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Svooz Terms and Conditions of Use
Effective Date: June 25, 2021
These Terms and Conditions of Use apply and govern your use of our website and mobile application (the”App”) and are designed to make a positive, law-abiding community of our users. By using Svooz, you’re agreeing to all the terms and conditions below.
This app (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the “Website“) is provided by SVOOZ AS, Kjøpmannsgata 23, 7013 Trondheim, Norway.
You can contact us by email (firstname.lastname@example.org) or by phone using these numbers:
International: +47 924 00 924
Please note the summaries in shaded boxes at the top of most sections are given to generate the Terms easier to comprehend. In the event of a conflict between any summary and any section of the Terms, the Terms will control.
Please feel free to contact us through our Support Team if you have any queries or suggestions.
1. Use of the Services and Your Account
1.1 Who will use the Services
You must be at least 18 years old to use the Services.
1.2 Your Account
You might have to create a Svooz account to access the Services, and it is important that you keep your account accurate and up-to-date (particularly your email address – if you ever forget your password, a working email address is often the only way for us to confirm your identity and assist you log back in).
You may need to enroll for a Svooz account to access or use certain Services. Your account may also automatically provide you access and means to use any new Services.
When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account development and registration process, and keep that information up to date. Otherwise, a number of our Services may not function properly, and we might not be able to contact you with important notices.
You are responsible for maintaining the confidentiality of any and all actions that take place when using your account, and have to notify our Support Team right from any actual or suspected loss, theft, or unauthorized use of your accounts or account password. We are not responsible for any loss that results from unauthorized use of your username and password.
If you’re a resident of the European Union: You have the right to delete your account with us by contacting our SupportTeam. If you decide to permanently delete your account, the non-public Personal Data which we have associated with your account will also be deleted.
1.3 Services Description:
The Service is an online platform that connects people that wants to walk alone or take a trip together.
1.3.1 Trip Alone
Take a trip alone or even join others with the “You never walk alone function” while accepting challenges, doing work-out, practical challenges such as quiz, photo challenges, finding objects, near byt POI – Points of Interest etc.
1.3.2 Invitation to join a trip
One is an initiator of a trip with Users seeking to receive services related to such destinations and activities There are three ways of inviting someone to a trip together.;
A. Trip together
Invite who you want, friends, family, your date,collegues, children, neighbours or club friends by setting up a time and place where the person that gets invited either accept or decline the invitation. The trip can be a predetermined route, particular points or places you pass and even physical and intelectual and practical challenges that you can create. Choose between readymade trips or build a trip yourself.
B. Trip together even if you are in different locations
Invite someone to leave their home at a particular time. You then either walk a minimum chosen distance or the trip just starts and ends when you want. You can see eachothers results and can collaborate about different tasks via a built in walkie talkie function. Pictures taken during a trip can also be uploaded onto social media as a story.
C. Trip challenge
This is a challenge to take a trip. The trip can be done at different times. The results from the trip is shared with the person that challenged you. The person that sent the challenge gets a notification when you start walking. Here you also connect with others via the walkie talkie functionality.
Through the Services, Trip Initiators may create and post profiles (“Profiles”) that provide information about the Trip Initiator’s knowledge and Trip, and may make themselves available to offer certain services to Users at a particular destination (each such service, an “Trip”). Users may select Trip Initiators (or may request that SVOOZ attempt to connect them to a Trip Initiator) to provide the User with an Trip.
There is a leaderboard, either for your group or the specific tour.
You are always able to share your photos and solve challenges together.
Challenges and tasks may include bonuses provided by corporations. You also may offer rewards of your own. Companies can use this service to attract customers by entertaining them; they can even handing out gift cards.
Publish a tour
Participants may publish their outdoor challenge and allow other users to take the tour for free or charge a fee for purchasing the experience.
If you publish a free tour, you can add a gift card from your business to attract clients. If you do not want to add a gift card or do not have your own company, Svooz adds gift cards from our sponsors.
You can also share your tour on your; website via SMS, email, or social media.
You can enter the growing library off quizzes, work out, point to visit, and suggestions for challenges and use for your own experience.
You can record your whole trip and associated tasks. Each participant has a feed for fulfilled tours and activities. All your actions are visible to other Svoozers; if you approve.
1.4 Platform Nature Of The Services:
SVOOZ makes available a platform for Users and Providers to meet online and arrange for Experiences. SVOOZ is not an operator of tours, activities or Experiences, nor is it a provider of tours or activities, and SVOOZ does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. SVOOZ’s responsibilities are limited to: (i) facilitating the availability of the Services; (ii) serving as the limited agent of each Provider for the purpose of accepting payments from Users on behalf of the Provider; and (iii) in certain instances, booking lodging accommodations on behalf of Users as detailed below.
1.5 Modifications To Service:
SVOOZ reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SVOOZ will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
1.6 General Practices Regarding Use And Storage:
You acknowledge that SVOOZ may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on SVOOZ’s servers on your behalf. You agree that SVOOZ has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that SVOOZ reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SVOOZ reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
1.7 Mobile Services:
The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding SVOOZ and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your SVOOZ account information to ensure that your messages are not sent to the person that acquires your old number.
