AthleteSync Terms of Use Effective Date: [15 May 2024] Acknowledgment Welcome to AthleteSync ("Company", "We", "Us" or "Our") is a technology company providing solutions to monitor athletic training progress. Our goal is to revolutionise the world of training and of athletic performance. We provide users (either individuals or companies, professional or non professional athletes) ("Users") a platform to monitor athletic training progress. We also make available certain services and contents supplied by third parties (who are not part of AthleteSync) with whom we contract (the "Services"). These third parties may provide content in several forms, including, but not limited to, workout and exercise prescriptions, guidance, and cues ("Content Providers"). For example, Content Providers can, through AthleteSync, publish and or sell training that can then be downloaded by Users. Content Providers can also upload their training (paper, pdf, excel) and through generative artificial intelligence, We will convert them into usable workouts which will fall under the Services. These terms of use (the "Terms") apply to all Users and others who access and use our mobile app: ("AthleteSync"), and our website: www.athlete-sync.com (the "Website"). By clicking "I agree," or by downloading, installing, or otherwise accessing or using the Services, you agree that you have read and understood, and as a condition to your use of the Services, you agree to be bound by these Terms. If you represent an organization or employer, you agree to these Terms on behalf of the organization or employer and represent that you have the authority to bind the organization or employer. If you are not eligible, or do not agree to the Terms, you do not have our permission to use the Services. Your use of the Services constitutes an agreement by the Company and by you to be bound by these Terms. If you are using AthleteSync on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person, or entity's behalf and that such person or entity agrees to be responsible to Us if you or the other person or entity violate these Terms. If you have any questions about these Terms or AthleteSync, please contact us via an email atteam@athlete-sync.com. For additional contact information, please, see Section 20 of these Terms.
AthleteSync is a software program that acts as a front-end interface between athletes and coaches allowing them to conveniently carry on several Tasks. AthleteSync allows to carry on tasks such as designing custom training programs, training athletes, monitor training over time, provide analytics and monitor health and wellbeing (the "Tasks"). From time to time and without prior notice to you, we may change, expand, and improve AthleteSync. We may also, at any time, cease to continue operating part or all of AthleteSync or selectively disable certain features. Your use of AthleteSync does not entitle you to the continued provision or availability of it. Any modification or elimination of AthleteSync or any particular features will be done at our sole discretion.
This Section governs the use of the Services or features that we offer on a research, alpha, preview, early access, or beta basis ("Beta Services"). Beta Services are offered "as-is" to allow testing and evaluation, and the Content that are provided to Beta Services may be used to improve the services. We make no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, the Company expressly disclaims all warranties for Beta Services, including any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
To access the Services you must purchase subscription-based access to the Services (the "Subscription"). In return for enjoying Subscription-based access to the Services, you acknowledge and agree that the Company may generate revenues, increase goodwill or otherwise increase the value of AthleticSync from your use of the Services, and you will have no right to share in any such revenue, goodwill or value whatsoever. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. When you choose the Subscription-based access to the Services, you will be billed in advance on a recurring and periodic basis (such as monthly, or annually), depending on the type of plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it.
You may cancel your subscription renewal either through your Account settings page or by contacting the Company. You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the Services until the end of your current subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, email address, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If you pay any fees with a credit card, then We may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
The Company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period. The Company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Services after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
Except when required by law, paid subscription fees are non-refundable. Certain refund requests for subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a subscription with a free trial for a limited period of time. You may be required to enter your billing information in order to sign up for the free trial. If you do enter your billing information when signing up for a free trial, you will not be charged by the Company until the free trial has expired. On the last day of the free trial period, unless you cancelled your subscription, You will be automatically changed the applicable subscription fees for the type of subscription you have selected. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.
The Services are not for persons under the age of 13 or for any Users previously suspended or removed from the service by AthleteSync. If you are under 13 years of age, then you must not use or access the Services at any time or in any manner. If you are aware of anyone younger than 13 using AthleteSync, please contact us at team@athlete-sync.com (for additional contact information, please, see Section 20 of these Terms and we will take reasonable steps to preclude such person from AthleteSync use). Furthermore, by accessing or using the Services, you affirm that either you are at least 18 years of age or you have been authorized to use the Services by your parent or legal guardian who is at least 18 years of age. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13-years old and if you are under 18 years of age, you have been authorized to use the Services by your parent or legal guardian who is at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. You acknowledge and agree that the Services are intended for use only by individuals healthy enough to perform strenuous exercise. If you are older than thirty-five (35) years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the Services: heart disease, high blood pressure, family history of high blood pressure or heart disease, chest pain caused by previous exercise, dizziness or loss of consciousness caused by previous exercise, bone or joint problems, diabetes, high cholesterol, obesity or arthritis.
