General Terms & Conditions Frans Bosch Systems Exercise App

 

Users declare to explicitly agree to these Terms of Use when using the Frans Bosch Systems (FBS) Exercise App or any other product or service from FBS. The Terms of Use also apply to all contracts of FBS. Users of the products and contracting parties to which these Terms of Use apply, will each be hereafter referred to as “the user”.

 

Privacy Policy

FBS values the privacy of its users and therefore values a clear privacy policy. More information can be found in the ‘Privacy Statement’ of FBS.

 

Use

The use of the products of FBS by a user is only allowed if these Terms of Use and the Privacy Statement are agreed upon by the user. Therefore, by using one or more products of FBS, the user shall be deemed to agree with these Terms of Use (and the Privacy Statement). FBS,  however, reserves the right to forbid the use of and/or access to its products to any user without prior notice or reason by, for example, blocking or removing profiles or by blocking IP addresses of computers in case FBS finds this appropriate, such at its own discretion.

 

Profiles are restricted to natural persons only. Profiles and groups can be removed without prior notice and shall have no recourse against FBS as a result thereof, including, but not limited to, with respect to lost files or information or other direct or indirect damages.

 

Objectionable Content

Content may not be submitted to the products and FBS moderates all content and ultimately decides whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

 

Age

In order to use the products of FBS, one must be the valid minimum age in the applicable jurisdiction in order to be able to make a valid and legally binding contract for said products. Persons below said age need the explicit permission from their parents or legal guardian in order to agree with these Terms of Use or make a binding agreement with FBS in any other way. Your access to the products may be terminated without warning if FBS believes, in its sole discretion, that the foregoing has not been complied with.

 

Offered Information

Although the information on all FBS websites and the information contained within its products – with the exception of the user-generated content – is made with great care and accuracy, reliability and suitability cannot be guaranteed. Therefore, relying on the information on the FBS websites or the information contained within its products, whether or not originating from FBS, is completely at the user's own risk.

 

Not Medical Advice

The information on FBS websites and in its products is explicitly not meant for replacing medical care, medical advice or support by professionals within other disciplines. FBS products and services should, for example, never be used for self-diagnosis or treatment of ailments and conditions of any person. Users should immediately consult their doctor with any medical questions, complaints and/or symptoms prior to using or continuing to use any products or services of FBS.

 

By accepting these Terms of Use, the user explicitly recognizes that FBS cannot be held liable for any defects and/or wrong information contained within the information offered in its products or services or on any of its websites nor the possible damage which may occur as a result thereof.

 

Consult Doctor before Physical Exercise

Performing physical exercise can pose health risks, including injuries and death. Users who wish to start with any form of physical exercise with FBS products and services must always consult their doctor prior to starting said exercise. Users who experience pain or become dizzy or short of breath should immediately stop the physical exercise and contact a doctor for advice.

 

Release of liability

By accepting these terms of use,  the user assumes all of the risks of using training methods in this FBS Exercise App, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them, or because of their possible liability without fault.  

The user certifies that he or she is physically fit and has not been advised to not participate by a qualified medical professional.  One also certifies that there are no health-related reasons or problems that preclude participation or use of FBS methods outlined in the app. 

In consideration of one's application and permitting one to use the method in the FBS Exercise App, one hereby takes action for himself/herself, one's executors, administrators, heirs, next of kin, successors, and assigns as follows:  

(A)I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me. THE FOLLOWING ENTITIES OR PERSONS: Frans Bosch Systems, Frans Bosch, Teun Thomassen, and/or their coaches, agents, representatives or volunteers.  

(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of use of the FBS Exercise App, whether caused by negligence or otherwise.  

I acknowledge that the use of the FBS Exercise App may carry with it the potential for death, serious injury, and personal loss. The risks may include but are not limited to, those caused by terrain, facilities, temperature, weather, food, drinks, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and lack of hydration. 

 

Rights of Intellectual Property

By accepting these Terms of Use, the user explicitly recognizes that all designs, information, images and other content within any of FBS´ products or services are the property of FBS, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.

 

FBS grants the user a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use its products as detailed in the applicable Purchase Overview & License Terms (License Agreement) for personal purposes and under these Terms of Use.

 

It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content referenced above for direct or indirect commercial purposes, unless explicitly agreed in written form with FBS.

 

The user agrees not to perform any acts that infringe or could reasonably infringe the rights of FBS detailed herein. To the extent that FBS agrees with any third-party to include any of its intellectual property in any product or service of FBS, the user shall have the same rights, responsibilities and restrictions with respect to such intellectual property as those with respect to the intellectual property of FBS as against the user.