1.8 User Obligations:
As a User, you may create an account that showcase your trip, experience, activities you can lead, and the type of trips or experiences you can help Users plan. Profiles will be made publicly available via the Services, and other Users may contact you based upon the information provided in your Profile. You acknowledge and agree that you are responsible for your Profiles and your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Experience at your request or invitation, excluding the User (and the individuals the User invites to the Experience, if applicable).
You represent and warrant that your Profile and your planning of and/or guidance on any Experience:
– will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies)
– will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any such Experience, including, but not limited to, tourism, tour Provider licensing laws, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties. Please note that SVOOZ assumes no responsibility for any Provider’s or User’s compliance with any applicable laws, rules and regulations. SVOOZ reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that SVOOZ, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
– As a user you are solely responsible for all information in your profile. You are also responsible for all communication with other users. For practical reasons, SVOOZ cannot monitor or control the use of the app at any time. You hereby declare, like all our users, sole responsibility for the legality of your actions in accordance with local law. Each member has declared himself in agreement with these terms and so SVOOZ assumes no responsibility for the actions of the users.
– It is important that you act properly and considerably to the other users. You cannot mislead others by inviting communication with them if they have clearly asked you to quit this. It is your responsibility to ensure that your conduct to other members is legal and in accordance with local law. If you do not comply with this, you automatically resolve SVOOZ from any claims, actions, litigation or prosecutions you may have had against SVOOZ.
– You undertake that your information is not: injurious, defamatory, offensive, threatening or obscene, of a pornographic nature or containing pornography in any form.
– SVOOZ recommends that if users are planning to meet, that they meet and end a session at a public place.
SVOOZ recommends that activities should not pass 23:00 or 11 p.m.
1.9 No Endorsement:
SVOOZ does not endorse any Trips or Experiences. In addition, although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from SVOOZ with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users via the Services regarding any bookings or Trips made by you.
1.10 Service Updates, Changes and Limitations
Our Services are constantly evolving. With the launch of new products, services, and attributes, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also upgrade our Services, which might not work properly if you don’t install the upgrades.
The Services change frequently, and their form and performance may change without prior notice to you.
We may provide updates (like automatic upgrades ) for specific Services as and when we see fit. This may include updates, updates, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not correctly operate should you not install all Upgrades. You acknowledge and agree that the Services may not operate properly in case you do not let such Upgrades and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may alter, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. Additionally, we don’t have any obligation to provide any Updates or to continue to provide or enable any special attributes or performance of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
1.11 Service Tracking and Suspension
We Reserve the right to refuse to offer the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.
We reserve the right, but have no obligation, to monitor any accounts or actions conducted through or in any manner associated with the Services (including inviting a fellow user into a community or group), as well as any user’s use of or access to Personal Data, and profiles of different users.
We may also deactivate, terminate or suspend your account or access to specific Services at any time: (1) if we, in our sole discretion, determine you are or have been in breach of these Terms or the soul thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, decide you’ve created risk or possible legal exposure for Svooz, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We’ll endeavor to notify you by email or the next time you try to access your account after such a deactivation, termination or suspension.
Please Let us know right away if you believe your account has been compromised or hacked.
We care about the safety of our users. While we work hard to safeguard the security of your Personal Data, User-Generated Content, and account, we can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. Please notify our Support Team immediately of any actual or suspected violation or unauthorized access or use of your accounts.
2. Ownership and Use of Content
Content is what shows up in-app or on the site when you use our Services. User-Generated Content is any Content that’s produced by you or other users, and Svooz Content is other Content.
For Purposes of these Terms, (I) “Content” means any kind of information, information or creative expression and includes, without limitation, video, sound, photographs, images, illustrations, animations, tools, text, ideas, communications, replies,”likes,” opinions, applications, scripts, executable files, graphics, geo-data, workouts and workout data, biometric data and information components derived therefrom, meal, or physical fitness training programs, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar resources, patents, sounds, programs and any intellectual property therein, any of which might be generated, provided, or otherwise made available on or through the Services; (ii) “User-Generated Content” means any Content which a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “Svooz Content” means all Content that’s not User-Generated Content.
You Own the Content which you produce, and we own the Content that we create.
All Svooz Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and about the Services belong to Svooz and/or its partners or related third parties. Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she creates, but grants a permit of the User Generated Content to Svooz as explained in Section 2.5 below. Svooz and/or its partners or third parties maintain ownership, responsibility for and/or other applicable rights in most Svooz Content. Except as expressly provided in the Terms, nothing grants you a license or right to use any Svooz Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically approved in writing by us.
2.3 Our Permit to You
You are welcome to access and use the Svooz Content and Services. We work hard to deliver a fantastic experience for our users, so please respect our intellectual property rights and only use the Svooz Content and Services as planned. This includes not using any Svooz Content or Services for commercial purposes without our consent. We do have APIs and other tools you can use to help create your own programs and products. Contact us to find out more.
Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and Svooz Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or commercially exploit any right in the Svooz Content or Services.
2.4 Acceptable Usage
2.4.1 Svooz Content. Except as expressly permitted by applicable law or authorized by Svooz, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or some other Svooz Content provided as part
of the Services (other than User-Generated Content), in whole or in part. You shall not download, copy, or save Svooz Content, except (I) as expressly permitted by the functionality of specific Services as provided for in the specific guidelines or other terms applicable to those Services, or (ii) solely for personal use or your documents.
