SmarTracks Athlete Terms of Use

Last updated: 12 September 2017

1 Introduction

These terms of use (terms) define our conditions of how you may use the mobile application SmartTracks Athlete offered by Humotion GmbH, Heerdestr. 23, 48149 Münster, Germany („Humotion“, “us”, “we”, or “our”). “SmarTracks Athlete” will be called app in this policy.

Please take time to read the terms carefully. Your access to and use of the app is conditioned on your acceptance of and compliance with these terms.

2 Permitted Use

You may only use the app in line with these terms. You must comply with all applicable laws, regulations and codes of practice. You expressly agree that you will not:

  • use the app in a manner which causes or may cause an infringement of the rights of any other person or which violates any applicable law or regulation;
  • use any software, routine, engine or other device to interfere or attempt to interfere electronically or manually with the operation and look of the app, or to breach or attempt to breach its security.

If you violate any of these terms, your permission to use the app shall terminate immediately without the necessity for any notice.

3 Your User Account And Security

In order to use the app you have to register and provide us with a valid e-mail address and choose a safe password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or your account. You agree to notify us immediately in writing of any unauthorized use of your password or account or any other breach of security. In consideration of use of the app, you agree to:

  • provide true, accurate, current and complete information about yourself as prompted by any registration form, the app requires you to fill out.
  • maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the app.
  • allow us to contact you on your e-mail address with personal communications related to your account, including but not limited to registration notices, subscription notices and updates.

4 Your Health

The app cannot replace a doctor. We are not liable for your actions. For matters of health-related questions, issues or problems always consult a doctor. When agreeing to these terms, you confirm that as a user of our app you are solely responsible for your own well-being and health.

5 Our Intellectual Property

Our app and any property belonging to or associated with us, including any trade mark or trade name, logos and software, and all information and other content of our app (including, but without limitation software code, text, photos, graphics, videos, music, sound, domain names, slogans and links) is and remains at all times our property or is used under license and is protected under copyright laws and you agree that you will not infringe any such rights in any way. Unauthorized use of content can infringe copyright- or other laws.

Without our prior written permission, you may not copy, modify, alter, reproduce, create derivative works from, publish, broadcast, distribute, sell, transfer or exploit any material of our app or the underlying software code whether in whole or in part.

For your personal non-commercial use photos or screenshots of the app, not including software, may be taken, saved, downloaded, printed, shared, or copied.

You must not use any part of the content or any other parts of the app for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of the app in breach of these terms of use, your right to use our app will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If you wish to make any use of our app or any other property belonging to or associated with us other than set out above, please contact us at info@humotion.net.

6 Data Privacy

Your privacy is important to us. We explain how we process any personal data we collect from you, or that you provide to us in our privacy policy. Please take time to read our privacy policy carefully before using the app.

7 Our Liability

Providing you with analyses and information which allow you to improve your training is one of our highest priorities. However, while we try to ensure that it is accurate, reliable, timely and complete, we do not accept liability for any inaccurate, unreliable, untimely or incomplete information contained therein, or for any reliance placed upon it by you.

Any information or data displayed by the app is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the app or in connection with the damages listed below or any other kind of damage however arising, even if foreseeable, and whether caused by tort (including negligence), breach of contract or otherwise.

  • The use, inability to use, or results of the use of the app.
  • Use of or reliance on any content displayed by the app.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of business opportunity, goodwill or reputation;
  • or any indirect or consequential loss or damage.

Any use of the app and interpretation of information displayed by the app is at your own risk.

Some Information displayed by the app might be provided by third parties and we will not be held responsible for any such content provided by third parties.

While we try to ensure that the app is secure, we cannot guarantee the security of your personal information, nor that the app is free from viruses or similar matters that may damage your website, computer or systems. We accept no responsibility for any loss of data, or for any denial, restriction or interruption of access.

Nothing in these terms affects our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

Where our app contains links to other sites or resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. We will not be liable for any loss or damage that may arise from your use of them.

8 Termination

We may terminate or suspend access to the app at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms.

All sections of these terms that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled: Introduction, Your Health, Our Intellectual Property, Data Privacy, Our Liability and Applicable Law and Place of Jurisdiction.

9 Applicable Law And Place Of Jurisdiction

The law of the Federal Republic of Germany shall apply for these terms and all legal relations between us and you or any other user. We both agree to the exclusive jurisdiction of the courts of Münster, Germany.

10 Severability Clause

If any provision of these policies and regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these policies and regulations which can be given effect without the invalid provision or application, and to this end the provisions of these policies and regulations are severable. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.

11 Changes

We may revise or replace these terms from time to time. You have to agree to new terms before they can take effect. We will notify you as soon as possible before a material change takes effect. What constitutes a material change will be determined at our sole discretion. Information about changed terms will be accessible on our website.

12 Contact Us

If you have any questions about this terms, please contact us at info@humotion.net.