The following terms shall be used as defined in this paragraph throughout the Terms: " Intelligent Training Group ApS ", " We" or "Our" are Intelligent Training Group ApS; " You", " Your" or " User" are anyone who is using the Website or installing and using the app (as defined below); and " Us" are Intelligent Training Group ApS and You.
Intelligent Training Group ApS has developed the platform “INTELLIGENT CYCLING”. It provides services related to training and using a number of technologies to make this happen. As so we record your movement pattern on our services in relation to sports and regular activities. Additional data may be recorded by separate sensors and recorded data is sent to a calculation server, which returns key values and coaching advice based hereon. Delivery of such information may be in real time or for subsequent analysis by the User.
Intelligent Training Group ApS is registered in Denmark with company registration number 36 91 16 46, and have our registered address at Grøftevej 3, DK-4180 Sorø, Denmark. Any enquiries to Intelligent Training Group ApS in relation to these Terms can be submitted by e-mail to email@example.com
4. USE OF THE SERVICES
These Terms and the private policy (" Private Policy") apply to all visitors to the Website and Users of any of our services (" Services") when these are provided through the App or the Website. Hereto comes any other service provided by Us in relation to the Services, including but not limited to Services reached through associated websites or other access points. The Services enable the delivery of information, messages, notes, text, video, sounds, photographs, images, logos, software, audio, graphics, data, link to websites, and other material. Unless it is expressly agreed by Us, these Terms represent the entire agreement between You and Us concerning use of the Services.
The Services may only be used by persons who are 13 years or older. By using the Service, You warrant that You are 13 years or older. The service is not intended for children under 13. If you are 13 or older, but under the age of 18, you must review the Terms with your parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms. If You have been using Our Services without being 13 or older, it will be a breach of these Terms, and We have the right to terminate Your access immediately without giving any prior notice.
5. INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT
All rights to the App, Website, information, messages, notes, text, video, sounds, photographs, images, logos, software, audio, graphics, data, link to websites, and other material (" Intellectual Property Rights") are the property of Intelligent Training Group ApS and such rights are protected under Danish law and other national or regional legislation which protect trademarks, designs, copyrights, patents and knowhow. We reserve all rights to the Intellectual Property Rights regardless not expressly granted under these Terms. The Intellectual Property rights must not be used neither privately nor commercially in any way without Intelligent Training Group ApS' prior explicit written consent.
You have no right to the Intellectual Property Right and may only make use of the Intellectual Property Rights as far as such use is in accordance with these Terms. When You download any software from Our Website or any affiliated third-party website in relation to the App and/or website, we only grant You a limited, personal, non-transferable and non-exclusive license to use such software.
You warrant not to use the Intellectual Property Rights or Services in a way which is or may be infringing on Our Intellectual Property Rights, or in any other way violate any law, or is otherwise inappropriate.
Further, You agree not to disassemble, reverse engineer, decompile or otherwise attempt to discover any source code, sell, remove, assign, redistribute, transfer any right in, lease, grant any security interest in or any right to any parts of the Services, the Intellectual Property Rights, the software or user generated or submitted content. Furthermore, You agree not to use any robots, data mining or similar data gathering methods and accept that a breach of this clause may result in sanctions, civil or criminal.
By accepting these Terms the User gives Intelligent Training Group ApS a non-revocable, non-exclusive, non-confidential, royalty free, transportable, perpetual worldwide right to use any user generated content created in the App or on the Website in any matter and for any purpose, without any license or payment due. This further means that when You make use of the App or the Website, You accept and consent to Intelligent Training Group ApS' receipt, collection and processing of knowledge and information about You and Your sensitive personal data, including health information. Intelligent Training Group ApS' processing and storage of such user generated data will be in accordance with Our Private Policy.
We may at any time choose to have business partners or other third parties services (" Other Services") included in the Services. Such Other Services may be advertisements and other offers available to You via Our Website or App, and such Other Services may provide You with a link to third party websites and other resources. We do not have any control over such resources, and We are not liable or responsible for any content or services made available through such resources. You accept that any agreement in relation to Other Services is made directly between You and the third-party business partners, and that Intelligent Training Group ApS do not have any responsibility or liability related to lack of performance, damages or losses You may suffer as a result of using or accessing such Other Services.
