General Terms and Conditions Virtuagym

 

Users declare to explicitly agree to these Terms of Use when using a Virtuagym website or any other product or service from Virtuagym. The Terms of Use also apply to all contracts of Virtuagym. Users of the products and contracting parties to which these Terms of Use apply, will each be hereafter referred to as “the user”.

Privacy Policy

Virtuagym values the privacy of its users and therefore values a clear privacy policy. More information can be found in the ‘Privacy Statement’ of Virtuagym.

Use

The use of the products of Virtuagym by a user is only allowed if these Terms of Use and the Privacy Statement are agreed upon by the user. Therefore, by using one or more products of Virtuagym, the user shall be deemed to agree with these Terms of Use (and the Privacy Statement). Virtuagym, however, reserves the right to forbid the use of and/or access to its products to any user without prior notice or reason by, for example, blocking or removing profiles or by blocking IP addresses of computers in case Virtuagym finds this appropriate, such at its own discretion.

Profiles are restricted to natural persons only. Profiles and groups can be removed without prior notice and shall have no recourse against Virtuagym as a result thereof, including, but not limited to, with respect to lost files or information or other direct or indirect damages.

Objectionable Content

Content may not be submitted to the products and Virtuagym moderates all content and ultimately decides whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

Age

In order to use the products of Virtuagym, one must be the valid minimum age in the applicable jurisdiction in order to be able to make a valid and legally binding contract for said products. Persons below said age need the explicit permission from their parents or legal guardian in order to agree with these Terms of Use or make a binding agreement with Virtuagym in any other way. Your access to the products may be terminated without warning if Virtuagym believes, in its sole discretion, that the foregoing has not been complied with.

Offered Information

Although the information on all Virtuagym websites and the information contained within its products – with the exception of the user-generated content – is made with great care and accuracy, reliability and suitability cannot be guaranteed. Therefore, relying on the information on the Virtuagym websites or the information contained within its products, whether or not originating from Virtuagym, is completely at the user's own risk.

Not Medical Advice

The information on Virtuagym websites and in its products is explicitly not meant for replacing medical care, medical advice or support by professionals within other disciplines. Virtuagym products and services should, for example, never be used for self-diagnosis or treatment of ailments and conditions of any person. Users should immediately consult their doctor with any medical questions, complaints and/or symptoms prior to using or continuing to use any products or services of Virtuagym.

By accepting these Terms of Use, the user explicitly recognizes that Virtuagym cannot be held liable for any defects and/or wrong information contained within the information offered in its products or services or on any of its websites nor the possible damage which may occur as a result thereof.

Consult Doctor before Physical Exercise

Performing physical exercise or following a diet plan can pose health risks, including injuries and death. Users who wish to start with any form of physical exercise or a diet plan with Virtuagym products and services must always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience pain or become dizzy or short of breath should immediately stop the physical exercise or their diet plan and contact a doctor for advice.

Rights of Intellectual Property

By accepting these Terms of Use, the user explicitly recognizes that all designs, information, images and other content within any of Virtuagym´s products or services are the property of Virtuagym, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.

Virtuagym grants the user a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use its products as detailed in the applicable Purchase Overview & License Terms (License Agreement) for personal purposes and under these Terms of Use.

It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content referenced above for direct or indirect commercial purposes, unless explicitly agreed in written form with Virtuagym.

The user agrees not to perform any acts that infringe or could reasonably infringe the rights of Virtuagym detailed herein. To the extent that Virtuagym agrees with any third-party to include any of its intellectual property in any product or service of Virtuagym, the user shall have the same rights, responsibilities and restrictions with respect to such intellectual property as those with respect to the intellectual property of Virtuagym as against the user.

Change of “Doing Business As” Name

In the event the user is a business licensing Virtuagym’s software, and desires to change the business name under which it operates, said user shall pay to Virtuagym a one-time (for each such change) transition/administrative fee equal to 99,00 EUR (or $99.00 in the case of U.S. dollars for U.S. clients), excluding applicable taxes, subject to increase for overly burdensome requirements applicable to Virtuagym in connection with facilitating the transition with respect thereto, at its discretion. Payment hereunder shall be due within 14 calendar days of invoice. Any failures with respect to payment may be submitted to one or more collections agencies for processing in addition to the exercise of any other legal rights provided by applicable law. In the event that there is to be an intended successor to the user, user agrees to cause such successor to execute and deliver an assumption agreement, to be supplied by Virtuagym, with respect to the assumption hereof and the applicable License Agreement, which shall be a condition to any release of user’s obligations hereunder and thereunder, to the satisfaction of Virtuagym.

Licensing for Shared Information

The user grants Virtuagym a continued, worldwide, unlimited, irrevocable, non-exclusive license without any extra remuneration by Virtuagym, including the right to sub-license, to all information, including, but not limited to, texts, images, photos, video and sound files, designs and user information, which is uploaded to, shared with or saved within the products or services of Virtuagym or shared with Virtuagym in any other way by the user (hereafter: “the Shared Information”) to use, copy, distribute, transfer, perform, modify, or use, for commercial or other purposes, through all existing media.

