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Terms & Conditions of Youdowell AG (“YDW”)

OVERVIEW

Youdowell AG’s platforms render physical activity and nutrition numerically to create personalized and adaptive activity and nutrition plans for its users.

The calculation are based on parameters that the user specifies, such as fitness level, diet, goals and other settings, and the user’s activity and nutrition log, which can be entered manually and/or by uploading data that has been previously acquired such as activity/training data acquired using a sport watch, biometric data from a scale and/or subjective data entered manually. The more objective data is available, the better quality and individually the output can be calculated for the user. In addition Youdowell can in certain cases predict ideal user settings and/or parameter changes (for example: fitness zones, diet compliance etc.) when there is the data to allow it, or such becomes available. It is therefore that Youdowell AG encourages its users to make their relevant data available, for which we commit to use it only for the intended and here above defined purpose.

1.General Terms, Definitions

1.1 Youdowell AG’s services ‘YDW’ can be found on the Internet at this address www.youdowell.com (YDW)) or through mobile (phone and wearable) apps that connect to the same address. ‘YDW’  conducts a business providing activity  and nutrition services for users who want to optimize their metabolic health (e.g. overweight, diabetes type 2, hypertension etc).

1.2 The terms used below are defined and understood as follows:

User: A registered subscriber of motion (physical activity) and/or nutrition services at ‘YDW’. A user has to be 16 years of age.

Expert: A health coach (nutritionist, fitness trainer etc.) who looks after the user after being invited by the user to be connected and coached.

Commersical models:

  • B2B:
    • Stand-alone Access: free for the Expert but has to be invited by a YDW user.
    • Team Access: The personal, virtual coaching service will be provided with a external company in cooperation with YDW. Renumeration based on commission or license fees (user-based)
    • Enterprise Access: Partnerspecific integration of the YDW application based on license fees (usage-based)
  • B2C:
    • 3 months subscription
    • 6 months subscription
    • 12 months subscription

Data: There are 5 categories of Data as outlined below:

1) Personal data: personal identification and contact information of the user, such as name, surname, gender, nationality, address, country of residence, email address, phone number.

2) Fitness data: such as, activity type, duration, intensity level, calories burned, etc.

3) Nutrition data: such as, meals and foods, calories ingested and expended logged, food allergies, preferred recipes/nutrients etc.

4) Biometric data: such as weight, height, BMI, WHR, sleep data, etc.

5) Some of the data used to outline overall metabolic health progress such as heart rate, sleep and stress data, digestion, respiration, energy and pain level etc. is also considered health data in accordance with European GDPR law.

1.3 Responsible Persons and Contact Information : The responsible party for the acquisition and use of data as specified above for ‘YDW’ and its online shop is Youdowell AG, Tödistrasse 48, 8810 Horgen, Schweiz.

1.4 Youdowell AG itself does not have appointed a data security officer in the sense of Art. 37 DSGVO, as it is not required.

1.5 Youdowell AG offers fitness and nutrition services to its users, which if not otherwise stated, are charged based on the current price list in the shop.

2. Services and Compensation

2.1 ‘YDW’produces fitness and nutrition plans for its users and provides storage space for logging data from accomplished physical activity and food consumption (following “the site”).

2.2 The current prices are shown in th shop (hyperlink with shop): All prices include the V.A.T. or sales taxes if applicable. If ‘YDW’ provides services not contained in the shop, they will be priced according separate agreement.

2.3 ‘YDW’ makes its services available as soon as payment has been authorized.

2.4 ‘YDW’ reserves the right to increase prices.

2.5 All data entered by the user for processing by ‘YDW’ is used to the benefit of the user. Te user owns his training data files and can have it electronically exported in the same format it has been uploaded to or received by ‘YDW’.

2.6 Permanent storage of user data is granted only as long as the user has a valid subscription for a ‘YDW’ service.

2.7 Returns: Sales of services for fitness- nutrition plans etc. are final.

3. User rights

3.1 The user can utilize the ‘YDW’ service for his personal use or can also invite a care provider (e.g. physician or nutritionist) or a health coach (‘Expert’) to access his profile and plan. Forwarding ‘YDW’ services or sharing them with a third party, for profit, is in no case permitted.

3.2  ‘Expert’-Team (e.g. clinic, health centre etc.) can utilize the expert-back office to manage and supervise coaches working with ‘YDW’ users.  Such team access is based on a license fee per coach/month. Forwarding ‘YDW’ services or sharing them with a third party, for profit, is in no case permitted.

3.2 Violation of the user agreement will be instantly penalized by expulsion.

3.3 The user and care provider or health coach is obliged to store his user name and password in a safe place and away from unauthorized usage. Forwarding ‘YDW’ services or sharing them with a third party, for profit, is in no case permitted.

The user will instantly inform ‘YDW’  if he suspects that unauthorized persons have gained access to such information. ‘YDW’ can not be held liable for damages arising from unauthorized usage. This is also valid if an unauthorized person gains knowledge of a user name and/or password.

