Ego360 - Terms and Conditions

ENGLIGH ESPANOL ITALIANO
: 00002

Last updated: 23 October, 2018

At EGO360, our goal is to support our users on their fitness journeys and provide the best possible experience. To achieve this, we have updated our Terms & Conditions (“T&C”) which clearly outline rights, responsibilities, our Privacy Policy and more details about our services and products.

The latest version of our T&C – effective as of May 25, 2018 – will be available to you at all times. Please take the time to read them before using EGO360 services.

INTRODUCTION

Who we are.

Ego360 s.r.l. - Via Cimarosa 65 - 80127 Napoli - P.IVA 06882461210 (“EGO360”)  operates interactive online websites and platforms (“Platforms”), online video channels (“Videos”) and mobile apps (“Apps” and together with the “Platform” and “Videos” are the “Services”) aiming to inform, connect, and create new opportunities for people.

Registration.

In order to be able to use the complete spectrum of EGO360 Services, a one-time registration may be required. However, certain content and Services can be viewed without registration.

Disclaimer.

Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. EGO360 neither substitutes your doctor, nor is EGO360 responsible for your behavior. The contents of the EGO360 Products, regardless whether they are provided by EGO360, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your health.

VALIDITY OF THE T&C

Validity.

EGO360 offers the EGO360 Services on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using the EGO360 Services, in case they are available without registration, or (ii) registration, in case they require an account. These T&C shall be valid until cancelled in the currently valid version.

Prerequisite.

Neither the registration nor the use of the complete spectrum of EGO360 Services shall be possible without consent to these T&C.

SUBJECT OF THE AGREEMENT

Currently, EGO360 essentially offers its users the following Services:

Online Platforms:

  • Content, e.g. texts, pictures and videos;
  • Article post;
  • News;
  • Mobile Apps;
  • Personal profile page;
  • Professionist profile pages;
  • Sports diary, including a clear overview of sports activities;
  • Statistics, analysis and comparisons concerning your sports activities;
  • Training plans and records;
  • Status messages;
  • Company information,
  • Products information
  • Other content

Apps:

Applications for Apple iPhones, Android phones, and other smartphones on a global scale, that can be used both isolated on the smartphone as well as in connection with the Platform.

Subject to the user’s consent, relevant data is transmitted from the smartphone to the Platform and shared with other social networks (e.g., Facebook), respectively. Please see our Privacy Policy for more information.

The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.

The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.

Additional terms and conditions on the part of the mobile phone providers apply.

REGISTRATION AND PREMIUM PRODUCTS

Free Membership.

The EGO360 Services may require a one-time, free registration. In certain cases the “Free Membership” (basic) makes only basic options and features available to users. EGO360 offers users different ways of registering depending on the products:

Via the registration form provided on the Platforms or on one of the Apps:

For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of fantasy names or pseudonyms is not possible; or

Via adoption by EGO360 of registration details provided by the user in the social networks Facebook or Google:

Registration via Facebook Connect or via Google Sign-In requires the user to confirm that the selected details, which the user previously provided on Facebook or Google, shall be adopted by the EGO360 network. The user can subsequently add to or reduce such details in such user’s profile on the Apps or the Platforms.

Premium Products.

EGO360 Premium Products are available against payment of a certain price.

Specific Terms & Conditions apply to the user that buy or subscribe Premium Products (“Premium Users”). Unless otherwise specified in the T&C, all other provisions of these T&C also apply to the Premium Users.

Through buying or subscribing a Premium Product you claim that you are over 16 years of age and that you are legally authorized to enter into agreements according to applicable law. If the aforementioned representation is not true, EGO360 is not bound by these Premium Conditions.

Minors.

Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with EGO360 and to buy or subscribe the Premium Products.

Consequences of Registration

By registering or buying/subscribing a Premium Product, the user confirms his/her knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and he/she will keep all registration information up to date.

Each user shall register with EGO360 once only, and confirms with his/her registration that he/she has not registered an account with EGO360 before and has not deleted a previously activated user account.

Following successful registration, the user (then the “Registered User”) can log on to the Platform by:

  • entering his/her email address and the chosen password, or
  • accomplishing the login via Facebook Connect or Google Sign-In.

Rights of EGO360

EGO360 reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.