You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Services, you further acknowledge and agree that your performance of any and all exercises or activities recommended by the Services is wholly at your own risk. Neither AthleteSync, its employees and its agents, nor the Content Provider will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of the recommended workout plans or exercises. While we or the Content Provider may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting in person with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform. We highly recommend you seek guidance in person from a physical therapist or other qualified health care practitioner if you have any pre existing injuries or conditions that may compromise the joints, muscles, or other tissues involved in your workouts, or that might otherwise interfere with recommended activities.
While you may always browse any public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Services AthleteSync features or functionalities will require you to register an account with us ("Account"). By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements. To use the Services, you may be required to provide information regarding your physical performance, including your soreness, hours of sleep, hydration, nutrition, stress and bodyweight, volume and other measurements related to your physical exercise. You agree that the information you provide to Us is true, accurate, current, complete, and not misleading. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by Us in Our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in Our sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Services, infringe or violate any third party rights, damage or bring into disrepute the reputation of AthleteSync, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then We may terminate your Account immediately without notice to you and without any liability to you or any third party. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Please refer to our Privacy Policy for information on how we collect, process and transfer information about you when you use AthleteSync. Transfer and storage of information about you, whilst you use Athlete Sync, is governed by our Privacy Policy. You acknowledge and agree that your use of AthleteSync is subject to our Privacy Policy.
"Content" means any content that Users or Content Providers upload, post or transmit to or through the Services (collectively, "Post") including, without limitation, any work-out related data, and any text, photographs, messages, reviews, video or audio (including sound or voice recordings), images, folders, or other works of authorship or other works.
As part of AthleteSync onboarding process for Content Providers, also known as know your client process ("KYC") we will collect a certain amount of information from Content Providers such as names and address, telephone number, electronic mail address and professional qualifications where applicable. We also reserve the right to screen and search the Content Providers. We reserve the right to remove, disallow, block, or delete any Content in Our sole discretion for operational and other purposes. In addition, We have the right to remove, disallow, block or delete any Content (i) that we consider to violate these Terms, applicable law or otherwise constitute Objectionable Content; (ii) that is alleged to violate the rights of third parties; or (iii) that is otherwise objectionable, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, We also have the right to take remedial action in connection with any Objectionable Content Posted on the Services as described more fully below. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. If you encounter any Content that violates these Terms, then please immediately email Us at: team@athlete-sync.com.
YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR CONTENT AND SUBMITTING YOUR CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
You hereby grant Us, a perpetual, irrevocable, unrestricted, assignable, sublicensable, royalty-free, fully paid right and license throughout the universe to: (i) reproduce, distribute, publicly display, publicly perform, create derivative works from, and otherwise exploit and use (collectively, "Use") all or any part of all Content you Post to or through the Services, by any means and through any media and formats now known or hereafter developed, to provide and improve the Services and our business; and (ii) use your user name, image, voice and likeness to identify you as the source of any of your Content. You must not Post any Content on or through the Services or transmit to Us any Content that you consider to be confidential or proprietary. Notwithstanding the foregoing in this Section, we will not display or disclose publicly any of your Content that is work-out related data in a manner that would identify you personally without your prior consent.
You must not Post any Content to the Services if you are not the owner of or are not fully authorized to grant rights in all the elements of the Content you intend to Post to the Services. By providing Content via the Services, you affirm, represent, and warrant that: (i) you are the creator and owner of the Content Posted by you on or through the Services or otherwise have all licenses, consents, permissions, and rights necessary to authorize Us to use and distribute your Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Us, the Services, and these Terms; (ii) the Posting and Use of your Content on or through the Services does not and will not infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right, does not and will not slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person, and does not and will not cause Us to violate any law or regulation; (iii) the Posting of your Content on the Services does not and will not require Us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your Content on the Services does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person because of Posting your Content on the Services and from AthleteSync's exercise of the license set forth in this Section. For clarity, We do not permit infringing activities on the Service. If you believe that the Posted Content constitutes copyright infringement, you may request removal of that Content (or access to it) from AthleteSync by submitting a written notification to us atteam@athlete-sync.com.
