Kinexit's Terms of Service
Last updated: 24 May 2018
These Terms of Service (“Terms”) constitute an agreement between you as a user and Kinexit Nordic AB (reg. no. 559097-5032), a company incorporated under the laws of Sweden.
If you wish to use the Service as an Expert, please contact us for more information. An additional agreement may be required to use the Service as an Expert, as instructed by us.
These Terms govern the use of the Service and shall apply to all End-Users and Experts using it.
"Expert" means a coach or personal trainer (or similar) using the Service to provide its services to End-User. Expert can either use the Service as an individual or on behalf of a legal entity.
"End-User” means an individual using the Service.
"Service” means the services provided by Kinexit for training and exercise purposes that we provide in accordance with the Terms, including but not limited to our website, currently provided at www.kinexit.com
"Terms” means these Terms of Service.
"we”, “us” and "our” means Kinexit.
"you” and "your” means End-User or Expert, depending on in which capacity you are using the Service.
"Kinexit” means Kinexit Sweden AB.
Kinexit and you may hereinafter also be referred to individually as "Party" and collectively as "Parties".
2 ACCEPTANCE OF TERMS
- 2.1 Prior to using the Service, you must have read, understood and accepted the Terms. By checking the “I accept” box during account sign-up, you agree to strictly adhere to the Terms and to be legally bound to the Terms in relation to us.
- 2.2 If you use the Service on behalf of a company or other legal entity, you represent and warrant that you have full authority to legally bind the company or other legal entity to the Terms, and to strictly adhere to the Terms when using the Service.
- 2.3 If you are under 18 years old, or under the legal age in your country of residence, you may only use the Service if agreed to by a parent or legal guardian. In such case, your parent or legal guardian agrees to be legally bound by the Terms. If you are under 13 years old, you may not use the Service.
- 2.4 If you do not agree to the Terms or any updated version of it, you may not use the Service.
- 2.5 You can access the latest version of these Terms at any time on the Service.
3 ACCOUNT CREATION
- 3.1 In order to get access to the Service, you need to create an account. When creating the account, you can choose to provide us with the account details directly, or use your Facebook or Google account. If you use such an account to login, Facebook or Google (as applicable) will share certain information with us as specified during login, such as your name and e-mail address.
- 3.2 You are responsible for providing accurate, current, and complete information in connection with the registration. You acknowledge that the account details provided are true and correct and that, when necessary, you will update your account details so that they remain true and correct.
- 3.3 You are solely responsible for maintaining the confidentiality of login information. We shall have no responsibility for any unauthorized use of your account.
4 USE OF THE SERVICE
- 4.1 The purpose of the Service is to provide training and exercise inspiration, as well as to facilitate the connection and interaction between End-Users and Experts for training and exercise purposes.
- 4.2 We offer two different versions for End-Users use of the Service, Basic and Essentials. The Basic version is a limited version of the Service, while the Essentials version offers additional functionality, as indicated in the Service.
4.3 For an End-User to interact with an Expert through the Service, the End-User account must be connected to the specific Expert. For End-User to connect its account to a specific Expert:
- (a) End-User can link its account with a specific Expert as instructed in the Service, or
- (b) End-User can receive an invitation from an Expert to use the Service.
- 4.4 We are not part of any agreement between End-User and any Expert. Any claim relating to the interaction between End-User and any Expert are to be directed towards the relevant End-User or Expert, as the case may be, not towards Kinexit.
- 4.5 You undertake to use the Service in accordance with applicable law and regulation, and may not use the Service in any way that causes us or any third party harm. Further, you are responsible for any content provided by you, and that such content does not violate any applicable law or regulation.
- 4.6 You may not use the Service to communicate or publish information (including but not limited to any content provided by you) that infringes or violates someone else’s right (copyright, trademark, or other intellectual property right), information that may violate the integrity of, intimidate or offend another person, information that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination and/or racial agitation).
- 4.7 In the event any content provided by you contains personal data about any individual other than you, you are responsible to collect the consent by such individual(s) prior to posting such content on the Service.
- 4.8 You will not, nor allow any third party to copy, distribute, sell, lend, rent, transfer, convey, modify, decompile, disassemble, perform data mining, or reverse engineer any parts of the Service, nor try to get access to the source code.
- 4.9 You acknowledge and agree that Kinexit, and any third party Kinexit may cooperate with, owns all right, title and interest to the Service and the data included therein, including all patents, copyrights, trade secret and other proprietary rights thereto, unless explicitly stated otherwise in the Terms.
