Terms of service: HRV4Training Pro & Training Planning
Welcome to HR4Training, HRV4Training Pro and HRV4Training Coach. By using, registering for, or accessing HRV4Training, HRV4Training Pro, HRV4Training Coach, or any of our associated mobile applications for Apple or Android or Web applications and sites (collectively, the "Service”) you agree to be legally bound by these Terms of Service (the "Terms").
We reserve the right to alter, modify, or replace the Terms at any time. Your continued use of the Service following notification of any changes to these the Terms shall constitute acceptance of the revised Terms. The Terms were last updated March 16th, 2019.
1. No Medical or Health Advice
(a) The Service is not intended to diagnose, treat, cure, or prevent any disease, illness, or health problem. The Service is not intended to provide health or medical related advice. If you (i) have any medical condition, (ii) are taking any medication, (iii) are pregnant, or (iv) have chest pain, joint pain, or shortness of breath, you agree to consult a physician before using the Service. If you experience any discomfort when using the Service, you agree to immediately discontinue use and consult a physician.
(b) If you experience a medical emergency you should immediately discontinue use of the Service and call for emergency medical assistance. We shall in no way be responsible for any medical or health problems that may result from using the Service, interacting with other users, or relying on advice or information made available through the Service. You agree to use the Service at your own sole risk.
2. Personal safety
You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge A.S.M.A. B.V. from any and all claims or causes of action, known or unknown. A.S.M.A. B.V. cannot be held responsible for any injuries which may occur as a result of these exercises.
You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
You understand and agree that you voluntary and at your own free will assume all known and unknown risks associated with such athletic or recreational activities even if such risks may be claimed to be caused in whole or part by actions, inactions or negligence of A.S.M.A. B.V., or our partners, sponsors, or affiliates.
- Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and utilize the Service. In order to activate your license, you must register for a user account with the Service (an "Account"). Your license and your Account may be terminated at any time without notice for any breach of this Agreement.
- You are at least 18 years of age, or between 16 and 17 years of age with parental consent to use the Service;
- All information you submit to or share with the Service will at all times be truthful, accurate, and complete;
- You will not use the Service to share any uploads, information, messages, or other data (collectively, "User Content") that are illegal, defamatory, inappropriate, or abusive to other users;
- You will not misuse or misrepresent the ownership of intellectual property, including, but not limited to, copyrights, trademarks or patents;
- You will not disrupt, or attempt to disrupt, the Service's security, connectivity, data, or accessibility; and
- You will not make, or facilitate any third party in making, fraudulent purchases.
- You may elect to purchase certain services, subscriptions, or application enhancements through the Service (each an "In App Purchase"). When you make an In App Purchase, you are doing so through Apple iTunes service and you are agreeing to Apple’s iTunes’ Terms and Conditions.
- We and our licensors own the rights to all intellectual property found throughout the Service, including copyrights, trademarks, and patents. No license, assignment, or sale of such intellectual property has been made to you. We reserve all rights to the intellectual property on the Service.
5. HRV4Training Pro and HRV4Training Coach
- You may create a special Account to participate in HRV4Training Pro or HRV4Training Coach (the "Coach Account” or the “Pro Account"). As a user with a Coach or Pro Account, you may request the other users with Accounts select you as their coach. You may receive analytical data and metrics from users who have selected you as their coach.
- Coach and Pro Accounts are subject to a subscription charge which may be purchased through the Apple or Android store (the "Coach Subscription”) or Stripe via a Web application or site. Coach and Pro Subscriptions will not automatically renew and users with Coach or Pro Accounts are required to manually renew Coach or Pro Subscriptions of they wish to retain access to the Service.
- You acknowledge that if your Coach or Pro Subscription ends without being renewed, all data in your account, including data received from other users, may be lost.
- If you have an Account and enable a user with a Coach Account to act as your coach, you agree that such Coach Account user will be given access to your personal data and information you entered in the app.
6. User Content
- The Service may, through use of your phone or a peripheral device, collect personal data about you ("User Content"). User Content shall also include any information, photographs, videos, or other data uploaded to the Service in any way. You are solely responsible for your User Content.
- Your User Content is used in the Service, to provide you with features and insights based on such data (for example, fitness estimates based on age).
- You have access to your User Content via the Service and can export your data anytime through the Service using the export function (‘individual access request').
- You may ask us to delete all your User Content from the Service (‘right to erasure').
- You should backup your User Content to guard against loss. We shall in no way be responsible for any loss of User Content or other data.
- Your User Content might be anonymized and used for research purposes.
- Your data is not shared, distributed, used by or sold to third party unless you explicitly authorize transferring data to a third party service within the app (for example if you authorize sending your data to TrainingPeaks or other service).
7. Third Party Information
- The Service may contain links to third party websites or applications. Additionally, users may provide you with links to third party websites or applications. We have no control over the content of these third party links and you agree to visit or access these links at your own risk. Please use caution when accessing any link unaffiliated with the Service.
8. LIMITATION OF WARRANTIES AND DAMAGES
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON "AS-IS," "WHERE-IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE TO YOU ON A TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, COMPLETE, TRUTHFUL, RELIABLE, OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL CODE.
- IN NO EVENT SHALL WE OR OUR AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION FOUND ON THE SERVICE, OR YOUR INTERACTION WITH ANY USER ON THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, FRAUD, STRICT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU EXCEED FIVE HUNDRED U.S. DOLLARS ($500 USD).
- THE PARTIES AGREE TO WAIVE THEIR RIGHTS TO PARTICIPATE IN ANY CLASS ACTION OR GROUP ARBITRATION AS IT RELATES TO THE SERVICE OR THE TERMS.
- YOU MAY USE CERTAIN PERIPHERAL DEVICES IN CONJUNCTION WITH THE SERVICE. WE DO NOT ENDORSE OR WARRANT THE USE OF ANY OF THESE DEVICES. YOU USE THESE DEVICES AT YOUR OWN SOLE RISK.
- YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING, RUNNING, OR FOLLOWING A A.S.M.A. B.V. TRAINING PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF A.S.M.A. B.V. OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
- YOU EXPRESSLY AGREE TO RELEASE A.S.M.A. B.V. , ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE A.S.M.A. B.V. WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY A.S.M.A. B.V. TRAINING PLANS), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE.
- BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
9. Terms Specific to Apple Devices
By accessing the Service on any Apple, Inc. (“Apple”) device, the following additional terms shall apply:
- This agreement is made solely between you and the us, and not with Apple. Apple is not responsible for the Service and that Apple has no responsibility to furnish maintenance or support for the Service;
- The Service is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of the Terms as they are applicable to the Service;
- You will not use the Service on any Apple device that you do not own or control;
- In the event of any failure of the Service to conform to any applicable warranty, Apple’s sole warranty obligation to you will be to refund to you the purchase price (if any) of the Service;
- You acknowledge and agree that the we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Service;
- You acknowledge and agree that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and the we acknowledge and agree that, in your use of the Service, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
10. Additional Terms
- If any provision of the Terms is found to be unenforceable or invalid, that remainder of the Terms shall be enforced to the fullest extent possible.
- The Terms shall be interpreted and construed by the laws of California and the United States. Any dispute arising from or related to your use of the Service or these Terms shall be brought exclusively in the state or federal courts of California competent to hear such dispute.
- You may not assign your license or the Terms. We may assign the Terms as a condition of any sale, merger, or reorganization.
- The Terms represents the full, final and complete understanding of the parties as it relates to the subject matter hereof.