2.4.2 Commercial Use of the Services. The Services, with the exception of certain goods and services provided though Svooz branded websites we make available as resources for site owners (collectively, the “Commercial Tools”), are intended only for your personal, non-commercial use. You shall not use the Services (other than certain industrial Tools) to sell a product or service, enhance visitors to your own site or a third-party site for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue. By way of example, you shall not take the results from a search of the Services and reformat and display them, or mirror our home pages or results pages on your site. Additionally, you shall not”meta-search” our Services. If you seek to make commercial use of the Services other than through the Commercial Tools, you have to enter into an agreement with us to do so ahead of time. To learn more about the Commercial Tools, please contact us our Support Team. By using some of the business Tools, you acknowledge and agree to the Conditions and any additional terms and conditions applicable to those select Services.
2.4.3 Linking to the Services. If you want to link to our Services on your website or Program, please follow these guidelines: (I) any link to the Services should be a text only link clearly marked”Svooz” (without using any other trademark, logo copyright or any other intellectual property asset owned or controlled by Svooz) or in another format directed by us, (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks, (iii) the link must”point” to the root domain name of the Services and not to other pages within the Services, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Svooz, (v) when selected, the link must display the Service on full-screen and not within a”frame” on the linking website or service, and (vi) we reserve the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of permission, you agree to promptly remove the appropriate link.
2.5 Your License to Us
When you post Content in connection with the Services, it belongs to you – however, you’re giving us unlimited permission to use that Content in connection with our Services and make the Content available to others. We can edit or remove your Content from our Services at any time for any reason. Do not post any Content that is not yours or you do not have permission to post.
When you provide User-Generated Content to Svooz through the Services, you grant us and our customers a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, shop, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to adapt to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content whatsoever we desire; (b) we don’t have any obligation to provide you with any credit when utilizing your User-Generated Content, but if we choose to supply you with credit, the dimensions and position of the credit is at our sole discretion; and (c) you are not eligible for any compensation or other payment from us in connection with the use of your User-Generated Content.
We reserve the right to monitor, remove or alter User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, the Community Guidelines, or our policies.
You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant Svooz the foregoing license for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.
2.6 Spreading the Word
If You share somebody else’s Personal Data with us, you must first get their permission.
We hope you enjoy using our Services and invite you to share your excitement for them with your friends. If you elect to use the features in our Services to inform a friend about the Services, we’ll ask you to supply your friend’s email address or social media profile, which we may then use to speak to your friend about the Services. We may store the information you provide for a period of time, but we’re not going to post this information publicly. You represent and warrant that you’re authorized to supply any third-party contact information that you provide to us for referrals and will indemnify us for any breach of this representation and warranty.
2.7 Content Retention
Please keep in mind that if you make something publicly available on the world wide web, it becomes practically impossible to take down all copies of it in the long run.
3. Community Guidelines
3.1 Interactive Areas
Our Services often contain community characteristics. When you post content through these features that content might become public. We may, but don’t always, track our community features, and ultimately you’re responsible for your interactions with other users.
Some of our Services may include reviews, discussion forums, conversation pages, blogs or other interactive areas or social features that allow you and other users to post User-Generated Content and interact with one another (“Interactive Areas”). You’re solely responsible for your use of the Interactive Areas and for any User-Generated Content you post, including the transmission, accuracy and completeness of this User-Generated Content. As the Interactive Areas are often public, you know your User-Generated Content may be made and stay public. You should, accordingly, never post any Personal Data in an Interactive Area.
We’re entitled, but have no obligation, to monitor our community attributes. We assume no liability or responsibility for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or people who find you because of Content posted on, by or through the Services. Svooz is under no obligation to become involved in and disclaims all liability associated with any disputes involving its users and you release Svooz from all liability and responsibility resulting from or in connection with such dispute.
3.2 Community Guidelines
Our Services are intended to be a safe and supportive environment that will assist you reach your fitness and wellness objectives. You can’t use our services to post inappropriate material, harass individuals, send spam, violate intellectual property rights, or behave inappropriately. Be reasonable and behave responsibly.
Our Services are meant to create a safe and supportive community for all users. To maintain a safe and positive environment, we need everyone to agree to and follow specific rules (the “Community Guidelines”) when posting User-Generated Content and using the Services. Our Community Guidelines are located in many cases on fundamentals of law. Violations of our Community Guidelines may expose you to criminal charges and civil liability. By using the Services you agree that your User-Generated Content and use of the Services, including without limitation the Interactive Areas, won’t violate the Community Guidelines.
No Inappropriate Content. Don’t post Content that’s stalking, threatening, threatening, harassing, abusive, or embarrassing to other members of the community. No derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, or acceptance of violence against any individual or group, even if couched in humor, will be allowed. This includes expressing stereotypes about any community or group. Do not post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or that promotes sexually explicit material. You may respectfully disagree with a message, post or topic, but please do not attack other users by mocking or insulting them. If you are assaulted by another user, and you reciprocate, you may also be subject to the exact consequences.
No Hijacking, Trolling, or Flame-baiting. If you’re participating in our forums, please stay on-topic in an existing thread, and post new threads in the right forum. Taking a ribbon off-topic is considered hijacking.
No Harm to Minors. Do not use the Services in a way that harms minors (or anybody, really).
No Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation of the Services, such as through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources
No Sending Spam and Junk Mail. Do not spam people via posts, replies, or messages.
No Illegal Content. Don’t advocate, promote, or assist any fraudulent or illegal action (e.g., violence, impersonation and computer misuse).
No Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from any third party, such as photos, phone numbers, street addresses, last names, email addresses and passwords at the Interactive Areas.
No Public Posting of Private Conversations. Don’t publicly post an email or private message from any other person, moderator or administrator.
No Breach of Legal Duty. Don’t post Content in breach of any contractual or other legal obligation owed to another party.
No Deceptive or Fraudulent Links. Don’t post deceptive or deceptive links. This includes links with meta descriptions, placing the wrong”source” field in a post, placing misleading click-through links on pictures, or embedding hyperlinks to interstitial or pop-up ads.
No Intellectual Property Infringement. Respect the intellectual property of others. If you aren’t allowed to use someone else’s proprietary work or likeness (either by license or by lawful exceptions and constraints such as fair use), please do not post it. Specifically, if you have some reason to believe User-Generated Content you see on our Services is infringing your intellectual property or the intellectual property of others, please see the Intellectual Property/DMCA section of our Terms.
No Impersonating of Svooz or Others. Don’t post Content that’s very likely to deceive any person or be used to impersonate any individual, or to misrepresent your identity or affiliation with any individual, such as with Svooz. Making an account for the purposes of deceiving other users or to work around a suspension is not allowed and will be grounds for a permanent ban from the Services.
No Automated Querying. Do not send automated queries of any sort to the systems and networks we use to offer the Services without our express written permission.
Other. Don’t Post any Content that contains anything that, we in our sole determination, may determine is objectionable or inhibits any other person from using or enjoying the Services, or which may expose Svooz or our users to any harm or liability of any kind. Don’t post content that may damage or dilute the goodwill associated with Svooz or our, marks and logos.
If we determine you are violating the Community Guidelines or otherwise have breached the Terms, we may take action to address the issue, including, but not limited to, terminating your right to use the Services, eliminating your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to apply, or not enforce, these Community Guidelines in our sole discretion, and they don’t create a duty or contractual responsibility for us to act in any particular manner.
3.3 Reporting Objectionable User-Generated Content
People Do post unsuitable content on user-generated content sites. We do our best to keep the community safe and protected (users respecting the Community Guidelines helps), but you still may run into bad content before we have a chance to take it down. If you spot anything objectionable, please let us know.
While We require all of our users to abide by the Community Guidelines and reserve the right to monitor for violations, we finally can’t guarantee all users will comply with the Community Guidelines or these Terms at all times. We have the right, but not the duty, to review and take actions or eliminate any User-Generated Content you report. You understand and acknowledge that if you access or use the Services, you might be subjected to User-Generated Content from a variety of sources, and we aren’t responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or about such User-Generated Content.
We’re not responsible or liable for any injury or injury to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Community Guidelines.
4. Intellectual Property/DMCA
We respect intellectual property laws. If anything is wrong, please send an email with all the details to email@example.com.
If you think User-Generated Content or Svooz Content infringes copyright or trademark under U.S. or other national law, please notify us immediately using the contact information provided herein. Please provide us with the following information in your notice of a suspected violation:
– Identification of the substance being infringed.
– Identification of the material that is claimed to be infringing, including its place, with adequate detail so that we are capable of finding it and confirming its presence.
– Contact Information for the notifying party (the “Notifying Party”), including title, address, phone number, and email address.
– A statement that the Notifying Party has a good faith belief that the material isn’t authorized by the owner, its agent or law.
– A statement made under penalty of perjury that the information provided in the notice is true and that the Notifying Party is authorized to make the complaint on behalf of their operator.
– A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.
Company reg. no: 925 181 390
You Acknowledge that if you don’t comply with all the requirements Of this section, your notice might not be valid. Some information Provided in a notice of violation may be forwarded to the user who In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents Please see www.copyright.gov for more information about how to prepare or respond to a DMCA notice And/or www.uspto.gov/trademark for more information about trademark rights.
5. Third Party Links and Services
Our Services may link to, interact with or be available on third-party services or products such as social media and third-party devices. If you access such third party services or products, be aware that different terms and privacy policies apply to your use of such services.
5.1 Social Networking and Logins
5.2 Third-Party Applications
You May be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities (“Third-Party Applications”) through our Services. If you decide to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Software, your access and use of such applications is entirely at your own risk, and we have no associated liability. Additionally, 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 responsible 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.
5.3 Third Party Products
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., fitness trackers, smart scales, etc.). 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 don’t guarantee that Third-Party Products will work with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products provided by our partners.
6. Mobile Services
While We endeavor to make the Services available on several platforms, we can not guarantee that the Program works with your device (though please allow Customer Support know if you have a question or problem; we would like to help). If you use the App, your standard messaging and data rates will apply, and the rules of this app store from which you’re downloading will also apply.
6.1 Wireless Carrier and Apparatus Considerations
To access or use our App, you’ll need a compatible device. We can’t guarantee the App will be compatible with, or accessible on, your device. We don’t charge for use of the Program. Your phone company’s normal messaging, data, and other rates and fees, however, will still apply.
