Terms, Conditions and Privacy Policy of Youdowell AG

1. Applicability, scope and conditions of use

1.1 Applicability

When accessing the website of Youdowell and db.coach (“YDW/DB”), the user (“Customer”) agrees to the following terms and conditions (“Terms”) to accept. If a customer with these terms and conditions does not agree, he must refrain from accessing and using the website.

1.2. Scope

These Terms and Conditions govern the contractual relationship between YDW/DB and the customer and the privacy policy in accordance with paragraph 3.

1.3. Terms of conditions

For the full use of the website  “Adobe Flash” is required and the capitalization of “JavaScript” in the Web browser. For problems that are due to the configuration / rules of the IT security of the customer, no support is provided by YDW/DB

The offer of YDW/DB directed only at persons of full age.

  1. Conditions of contract

2.1. Usage rights

YDW/DB  grants the Customer a non-exclusive, upon compliance with the terms and conditions right to use the website information made available for personal, non-public and non-commercial use. Any improper use, including reproduction, transmission, modification and / or linking to the Web site for public or commercial purposes is prohibited. All items on the site of YDW/DB contained elements such as recipes, workouts, information, data, photos and layouts are the intellectual property of YDW/DB, or authorized third parties.

2.2. Disclaimer

2.2.1 Technical Level

YDW/DB expressly disclaims any and all liability in connection with these Terms and the Site extent permitted by law. Specifically excluded is any liability for any damages (including consequential damages) arising out of your access to the Site and / or from their use (menu suggestions, expert answers to customer questions, tips, articles, fitness and movement exercises, etc.) or from the inability or restriction of access or use (such as functional interruptions, technical error, etc.). YDW/DB also not liable for the misuse of the Internet and associated damage (eg viruses), nor for security lapses and failures of telecommunications networks and the Internet. In particular, the operational readiness of the Internet can not be guaranteed. It is possible that technical defects, malfunctions, errors in transmission, overloading of the network, illegal intrusion into the network, malicious blocking of electronic access by third parties, interruptions or other problems may occur across any network.

The use of the website by YDW/DB is entirely at your own risk. For damage to your own system, arising from the use of YDW/DB solely liable to the user or customer.

2.2.2. Content Level

Caution: Consult always a health expert (doctor, nutritionist etc.) before starting the YDW/DB program to get the confirmation that this program is suitable for you. Not all motion and nutrition plan/programs are suitable for everyone. If you feel discomfort or pain, you must stop the program and immediately consult a medical expert.

 

The presented applications/content and advices (plan page, blog, newsletters, videos etc.)  do not provide medical advice, professional diagnosis, treatment or services to you or to any other individual. Through YDW/DB’s website (videos, blog posts, website content etc.), we provide suggestions for you and your doctor to research and provide general information for educational purposes only. The information provided on the website/app of YDW/DB is not a substitute for medical or professional care, and you should not use the information in place of a visit, call consultation or the advice of your physician or other healthcare provider. YDW/DB is not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through YDW/DBs’ web site/app.

2.3. No Warranty

YDW is not responsible for the accuracy of the data or to third sites linked information.

Furthermore YDW/DB accepts no liability to the customer on a successful goal achievement while using the Web site YDW/DB and their activities (eg. Maps, suggestions, tips, expert feedback, etc.). YDW/DB not only guarantees the effort to use the services offered, but their success.

2.4. Commitment

The customer agrees to hold harmless from any YDW/DB type of action, damages, losses or claims that may arise from its membership and / or use of the website and the information available on it.

2.5. All rights reserved

YDW/DB can – when definite indications exist – to impose sanctions against customers. When choosing the applicable penalties, YDW/DB the best interests of the client. The following measures are YDW/DB: Delete from customers content, warning of the customer, temporary or permanent blocking or deletion of an account. Blocked customer is forbidden to register again on YDW/DB.

2.6. Subscription and Pricing

Our Services consist of a free, limited version (“Basic Service”) and premium products with differing functionality based on the subscription level (“Premium Service”). Premium Service typically requires a fee, which is either paid by the user (“Personal Premium Service”) or by a third party on behalf of the user (“Business Premium Service”). You do not have to become a Premium Service user to use the Services. However, if you are not a Premium Service user, you may be precluded from using certain portions, components, content, features, or resources of our Services. We reserve the right to eliminate or modify any or all of the functionality of the Basic Service at any time without any prior notice to you.