- 4.10 Your account is for your own use. You may not authorize others to use the account and may not assign or otherwise transfer the account to any other person or entity.
- 4.11 You warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government or European Union list of prohibited or restricted parties.
5 FEES AND PAYMENT
5.1 The use of the Service is subject to a subscription fee. We offer two different subscriptions based on End-Users’ choice of version for the Service:
- Basic: A subscription fee for the limited version of the Service.
- Essentials: A subscription including all available end-user features of the Service.
- 5.2 If you wish to use the Service as an Expert, please contact us with an enquiry, unless otherwise instructed in the Service.
- 5.3 When you create an account as an End-User, you may be entitled to a free trial period, as indicated in connection with your account creation. The purpose of the trial period is to allow new end-users to try the Service. If your account is not terminated prior to the end of the trial period, your first payment for the Service will be deducted from the payment method chosen by you.
- 5.4 Experts may provide End-User with a promo code to use the Service. In such case, the Expert may have prepaid End-User’s account as specified when entering the promo code in the Service. User may in such case use the Service for the period prepaid by the Expert. Thereafter, End-User may either receive an additional prepaid period by the Expert, pay for its own subscription for the Service, or cease to use the Service.
- 5.5 The fee for the available subscriptions are stated in the current price list, as available on the Service. All prices are either exclusive or inclusive of VAT as informed when making a purchase.
- 5.6 The first payment for End-User’s subscription shall be made in connection with account creation or following the end of the trial period, as the case may be. The subscription is either billed on a monthly or yearly basis, as chosen by End-User. The recurring subscription fee will then be charged or invoiced monthly or yearly in advance, depending on End-User’s payment plan.
- 5.7 You may at any time request a change to the other version of the Service. An upgrade from Basic to Essentials will apply from the time of payment. If you downgrade from Essentials to Basic, your Essentials subscription will continue to apply until the end of the then active billing period. Thereafter, the account will be downgraded as applicable.
- 5.8 Payment shall be made with one of the payment options as available at any given time on the Service. Payments are handled by a third-party provider. We do not handle any payment data for such payments, for example credit card details. For more information regarding the payment services available on the Service, please visit the website of the third-party provider providing the payment method.
- 5.9 You may also choose to pay by invoice as available. In such case, you will be invoiced on net 15 days payment terms for all fees arising out of your use of the Service. In case of late payment, we are entitled to interest in accordance with Swedish law.
- 5.10 We may suspend your access to the Service if an invoice remains overdue after the final date for payment. We shall have no liability for delay or damage caused by such cancellation or suspension, and it does not limit our right to claim damages or terminate your account due to lack of payment.
- 5.11 We are entitled to adjust our prices, by giving you a 30 days prior written notice. If you continue to use the Service after such notice period, you will be deemed to have accepted the adjusted fees.
6 LICENSE GRANT
- 6.1 If you upload any content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable right to use, publish, modify, prepare derivative works from, make available to the public and display such content, for as long as you hold an account with us.
- 7.1 You warrant that any content provided by you is free from any third-party dependencies or third-party rights and that you have the right to grant us the license as defined in the Terms. Consequently, you warrant that our use of your content will not infringe any third party intellectual property rights.
- 7.2 You warrant that your content is in compliance with the Terms and all applicable laws and regulations.
- 7.3 If you are notified of or otherwise receives knowledge of any claims related to the aforementioned warranties, you shall immediately inform us and assist us in any actions as we may see fit.
8 INTELLECTUAL PROPERTY RIGHTS
- 8.1 All copyrights, trademarks and other intellectual property rights (registered and unregistered) in and to the Service are reserved by us and/or third parties. Nothing in the Terms grant you a right or license to use any trademark, copyright or other intellectual property right owned or controlled by us or a third party, unless explicitly granted herein.
- 9.2 If Expert extracts any personal data from the Service relating to any connected End-User, the Expert is the data controller for Expert’s processing of such personal data. For the avoidance of doubt, if Expert extracts personal data from the Service, Expert shall be solely responsible for the lawfulness of such processing in accordance with applicable data protection laws (including, without limitation, the General Data Protection Regulation), including any imposed sanctions and liability towards the End-User.
- 9.3 If you as an Expert are located outside of EU/EEA, the European Commission’s Standard Contractual Clauses in Appendix A apply to the sharing of connected End-Users’ personal data to the Expert. By checking the “I accept” box during account sign-up, Expert agrees to strictly adhere to Appendix A and to be legally bound to Appendix A in relation to us.
