User Terms – iQniter

Effective Date: 25 November 2018

By using our services (the 'Services'), which cover  www.iqniter.com (the 'Web Site'), our dedicated page on my.iqniter.com (the 'Web Site') and iQniter’s training solutions and iQniter Smart Sensors related hereto, You agree to and accept these terms:

1. Introduction

  1. iQniter ApS ('We,' or 'Us) is a leading pioneer of cardio training monitoring and works closely with fitness clubs to help sport enthusiast to improve and optimize their training results. "You" refers to any individual who creates an account on the my.iqniter.com or that uses our Web Site.
  2. Use of our Services require that You accept the terms and conditions detailed below. By approving the terms, You enter into a legally binding agreement with iQniter. We encourage You to read the terms carefully.

2. Personal data

  1. When You use or Web Site and our Services we process Your personal data.
  2. 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 on personal data [Insert link or reference].

3. Cookies

  1. We use cookies when You visit the Web Site.
  2. 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).
  3. For further information about our use of cookies, please visit our policy on cookies.

4. Registration and management of your account

  1. In order to use the Service, You must have a valid Account. To register an Account for the Service, You must provide Us with an electronic mail address and a password. When You create the Account, You will also be asked to provide information to enable the functionality of the services provided (age, gender, height, weight, level of physical activity). You are responsible for ensuring the confidentiality of the data for Your Account, and are fully responsible for all activities under Your Account. You agree to:
    1. immediately notify Us of any unauthorized use of Your Account or any other breach of security, and
    2. Ensure that You exit from Your Account at the end of each session.
  1. We are not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to
    1. provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and
    2. maintain and promptly update the data to keep it true, accurate, current and complete.

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 refuse any and all current or future use of the Service (or any portion thereof).

  1. You represent and warrant that You are at least 16 years of age. No one under the age of 16 may use the Service

5. Use of our service

  1. If activated, the Service records and shows real-time training data such as heart rate and saves the training sessions on the user’s own Account either by the use of Your heart rate device or from the fitness equipment You use at Your fitness club. You may allow us to share Your training data with the fitness club You are exercising for further analysis.
  2. iQniter’s heart rate devices and Services are mainly for physical training and improving Your fitness. iQniter ApS is not responsible for supervising or to perform control in relation to the Services and any user generated content. Also, We do not provide medical advices or opinions for any medical purpose. We are not responsible for Your health and we cannot guarantee that You are able to train. We strongly recommend that You consult a licensed medical professional prior to beginning any exercising programs.
  3. As a user of iQniter Services and products, You may receive important notices about them from time to time. These important notices related to the use of products and Services are not marketing messages, but are essential information concerning our products and 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 of Use or Privacy Policy. We recommend You read these messages, because they may contain important information that applies to You.

6. Termination of services

  1. You may stop using iQniter Services at any time. If You use a subscription service, Your ability to use the service ends when Your paid subscription ends. No refunds are made if You decide to stop using a service before the end of the paid subscription.
  2. To stop using iQniter services, you may close Your account, and on your request Your data will be deleted or anonymized.
  3. The use of Services requires confirmation of Your e-mail address. If You do not confirm Your e-mail address when signing up, Your account will not be created and You cannot login.
  4. If You breach any of these Terms of Use, iQniter may cancel Your user rights, in which case Your account and data will be deleted or anonymized.

7. The rights to the web site and our services

  1. iQniter and/or its partners/suppliers, as applicable, retain ownership of all proprietary rights in the Service and the Web Site and in all trade names, trademarks and service marks associated or displayed with the Service or on the Web Site. When You download any software from Our Web Site or any affiliated third-party web site in relation to the iQniter Apps and/or Web Site, we only grant You a limited, personal, non-transferable and non-exclusive license to use such software.
  2. Further, You agree not to disassemble, reverse engineer, decompile or otherwise attempt to discover any source code, sell, remove, assign, redistribute, transfer any right in, lease, grant any security interest in or any right to any parts of the Services, the intellectual property rights, the software or user generated or submitted content. Furthermore, a breach of this clause may result in sanctions, civil or criminal.

8. User content

  1. As stated above, You may transmit data collected with iQniter heart rate device and/or from the fitness equipment to Your Account. The data collected with and registered by devices and/or equipment is transmitted to the iQniter Services on an as-is basis.   
  2. In addition to the data transferred by You from iQniter heart rate device and/or from the fitness equipment You use at Your fitness club, You may also save or post on some of the iQniter Services content or other material that You have created Yourself, such as images, texts, comments related to the data transferred from the heart rate device and/or from the fitness equipment You use at Your fitness club, 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 iQniter 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”.
  3. By saving, submitting, or transferring content to iQniter Services, You are granting iQniter 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 user 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.
  4. By submitting User Content to the iQniter Services and using the iQniter Services, You represent and warrant that:
    • You own the User Content submitted by You to the iQniter 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 site(s) 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 infringe any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights.
    • You do not use Your iQniter 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
    • You agree not to take action against iQniter in relation to User Content that You submit.
  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 iQniter Services. Please note that privacy laws may protect individuals with respect to their 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 iQniter Services. Any use of iQniter Services and User Content which does not comply with the foregoing is strictly prohibited. iQniter expressly denies any liability arising out of or relating to the User Content.

9. Fees

  1. Certain services are provided to You free-of-charge. Other services require payment before You can access them. The services that may be accessed after payment are currently referred to as the “Premium Service”. The service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our Web Site.

10. Third-party services

  1. iQniter Services may also include an option to share or transfer data to third-party services. iQniter is not responsible for data once it is transferred out of iQniter’s system and 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 service, 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. Disclaimer

  1. THE WEB SITE, THE IQNITER SERVICES, AS WELL AS CONTENT AND USER CONTENT THEREOF, ARE PROVIDED BY IQNITER ON AN “AS IS” AND “AS AVAILABLE” BASIS. IQNITER DOES NOT GUARANTEE THAT IQNITER SERVICES WILL BE UNINTERRUPTED OR ERROR- OR VIRUS-FREE. IQNITER RESERVES THE RIGHT TO REVISE IQNITER SERVICES OR DENY ACCESS TO THEM AT ANY TIME WITHOUT NOTICE TO YOU. 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 IQNITER SERVICES. YOU AGREE AND ACKNOWLEDGE THAT USE OF IQNITER SERVICES IS AT YOUR SOLE RISK. IQNITER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY USER CONTENT.
  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.

12. User’s Responsibilities

  1. You are 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.

13. Force Majeure

  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”).
  2. Force Majeure shall include (but is not limited to) war, emergency situations, 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.

14. Contact

  1. You are always welcome to contact Us with questions or comments to these terms or to our Service. Please find below our contact information:

iQniter ApS (CVR number DK33 75 54 49).

Our address is NOVI Science Park, Niels Jernes Vej 10, 9220 Aalborg O, and You can contact us by email at info@iqniter.com.

15. Entire agreement

  1. These Terms of Use constitute the entire agreement between You and iQniter regarding the use of the iQniter Services. The failure of iQniter to exercise any rights of these Terms of Use shall not be considered as a waiver of such rights. If any provision of these Terms of Use is considered unlawful or void, these Terms of Use will apply in all other respects excluding the provisions deemed invalid.

16. Choice of law and legal venue

  1. These User Terms shall be governed by and construed under the laws of Denmark and the legal venue shall be the City Court of Aalborg.

 

Version 1.0, November 2018