Terms of use

1. GENERAL

By using this website www.motosumo.com ("Website") or installing the applications (as defined below), you agree to be bound by these terms of use (" Terms"). Please review them carefully before using our Website or in any other way making use of our services. The Terms may be changed from time to time without notice, and it is recommended that the Terms are reviewed from time to time. Kindly abstain from using the Website and the application, if you do not agree with these Terms.

2. DEFINITIONS

The following terms shall be used as defined in this paragraph throughout the Terms: " Motosumo", "We" or " Our" are Motosumo ApS; " You", "Your" or " User" are anyone who is using the Website or installing and using our apps (as defined below); and " Us" are Motosumo ApS and You.

3. INTRODUCTION

Motosumo has developed mobile applications named the Motosumo and Momentum apps that use the built in sensors of the phone, such as accelerometer, gyroscope, and GPS, to record information about the User's movement pattern during sports and regular activities. Additional data may be recorded by separate sensors and recorded data is sent to a cal-culation 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.

Mo2tion Technology Innovation ApS (Motosumo ApS) is registered in Denmark with company registration number 35 66 07 20, and have our registered address at Hørkær 26, DK-2730 Herlev, Denmark. Any enquiries to Motosumo ApS in relation to these Terms can be submitted by e-mail to support@motosumo.com.

4. USE OF THE SERVICES

These Terms apply to all visitors to the Website and Users of any of our services ("Services") when these are provided through the Apps 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.

By subscribing to Our Services, you agree to waive the 14-day right of withdrawal, cf. Chapter 4 of the Danish Consumer Contracts Act.

5. PRICES AND PAYMENT 

The prices of Our Services are as stated in the App Store and Play Store.  A monthly subscription fee for the “Motosumo Streaming Monthly” service which will be required through an in-app subscription in the Motosumo app.

When you subscribe to Our Services, we ask you to provide information about your preferred payment method. This information must be complete and accurate and up to date. You ex-pressly authorize us to charge the appropriate fees from your selected payment method. 

You pay for the Services on a monthly basis. All payments due are payable in advance and will be billed automatically at the start of the billing period.

Unless otherwise stated, billing will automatically renew unless you cancel your subscription, cf. Section 10.
To the maximum extent permitted by applicable laws, we may change our prices for Our Ser-vices at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Service prior to the change going into effect.

Free trials: We may offer you free trials of Our Services. In order to sign up for a free trial, you need to provide us with your credit card information, and your access to Our Services will automatically continue when the free trial period ends unless you cancel before that happens.

6. INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT 

All rights to the Apps, Website, information, messages, notes, text, video, sounds, photo-graphs, images, logos, software, audio, graphics, data, link to websites, and other material (" Intellectual Property Rights") are the property of Motosumo 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 Motosumo’s prior explicit writ-ten 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 Apps, 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 other-wise 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 Motosumo a non-revocable, non-exclusive, non-confidential, royalty free, transportable, perpetual worldwide right to use any user generated content created in the Apps 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 Apps or the Website, You accept and consent to Motosumo’s receipt, collection and processing of knowledge and information about You and Your sensitive personal data, including health information. Motosumo’s processing and storage of such user generated data will be in accordance with Our Privacy Policy.

7. THIRD-PARTIES

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 Apps, 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 Motosumo 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.

8. YOUR ACCEPTANCE AND LIABILITY 

As the Services delivered by Motosumo are based upon Your physical activity, it is important for Motosumo 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 Motosumo 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.

Except where prohibited by law, You agree to defend, indemnify, and hold Motosumo 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 Motosumo 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 Motosumo 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.
I have been informed, understand, and am aware that strength and aerobic exercises, includ-ing the use of equipment, are potentially hazardous activities. I also have been informed, understand, and am aware that fitness activities involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding, and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, death or damage.

9. OUR DISCLAIMER AND LIABILITY

Except where prohibited by law, 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 Apps or the Website will be repaired. 

Motosumo encourages You to always put safety first and be careful when You use the Services. Motosumo 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, Motosumo 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 rela-tion 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.

 

10. CHANGE AND TERMINATION

Motosumo may in Our sole discretion change and/or terminate the Services.

Motosumo 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. Any wish for termination can be submitted by e-mail to support@motosumo.com. 

If you are a consumer, you may cancel your subscription at any time.

The provisions in these Terms which by their nature are to survive termination of use of the Services, including without limitations the Privaty Policy, the Disclaimer of Warranties and Liability, Intellectual Property Rights and Applicable law, shall survive any termination, regardless of the reason here for.

11. PERSERVERANCE

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.

12.CONSUMER COMPLAINTS

If Our Services suffer from defects, you have the right - as a consumer - to complain in accordance with the general rules of Danish law, 

If you wish to complain about a purchase, please start by sending an e-mail to sup-port@motosumo.com.

If we fail in finding a solution together, you can file a complaint at Center for Klageløsning, Nævnets Hus, Toldboden 2, 8800 Viborg, by using this link: https://kpo.naevneneshus.dk/Public/Home/ChooseLoginProvider?returnUrl=https://kpo.naevneneshus.dk/External 

The EU Online Dispute Resolution Platform can also be used to file a complaint. This is particu-larly relevant if you are a consumer residing in another EU country than Denmark. You can file your complaint here: http://ec.europa.eu/odr. 

13. 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.