If you provide any information that is untrue, inaccurate, not current or incomplete, or EGO360 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EGO360 has the right to suspend or terminate your account immediately and without prior notice and to refuse any and all current or future use of the Premium Services (or any portion thereof), without the Registered User being entitled to a refund of any previously paid amount.

In any event, EGO360 reserves the right to contact you at any time to verify your registration data.

User Identity.

EGO360 is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.

GENERAL TERMS AND CONDITIONS FOR ALL USERS

Fraud protection.

You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at service.ego360@gmail.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.

EGO360 will not refund any amounts paid by you to EGO360 before you report an unauthorized or fraudulent use of your account.

EGO360 has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.

Promotions and Free Offers.

EGO360 may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.

SPECIAL TERMS AND CONDITIONS FOR PREMIUM USERS

Subscription Requirement.

In order to use the EGO360 Premium Products, you must

  • be a Registered User (when required),
  • pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Products, by credit card, via AppStores, or any other form of payment accepted by EGO360.

Types and Prices of Premium Products.

EGO360 offers different Premium Products so that you can choose the one that best satisfies your needs. The different Premium Products types and applicable prices are available for viewing in the App Stores. All prices are subject to change at EGO360’s discretion at any time. Any price changes will be announced on the Platforms or in the App Stores (depending on Product type).

Payment.

Payment is made in advance for each Product. In other words, you can select the Product that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Premium Product, the selected validity period will be associated with your account.

Payments for the entire term of your Product shall be due immediately upon invoicing. Payment can be made using different online payment systems. If EGO360 is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. EGO360 may deliver invoices and payment reminders to the user by email.

Automatic Renewal.

When the Premium Product is a Subscription and the Subscription period expires, your credit card will be charged automatically with the standard Subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription. The standard Subscription price can be viewed on the Platforms or in the App Stores (depending on Premium Product Type).

Cancellation.

You may cancel your Subscription to EGO360 Premium Product at any time by initiating the cancellation on the Platforms or via the App Store (depending on Premium Product Type). Unless otherwise provided for, EGO360 will not refund previously paid amounts.

Contact.

Please contact us for any questions you might have or to report any violations at service.ego360@gmail.com

Application of Other Rules.

Unless otherwise specified, all other provisions of these General T&C apply also to the Premium Members.

TERMINATION

General.

Each user shall have the right to terminate the use of EGO360 products at any time via his/her account settings.

EGO360’s Termination Right.

Additionally, EGO360 reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.

Further Information.

Please see our Privacy Policy for further information on the deletion of your account.

SPECIAL CANCELLATION RIGHT FOR CONSUMERS

Application of Consumer Laws.

If you are a Registered User, using the EGO360 Products for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer.

Right of Withdrawal from Contract.

You may cancel your agreement with EGO360 in writing, e.g., by letter or email, within 14 days of the date on which the agreement was entered into without stating any reasons. You can cancel the agreement by sending your notification to:

Ego360 s.r.l. - Via Cimarosa 65 - 80127 Napoli

Email: service.ego360@gmail.com

Consequences of Cancellation.

In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to EGO360 in full or in part, you are obligated to reimburse EGO360 for the value lost. This may mean that you are required to fulfill your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.

Cancellation Form.

The exercise of your cancellation right may occur via the following cancellation form:

(If you wish to cancel the agreement, please fill in and return the form below.)

To  Ego360 s.r.l. - Via Cimarosa 65 - 80127 Napoli

E-Mail service.ego360@gmail.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Email address of consumer(s) which is used to login to EGO360 Products,

Signature of consumer(s) (only if this form is notified on paper),

Date

___________

(*) Delete as appropriate

USER OBLIGATIONS AND CONDUCT

User Obligations.

Each user of the EGO360 Products must:

  • truthfully provide, and keep current and complete, his/her registration details, and must not pass on such details to third parties;
  • only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to EGO360 that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
  • not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
  • not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
  • not carry out any disrupting interferences in the EGO360 network, including the EGO360 Products, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding EGO360’s software or hardware;
  • not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
  • provide prompt notice via email to service.ego360@gmail.com of any detected breaches of the aforementioned obligations;
  • diligently care for the personal details and only allow such persons access to their own details that are close to the user; and
  • regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. EGO360 shall not be responsible for any lost or impaired details.

BREACH OF USER OBLIGATIONS

Sanctions.

