closely with fitness clubs and fitness instructors to help sport enthusiasts to improve and optimize their training progress and results. ‘You’ refer to any individual who creates an account on the Platform (the ‘Account’), or in any other way makes use of Our Services.

1.2. iQniter offers several Services for free (the ‘Free Services’). Also, iQniter offers certain premium versions of the Services (the ‘Premium Services’) against payments. If You choose to subscribe to any paid Premium Services (the ‘Subscription Agreement’), paid services and billing may auto-renew unless You terminate. You may terminate and withdraw in accordance with clauses 7 and 8.

2. Personal data and cookies

2.1. When You use Our Services, We process Your personal data. For further information about the personal data that We process and the precautionary measures We take to protect Your personal data, please visit Our Privacy Policy.

2.2. We use cookies when You visit the Platform. There are different kinds of cookies, including cookies that are erased when You close Your browser (session cookies), and cookies that are saved on Your computer even though the computer is shut down (permanent cookies). For further information about Our use of cookies, please visit Our Policy on Cookies.

3. Registration and management of your account

3.1. In order to use most of Our Services, You must have a valid Account with iQniter. To register an Account for the Free Services, You must be at least 16 years of age; and at least 18 years of age to register an Account for the Premium Services and entering into a Subscription Agreement with iQniter.

3.2. Further, You must provide Us with Your electronic mail address and create a confidential and personal password for Your Account. You may not impersonate someone else, create, claim or use an account for anyone but yourself, provide an email address other than Your own, or create fake or multiple accounts.The use of Services requires confirmation of Your account. If You do not confirm Your account when signing up, Your Account will not be created, and You cannot login.When You create the Account, You will also be asked to provide information to enable the functionality of the services provided (e.g. age, gender, height, weight, level of physical activity).To the widest extent possible pursuant to applicable law, You are responsible for ensuring the confidentiality of the data for Your Account, and fully responsible for all activities under Your Account. You agree to:

3.2.1. immediately notify Us of any unauthorized use of Your Account or any other breach of security, and
3.2.2. ensure that You exit from Your Account at the end of each session.

3.3. To the widest extent possible pursuant to applicable law, We are not liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Services, You agree to:

3.3.1. provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and
3.3.2. maintain and promptly update the data to keep it true, accurate, current and complete.

3.4. iQniter will not verify the information You register on Your Account. If You provide any information that is untrue, inaccurate, not current or incomplete, or iQniter has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iQniter has the right to suspend or terminate Your Account and to refuse You any and all current or future use of the Services (or any portion thereof).

4. Use of our services

4.1. If activated, the Services record and show real-time training data such as heart rate and save the training sessions on the user’s own Account either using Your heart rate device or from the fitness equipment You use. You may (but is not required to) allow Us to share Your training data with the fitness club You are exercising for further analysis. Such data is processed in accordance with Our Privacy Policy, cf. clause 2.1.

4.2. As a user of the Services, You may receive important notices about them from time to time. These important notices related to the use of Services are not marketing messages, but are essential information concerning Our Services and their use. For this reason, it is not possible to opt out of receiving them. We also inform all Our customers – including those who have opted out of marketing messages – of any changes to Our Terms or Privacy Policy. We recommend You read these messages, because they may contain important information that applies to You.

5. Purchases

5.1. The Premium Services provide access to certain enhanced products, services, features and functionality (e.g., online coaching, more Smart sessions, etc.). By signing up for and Using the Premium Services, including signing up for Free Trials of the Premium Services, You agree to pay any payments or other incurred charges that apply to the Premium Services (such as subscription payments).

5.2. Subscriptions are offered as in-app purchases through iTunes and Google Play (the ‘Payment Method’). You must confirm Your purchase with Payment Method. You will be charged the prices displayed for the chosen Services, and You authorize the third-party account to charge You. The chosen Payment Method will be continuously billed depending on the chosen payment plan, i.e. monthly/quarterly/yearly in advance according to the terms of the applicable third-party account, i.e. iTunes and Google Play.