6.2 Mobile Application License
We hereby grant you a limited, private, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Program downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for legal purposes. With respect to any open source or third-party code that may be incorporated in the App, such open source code is covered by the applicable open source or third party license EULA, if any, using such code.
6.3 App Stores
If You download the Program 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 Svooz and the App Provider, Svooz is solely responsible for its applications;
– The App Provider has no obligation to provide any maintenance and support services with respect to the Program;
– In the event of any failure of the Program to conform to any applicable warranty, (I) you may notify the App Provider and the App Provider may refund the cost for your App to you (if applicable), (ii) to the maximum extent allowed 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 Svooz and the App Provider, Svooz’s responsibility;
– The App Provider is not responsible for addressing any promises you have about the App or your possession and use of the App;
– If a third party claims the Program infringes another party’s intellectual property rights, as between the App Provider and Svooz, Svooz will be responsible for the investigation, defense, settlement and release of any such claim to the extent required by these Conditions;
– The App Provider and its subsidiaries are third party beneficiaries of these Terms as it relates to your license to the Program. Upon the acceptance of these Conditions, the App Provider will be entitled (and will be deemed to have accepted the right) to enforce these Conditions as related to your permit of the App against you as a third-party beneficiary thereof; and
– You also have to comply with all applicable third party terms of service while using the App.
7. Paid Services
If you decide to subscribe to some of our improved, paid services like our Premium Subscriptions, these will be the charging and payment terms that apply. Paid billing and services may auto-renew unless you cancel.
7.1 Payment Terms
We offer certain premium versions of the Services (e.g., Premium Subscriptions) (the “Premium Services”) for a fee. By signing up for and using the Premium Services, you agree to our Terms, and any additional terms and conditions provided here. In addition you agree to waive your 14-day right of withdrawal right now you subscribe to the Premium Services to the maximum extent allowed by applicable law, so that you are able to instantly access them.
The Premium Services provide you access to specific enhanced content, features and functionality (e.g., placing macros by g, an ad-free experience and daily ). By signing up for and using the Premium Services, including signing up for Free Trials of the Premium Services, you agree to pay any fees or other incurred charges that apply to the Premium Services (such as ongoing subscription fees).
When You sign up for the Premium Services, you have to designate and provide information about your preferred payment method (“Payment Method”). This information has to be accurate and complete, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the proper fees charged for the Premium Services and for any other purchases you elect to create via the Services.
You can choose to pay for the Premium Services on a monthly or annual basis. Unless otherwise stated, all fees due for the Premium Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Premium Service interval, as applicable. Unless otherwise stated, Premium Services will auto-renew until you decide to cancel your access to Premium Services. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in compliance with the rules governing each Premium Service.
7.2 Termination or Cancellation of Premium Services
If you don’t pay the fees or charges because of your use of the Premium Services, we may make reasonable efforts to notify you and solve the problem; however, we reserve the right to disable or terminate your access to the Premium Services (and may do so without notice).
You can cancel the Premium Services at any time. More information on the best way to cancel can be found here. As soon as you’ve cancelled your Premium Service and received confirmation, no additional changes can be made to your account. The cancellation of a Premium Service will go into effect at the end of your current billing cycle, and you’ll have the exact same level of access to the Premium Service through the rest of these billing cycle. By way of instance, if you’re charged on a monthly basis and cancel during a given month, you’ll be billed for the entirety of that month and maintain access to the Premium Service through the end of that month.
There are no refunds for cancellation or judgment of your Premium Service. If you no longer wish to sign up for a Premium Service, it is your responsibility to cancel your Premium Service in due time, no matter whether you actively use the Premium Service.
7.3 Fee Changes
To the maximum extent permitted by applicable laws, we may change our costs for Premium Services at any time. We will provide you reasonable notice of any such pricing changes by posting the new prices on or via the applicable Premium Service or by simply sending you an email notification. If you don’t want to pay the new prices, you can cancel the applicable Premium Service before the change going into effect.
7.4 Discount, Coupon or Gift Codes
If you have received a discountcoupon or gift code to a Premium Service, the following terms and conditions apply in addition to the stipulations of the specific code. To redeem a discount or coupon code, log into Svooz and enter the applicable code to take advantage of the applicable promotion. All discounts,
gift and coupon codes can only be implemented when subscribing to Premium Services, and to accounts not already subscribed to Premium Services. Discount, coupon and present codes cannot be combined with any other sales, promotion or voucher, and can’t be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method might have to redeem a discount or coupon code. It is your responsibility to use a discount, coupon or gift code until it expires, and died codes can’t be refunded or extended. It’s also your responsibility to terminate the Premium Service before the end of a discounted or free period if you do not wish to continue using a Premium Service at the regular price. The terms and conditions of a specific discount, gift or coupon code may include additional restrictions on its use, including but not limited to the kind of plan, duration of free or discounted Premium Service, coupon validity dates, and/or purchase quantities. Svooz reserves the right to cancel discounts and coupon promotions at any time.
7.5 Free Trials
We occasionally offer free trials of our Premium Services or other promotional offers (each a “Free Trial”). A Free Trial gives you access to the Premium Services for a time period, with details given when you sign up for the offer.
In order to register for a Free Trial, you might have to give us your preferred Payment Method. As soon as you submit your payment information, your Free Trial will start. You won’t be billed until the Free Trial period ends.