7. YOUR ACCEPTANCE AND LIABILITY
As the Services delivered by Intelligent Training Group ApS are based upon Your physical activity, it is important for Intelligent Training Group ApS to stress that You accept the risks of bodily injuries or dead and/or property damage in relation to using the Services. You accept to use the Services and any content or material created by using the Services at Your own risk and for Your own costs, and to have the responsibility in relation to data transmission facilities. Further, You accept that Intelligent Training Group ApS is not responsible for supervising any control in relation to the Services and any user generated content, and that We do not provide medical advice or opinions for any medical purpose You should have.
We strongly recommend that You consult a licensed medical professional prior to beginning any exercising programs.
You agree to defend, indemnify, and hold the Intelligent Training Group ApS harmless from and against any demands, actions, claims, losses, liabilities and expenses, arising or resulting from any of Your breach of these Terms or any of Your use of the Services, or Your conduct in relation to this use. You agree not to file any claims against Intelligent Training Group ApS in relation to any claim, loss, injuries or damage - whether based on warranty, tort or contract or any other legal basis, when such fault is caused by Your use of the Services. Nevertheless, if Intelligent Training Group ApS is found to be liable for any damage or loss, which have a connection with Your use of the Services, Our liability shall in no way exceed DKK 5.000 regardless of the specific circumstances.
8. OUR DISCLAIMER AND LIABILITY
We deliver the Services on an as is" basis without any express or implied warranties of any kind. We disclaim all warranties to the fullest extent permitted by law, including, but not limited to, warranty of title, merchantability, non-infringement, including third parties' rights, and fitness for a particular purpose. We, Our partners, affiliates and subsidiaries, and Our and their employees, suppliers, respective officers, directors and partners make no warranties about the Services, and cannot be found liable in any matters including, but not limited to, the accuracy, reliability, usefulness or to errors, defects and delays, including viruses and loss of data. Furthermore, We do not guarantee that errors or defects in the Services, the App or the Website will be repaired.
Intelligent Training Group ApS encourages You to always put safety first and be careful when You use the Services. Intelligent Training Group ApS is not liable or responsible for any injuries or other damages You may incur as a result of using or inability to use, the Services or lack of knowledge to practice the relevant kind of exercises. Furthermore, Intelligent Training Group ApS is not liable for any communication between Us.
Lastly, We do not have any responsibility in relation to any user generated content or other activities caused by You or other users, or any responsibility or obligation to supervise and remove such content generated by users. We do not have any liability or responsibility in relation to any damage or loss resulting from any interaction with other users of the Services and have no responsibility to get involved in any dispute between You and other users.
9. CHANGE AND TERMINATION
Intelligent Training Group ApS may in Our sole discretion change and/or terminate the Services.
Intelligent Training Group ApS may at Our sole discretion, at any time and for any or no reason, restrict Your use of the Services, remove or edit any user generated content, refuse to post any data generated by You, or terminate Your account, without giving any notice or warning.
You are solely responsible for termination, if You do not wish to use the Services anymore.
The provisions in these Terms which by their nature are to survive termination of use of the Services, including without limitations the Private Policy, the Disclaimer of Warranties and Liability, Intellectual Property Rights and Applicable law, shall survive any termination, regardless of the reason here for.
10. COMMERCIAL LICENS
If you establish a commercial license on behalf of a company or organization, the terms “you” and “your”, as used throughout the Agreements, apply to both you and the company, as applicable.
If you open a commercial license, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the company to the Agreements.
11. OUR SERVICES & PAID SUBSCRIPTIONS
Certain services are provided to you free-of-charge. Other services require payment before you can access them. The services that may be accessed after payment are currently referred to as the “Premium Service” and the “Unlimited Service” (together, the “Paid Subscriptions”). The service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.
