Terms & conditions
Who we are. Inspiration Labs OÜ (16189790), based at the address Lõõtsa tn 5 Lasnamäe linnaosa, Tallinn Harju maakond 11415 („I'M Inspiration”), operates an interactive online platform (“Platform”) and mobile app (“App” and together with the Platform, the “I'M Inspiration Products”) aiming to connect, and create new opportunities for people who are,currently or potentially interested in the subject of the triathlon.
Registration. To be able to use the I'M Inspiration application, a one-time registration is required (see Section 4, below).
Our Goal. I'M Inspiration Goal is to make triathlon training enjoyable and to make a positive contribution to people’s health.
Disclaimer. Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. I'M Inspiration neither substitutes your doctor, nor is I'M Inspiration responsible for your behavior. The contents of the I'M Inspiration Products, regardless whether they are provided by I'M Inspiration, 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. I'M Inspiration offer the I'M Inspiration 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, the confirmation of which is the creation of an account in the I'M Inspiration Products
Prerequisite. Neither the registration nor the use of the complete spectrum of I'M Inspiration Products shall be possible without consent to these T&C.
Extent. These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for I'M Inspiration Products. In particular, the IM Inpiration online offering will be accessible via iminspiration.com.
SUBJECT OF THE AGREEMENT
Currently I'M Inspiration essentially offers its users the following features and information in several languages:
News regarding I'M Inspiration in short form.
Information about the I'M Inspiration app.
Content, e.g. texts, pictures and videos, regarding sports, health and nutrition, that is presented by I'M Inspiration and professional third parties (sports coaches, trainers,...).
A blog presenting company information, products and news regarding health and fitness in long form.
Other content, such as:
About I'M Inspiration: Short description of I'M Inspiration.
Advertising by I'M Inspiration and/or third parties.
Support for users.
Application for Apple iPhones, Android phones, and other smartphones on a global scale, that can be used on the smartphone.
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 application is 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.
Free Membership. The I'M Inspiration Products require a one-time, free registration. The „Free Membership” (basic) makes only basic options and features available to users. I'M Inspiration offers users two ways of registering:
Via the registration form provided on the Platform..
Via App: 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.
I'M Inspiration Premium Service for “Premium Members” („Premium Membership”), with all options and features, is also available against payment of a certain price.
Specific Premium Member Terms & Conditions as set forth in Section 6 apply to the Premium Membership. Unless otherwise specified in the T&C or Section 6, all other provisions of these T&C also apply to the Premium Members.
Through registering as a Premium Member you claim that you are over 18 years of age and that you are legally authorized to enter into agreements according to applicable law. If the aforementioned representation is not true, I'M Inspiration is not bound by these Premium Conditions.
Minors. Only persons over the age of 18 and legally capable to enter into agreements on their own behalf shall be permitted to register in I'M Inspiration platform. No individual under these age limits may use the Services, provide any Personal Data to I'M Inspiration, or otherwise submit Personal Data through the I'M Inspiration Products (e.g., a name, address, telephone number, or email address).
Consequences of Registration
By registering, 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 I'M Inspiration once only, and confirms with his/her registration that he/she has not registered an account with I'M Inspiration 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.
Rights of I'M Inspiration
I'M Inspiration 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 I'M Inspiration has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, I'M Inspiration 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, I'M Inspiration reserves the right to contact you at any time to verify your registration data.
User Identity. I'M Inspiration is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent.
GENERAL TERMS AND CONDITIONS FOR ALL USERS
You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at [email protected] or, for Premium Members, [email protected], of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
I'M Inspiration will not refund any amounts paid by you to I'M Inspiration before you report an unauthorized or fraudulent use of your account.
I'M Inspiration 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. I'M Inspiration 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.
Discount, Coupon or Gift Codes. I'M Inspiration has the exclusive right to grant discounts, coupons and gift codes, which cannot be combined with any other cash-off price, sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. The use of the discount, coupon or gift code before it expires lies on the user side of the I'M Inspiration Products. Expired codes cannot be refunded or extended. The user's responsibility for I'M Inspiration products is also to terminate the Premium Service before the end of a free or discounted period if he does not want to continue with a Premium Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Premium Service, coupon validity dates, and/or purchase quantities. I'M Inspiration reserves the right to cancel discounts and coupon promotions at any time.
SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS
Subscription Requirement. In order to use the I'M Inspiration Premium Service for Premium Members, you must (i) be a Registered User, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card, or any other form of payment accepted by I'M Inspiration (the „Subscription”).
Types and Prices of Subscriptions. I'M Inspiration offers different Subscription periods so that you can choose the one that best satisfies your needs. The different Subscription types and applicable prices are available for viewing here: www.iminspiration.com or in the App. All prices are subject to change at I'M Inspiration. discretion at any time. Any price changes will be announced on the Platform, in the App or via e-mail.
Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.
Payments for the entire term of your Premium Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems. If I'M Inspiration 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. I'M Inspiration may deliver invoices and payment reminders to the user by email.
Automatic Renewal. When your 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 Platform and in the App.
Cancellation. You may cancel your Subscription to I'M Inspiration Premium Service for Premium Members at any time by initiating the cancellation via the App. Unless otherwise provided for in Section 10, I'M Inspiration will not refund previously paid amounts.
Expiration. Subject to Section 6.4, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the I'M Inspiration Premium Service for Premium Members during such period. Each user can check the length of the current Subscription period by viewing such user’s account information in App.
Contact. Please contact us for any questions you might have or to report any violations of the Premium Conditions in this Section 6 at [email protected].