5.3. Objections to payments, should be directed to the relevant third-party, i.e. iTunes, and Google Play. In some instances, You may also object by contacting Your bank or payment provider, who can provide further information on Your rights as well as applicable time limits.

5.4. Your chosen Payment Method will continue to be charged monthly/quarterly/yearly in advance within 24 hours of the initial purchase date at the price accepted when entering into the Subscription Agreement. Unless otherwise stated, Premium Services will auto-renew until You elect to terminate Your Subscription Agreement, cf. clause 8. Termination must be made in accordance with the terms and instructions applying to termination of Your subscription with the relevant third-party account (iTunes and Google Play). Deletion of Your Account or the App is not to be considered a valid termination.

5.5. All purchases of Premium Services are final and non-refundable, except at Our sole discretion and in accordance with the rules governing each Premium Service and clause 7.

5.6. To the maximum extent permitted by applicable laws, We may change Our prices for Premium Services in accordance with clause 9.

5.7. If You have received a discount, coupon or gift code to a Premium Service, the following terms and conditions apply in addition to the Terms of the specific code. To redeem a discount or coupon code, log in to the applicable Service and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to Premium Services, and to accounts not already subscribed to Premium Services. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A Payment Method may be required to redeem a discount or coupon code. It is Your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also Your responsibility to terminate the Premium Service before the end of a free or discounted period if You do not want to continue with a Premium Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Premium Service, coupon validity dates, and/or purchase quantities. iQniter reserves the right to terminate discounts and coupon promotions at any time.

5.8. Free Trials

5.8.1. We sometimes offer free trials of Our Premium Services or other promotional offers (each a 'Free Trial'). A Free Trial provides You access to the Premium Services for a limited period of time with details specified when You sign up for the offer.

5.8.2. In order to sign up for a Free Trial, You may need to provide Us with Your preferred Payment Method. As soon as You submit Your payment details, Your Free Trial will begin. You will not be charged until the Free Trial period ends.

5.8.3. Unless You terminate/withdraw before the end of the Free Trial, or unless otherwise stated, Your access to the Premium Service will automatically continue and You will be billed the applicable amount for that Premium Service using the Payment Method You provided. All incurred charges are final and non-refundable, except at Our sole discretion and in accordance with the rules governing each Premium Service. We may send You a reminder when Your Free Trial is about to end, but We do not guarantee any such notifications. It is ultimately Your responsibility to know when the Free Trial will end if You decide You do not want to become a paying Premium Services user after the Free Trial period.

5.8.4. If You decide You do not want to become a paying Premium Services user, You must Terminate/ withdraw Your subscription before the end of the Free Trial period. You will lose access at the end of the Free Trial period.

5.8.5. Premium Service features and content may change at any time, and We cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when You sign up for the Free Trial will be the same when the Free Trial ends, unless We notify You otherwise. We reserve the right, in Our absolute discretion, to modify or terminate any Free Trial offer, Your access to the Premium Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Premium Service at the same time, and We reserve the right to limit Your ability to take advantage of multiple Free Trials.

6. Amendments

6.1. iQniter may change prices, fees and other terms of the Service Agreement at any time, including the grounds of:

6.1.1. external costs associated with the provision of the Services Agreement and increased administration as a result hereof;

6.1.2. inflation calculated as of 1 January 2021 (index 100),

6.1.3. amended legislation, regulation or practice, as well as

6.1.4. changes and/or discontinuations of the Services.

6.2. Material changes are notified via individual communication - and in accordance with clause 3 of the Terms - with 2 months’ notice until the end of a month. Non-significant changes take effect immediately and are not notified. However, iQniter may at any time choose to publish information about non-material changes via the Platform.

6.3. In order to ensure the continuous functionality of the Services and bring You additional functionalities, We may from time to time add new features or enhancements as well as remove features. Provided that these changes do not materially affect Your rights or obligations, we may not provide You with notice beforehand.If the changes are material, we will notify You in accordance with clause 6.2.