3.4 ‘YDW’ will only make user data available for export to external formats if the legitimate user requests it. A fee might be charged, which for searching, preparing and exporting the data.

4. Guarantee

4.1 ‘YDW’  guarantees the service free of faults that would reduce its value or suitability for ordinary usage. Negligible reduction in value or suitability will not be considered. The user acknowledges that it is impossible to provide a totally flawless system when at the cutting edge of technology.

4.2 In case of bugs or faults the user is bound to notify ‘YDW’  instantly. Such notification must include an accurate description of the error. The user will make available to ‘YDW’ all information and documents necessary to analyze and resolve the problem and will cooperate with ‘YDW’ as far as possible to resolve the issue.

4.3 If investigation reveals that there was neither a fault nor a bug caused by ‘YDW’, then ‘YDW’ can request a refund based on the hourly costs at market price.

4.4. ‘YDW’  does not guarantee the accuracy of the plan content.

Privacy Policy

‘YDW’  is committed to protecting your privacy. The data that ‘YDW’  stores will be kept confidential and used only for the contractually agreed purpose. It will not be handed over to third parties*.

*Authorized ‘YDW’ partners have limited access to user data. These can include, name, email address, and summarized plan (activity, nutrition) data. A partner which does offer YDW activity- or nutrition plan or log is recognizable by his name and logo or made obvious in another way. There is never a hidden partner getting access to user’s data.

By using ‘YDW’  you explicitly allow ‘YDW’ the use of the data, including health data, you make available to provide the services you subscribed to: You retain the rights to your data.

Training is personal and in order to insure that we serve you to the best of our knowledge we do need to communicate with you, including making your current or next planned workouts available or providing individual nutritional information. We do this using email or mobile notification or using message on our website. We also periodically send you a newsletter containing updates to our services, knowledge in physical activity, health or nutrition related topics. You can always adjust if or how you want to receive our notifications in our notification center.

Ultimately you can always delete your account here.

This will erase ALL your data that is linked to you (as specified under 1.2), including all activity and nutrition files and logs and this is irreversible, meaning it cannot be undone once submitted. The only data fields that remain with ‘YDW’ after you delete your account are: name, surname, email address, language preference, date of account deletion, ID and your payments. This because we need to reconcile payments in our bookkeeping. Should you have not ever made any payments to ‘YDW’, all data is erased.

6. Availability of ‘YDW’

6.1 ‘YDW’ reserves the right to restrict or at times reduce the availability of its server and services. Such restrictions can be due to uncontrollable events, such as strikes, or technical or other issues which may impede optimum or complete performance of ‘YDW’s services.

6.2 ‘YDW’ will not take accept liability for damages or claims arising from reduced availability of services.

7. Limited liability

7.1 ‘YDW’ will only accept liability – for whatever reason – if damages arise from a material breach of contract related to its contractual obligations or result from willfull misconduct or gross negligence. In all other cases liability is excluded.

7.2 ‘YDW’ be held liable for breach of an essential contracted duty without intent or negligence, then the liability shall be limited to the value of the contracted agreement. ‘YDW’s liability for loss or /and restoration of data is limited to the conditions as outlined above and only in cases where the loss could not be limited or prevented by the user. The user is to obey the law, in particular those relating to privacy and data protection. In the case of claims from a third party related to unlawful behavior in whatever form, the user is to release ‘YDW’ from all possible claims and cover any costs that might arise in this regard.

7.3. THE USER EXPRESSLY AGREES THAT ‘YDW/DB’ IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE. The user declares that he is using ‘YDW’ at his own full responsibility. In particular he is aware that the information and data available on ‘YDW’ is not a substitute for consulting a medical doctor. ‘YDW’ stresses that all activity and nutrition plans could be potentially harmful and cause injuries or death. Therefore ‘YDW’  emphasizes consulting a medical doctor before using its activity and/or nutritional plans. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND ‘YDW’.

7.4 The user will not hold ‘YDW’  and/or its employees, directors and officers, liable for claims against coaches offering services through the ‘YDW’ platform.

8. Damages

Liability for damages will be limited to one year from the time the claimant has become aware of the circumstances leading to the claim. In any case, liability for damages will be limited to 2 years after the event claimed for.

9. Changes to these Terms & Conditions

9.1 ‘YDW’ reserves the right to amend these Terms and Conditons any time. The Site is not intended for and is not designed to attract children under 16 years of age. If you do not agree with the Terms, please do not use this Site. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

9.2 The validity of these T&C’s will not be affected if ‘YDW’ adds divisions or and in particular adds and/or renames segments under ‘YDW’.

10. Governing Law, place of jurisdiction, miscellaneous.

10.1 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’ may, at its own discretion, choose to go to court at the resident court of the plaintiff.

10.2 The German version of these Terms and Condition is the valid and applicable version. Translations in other languages are done to the best of our knowledge but in case of contradiction, the german version remains applicable.

10.3 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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