By Posting Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Content. You understand that, when using the Services, you will be exposed to Content from a variety of sources and acknowledge that Content may be inaccurate, offensive, indecent, or objectionable. We are not directly liable for illegal or Objectionable Content and you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Us with respect to Content, including but not limited to all rights of privacy, publicity, or any other rights of a similar nature in connection with your Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Content you Post to or through the Services. However, we will make our best effort to remove illegal and Objectionable Content Posted. If you believe that the Posted Content constitute illegal or Objectionable Content, you may request removal from Athlete Sync by submitting a written notification to us at team@athlete-sync.com.
You are not permitted to and agree not to Post any Content to the Services that is or could be interpreted to be, as We may determine in our sole discretion, (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; or (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence ((i) and (ii) collectively, "Objectionable Content"). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from your Posting of Objectionable Content. You also agree not to use the Services for illegal or unlawful purposes. If you encounter any Objectionable Content on the Services, then please immediately email team@athlete-sync.com. We in our own discretion may take any actions We deem necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User Account, removing all of the User's Content and/or reporting the User to law enforcement authorities, either directly or indirectly.
For the avoidance of doubt, We will not be liable for any use or misuse of Content by any User. However, we will make our best effort to remove illegal and Objectionable Content Posted. If you believe that the Posted Content constitutes illegal or Objectionable Content, you may request removal of that Content from Athlete Sync by submitting a written notification to us at team@athlete-sync.com.
Subject to your complete and ongoing compliance with these Terms and unless otherwise agreed, We hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to: (i) download, access and use an object code copy of the App on any device that you own or control; and (ii) access and use all other portions of the Services, in each case, solely for your personal, use and solely in strict compliance with the provisions of these Terms. Any third-party code that may be incorporated into the App is covered by the applicable open source or third-party license, if applicable.
Content that AthleteSync provides to Users on or through the Services (including without limitation, any work-out plans, videos, images or other content, and any other text, graphics, photos, software or interactive features) are protected by copyright or other intellectual property rights and owned by AthleteSync, its Content Providers or their third party licensors (collectively "AthleteSync Content"). Moreover, We solely own all design rights, databases and compilation and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and any related goodwill. Except as expressly authorized by Us, you may not make use of the AthleteSync Content.
AthleteSync trademarks, service marks and logos (the "AthleteSync Trademarks") used and displayed on the Services are AthleteSync's registered and unregistered trademarks or service marks. Other product and service names located on the Services may be trademarks or service marks owned by Content Providers or other third parties (the "Third-Party Trademarks," and, collectively with AthleteSync Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage AthleteSync's, Content Provider's or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Our prior express written consent. All goodwill generated from the use of any AthleteSync Trademark will inure solely to AthleteSync's benefit.
AthleteSync hereby reserves all rights not expressly granted to you in this Section. Accordingly, nothing in these Terms or on the Services will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any AthleteSync Content or Trademarks located or displayed therein.
The Services may contain links to or the ability to share information with third party websites ("External Sites"), including through features that allow you to link your account on the Services with an account on the External Site, such as linkedin.com, twitter.com, instagram.com or facebook.com, google.com or through our implementation of third-party buttons (such as "like" or "share" buttons). By using one of these tools, you hereby authorize Us to transfer that information to the applicable third-party service. We do not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others and are not under AthleteSync's control. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. AthleteSync is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that AthleteSync will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites. Please be sure to review the terms of use and privacy policy of any External Sites before you share any Content or information with such External Sites. Once sharing occurs, We will have no control over the information that has been shared. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
We welcome any of your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about AthleteSync (collectively, "Feedback"). You can submit Feedback by contacting us at team@athlete-sync.com or otherwise, for additional contact details please see Section 20 of these Terms. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will consider to provide accurate information to other users about AthleteSync user experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.
We respect the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Services.
AthleteSync's intellectual property policy is to: (i) remove or disable access to material that We believe in good faith, upon notice from an intellectual property owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Services; and (ii) remove any Content uploaded to the Services by "repeat infringers." We consider a "repeat infringer" to be any User that has uploaded Content to or through the Services and for whom AthleteSync has received more than two takedown notices with respect to such User Content. We reserve the right, however, to suspend or terminate the Account of any User after receipt of a single notification of claimed infringement or upon AthleteSync's own determination.