 

Change of “Doing Business As” Name

In the event the user is a business licensing FBS’ software, and desires to change the business name under which it operates, said user shall pay to FBS a one-time (for each such change) transition/administrative fee equal to 99,00 EUR (or $99.00 in the case of U.S. dollars for U.S. clients), excluding applicable taxes, subject to increase for overly burdensome requirements applicable to FBS in connection with facilitating the transition with respect thereto, at its discretion. Payment hereunder shall be due within 14 calendar days of invoice. Any failures with respect to payment may be submitted to one or more collections agencies for processing in addition to the exercise of any other legal rights provided by applicable law. In the event that there is to be an intended successor to the user, user agrees to cause such successor to execute and deliver an assumption agreement, to be supplied by FBS, with respect to the assumption hereof and the applicable License Agreement, which shall be a condition to any release of user’s obligations hereunder and thereunder, to the satisfaction of FBS.

 

Licensing for Shared Information

The user grants FBS a continued, worldwide, unlimited, irrevocable, non-exclusive license without any extra remuneration by FBS, including the right to sub-license, to all information, including, but not limited to, texts, images, photos, video and sound files, designs and user information, which is uploaded to, shared with or saved within the products or services of FBS or shared with FBS in any other way by the user (hereafter: “the Shared Information”) to use, copy, distribute, transfer, perform, modify, or use, for commercial or other purposes, through all existing media.

 

FBS shall protect its users’ privacy and act in accordance with applicable European and United States privacy legislation and international data security standards. FBS shall not sell or otherwise share personal data of its users to third parties for marketing and sales purposes, unless in the case of prior written consent by the user(s) of the data involved. More information can be found in the Privacy Statement linked above.

 

By accepting these Terms of Use, the user guarantees that the Shared Information does not infringe any intellectual property right, privacy or other rights of third parties, does not contravene any applicable law, does not contain pornographic material nor is otherwise offensive, does not constitute a threat or defamation, is free from viruses or other code which is harmful or could be harmful to FBS and has no commercial purpose. The user remains fully responsible and liable for any direct or indirect damage caused to FBS and third parties due to the Shared Information.

 

User Information and Registration

The user declares that the information provided, in example for registration, is correct and complete and that it will update such information where possible within the products of FBS in case of changes. Any passwords should be stored carefully and may not be shared with third parties.

 

The user may not grant third parties access to FBS products or services via its own registered account. In case the user shares its account access information with third parties, it will be fully responsible and liable for direct and indirect damage resulting therefrom.

 

The user agrees that FBS saves, processes and stores all the data provided by the user, including through use of the products. More information can be found in the Privacy Statement linked above.

 

Communication

FBS may send varying communications to users via the products, including update notifications or reminders, emails or other communications. Users can indicate (by email) to what extent they wish to receive said communications. The user agrees that FBS may approach the user for important changes or updates to the products in case deemed necessary by FBS. Such communication shall in principle never contain any commercial messages from third parties.

 

Users can communicate with each other within the products, e.g. by placing comments or sending messages or discussing within groups. The user declares not to send spam or any other communications which is undesired by the receiver, being commercial or otherwise, including, but not limited to, threatening, aggressive, obscene, ignominious, offensive, privacy infringing or commercial communications. Any acts contrary to these conditions can – as with the other conditions – result in immediate denial of access and use of the products and services of FBS and termination of the user license.

 

FBS is at any time free to delete any user communications or other Shared Information without any prior or further notice to the user if these are regarded to be below standard or otherwise inappropriate by FBS.

 

For all communication and contact via the products of FBS, the following user guidelines apply:

  1. a) Keep it always fun and positive
  2. b) Treat other users with respect
  3. c) Respect opinions of others, even if you do not agree with it
  4. d) Do not place “off-topic” messages within discussions
  5. e) Do not bother people with irrelevant matters
  6. f) Do not advertise for any products or services

 

Information from Third Parties

The products may contain information from third parties or refer thereto, including but not restricted to information created by users, advertisements, banners and/or website links (hereafter: “Information from Third Parties”).

 

Information from Third Parties generally is and cannot be previously checked by FBS, which means that we cannot guarantee the quality and validity thereof. FBS is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage that may result from it.

Third Parties may connect to FBS via the API of FBS or obtain access to publicly available data contained within the products, including possibly personal user data that has been published on the products with the user’s permission. Besides that, Third Parties can obtain access to public and closed personal data via the API, when a user explicitly gives permission for it. These Terms of Use and the Privacy Statement of FBS do in principle not apply to Information from Third Parties unless otherwise described therein. These Third Parties may use different general terms and conditions and privacy statements. FBS shall also be entitled to invoice users for any Third-Party fees, costs and expenses necessary to provide the products and services to the user, including any subsequent changes thereto.