In order to ensure the proper and reliable provision of EGO360 Products, EGO360 imposes the following sanctions upon breach obligations by a user:

  • warning;
  • deletion of content;
  • temporary deactivation of user account; and
  • cancellation (irrevocable deactivation).

The type of sanction shall depend on the purpose, impact, and type of the breach in light of EGO360’s and the user’s interests.

Cancellation.

In the event a user account shall be cancelled the respective user shall not be permitted to register again.

CONTENT

General.

In certain situations EGO360 permits its Registered Users to use the offered portfolio of EGO360 Services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.

Tracking. 

The user consents that, as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user. Please see our Privacy Policy concerning tracking for marketing purposes.

Disclosure.

EGO360 shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to

  • comply with statutory law, or court or administrative orders;
  • ensure compliance with these T&C;
  • react to claims of breaches of law raised by third parties; or
  • safeguard the rights, property or personal safety of EGO360, its users and the general public.

Use of Content.

The user grants EGO360 the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, EGO360 shall have the right to use, irrespective of the type of usage, all content both as part of the Platform and any other activity of EGO360 or any company affiliated with EGO360. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that EGO360 uses content created by a user outside the EGO360 Products, EGO360 shall note that such content was created by the user. EGO360 will not supervise content created by users.

Deletion.

EGO360 reserves the right to delete content created by users, such as routes, photos, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned.

Inaccurate Content.

EGO360 shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc.

PRIVACY POLICY

Please see the separate Privacy Policy available on https://www.ego360.com/privacy.php?lingua=EN that is an integral part of this agreement.

REPRESENTATIONS AND WARRANTIES

Limitation.

EGO360 does not claim or warrant that the EGO360 Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

Own Risk.

The user uses the EGO360 Products exclusively at his/her own risk. This applies, without limitation, to

  • the related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature “measuring pulse”, by pressing the photo light for a prolonged period, the user’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles;
  • downloading of the user’s own and third party content; and
  • any use by the user of data created or provided by EGO360, including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and EGO360 does not, to the extent permitted by law, assume any responsibility for the correctness of such data.

Medical Advice.

The use of any software or hardware offered by EGO360 is no substitute for the consultation by the user of a specialized doctor.

External Content.

Additionally, EGO360 does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. EGO360 does not make any representations or warranties with respect to products or services of third party providers.

LIMITATION OF LIABILITY

General.

EGO360 shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if EGO360 has caused a certain damage willfully or with gross negligence. In the event of slight negligence, EGO360 shall not be liable to other businesses and shall be liable to consumers only for personal damages. EGO360 shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.

Content.

Unless required by statutory law, neither EGO360 nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the EGO360 Services. This also applies to damages resulting from errors, problems, viruses or loss of data.

Downloads.

EGO360 assumes no liability for downloaded material or material obtained as a consequence of using the EGO360 Services. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the EGO360 Services.

Conflicts.

The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that EGO360 will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

INDEMNIFICATION BY USERS

Indemnification.

The user shall indemnify EGO360 for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to or any of the EGO360 Services  by such user or as a result of any other usage by such user of applications available from EGO360. The user shall bear the costs of any legal proceedings, in which EGO360 may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

Support.

In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to EGO360 all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that EGO360 may be entitled to bring against the user shall not be affected.

CHANGES TO THE T&C

General.

EGO360 reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on the Platforms or in the apps.

Changes.

If the Company does not obtain your specific consent to the changes in the EGO360 Products, the Company will inform you of any changes at least four weeks prior to the effective date of the changes via email to the address provided during Registration (“Amendment Information”). From receiving the Amendment Information, you will have an objection period of four weeks.

The Amendment Information will entail (i) the updated T&C, (ii) the effective date of the changes, (iii) a four-week objection period, (iv) information on the consequences of omitting an objection.

If you do not object to the changes, the updated T&C will be deemed accepted.

In the event that you object to the changes, the Company is entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for the Company.

Written Form.

Any changes to these T&C must be made in writing. No ancillary oral arrangements exist.

MISCELLANEOUS

Severability Clause.

In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.

Governing Law and Jurisdiction.

These T&C and all contractual relations and litigation between the users and EGO360 shall be governed by Italian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

Place of delivery and exclusive court of jurisdiction shall be Naples, Italy.