Virtuagym shall protect its users’ privacy and act in accordance with applicable European and United States privacy legislation and international data security standards. Virtuagym shall not sell or otherwise share personal data of its users to third parties for marketing and sales purposes, unless in the case of prior written consent by the user(s) of the data involved. More information can be found in the Privacy Statement linked above.

By accepting these Terms of Use, the user guarantees that the Shared Information does not infringe any intellectual property right, privacy or other rights of third parties, does not contravene any applicable law, does not contain pornographic material nor is otherwise offensive, does not constitute a threat or defamation, is free from viruses or other code which is harmful or could be harmful to Virtuagym and has no commercial purpose. The user remains fully responsible and liable for any direct or indirect damage caused to Virtuagym and third parties due to the Shared Information.

User Information and Registration

The user declares that the information provided, in example for registration, is correct and complete and that it will update such information where possible within the products of Virtuagym in case of changes. Any passwords should be stored carefully and may not be shared with third parties.

The user may not grant third parties access to Virtuagym products or services via its own registered account. In case the user shares its account access information with third parties, it will be fully responsible and liable for direct and indirect damage resulting therefrom.

The user agrees that Virtuagym saves, processes and stores all the data provided by the user, including through use of the products. More information can be found in the Privacy Statement linked above.

Communication

Virtuagym may send varying communications to users via the products, including update notifications or reminders, emails or other communications. Users can indicate in the settings to what extent they wish to receive said communications. The user agrees that Virtuagym may approach the user for important changes or updates to the products in case deemed necessary by Virtuagym. Such communication shall in principle never contain any commercial messages from third parties.

Users can communicate with each other within the products, e.g. by placing comments or sending messages or discussing within groups. The user declares not to send spam or any other communications which is undesired by the receiver, being commercial or otherwise, including, but not limited to, threatening, aggressive, obscene, ignominious, offensive, privacy infringing or commercial communications. Any acts contrary to these conditions can – as with the other conditions – result in immediate denial of access and use of the products and services of Virtuagym and termination of the user license.

Virtuagym is at any time free to delete any user communications or other Shared Information without any prior or further notice to the user if these are regarded to be below standard or otherwise inappropriate by Virtuagym.

For all communication and contact via the products of Virtuagym, the following user guidelines apply:
a) Keep it always fun and positive
b) Treat other users with respect
c) Respect opinions of others, even if you do not agree with it
d) Do not place “off-topic” messages within discussions
e) Do not bother people with irrelevant matters
f) Do not advertise for any products or services

Information from Third Parties
The products may contain information from third parties or refer thereto, including but not restricted to information created by users, advertisements, banners and/or website links (hereafter: “Information from Third Parties”).

Information from Third Parties generally is and cannot be previously checked by Virtuagym, which means that we cannot guarantee the quality and validity thereof. Virtuagym is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage that may result from it.
Third Parties may connect to Virtuagym via the API of Virtuagym or obtain access to publicly available data contained within the products, including possibly personal user data that has been published on the products with the user’s permission. Besides that, Third Parties can obtain access to public and closed personal data via the API, when a user explicitly gives permission for it. These Terms of Use and the Privacy Statement of Virtuagym do in principle not apply to Information from Third Parties unless otherwise described therein. These Third Parties may use different general terms and conditions and privacy statements. Virtuagym shall also be entitled to invoice users for any Third-Party fees, costs and expenses necessary to provide the products and services to the user, including any subsequent changes thereto.

Unlawful Information

After a report of unlawful conduct, Virtuagym will investigate the presence of unlawful information in one or more of the products within a reasonable time and will take action against it if possible. Any unlawful communication should be reported directly via e-mail to info@virtuagym.com. This report should in any case contain the following information:
a) The URL where the alleged unlawful information can be found.
b) An explicit statement of the reporter that the material is unlawful and why.
c) In case it is a case of infringement of rights of intellectual property, the reporter needs to substantiate that he / she is the rightful owner of said rights, and to which extent the information infringes said rights.
d) In case the reporter represents someone else, an authorization that allows the reporter to act on behalf of the rightful claimant, signed by the rightful claimant.
e) The reporter’s name, e-mail address, mailing address and phone number.

Paid Products

The listed prices of the products are in Euros or USD, as applicable, and exclude value-added tax, unless explicitly stated otherwise. All listed prices are conditional and can be adjusted without prior notice. User shall direct questions with respect to license fees to support@virtuagym.com.

