General Terms & Conditions Frans Bosch Systems Exercise App
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.
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.
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.
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
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
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.
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.
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:
- a) Keep it always fun and positive
- b) Treat other users with respect
- c) Respect opinions of others, even if you do not agree with it
- d) Do not place “off-topic” messages within discussions
- e) Do not bother people with irrelevant matters
- 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.
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:
- a) The URL or screenshot where the alleged unlawful information can be found.
- b) An explicit statement of the reporter that the material is unlawful and why.
- 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.
- 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.
- e) The reporter’s name, e-mail address, mailing address and phone number.
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.
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.
Application and Competence