By using this website www.motosumo.com ("Website") or installing the application (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.
The following terms shall be used as defined in this paragraph throughout the Terms: " mO2tion technology innovation ApS", " We" or " Our" are mO2tion technology innovation ApS; " You", " Your" or " User" are anyone who is using the Website or installing and using the app (as defined below); and " Us" are mO2tion technology innovation ApS and You.
mO2tion technology innovation has developed a mobile application named the mO2tion app that uses 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 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.
Mo2tion Technology Innovation ApS is registered in Denmark with company registration number 35 66 07 20, and have our registered address at Ole Maaløes Vej 3, DK-2200 København N, Denmark. Any enquiries to mO2tion technology innovation ApS in relation to these Terms can be submitted by e-mail to support@motosumo.com.
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.
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 mO2tion technology innovation 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 mO2tion technology innovation 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, 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 mo2tion technology innovation 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 mo2tion technology innovation ApS' receipt, collection and processing of knowledge and information about You and Your sensitive personal data, including health information. mo2tion technology innovations 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 mo2tion technology innovation 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.
As the Services delivered by mo2tion technology innovation ApS are based upon Your physical activity, it is important for mo2tion technology innovation 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 mO2tion technology innovation 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 mo2tion technology innovation 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 mo2tion technology innovation 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 mO2tion technology innovation 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.
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.
mO2tion technology innovation ApS encourages You to always put safety first and be careful when You use the Services. mO2tion technology innovation 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, mO2tion technology innovation 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.
mO2tion technology innovation ApS may in Our sole discretion change and/or terminate the Services.
mO2tion technology innovation 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.
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.
The Services are rendered in accordance with Danish law and any dispute between Us is to be governed by Danish law, excluding the CISG.
This Private Policy (" Private Policy") is incorporated into Our terms of use. We refer to the definitions in the Terms. Do not use any of the Services, if You do not agree with this Privacy Policy.
mO2tion technology innovation ApS is entitled to revise and change this Privacy Policy at any time. You will receive a message of any material change on the e-mail address You provided when signing up if You have made an account, or by any other measures, which mO2tion technology innovation ApS finds appropriate and sufficient. Regardless hereof, You are recommended to regularly check, if the Private Policy has been changed.
mO2tion technology innovation 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"). All Data is controlled by mO2tion technology innvovation ApS.
In accordance to the Terms and this Privacy Policy, mO2tion technology innovation ApS uses tools to maintain the safety to your Data when receiving, storing and using the Data. Regardless of Our effort, transmission of data over the internet can never be guaranteed to be absolutely secure, which We recommend You to bear in mind.
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.
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 are allowed to 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.
mO2tion technology innovation ApS may send You emails on the email address associated with Your use of the Services, whether for technical or administrative purposes or in order for Us to inform Users of any changes or development in the Service. We will not send out commercial offers unrelated to mO2tion technology innovation ApS.
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.
When you create an account and log in to this account subsequently you accept the use of Cookies.
We will potentially make use of other types of cookies in the future. If so, you will be informed of such cookies on our Website and you will be able to collect more information on their purpose and how you can manage them in this Privacy Policy.
The personal data that You communicate to Us through the use of the Website or App is hosted by https://www.leaseweb.com/de/ or https://aws.amazon.com/. We use our best efforts to prevent any interference with personal data such as loss, diversion, intrusion, unauthorized disclosure, alteration, or destruction.
Any and all personal data collected and processed by mO2tion technology innovation ApS will be deleted 3 months after you have informed Us that you will not make use of Our Services anymore.
At any time Users may request that the delivery of Services is terminated on the conditions and limitations stated in the Terms.
Kindly note that in accordance with the Danish Act on Personal Data You are at all times given have the right to access, modify, and delete the personal data that we have collected and process about you. In such case, please contact Us by using any of the following address information: mO2tion Technology Innovation ApS, Hørkœr 26, st., DK-2730 Herlev , Denmark or by email: support@motosumo.com.