Unless you cancel prior to the end of the Free Trial, or unless otherwise stated, your access to the Premium Service will automatically continue and you’ll be billed the applicable fees for that Premium Service with the Payment Method you supplied. All incurred charges are non-refundable and final, except at our sole discretion and in compliance with the rules governing each Premium Service. We may send you a reminder when your Free Trial is about to end, but we don’t guarantee any such alarms. It is ultimately your responsibility to know when the Free Trial will end if you decide you don’t want to become a paying Premium Services user after the Free Trial period.
If you decide you do not wish to become a paying Premium Services user, you must cancel your subscription before the end of the Free Trial period. Based on the applicable Premium Service, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you’ve cancelled your Free Trial and received verification, you can’t restart the Free Trial period even though it wasn’t used for the entire duration of the offer.
Premium Service features and content may change at any time, and we can’t guarantee any particular feature or articles will be accessible for the entire Free Trial period. The prices 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 conditions without notice and with no liability. You may not sign up for more than one Free Trial of a given Premium Service at precisely the exact same time, and we reserve the right to limit your ability to benefit from multiple Free Trials.
8. Fitness and Wellness Trips and Dietary Guidance
It’s Important to us that consumers stay healthy while attaining their fitness and wellness goals. We provide our Services for information purposes only, and can’t be held liable if you suffer an injury or experience a health condition. Specifically, while most of the content posted by the other users in our community is useful, it is coming from strangers on the Internet and should never trump decent judgment or actual medical advice.
8.1 Safety First
Svooz Cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any fitness or health regimen-oriented Content or any dietary program-oriented Content (“Programs”). By using our Services, you agree, represent and warrant that you have received approval from your physician to participate in the Programs, or any of the related tasks offered to you in connection with the Services. Further, you agree, represent and warrant that you have consulted with your physician prior to making any dietary changes based upon information available through the Services. Everyone’s condition and skills are different, and participating in the Programs and other activities promoted by our Services is at your own risk. If you decide to participate in the Programs and these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. The Programs and other activities promoted by the Services may pose risks even to those that are currently in good health.
You expressly agree that your athletic activities, which may generate the User-Generated Content you post or try to post on or through the Services (e.g., workouts , etc.) carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown dangers related to these activities.
Except as otherwise set out in these Terms, and to the maximum extent allowed by applicable law, we’re not responsible or liable, either directly or indirectly, for any injury, sickness, or damages sustained from the use of, or inability to use, any Services or features of the Services, including any Content or actions you access or learn about through our Services even if caused in whole or part by the actions, inaction or negligence of Svooz or others.
8.2 Discalimer Regarding Accurancy and Reliance on Content
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no comittment to update such content.
Additionally, User-Generated Content, such as information, statements, or other information, including, without limitation, food, nutrition, dietary advice, exercise or training advice, athletic activities, and workout database entries, are not created by Svooz, and shouldn’t be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the consumer from whom User-Generated Content originated. All information is provided”as is” with no representation, warranty or condition as to its accuracy or reliability.
Not all users who might identify themselves as professional coaches or certified dieticians are licensed in all applicable jurisdictions. Svooz has no and assumes no obligation to verify that consumers who identify themselves as licensed coaches or dieticians are actually licensed. If you hold yourself out as a licensed trainer or dietician, you represent and warrant that you’re actually licensed for the services you provide in the jurisdiction in which you offer your services. Users should also bear in mind that even when a user is a licensed trainer in 1 jurisdiction that does not mean the trainer user is licensed in the jurisdiction from which other users get the trainer user’s advice. Accordingly, relying upon any advice provided by other users is at your own risk. To the extent allowed by applicable law, under no circumstances will Svooz be responsible or liable for any loss or damage resulting from the reliance on information or advice given by any user of our Services.
8.3 Non Medical Advice
All services provided by, in and/or through the Services (including but not limited to Content) are for informational purposes only. Svooz isn’t a medical professional, and Svooz doesn’t provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND SVOOZ.
You should seek the advice of a physician or a medical professional with any questions you might have regarding your health before beginning any dietary programs or programs, exercise regimen or another fitness or health activities or plans that could be referenced, discussed or provided under the Services. If you are being treated for a health condition or illness, taking prescription medication or following a therapeutic diet to treat a disease, you should check with your doctor before using the Services. You represent to us (which representation will be deemed to be made each time you use the Services), that you’re not using the Services or participating in some of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the Services, you will consult your physician, especially if you’re at risk for problems caused by exercise or changes in your diet. If any information you get or obtain from using the Services is inconsistent with the medical advice from your doctor, you need to follow the advice of your doctor.
The Premium Services provide you access to certain specialized Content–namely training and advice on fitness regimens and meal preparation (“Plans”). The Plans are not a medical or another type of health service. No diagnosis or treatment of, or information regarding, any health or dietary condition is delivered from
the Plans. The Plans aren’t a substitute for, and are not an alternative to health care diagnosis and treatment when a health or dietary condition or illness is present. You should look for diagnosis, treatment and advice regarding dietary or health conditions or illnesses from doctors practicing medicine and other licensed healthcare professionals. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE PLANS.