6.4. If You do not have an Account with Us, Your continued use of Our Platform following the posting of a modified version of the Terms will mean You accept that modified version. If the modified terms are not acceptable to You, Your only option is to stop using Our Platform. You should check this and other relevant pages from time to time in order to make yourself aware of any changes We make. You are bound by Our policies and Terms in force at the time You visit or Use Our Platform.

7. Right of withdrawal

7.1. Purchases are generally nonrefundable, and there are no refunds for partially used periods, unless the laws applicable in Your jurisdiction provide for refunds.

7.2. If You are residing in the EU or European Economic Area, in accordance with local law, You are entitled to a full refund without stating a reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

7.3. To request a refund:

7.3.1. Subscription via iTunes: refunds are handled by Apple. To request a refund, go to iTunes, click on Your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com .

7.3.2. Subscription via Google Play: contact customer support with Your order number for the Google Play Store.

7.4. You may also mail or deliver a signed and dated notice, which states that You, the buyer, are making use of Your right to withdrawal, or words of similar meaning. Please also include the email address or telephone number associated with Your account along with Your order number. This notice shall be sent to: info@iqniter.com. You may also use the standard withdrawal form (Annex 1), but this is not a requirement.

7.5. Consequences of withdrawal:

7.5.1. All payments received from You are refunded without undue delay and in any case within 14 days of the date when we received notice of Your decision to withdraw, either by iQniter or Apple/Google respectively. We shall make such refund using the same means of payment as used by You in the initial transaction. In any case, no fees will be charged to You as a result of the refund.

7.6. Exception to Your right of withdrawal: You cannot withdraw from an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with Your explicit prior consent and acknowledgement that You will thereby lose Your right of withdrawal.

8. Termination

8.1. Free Services:

8.1.1. You may stop Using the Free Services at any time. After Our Account is terminated, the Service Agreement will terminate except that i.a. the following provisions will still apply: clauses 2, 9, 10, 13 and 16-19.

8.2. Premium Services:

8.2.1. The Subscription Agreement regarding the Premium Services is non-terminable by You for 6 months continuously from the conclusion of the Service Agreement (the ‘Binding Period’). You may terminate the Subscription Agreement at least one month before the end of the Binding Period. Thereafter, the Subscription Agreement may be terminated by You with one month's notice until the end of one month.To terminate the Subscription Agreement, You must manage Your purchases through Your chosen Payment Method, i.e. iTunes og Google Play to avoid additional billing.Once You have terminated Your Premium Service and received confirmation, no other changes can be made to Your Account. The termination of a Premium Service will go into effect at the end of Your current billing cycle, and You will have the same level of access to the Premium Service through the remainder of such billing cycle, e.g. monthly, quarterly, yearly. For example, if You are billed on a monthly basis and terminate during a given month, You will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month.If You no longer wish to subscribe to a Premium Service, it is Your responsibility to terminate Your Premium Service in due time, regardless of whether or not You actively use the Premium Service, etc. Deleting the App does not constitute termination.

8.2.2. If You do not pay for Your use of the Premium Services, We may make reasonable efforts to notify You and resolve the issue; however, We reserve the right to disable or terminate Your access to the Premium Services (and may do so without notice).

8.3. When You have closed Your Account and terminated Your subscription, Your data will be deleted or anonymized in accordance with Our Privacy Policy, cf. clause 2.1.

8.4. If You are a resident of the European Union: You have the right to delete Your Account with Us by contacting Us. If You choose to permanently delete Your Account, the non-public Personal Data that We have associated with Your Account will also be deleted or anonymized.

8.5. If You are believed to be in breach any of the Service Agreement, iQniter may terminate Your account, in which case Your Account and data will be deleted or anonymized. You are not entitled to any refunds for purchases made. If Your account is terminated i.a. the following provisions still apply: clauses 2, 9, 10, 13 and 16-19.