Increases to the license fee are calculated automatically every month, taking into account the selected modules and other determining information. For example, when the number of coaches applicable to a given user changes from 5 to 7, the program will adjust the license automatically for the following month. Our systems are unable to process decreases in the license fee on an automated basis and therefore any factors that would result in a decrease of the license fee (e.g., decrease in number of coaches or locations) must be communicated to us at support@virtuagym.com at least 14 calendar days prior to any change being able to take effect. No decrease in license fee shall cause the license fee to be less than such amount that was applicable at the start of the then-current one-year license period for the applicable term during such term; provided, however, that beginning with the start of the next one-year license period following such decrease, such fee may revert to that which existed at the start of the previous one-year license period depending on the number of coaches, but no less. Any license fees due will be collected automatically on a monthly basis within up to five days in advance of the invoice period.

The license duration is for a period of 12 months. After 12 months, your license will automatically be renewed for consecutive 12 month periods. Your license can be terminated at the end of every 12 month period, taking into account a required cancellation notice of one month prior to the end of said period.

Any termination, regardless of the reason thereof, shall entitle Virtuagym to require payment of the full amount owed under the applicable License Agreement as if the full license period thereunder had been completed in full.

If an invoice has not been paid within 30 days after it has come due, Virtuagym has the right to increase the total amount payable immediately by 10% and increase this amount by another 5% for each 30-day period that passes in which such invoice remains unpaid, or the maximum amount allowed in a specific country. User is limited to thirty days following issuance of any invoice to object thereto or user shall be deemed to have consented thereto.

The products and services of Virtuagym shall be delivered as soon as possible or within the agreed period after payment. Virtuagym reserves the right to restrict access in the event of repeated non-payment or delayed payments for any product or service. Virtuagym accepts no liability for any damage in case the delivery takes place after the agreed period.

Buying an Ebook

When buying an ebook on business.vituagym.com, there is no refund possible.

Creation of Branded Applications

In addition to any other applicable terms thereto, due to policy changes implemented by Apple with respect to its app store, Virtuagym is unable to publish branded applications with Apple for clients except where (1) client is registered with Apple as a legal business entity (e.g., corporation, LLC) rather than by an individual account and (2) client must have access to an Apple device capable of being used to create a developer account and have such an account and make necessary payments as required thereby. Virtuagym cannot be held liable for changes in policy or actions otherwise made by Apple, which result directly or indirectly in additional costs, decrease in income or other changes which may negatively influence the user.

Modifications to the Products

Virtuagym explicitly reserves the right at any time to modify, stop or change all or a part thereof of one or more of its products or services, for a determined period or in perpetuity, without prior notification or after to the user, whether it concerns paid or unpaid products. This may also result in inaccessibility or loss of a part or the whole of the Shared Information, including the Shared Information of the user. Virtuagym cannot be held liable for any direct or indirect damage resulting thereof. In case of such a modification of the products, for whatever reason, the user will have on his request the (already) paid amounts to Virtuagym or her partners refunded pro rata, subject to the discretion of Virtuagym. For the avoidance of doubt, user shall have no right to pause the license period for any of the products or services; any such action shall be in the sole discretion of Virtuagym.

Modification of Terms of Use

Virtuagym reserves the right to change these Terms of Use at any time. After such a modification, the modified Terms of Use will be offered for inspection immediately on Virtuagym’s website. By using the website and the other products of Virtuagym after changes to the Terms of Use, the user shall be deemed to agree to the modified Terms of Use.

Conformity and Exclusion of Liability

The products and the content thereof are delivered by Virtuagym as such, including potential defects. Neither Virtuagym, nor its representatives, partners or suppliers give any guarantee, explicit or implicit, regarding the functionality of the products or services or any content thereof.

Virtuagym cannot and does not guarantee that the products or services are available at any moment at any location, and that said availability will occur safely, or that any errors will be solved or that the products will be free from viruses or other potentially damaging software or parts.

The user acknowledges that the products may contain potential defects and accepts the risks for any direct or indirect damage that may occur thereof. In no case shall Virtuagym be held liable by user or any third-parties in the case of damages resulting directly or indirectly in the case of any defect in its products or services. Virtuagym’s liability shall in any case be limited to the equivalent of six months license paid by the user or EURO 2,500.00, whichever is less. The user cannot terminate any agreement with Virtuagym based on actual or perceived non-compliance with any term thereof.

Electronic Signature

By using the products or services of Virtuagym the user is deemed to provide an electronic signature so that these Terms of Use apply.

Application and Competence

These Terms of Use replace all prior agreements or commitments with respect to the matters contained herein.

One or more parts of these Terms of Use may not apply in the applicable legal system or be found to be unenforceable. In any such case, the remaining parts of these Terms of Use shall remain valid between the user and Virtuagym.

In the case of users outside of the United States, Dutch Law applies to these Terms of Use. Any disputes which may result herefrom will be exclusively decided upon by the competent court in Amsterdam, The Netherlands. In the case of users located in the United States, the laws of the State of Delaware apply to these Terms of Use. Any disputes which may result herefrom will be exclusively decided upon by the competent court in the State of Delaware, United States.

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