If you believe that any Content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by AthleteSync with the User alleged to have infringed a right you own or control, and you hereby consent to AthleteSync making such disclosure. Your communication must include substantially the following: A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; - Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works; - Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AthleteSync to locate the material on the Services; - Information reasonably sufficient to permit AthleteSync to contact you, such as an address, telephone number and, email address; - A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and - A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf. Your Notification of Claimed Infringement may be shared by AthleteSync with the User alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to AthleteSync making such disclosures. You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.
AthleteSync's designated agent for receipt of Notifications of Claimed Infringement (the "Designated Agent") can be contacted at: Via E-mail: team@athlete-sync.com Via Mail: Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 15551 Attn: AthleteSync Compliance Department We reserve the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Us and each of Our respective officers, directors, agents, partners and employees (individually and collectively, "Company Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (i) your use of AthleteSync; (ii) your Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with AthleteSync. You agree to promptly notify the Company Parties of any third-party claims, cooperate with the Company Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys' fees). You also agree that the Company Parties will have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
The Company will not be liable to you under any theory of liability --- whether based in contract, tort, negligence, strict liability, warranty, or otherwise --- for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages. The total liability of the Company for any claim arising out of or relating to these Terms, regardless of the form of the action, is limited to the amount paid, if any, by you to use Athlete Sync. In no event will the Company's total liability arising out of or in connection with these Terms or from the use of or inability to use AthleteSync exceed the amounts you have paid to use AthleteSync paid features. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you. The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release the Company from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the users and the acts or omissions of third parties.
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Services, including, by way of example and not limitation, any carrier or other user, is directly between you and such third party, and you irrevocably release the AthleteSync parties and content providers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. All other disputes arising out of or relating to these Terms will be first resolved through contacting the Company by sending an e-mail to the following address: team@athlete-sync.com (subject: "Complaint"), or by letter sent to the registered office of AthleteSync, indicated in Section 20. In case that the customer service complaint request is unsuccessful, the User may submit the dispute between him and the Company to a mediator who will try, in total independence and impartiality, to reconcile the parties to reach an amicable solution. The European Commission has also created an online platform for resolving disputes ("ODR platform") between businesses and consumers. The ODR platform can be accessed at ec.europa.eu/consumers/odr/. AthleteSync is free to decide whether to participate in a dispute resolution proceeding before the arbitration board of Germany It is also Athlete Sync's faculty, if it takes part in a mediation procedure, to accept or reject what is proposed. In the absence of an amicable agreement, any dispute relating to the application of these general conditions of sale and their interpretation, their execution will be resolved in the courts of Germany.
These Terms will be governed by, construed and enforced in accordance with the laws of Germany, without regard to conflict of law rules or principles (whether Germany or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user's country. This paragraph doesn't override those laws. Any dispute between you and the Company that is not subject to arbitration will be resolved in the courts of Germany.
We may close, suspend, or limit your access to AthleteSync without reason. Without limiting the foregoing, we may close, suspend or limit your access to AthleteSync: - if we determine that you have breached, or are acting in breach of these Terms; - if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing intellectual property rights; - if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities; - you do not respond to account verification requests; - you do not complete account verification when requested; - to manage any risk of loss to us, a user, or any other person; or for any other reasons.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the "Effective date" above. In case we make substantial changes to the Terms (including the changes which might affect your rights), we will always notify you. If you do not agree to the amended terms, you must stop using AthleteSync. Your continued use of AthleteSync after we provide the notice will imply your acceptance of those changes.
We reserve the right, without notice and in our sole discretion, to terminate your right to use AthleteSync. We are not responsible for any loss or harm related to your inability to use Athlete Sync. Upon any termination, discontinuation or cancellation of AthleteSync, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
General contact details. If you have any questions about this Terms or the Company, please contact us via email at team@athlete-sync.com or our mailing address: Via Mail: Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 15551
- These Terms constitute the entire agreement between you and us relating to AthleteSync and your use of AthleteSync, and these Terms supersede and replace all prior oral or written understandings or agreements between the Company and you relating to AthleteSync and your use of AthleteSync. - The language of these Terms is the English language only. - You hereby irrevocably waive any law applicable to you requiring that these Terms shall be localized to meet your language (as well as any other localization requirements) or requiring a delivery or retention of non-electronic records. - The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. - Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. - If any provision of these Terms is held invalid and unenforceable (either by a mediator, ORD platform or arbitrator appointed pursuant to the terms of the Dispute Resolution; above or by court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect. - Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity. - You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.