Whether or not you use the Basic Service or the Premium Service, you are responsible for all charges and fees associated with connecting to and using the Website and/or Mobile App, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website and/or Mobile App.

2.7. Fees, renewal, cancellations and refund policies

If you are a subscriber to our Premium Service, you further agree as follows:

  1. Agreement to Pay.

Personal Premium Service. If you are a Personal Premium Service User, you will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the Premium Services may also apply.

Business Premium Service. Business Premium Services are generally purchased by our third party commercial customers (“Business Customers”) for a specified period, and a Business Customer generally provides you with a unique activation code that allows you to access certain Premium Service features purchased by such Business Customer for a specified period. In such instance, your access to Premium Service has been paid for by our Business Customer, and you will be able to use Business Premium Service features until the expiration of a specified term agreed between YDW/DB and such Business Customer.

  1. Auto-Renewal. Unless your Premium Services have been paid for by one of our Business Customers, your Premium Service membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Premium Services or continued use of the paid subscription features of the Premium Service will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically downgraded to the Basic Service effective as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If (you purchased a multiple-period prepayment plan or you were eligible for a promotional rate but are no long eligible for that rate, then your subscription will be offered to renew your subscription at our then-current non-promotional subscription rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your subscription prior to the termination of your current plan. If you fail to renew your subscription for any Premium Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.
  2. Cancellation of Personal Premium Service Subscription. You can cancel your subscription for our Premium Services at any time by contacting YDW/DB’s Customer Support at info@youdowell.com  or in written at db.coach c/o Youdowell AG, Tödistrasse 48, CH-8810 Horgen, Switzerland, Attn: Customer Support. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription for Premium Service, your subscription will remain active until the end of your then-current subscription period.

Both the customer as well YDW/DB have the right to announce the contract at any time with immediate effect. If the customer terminates, he/she is not entitled to a refund (neither entirely nor pro rata basis) of a pre-paid membership dues.

 

  1. Refund Policy.

Membership through Permium Service Subscription. If the customer terminates, he/she is not entitled to a refund (neither entirely nor pro rata basis) of a pre-paid membership dues.

Membership through Business Customers. For Business Premium Services users, the Business Customer paying for your Business Premium Service subscription controls such an account (which may be different from your personal account) and may terminate your access to it. You agree that we will not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Premium Services that were originally provided to you by such Business Customer. If your had Business Premium Service subscriptions paid through a Business Customer but you are no longer eligible to receive such benefit from the Business Customer, it is also possible that your Business Premium Service account will terminate with us, and you will have to sign up for a new account.

Modifications. We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mobile App or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.

  1. Privacy Policy

3.1. Information We Collect

The customer privacy and security of the personal data have the highest priority for YDW/DB. It is of YDW/DB done everything to protect the privacy of customers. Personal customer information will not be sold to third parties.

YDW/DB collects personal data at the time of registration. These can be: address, mobile phone number (for instance for location-based services.), Birthday, credit card information, and other information to the customer to be able to offer a personalized program. YDW/DB are – without the consent of the customer – no personal customer information on, except the law requires it or to protect the rights of YDW/DB.

The registration of customers to the website of YDW/DB, also personal, non-identifiable information is collected; as zBsp. demographic data (eg. age or gender), health information (eg. current body weight and height, metatypes), and e-mail address. Non-personally identifiable information may also be the computer IP address of the client whose browser type, domain names, and other anonymous and statistical data. This type of information is used to better understand the needs of our customers and to optimize the services of YDW/DB steadily.

YDW customers can use email address in order to send messages also, tips or newsletter about YDW services. The customer can decide whether it wishes to receive such emails but himself.

3.2. Use of Cookies
YDW/DB also collects non-personally identifiable information by the passive use of “cookies”.

“Cookies” are small text files that are stored on the customer’s computer to determine (1) take place which web browser that uses (2) the activities of the client computer to the website of YDW/DB  and (3) the behavior the customer in connection with the advertising and marketing efforts to better understand. “Cookies” can also be used to personalize the customer experience on our site (eg. Dynamically generated content personalization) to you, to assist you in using the Web site YDW/DB  (zsBp Automatic loading of the customer name) or utilization data to produce statistics to achieve optimization of YDW/DB services and products.