8.4 Success Stories Not Typical
Success stories posted by users or Svooz on our Services may not represent typical or even accurate results obtained from any particular fitness activity or diet. To the extent permitted by applicable law, Svooz has no and assumes no obligation or liability connected with the accuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in any user success stories.
The Services are meant to provide you with information to encourage you to support your wellness and fitness activities. Some of the Services are geared toward monitoring your physical movements and sleep activity (“Activity Tracking Services”). These Activity Tracking Services rely on sensors and/or GPS performance that track your movement or body . The data and information provided by the Activity Tracking Services are intended to be a representation of your action, but might not be totally accurate, including with respect to measure, sleep, space, or calorie data. By utilizing Activity Tracking Services, you acknowledge and agree that Svooz isn’t responsible or liable for any inaccuracy in such information.
If you’re a resident of New Jersey or the Netherlands:
Notwithstanding Anything herein to the contrary, nothing in these Terms limits or Excludes our responsibility for losses or damages caused by Svooz’s own fraud, recklessness, gross negligence or willful misconduct.
9. Modifications to the Terms
As the Services grow and improve, we may have to make adjustments to these Terms and Conditions.
9.1 Updates to these Terms
We reserve the right to alter these Terms by (I) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the Svooz website or in -app). Modifications will not apply retroactively unless required by law.
We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such situations, modifications will be effective at the time of your agreement to the modified version of the Conditions. If you do not agree at that moment, you’re not permitted to utilize the Services. In circumstances where we don’t ask for your explicit agreement to a modified version of the Terms, the altered version of the Terms will become effective as of the date specified in the conditions. Your choice to keep an account, access or use the Services (regardless of whether you make an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you don’t agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
10. No Warranties
EXCEPT WHERE PROHIBITED BY LAW, SVOOZ EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent allowed by applicable law, we make no warranty about the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent allowed by applicable law, we don’t warrant that (I) the Services will meet your needs or provide specific effects, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful components or (iii) errors will be corrected. Any oral or written information provided by our agents or us does not and will not create any warranty. To the maximum extent allowed by applicable legislation, we also make no representations or warranties of any kind with respect to any Content; User-Generated Content, specifically, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or via the Services, will create any warranty not expressly made herein. Limitation of Liability
11. Limitation of Liability
We are building the best Services we can for you but we can not promise they will be perfect. We’re not liable for a variety of things that could go wrong because of your use of the Services.
To the maximum extent allowed by applicable law, under no circumstances (including, without limitation, negligence) shall Svooz, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or Content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or material; or (e) damages in any manner relating to any Third-Party Content or Third-party Products accessed or used via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Svooz was advised of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent allowed by applicable law, the total liability of Svooz, for any claim under these Terms, including for any implied warranties, is limited to the greater of five hundred dollars (us $500.00) or the amount you paid us to use the applicable Service(s) in the previous twelve months.
In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services, (b) the use, disclosure, display, or maintenance of a user’s Personal Data, (c) any other interactions with us or any other customers of the Services, even if we have been advised of the possibility of such damages, or (d) additional Content, information, goods or services received through or advertised on the Services or received through any links provided with the Services.
To the extent permitted by applicable law, you acknowledge and agree that we provide the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, these warranty disclaimers, releases, and limitations of liability reflect a fair and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to offer the Services to you on an economically reasonable basis with no warranty disclaimers, releases, and limitations of liability.
If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says”a general release doesn’t extend to claims which the creditor doesn’t 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.”
If you’re a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for damages or losses caused by Svooz’s own fraud, recklessness, gross negligence or willful misconduct. Indemnification
If you are a resident of the USA or any location other than France or Germany: To the maximum extent allowed by applicable law, you agree to indemnify and hold Svooz, its partners and affiliates harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you share or access through the Services; (b) your use of the Services, (c) your activities in connection with the Services, (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any user’s Personal Data, (g) any breach of the rights of any other individual or entity by you, or (h) your employment of the Services to meet another user in person. We reserve the right, at your own expense, to assume the exclusive defense and control of any matter for which you’re required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
If you are a resident of France or Germany: Notwithstanding the preceding paragraph, you agree to indemnify and hold Svooz, its affiliates and partners harmless from any claim or demand as result of your negligent or intentional behavior, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the Content (including User-Generated Content) you access through the Services; (b) your violation of these Terms, (c) your use or misuse of any user’s Personal Data, (d) any violation of the rights of any other person or entity by you, or (e) your employment of the Services to meet another user in person. We reserve the right, at your own expense, to assume the exclusive defense and control of any matter for which you’re required to indemnify us under the Conditions, and you agree to cooperate with our defense of these claims.
If you’re a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of Svooz’s own fraud, recklessness, gross negligence or willful misconduct.
13. Governing Law
If You’re a resident of the United States or any non-European Union location: These Terms will be governed by and construed in accordance with the laws of the New York and controlling U.S. national law as applicable, without regard to its conflict of law principles.
If you are a resident of the European Union: These Terms shall be governed by and construed in accordance with the laws of the Norway without regard to its conflict of law principles.