9. Intellectual property rights and restrictions of use

9.1. iQniter and/or its partners/suppliers, as applicable, retain ownership of all proprietary rights in the Services, the Platform, and in all trade names, trademarks and service marks associated or displayed with the Services. When You download any software from Our Platform or any affiliated third-party websites or App Provider, cf. clause 4, in relation to the Platform, We only grant You a limited, personal, non-transferable and non-exclusive license to use such software.

9.2. iQniter exclusively retain ownership of all rights, title and interest in and to all intellectual property rights as well as the rights to the look and feel including infrastructure of the Platform, etc.

9.3. The Platform is made available for personal and non-commercial use only.

9.4. You are not allowed to:

9.4.1. re-sell, hyper/deep-link, use, copy, publish, modify, translate, decompile, reverse engineer, decipher, transmit, create any derivative works from, make use of, use as meta

9.4.2. tags, reproduce in any way, promote, market, integrate, utilize, combine, monitor (e.g. spider, scrape), use datamining, frame, mirror, display, download, reproduce, or otherwise use any content on the Platform, including but not limited to any pictures, images, copyrighted material, trademarks and names, service marks, or other intellectual property, proprietary information or any other content or information, software, without iQniter’s prior written consent;

9.4.3. use or develop applications that interact with the Platform, without iQniter’s prior written consent; or

9.4.4. use, store, upload viruses or other malicious ware or compromise the security of the Platform or promote behavior in violation of the Terms.

10. User content

10.1. As stated under clause 4.1, You may (but are not required to) transmit data collected with various devices, including iQniter heart rate devices, from other devices or wearables, and/or from the fitness equipment and/or trackers to Your Account (together the ‘Devices’). The data collected with and registered by Devices and/or equipment is transmitted to the Services on an as-is basis, hereinafter referred to as ‘User Generated Content’.

10.2. In addition to the data transferred by You from Devices You use with the Services, You may also save or post on some of the Services content or other material that You have created Yourself, such as images, texts, comments related to the User Generated Content, and data related to Your training sessions. You can also participate in discussion forums provided by iQniter and post links on data related to Your Account on provided social media channels or link Your posts there. All the content You Yourself have submitted, saved, or transferred to the Services provided by iQniter is hereinafter referred to as ‘User Content’.

10.3. By saving, submitting, or transferring content to the Services, You are granting iQniter - to the widest extent possible pursuant to our Privacy Policy and applicable law - an uncompensated, global, transferable, sub-licensable right to use, reproduce, present in public, edit, translate, and share Your User Content. Excluding the rights related to Your personal data, the rights You have granted to iQniter are irrevocable. Please note that even after You have closed Your Account and Your personal data has been deleted or anonymized from iQniter systems, material such as comments posted on discussion forums will not be removed unless required by Privacy Policy and/or applicable law.

10.4. By submitting User Content to the Services and using the Services, You represent and warrant that:

    • You own the User Content submitted by You to the Services or otherwise have the rights to submit the content to the Services provided by iQniter and to grant iQniter the license set forth in this section to the content You have submitted.
    • User Content submitted by You does not contain anything that is unlawful, defamatory to any individual or community, offensive, abusive, libelous, threatening, pornographic, harassing, improper, racially or ethnically offensive or otherwise unfit for publication, or anything that encourages to any illegal activity, criminal offense or civil liability.
    • User Content submitted by You does not contain any harmful software code, file, program or programming routine, or other infectious or malicious features or code or features that may compromise the security or integrity of iQniter’s computer systems, networks, Web Sites or servers.
    • User Content submitted by You does not contain advertisements or business proposals, promotional material, chain letters, spam, pyramid schemes or other scams.
    • User Content submitted by You does not promote hazardous weight loss techniques or products. Furthermore, promotion and/or degradation of eating disorders is prohibited.
    • User Content submitted by You does not infringe any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights.
    • User Content submitted by You does not contain or promote submission of personal information and/or data relating to any third-party user.
    • You do not use Your Account or the User Content submitted there for data collection or for stalking or harassing other users.
    • You will not disrupt the flow of discussion in discussion boards with abusive or otherwise inappropriate language, or by other means, including continuously and repeatedly hitting the Enter key or posting repeated text (e.g. spam with posts, answers or messages).
    • You agree not to take actions against iQniter in relation to User Content that You submit.