Advertisers and other third parties to be able to use their own “cookies” when you click on the advertisement or link on their website. These Terms do not govern the use of such sites and is not responsible for YDW/DB linking to such sites.

3.3 Community, forum, message boards, blogs, groups,
YDW/DB offers various services such above, in which the client and other members can communicate with each other. These terms and conditions do not prevent the customer from being when he exchanges information about yourself via these public services ..

3.4. Correcting / Updating or Removing Information
The customer can (in log under “settings” after) delete their personal information available at any time, worked, or update.

3.5. Receive newsletters, tips, etc. Potcasts
YDW/DB customers who do not want news, tips and newsletter more, it can be cut off at the end of the communications by opting-out with the “Unsubscribe” link.

3.6. Third Party Information
YDW/DB can collect information about the customer. Primarily related to or about other products, which provides YDW/DB on the site are available to assist in the evaluation and improvement of the Web site YDW/DB and their services.

YDW/DB can provide anonymous customer information to third parties without being able to infer the person. For example YDW/DB third party may inform in terms of the number of “unique users” on the website, the demographic breakdown of registered customers, or the activities that visitors and customers to the website of YDW/DB exercise, or anonymized health data, behaviors, etc. third user which such information will be handed out, can be the following: advertising partners, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties. YDW/DB can also cooperate with third parties in order to serve the customers in addition to goods, services and / or products.

3.7. Security
YDW/DB has integrated a number of measures to protect the customer from loss, misuse and alteration of the information under the control of YDW/DB, including personal credit card information, if the client performs an e-commerce transaction on YDW/DB. To ensure the integrity and confidentiality of customer information, YDW/DB uses Secured Socket Layer (SSL) encryption technology. The customer information is on internal servers that only selected personnel of YDW/DB  (“need-to-know” basis) have access. The staff are intimately involved in the Privacy Policy and everyone is obliged to sign a written agreement to protect private data. A violation of this privacy policy by an employee will result in disciplinary action. Despite all the security measures YDW/DB can not guarantee for the security of customer data. Unauthorized access to data, hardware or software failure, and other factors that may affect safety at all times. YDW/DB strives to protect customer data, however, the safety and privacy of all information provided to us, is not guaranteed. Once the customer YDW/DB provides private data, it does so always at your own risk.

3.8. Submission and disclosure of information collected by YDW/DB
YDW/DB does not transmit any customer related information, unless the client authorizes YDW/DB, or the law requires it from YDW/DB, or to protect the rights and / or property of YDW/DB.

In the event that YDW/DB gets sold, aquired, or merged, or all, or sells only individual assets of the company to third parties, or YDW/DB liquidated the company reserves the right YDW/DB before being able to transfer the customer data to third parties involved. In such a case, YDW/DB  will seek the Terms of YDW/DB be found in the new third-party application. YDW/DB is the customer – notified accordingly via website or email – in such a case.

3.9. Changes to the Terms and Conditions and Privacy Policy
If YDW/DB change the Privacy Policy, the changes get announced on the website accordingly that the customer always knows what information is collected, how it is used and under what circumstances, if any, they are passed. Changes to the Terms and Conditions may be made by YDW/DB at any time. If the customer should not agree to the Terms and Conditions of YDW/DB, he shall not use the Website of YDW/DB.

3.10. Agreement on jurisdiction, applicable law, others

These terms and conditions shall be governed and construed in accordance with Swiss law and the parties submit to the exclusive jurisdiction of the Swiss court in Zurich. YDW/DB may, at its own discretion, choose to go to court at the resident court of the plaintiff.
In case individual or multiple articles in these terms and Conditions become ineffective, impracticable or late, this shall not affect the validity of the terms and conditions as a whole. In such a case, the related law of the land shall replace any ineffective or impracticable clause. The same applies if these terms and conditions should contain omissions of statutory regulations. In such a case the relevant law shall be used.

These terms and Conditions are subject to Swiss law. Court of jurisdiction for all claims is Zurich.

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