The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.
Codes and other pre-paid offers
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Intelligent Training Group ApS for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). We reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial.
At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial, on a recurring monthly basis. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your account’s subscription page or terminate your account before the end of the trial. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable paid subscription through your account’s subscription page or terminate your account before the end of the recurring monthly period. Paid subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, We will not refund any fees that you have already paid. The limitation section sets forth additional terms regarding cancellation of your paid subscription.
12. PAYMENTS, CANCELLATIONS, AND COOLING OFF
Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Services for a specific time (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
When you register for a Paid Subscription, Trial, or Code online, you consent to get access to the services immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed the services at any time during the Cooling-off Period.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment (or to a third party through whom you purchased the Paid Subscription, such as a telephone company) will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed the services during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us.
If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support.
We may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
In case any provision in these Terms is not permitted by applicable law, or cannot be applied to You in its entirety, You agree that the provision concerned is limited to the greatest extent permitted by law. If any of these Terms are found unlawful, invalid, unenforceable or void, the remainder of the Terms shall continue to be valid and enforceable.
14. LAW, JURISDICTION AND PERSEVERANCE
The Services are rendered in accordance with Danish law and any dispute between Us is to be governed by Danish law, excluding the CISG.
2. PROTECTION AND CONTROL OF THE DATA
Intelligent Training Group ApS is subject to the Danish Act on Processing of Personal Data, which adopts the European Union Directive 95/46/EC on the Protection of Individuals with regard to the processing and free movement of personal data (" Data").
3. COMPILATION OF PERSONAL DATA
You are aware and accept that We, by Your use of the Services, obtain Data and other information's from and about You, included but not limited to, Your location, Your personal activities and Your performance information, or other user generated information from You or other users that You connect with.
4. USING PERSONAL DATA
The Data we gather about you will be used for the purpose by which it is submitted. We will use the Data to provide Our Services to You, to communicate with You, to provide the information You have requested and similar tasks. Data about Your first- and surname, password, phone number, date of birth and email address will not be disclosed or be made publicly available. Apart from these Data, You accept that We and other users may disclose and make publicly available any user generated content, including Data and other information in relation to you through the Services, such information may be gender, sport activity, location and performance information.
You accept that for Us to be able to perform the Services, including the services requested by You, We are allowed to share and transfer your Data, comprising personally identifiable information, to our third party service providers and related business partners. Such transfer will be secure and will not give any third parties any right to Your personal identifiable information outside the scope of performing the Services. You accept that We can share non-identifiable personal information, such as but not limited to gender and sports activities, location, etc. to any third parties that We engage into a written contract with.
Additionally, You accept that We store and disclose Data or other user generated content in relation to governmental requests, in response to court orders, for administrative purposes, or if required by law in any way, or to protect Our or other's rights.
Intelligent Training Group ApS may send You emails on the email address associated with Your use of the Services, whether for technical or administrative purposes or for Us to inform Users of any changes or development in the Service. We will not send out commercial offers unrelated to Intelligent Training Group ApS.
5. BUSINESS TRANSFERS
The Website uses authentication cookies (" Cookies") which are necessary for you to log in and to let you move around the Website and use essential features. Without the use of such Cookies, we cannot provide the Services to you.
The Cookies do not collect any information about you for use in marketing or other similar commercial purposes as well as the Cookies do not remember or save knowledge as to your whereabouts on the internet.
7. RETENTION OF DATA
The personal data that You communicate to Us using the Website or App is hosted by Amazon Webhosting (AWS) We use our best efforts to prevent any interference with personal data such as loss, diversion, intrusion, unauthorized disclosure, alteration, or destruction.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Kindly note, that in accordance with the Danish Act on Personal Data You have the right to see what data we have about You, if any. You can change/correct any personal data we have about You in the “my profile” section. You can ask us to delete all personal data collected and processed by Intelligent Training Group ApS and they will be deleted 3 months after you have informed Us to do so. If you cancel your membership you will continue a free service membership with limited access and we will keep your data until you return to our services.