10.5. In addition, iQniter requires You to use good judgment and exercise discretion in choosing appropriate subjects and subject matters for any photos or video submissions to Our Services. Please note that privacy laws may protect individuals with respect to them being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for Your submissions of photos or videos to the Services. Any use of Services and User Content which does not comply with the foregoing is strictly prohibited. iQniter expressly denies – to the widest extent possible pursuant to applicable law - any liability arising out of or relating to the User Content.

10.6. We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any User Generated Content available through the Services, and We make no commitment to update such Content. In addition, User Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by iQniter, and should not be relied on without independent verification. User Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User Generated Content originated. All information is provided 'as is' without any representation, warranty or condition as to its accuracy or reliability.

11. Third-party services

11.1. The Services may contain advertisements by third parties, links to other websites, etc. Such information disclosed on our Platform is provided by the third parties, who are fully responsible for any such content, including but not limited to applicable prices, availability, policies and terms and other relevant information that governs Your relationship with them. iQniter is not responsible for any information og service provided by third-parties.

11.2. iQniter Services may also include an option to share or transfer data to third-party services (the ‘Third-Party Services’). iQniter is not responsible for data once it is transferred out of iQniter’s system and thus iQniter can no longer control the data. You are responsible for managing the information You share or transfer out of the system. When You enable the sharing of Your information or its transfer into a Third-Party Services, the third-party typically requires You to accept its own terms and conditions of use. Please carefully read the third-party terms and conditions and its personal data processing policy before You start using such services. iQniter assumes no responsibilities related to the use of Third-Party Services.

11.3. You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities ('Third-Party Applications') via Our Services. If You choose to access these Third-Party Applications, You may be requested to log-in and sync Your accounts with such Third-Party Applications. You are in no way obligated to use any Third-Party Applications. Your access and use of such Third-Party Applications are entirely at Your own risk, and We have no associated liability. In addition, We are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, We are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.

11.4. Our Services may be accessed on third-party devices or other products ('Third-Party Products'), and Your ability to use certain features of the Services may require You to purchase Third-Party Products (e.g., mobile devices). While We may recommend, promote, or market the products of certain partners, We have no responsibility for Your acquisition or use of any Third-Party Products, and We do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by Our partners.

11.5.Our Services may include the ability to discover, access or participate in certain services, activities, or events ('Third-Party Activities'). Third-Party Activities are offered and provided by Third Parties, not iQniter. Your attendance at and participation in Third-Party Activities is solely at Your own risk. iQniter will not be liable for any act, error or omission of any Third-Party, including, without limitation, any which arises out of or is any way connected with a user’s attendance, use of or participation in any Third-Party Activities initially discovered, booked or registered for via the Services, or the performance or non-performance of any Third-Party in connection with the Services. iQniter is not an agent of any provider of Third-Party Activities.

12. Mobile services

12.1. To use or access Our Services, You will need a compatible device. We cannot guarantee the App will be compatible with, or available on, Your device. Your phone company’s normal messaging, data, and other charges will apply.

12.2. By downloading or using Our Services, including the App, You expressly agree We may communicate with You regarding transactions You have initiated on the Services or respond to Your communications to Us through the Services by SMS, MMS, text message, or other electronic means directed to Your device and that certain information about Your usage of the Services may be communicated to Us automatically from Your device. We will not send You direct messages of a marketing nature without Your prior written consent and You can opt out of receiving any marketing messages from Us at any time.

12.3. We hereby grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use Our Services downloaded directly from a legitimate marketplace, solely in object code format and solely for Your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the Services, such open source code is covered by the applicable open source or third-party license (EULA), if any, authorizing use of such code.