 

Unlawful Information

After a report of unlawful conduct, FBS will investigate the presence of unlawful information in one or more of the products within a reasonable time and will take action against it if possible. Any unlawful communication should be reported directly via e-mail to [email protected]. This report should in any case contain the following information:

  1. a) The URL or screenshot where the alleged unlawful information can be found.
  2. b) An explicit statement of the reporter that the material is unlawful and why.
  3. c) In case it is a case of infringement of rights of intellectual property, the reporter needs to substantiate that he / she is the rightful owner of said rights, and to which extent the information infringes said rights.
  4. d) In case the reporter represents someone else, an authorization that allows the reporter to act on behalf of the rightful claimant, signed by the rightful claimant.
  5. e) The reporter’s name, e-mail address, mailing address and phone number.

 

Paid Products

The listed prices of the products are in Euros or USD, as applicable, and exclude value-added tax, unless explicitly stated otherwise. All listed prices are conditional and can be adjusted without prior notice. User shall direct questions with respect to license fees to [email protected].

 

The license duration is for a period of 1 month or 12 months. After the license duration, your license will automatically be renewed for consecutive 1 or 12 month periods respectively. Your license can be terminated at the end of every month or 12 month period, taking into account a required cancellation notice of one month prior to the end of said period.

 

Any termination, regardless of the reason thereof, shall entitle FBS to require payment of the full amount owed under the applicable License Agreement as if the full license period thereunder had been completed in full.

 

If an invoice has not been paid within 30 days after it has come due, FBS has the right to increase the total amount payable immediately by 10% and increase this amount by another 5% for each 30-day period that passes in which such invoice remains unpaid, or the maximum amount allowed in a specific country. User is limited to thirty days following issuance of any invoice to object thereto or user shall be deemed to have consented thereto.

 

The products and services of FBS shall be delivered as soon as possible or within the agreed period after payment. FBS reserves the right to restrict access in the event of repeated non-payment or delayed payments for any product or service. FBS accepts no liability for any damage in case the delivery takes place after the agreed period.

 

 

 

 

Modifications to the Products

FBS explicitly reserves the right at any time to modify, stop or change all or a part thereof of one or more of its products or services, for a determined period or in perpetuity, without prior notification or after to the user, whether it concerns paid or unpaid products. This may also result in inaccessibility or loss of a part or the whole of the Shared Information, including the Shared Information of the user. FBS cannot be held liable for any direct or indirect damage resulting thereof. In case of such a modification of the products, for whatever reason, the user will have on his request the (already) paid amounts to FBS or her partners refunded pro rata, subject to the discretion of FBS. For the avoidance of doubt, user shall have no right to pause the license period for any of the products or services; any such action shall be in the sole discretion of FBS.

 

Modification of Terms of Use

FBS reserves the right to change these Terms of Use at any time. After such a modification, the modified Terms of Use will be offered for inspection immediately on FBS’ website. By using the website and the other products of FBS after changes to the Terms of Use, the user shall be deemed to agree to the modified Terms of Use.

 

Conformity and Exclusion of Liability

The products and the content thereof are delivered by FBS as such, including potential defects. Neither FBS, nor its representatives, partners or suppliers give any guarantee, explicit or implicit, regarding the functionality of the products or services or any content thereof.

 

FBS cannot and does not guarantee that the products or services are available at any moment at any location, and that said availability will occur safely, or that any errors will be solved or that the products will be free from viruses or other potentially damaging software or parts.

 

The user acknowledges that the products may contain potential defects and accepts the risks for any direct or indirect damage that may occur thereof. In no case shall FBS be held liable by user or any third-parties in the case of damages resulting directly or indirectly in the case of any defect in its products or services. FBS’ liability shall in any case be limited to the equivalent of six months license paid by the user or EURO 2,500.00, whichever is less. The user cannot terminate any agreement with FBS based on actual or perceived non-compliance with any term thereof.

 

Electronic Signature

By using the products or services of FBS the user is deemed to provide an electronic signature so that these Terms of Use apply.

 

Application and Competence

These Terms of Use replace all prior agreements or commitments with respect to the matters contained herein.

 

One or more parts of these Terms of Use may not apply in the applicable legal system or be found to be unenforceable. In any such case, the remaining parts of these Terms of Use shall remain valid between the user and FBS.

 

In the case of users outside of the United States, Dutch Law applies to these Terms of Use. Any disputes which may result herefrom will be exclusively decided upon by the competent court in Amsterdam, The Netherlands. In the case of users located in the United States, the laws of the State of Delaware apply to these Terms of Use. Any disputes which may result herefrom will be exclusively decided upon by the competent court in the State of Delaware, United States.