14. Disputes and Arbitration, Class Action Waiver, Jurisdiction and Venue
If you are a resident of the United States:
YOU AND SVOOZ AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (A “DISPUTE”) TO BINDING ARBITRATION. To the maximum extent allowed by applicable law, you and Svooz agrees that any disputes arising from or related to your use of the Services (a“Dispute”) will be resolved by binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, such as monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. Such dispute resolution proceedings will be conducted only on an individual basis and not in a course, consolidated
or representative actions. Except where prohibited, we and you agree to submit to the personal and exclusive arbitration of Disputes relating to your overall use of the Services under the Consumer Arbitration Rules of the American Arbitration Association. Please see www.adr.org for more information about arbitration.
Any arbitration between you and us, to the extent necessary, will be conducted remotely as provided below.
The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. The arbitrator will determine all issues regarding the enforceability, interpretation, scope, and application of this Arbitration Agreement (including”gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms, except that a court may resolve any question about the validity or enforceability of the class action waiver set forth in this Arbitration Agreement. The term”Dispute” and the necessity to arbitrate will be widely interpreted.
Both you and we agree to comply with the following principles, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
– The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific way to be chosen by the party initiating the arbitration;
– The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
– Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
You also acknowledge and understand that, with respect to any dispute with us arising from or relating to your choice to Keep an account, use or access the Services:
– You are giving up your right to have a trial by jury;
– You’re giving up your right to function as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any litigation involving any such dispute; and
– You have to file any claim within one (1) year after such claim arose or it is forever barred.
Payment of all filing, administration and arbitrator fees will be regulated by the American Arbitration Association’s rules. Svooz will reimburse you for those fees up to $5,000, unless the arbitrator decides your claims are frivolous. Likewise, Svooz will not seek attorneys’ fees and costs in arbitration unless the arbitrator decides your claims are frivolous.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH MYFITNESS PAL THAT CONTAINED AN ARBITRATION PROVISION.
The opt-out notice must state that you don’t agree to this Arbitration Agreement and must include your name, address, phone number and email address. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply with this process and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of this arbitration provision, all other parts of the Arbitration Agreement will continue to apply.
Whether this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts situated in New York, New York, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and Svooz agree that if for any reason a Dispute profits in court rather than arbitration: (1) you and Svooz waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative foundation; and (3) neither you nor Svooz might be a class representative or class member or otherwise participate in any class, representative, merged, or private attorney general proceeding.
This agreement to arbitrate will not preclude you or Svooz from seeking provisional remedies in aid of arbitration, including without limit orders to remain a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Svooz from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Svooz’s intellectual property rights.
If You are a resident of the European Union: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Svooz can’t solve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these Terms, we don’t take part in any ADR scheme.
– In addition, nothing in these Terms limits your rights to bring an action against Svooz from the local courts of your place of domicile. All disputes arising under the conditions between you and Svooz will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts situated in the Netherlands, and you and we hereby submit to the personal jurisdiction and venue of these courts.
If You are a resident of Finland: Notwithstanding anything in these Terms to the contrary, if there’s a dispute that you and Svooz can’t resolve, you have the right to submit a complaint to the local Consumer Disputes Board or other corresponding body.
If You are a resident of Denmark: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Svooz cannot solve, you have the right to submit a complaint to the Danish Competition and Consumer Authority (Konkurrence- og Forbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby, mail: firstname.lastname@example.org).
If You’re a resident of South Korea: Notwithstanding anything in these Terms to the contrary, nothing in these Terms restricts your rights to bring an action against Svooz in the local courts of your place of domicile.
15. International Terms
If you are not a United States resident and you’re accessing our Services from outside america, you consent to transfer certain information out of your place to us, and that you will follow all of the laws that apply to you.
We give our Services for a global community of users. Our operations and servers are, however, located mostly in the United States, and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (I) you agree to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and from america and/or other nations; (ii) if you are using the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of”Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the area in which you reside and the location where you access the Services. The Services aren’t intended for distribution to, or use by, any individual or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which would subject Svooz or its affiliates to any registration requirement within such jurisdiction or place.
If you are a resident of the European Union, Hong Kong (SAR of China), Russia, New Zealand or South Korea: Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not be applicable to you.
If you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.
If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these Terms to the contrary, the qualifier”to the maximum extent allowed by law” and other qualifiers of similar effect will be deemed to be deleted from the Terms everywhere it appears and will have no force and effect.
If you are a resident of Japan: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Contract Act.
If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, any alteration to these Terms will be announced on the website prior to the effective date provided should you not express intent to refuse such alteration or change after a reasonable period of time after such statement, it is deemed that you have consented to such modification or change.
If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 8 (Fitness and Wellness Activities and Dietary Guidance), 10 (No Warranties), 11 (Limitations of Liability), 12 (Indemnification), 14 (Disputes and Arbitration, Jurisdiction and Venue), and 16 (Survival).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the conditions or your use of the Services. The Terms constitute the entire agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
You may not assign, assign, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We’ve got the right, in our sole discretion, to transfer or assign all or any part of our rights under
these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g.,”junk” or”spam” folder) or if you don’t update your email address. Notice will be considered received forty-eight hours after it is sent if sent via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
18. Contact Us
If you’ve got any comments, questions or comments about the Services, please contact our Support Team as detailed here by email or by mail at: Svooz AS, Kjøpmannnsgata 23, 7013 Trondheim, Norway, and include the subject as”Attn: –Svooz Terms and Conditions of Use”. Please make certain to include in any email or postal mail your full name, email address, postal address, and any message.
NO 925181390 mva