12.4. If You download Our App from a third-party app store (the 'App Provider'), You acknowledge and agree that:

    • The Terms are an agreement between Us, and not with the App Provider. As between iQniter and the App Provider, iQniter is solely responsible for its App;
    • The App Provider has no obligation to provide any maintenance and support services with respect to the iQniter App;
    • In the event of any failure of the iQniter App to conform to any applicable warranty, (i) You may notify the App Provider and the App Provider may refund the purchase price for the App to You (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between iQniter and the App Provider, iQniter’s responsibility;
    • The App Provider is not responsible for addressing any claims You have relating to the App or Your possession and use of the App;
    • If a third-party claims an application infringes another party’s intellectual property rights, as between the App Provider and iQniter, iQniter will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms;
    • The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to Your license to the App. Upon Your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App against You as a third-party beneficiary thereof; and
    • You must also comply with all applicable third-party terms of service when using the App.

13. Disclaimer

13.1. The Platform as well as the Services, content and User Generated Content thereof, are provided by iQniter on an 'as is' and 'as available' basis and to the extent permitted by applicable law. iQniter does not guarantee that the Services will be uninterrupted or error- or virus-free. iQniter reserves the right to revise the Services or deny access to them at any time in accordance with clause 6 iQniter expressly disclaims any express or implied warranties, including, without limitation, warranties of title, non-infringement, fitness for a particular purpose, availability, accuracy, reliability or content of the Services. You agree and acknowledge that Use of the Services is at Your sole risk. iQniter assumes no liability or responsibility for any User Content.

13.2. Except for liability for death or personal injury or damages caused by intentional misconduct or gross negligence, iQniter shall not be liable for any direct, indirect, incidental, special or consequential or other damages, lost profits, business revenue, goodwill, anticipated savings, or data, caused by the use of or inability to use iQniter services even if the possibility of such damages has been advised.

13.3. By accepting the Terms, You expressly agree that Your athletic activities, which may generate the User Generated Content You post or seek to post on or via the Services (e.g., running, walking, cycling, hiking) and certain Third-Party Activities 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 iQniter or by the action, inaction, or negligence of others.

13.4. iQniter’s heart rate devices and the Services are mainly for physical training and improving Your fitness. You understand and agree that iQniter is not responsible for supervising or to perform control in relation to the Services and any User Generated Content, cf. clause 1, and/or any third-party activities that utilize Our Services.

13.5. We do not provide medical advice or opinions for any medical purpose. By accepting the Terms, You understand and agree that We will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services (e.g., featured, official or community created challenges; friendly competitions or similar activities; any single or group training activities; any Third-Party Activities or other events or activities that utilize Our Services). Heart rate data relating to Your exercise, may be unavailable, inaccurate or incomplete.

13.6. Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, We are not responsible or liable, either directly or indirectly, for any injuries or damages sustained from Your physical activities or Your use of, or inability to use, any Services or features of the Services, including any Content or activities You access or learn about through Our Services (e.g., a Third-Party Activity such as a yoga class), even if caused in whole or part by the action, inaction or negligence of iQniter or others. Activities promoted by the Services may pose risks even to those who are currently in good health. We encourage You to put safety first and strongly recommend that You consult a licensed medical professional prior to beginning any exercise programs.

13.7. To the maximum extent permitted by applicable law, You expressly agree We do not assume responsibility for any Third-Party Activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by or accessed via the Services.

14. Software updates

14.1. iQniter constantly updates its Services, including its software, this being the only way to make improvements to it, offer new services and fix potential bugs. These updates are free for those Users who decide to install them on their device, which iQniter recommends. Each software update from iQniter may result in the deletion of previously available features or in the addition of new ones.

14.2. Whenever a new update is published, iQniter will no longer offer technical support for the previous versions.

14.3. An update may require that the device on which it is to be installed meet certain technical requirements in order to work properly. The User must carefully read said requirements before installing a new update.

15. User's responsibilities

15.1. You are to the widest extent possible responsible for Your use of the iQniter Services, You agree to defend, indemnify, and hold harmless iQniter from and against any and all third-party claims and all liability, losses, costs or damages resulting from or arising out of Your actual or alleged breach of these Terms or Your actual or alleged infringement or violation of any intellectual property, other rights or privacy of a third-party.