10 DURATION AND TERMINATION
- 10.1 These Terms will take effect when you register an account, and is valid until further notice. You may terminate the account at any time, thus ending your right to use the Service. The Terms will apply until your account has been closed. Information on how to close the account can be found in the Service.
- 10.2 If you terminate the account with a valid subscription, the subscription will promptly end without any refund.
- 10.3 We reserve the right to, in our sole discretion, terminate your account and the right to use the Service without any liability economically or otherwise in relation to you.
- 10.4 If your account is terminated, we may in our sole discretion delete all content relating to your use of the Service.
11 NO WARRANTY
- 11.1 THE SERVICE AND ANY CONTENT CONTAINED AND MADE AVAILABLE VIA THE SERVICE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS, OR OTHER ITEMS ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE”.
- 11.2 WE DO NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FOR THE SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THE SERVICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS ON THE SERVICES WILL BE CORRECTED.
12 LIMITATION OF LIABILITY
- 12.1 WE WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE. YOU EXPRESSLY AGREE TO HOLD US HARMLESS FOR ANY CLAIM, CONTROVERSY, OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY END-USER, EXPERT OR ANY OTHER THIRD PARTY.
- 12.2 YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF KINEXIT TOWARDS YOU SHALL BE LIMITED TO SEK 1,000. WE EXPRESSLY EXCLUDE ALL LIABILITY TO ANY THIRD PARTY.
- 13.1 YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, OR DEMANDS OF LIABILITY, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SERVICE AND/OR YOUR VIOLATION OF THESE TERMS, INCLUDING IF ANY CONTENT PROVIDED BY YOU SHOULD INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
14 CONSUMER RIGHTS
- 14.1 Consumers in the EU have a statutory right of withdrawal in accordance with applicable EU law. However, if you purchase a subscription, you purchase digital content not supplied on tangible media. The right of withdrawal vested with consumers does not apply to such digital content. Hence, you acknowledge and expressly agree that you will lose the right of withdrawal as soon as your subscription has started.
- 15.1 We reserve the right to, without prior notice and without compensation, remove any content that we find obscene, containing inappropriate material and/or in any other way could violate the Terms, applicable laws and regulations and/or may infringe someone else’s intellectual property rights.
- 15.2 We reserve the right to modify the Terms at any time in our sole discretion. We will notify you by e-mail 30 days in advance of any adverse changes taking effect. Your continued use of the Service after such notification constitutes your agreement to the updated Terms.
- 15.3 You are not entitled to transfer or assign any rights or obligations under the Terms without prior written consent from us, if not explicitly allowed to under the Terms.
- 15.4 We have the right, without prior obtaining of approval, to assign the Terms to another company in the same company group as Kinexit, or a third party in connection with a transfer of all or substantially all of Kinexit’s assets.
- 15.5 If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of us to enforce our rights under the Terms shall not be regarded as a waiver of such rights. IT IS EXPRESSLY UNDERSTOOD THAT ALL PROVISIONS REGARDING LIMITATIONS OF LIABILITY AND INDEMNITIES WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE DELETION OF YOUR ACCOUNT.
- 15.6 Failure or delay by us in exercising any right or remedy under the Terms shall not constitute a waiver of such (or any other) right or remedy.
- 15.7 The Terms constitute the entire agreement between you and us on all issues to which the Terms relate. However, if you have a separate agreement with us regarding our services, the terms of such an agreement shall prevail over these Terms in case of contradictions.
16 GOVERNING LAW AND VENUE
- 16.1 These Terms shall be construed in accordance with and be governed by the laws of Sweden, without regard to its conflict of law provisions.
- 16.2 If you are a consumer within the EU and want to make a claim regarding a purchase from Kinexit, you may contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden), Box 174, 101 23 Stockholm, www.arn.se, or the equivalent in your EU-country of residence. For more information, please visit https://ec.europa.eu/consumers/odr/.
- 16.3 Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by Swedish courts, with Stockholm district court (Stockholms tingsrätt) as the court of first instance.
17 CONTACT INFORMATION
17.1 If you have any questions regarding the Terms, or any question, complaint or claim, please contact us at:
Kinexit Sweden AB, reg. 556999-5185
Address Hälsingegatan 49, 113 31 Stockholm, Sweden