15.2. We care about the security of Our users. While We work hard to protect the security of Your personal data, User Generated Content, User Content and Account, We cannot guarantee that unauthorized third-parties will not be able to defeat Our security measures. Please notify Us immediately of any actual or suspected breach or unauthorized access or use of Your Account.

15.3. You may edit Your Payment Method information by contacting the applicable third.-party, i.e. Apple og Google Play. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and You do not edit Your Payment Method information or terminate Your subscription, You remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.

16. Force majeur

16.1. Neither party shall be liable to the other for any non-performance of its contractual obligations in the event and to the extent that such non-performance is due to an event or condition not reasonably foreseeable at the effective date, and which events are not within the control of that party, which effects cannot reasonably be avoided or overcome (hereinafter 'Force Majeure').

16.2. Force Majeure shall include (but is not limited to) war, emergency situations, lockdown, riot or other crises, provision of emergency information during crises or in disturbances of normal situations, sabotage or threat of sabotage, dangerous epidemic, storm, flood, or other inclement weather or other natural event (disaster), fire, explosion or other similar accidents, strike, lockout, boycott and other industrial actions (including internal strikes of a party), legislative changes, action or failure to act on the part of authorities, exchange restrictions, restriction of export and import, interruption of general supply of energy, general unavailability of transport facilities, interference of communications networks, defects or delays in transfer connections or other connections or equipment acquired from third-parties or in control of third-party or other similar reason beyond the control of the parties.

17. Various matters

17.1. Consumer rights, which are indispensable under applicable law, apply regardless of what may result from the Service Agreement and the Terms.

17.2. You are obliged to continuously update Your personal and contact information, including correct and updated address, e-mail, telephone numbers, height and weight, level of physical activity.

17.3. Notices from iQniter, including notification of changes, cf. clause 6 of the Terms, shall be deemed to have been received by You if iQniter communicates to You via e-Box, e-mail, telephone number or SMS. iQniter may, in connection with notifications, direct You to obtain further information on, for example, specified websites.

17.4. The failure of iQniter to exercise any rights of these Terms shall not be considered as a waiver of such rights. If any provision of these Terms is considered unlawful or void, these Terms will apply in all other respects excluding the provisions deemed invalid.

18. Contact

You are always welcome to contact Us with questions or comments to these Terms or Our Services. Please find below Our contact information:

iQniter ApS (CVR number 33 75 54 49).

NOVI Science Park,

Niels Jernes Vej 10,

9220 Aalborg O,

and You can contact Us by email at info@iqniter.com.

19. Complaints and disputes

19.1. You have the access to file a complaint to the Center for Complaints (Center for Klageløsning), the House of the Boards (Nævnenes Hus), Toldboden 2, 8800 Viborg, including via the Complaints Portal for the House of the Boards (https://naevneneshus.dk/start-din-klage/) or (e-mail: nh@naeveneshus.dk).

19.2. The European Commission's online complaint portal may also be used in connection with filing a complaint. This is particularly relevant if You are a consumer domiciled in another EU country. You can file the complaint through the following link: http://ec.europa.eu/odr.

19.3. These Terms and the Service Agreement shall be governed by and construed under the laws of Denmark.

Annex 1:

STANDARD WITHDRAWAL FORM

(please complete and submit this form if you wish to use your right of withdrawal)

 

 

*Note: If you purchased your subscription through Apple/Google, cancellations will be handled by Apple/Google.

To:

iQniter ApS

NOVI Science Park,

Niels Jernes Vej 10,

9220 Aalborg O

E-mail: [info@iqniter.com].

I hereby declare that I wish to use my right of cancellation in connection with my purchase agreement on the delivery of the following services

Order No.:

Ordered on:

Consumer’s name:

Consumer’s address:

Consumer’s email address:

Consumer’s telephone number:

Date