Application of Other Rules. Unless otherwise specified in this Section 6, all other provisions of these General T&C apply also to the Premium Members.
SPECIAL CONDITIONS FOR TRAINING PLAN USERS
General. I'M Inspiration offers Training Plans to Registered Users that can help you to improve your performance.
Subscription Requirement. In order to use the Training Plan Services, you must (i) be a Registered User and (ii) pay the stipulated price along with (where applicable) the VAT and any other fees or amounts associated with the Training Plan Services, by credit card or any other form of payment accepted by I'M Inspiration (the “Booking”).
Booking. ronman Inspiration offers different types of training plans on the Platform, so that you can choose the one that best satisfies your needs.
Payment. Payment is made in advance. In other words, you can select the training plan that best satisfies your needs. Once you have signed up and paid the price, the corresponding validity period will be associated with your account. I'M Inspiration uses secure payment service providers to guarantee that your payments are secure.
Prices. You can consult the different applicable prices on the Platform and on the mobile application. Any price changes will be announced on the iminspiration.com website.
Premium Membership. Training plans are included for Premium Members. The validity period for Premium members equals their Premium Membership.
Cancellation. You may cancel the Training Plan Service at any time by initiating the cancellation on the Platform. Unless otherwise provided for in Section 10, I'M Inspiration will not refund previously paid amounts.
Wireless Carrier and Device Considerations. To use or access I'M Inspiration App, you will need a compatible device. I'M Inspiration cannot guarantee the applications will be compatible with, or available on, your device. I'M Inspiration does not charge for use of some basic applications; however, you may need to pay fees to use certain premium applications or features. Further, your phone company's normal messaging, data, and other rates and fees will still apply.
Text and Mobile Messaging Express Consents. By downloading or using I'M Inspiration App, you expressly agree we may communicate with you regarding transactions you have initiated on the Services or respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to I'M Inspiration automatically form your device. I'M Inspiration will not send you direct messages of a marketing nature without your prior express consent and you can opt out of receiving any marketing messages from I'M Inspiration at any time.
Mobile Application License. I'M Inspiration hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use I'M Inspiration App downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
App Stores. If you download our applications from a third-party app store (the "App Provider"), you acknowledge and agree that:
The Terms are an agreement between I'M Inspiration and the user, and not with the App Provider. As between I'M Inspiration and the App Provider, I'M Inspiration is solely responsible for its applications;
The App Provider has no obligation to provide any maintenance and support services with respect to the I'M Inspiration App;
In the event of any failure of the I'M Inspiration App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between I'M Inspiration and the App Provider, I'M Inspiration responsibility;
The App Provider is not responsible for addressing any claims you have;
If a third party claims an application infringes another party's intellectual property rights, as between the App Provider and I'M Inspiration, I'M Inspiration will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms;
The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the application. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof;
You must also comply with all applicable third-party terms of service when using the applications.
PHYSICAL ACTIVITIES AND DIETARY GUIDANCE
You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness or fitness program, or any dietary program or guidance. By using I'M Inspiration Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the I'M Inspiration Products, and that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone's condition and abilities are different, and participating in the activities promoted by I'M Inspiration Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.
You understand and agree that I'M Inspiration will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the I'M Inspiration Services, and that I'M Inspiration is not responsible for them. I'M Inspiration encourage you to always put safety first, follow applicable traffic regulations, do not change settings on your device while in motion or in unsafe areas and always be vigilant and take stock of your surroundings when exercising.
You expressly agree that your athletic activities, which may generate the User-Generated Content you post or seek to post on or via the Services (e.g., running, walking, cycling, hiking) and certain Third-Party Activities 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 I'M Inspiration or by the action, inaction, or negligence of others.
Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, I'M Inspiration are not responsible or liable, either directly or indirectly, for any injuries or damages sustained from your physical activities or your use of, or inability to use, any I'M Inspiration Services or features of the Services, including any Content or activities you access or learn about through our Services (e.g., a Third-Party Activity such as a yoga class), even if caused in whole or part by the action, inaction or negligence of I'M Inspiration or others. To the maximum extent permitted by applicable law, you expressly agree we do not assume responsibility for any Third-Party Activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by or accessed via the Services.
Disclaimer Regarding Accuracy and Reliance on Content. I'M Inspiration make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the I'M Inspiration Services, and we make no commitment to update such Content. To the extent permitted by applicable law, under no circumstances will I'M Inspiration be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of I'M Inspiration Services.
Not Medical Advice. I'M Inspiration aim to provide useful general information for our community, not professional medical advice. The I'M Inspiration Services are not medical devices, and the data provided by them is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via the Services. All Content provided through the Services, is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. To the extent permitted by applicable law, I'M Inspiration are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the I'M Inspiration Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately. Your use of the I'M Inspiration Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between I'M Inspiration and you.
General. Each user shall have the right to terminate the use of I'M Inspiration products at any time via his/her account settings I'M Inspiration shall confirm such termination vis-a-vis the user. The cancellation of a Premium Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Premium Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month. There are no refunds for termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due time, regardless of whether or not you actively use the Premium Service.
I'M Inspiration Termination Right. Additionally, I'M Inspiration 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.
USER OBLIGATIONS AND CONDUCT
User Obligations. Each user of the I'M Inspiration 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 I'M Inspiration 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 Runtastic network, including the I'M Inspiration 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 I'M Inspiration 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 [email protected]ration.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.
regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. I'M Inspiration 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 I'M Inspiration Products, I'M Inspiration imposes the following sanctions upon breach obligations by a user:
deletion of content;
temporary deactivation of user account;
cancellation (irrevocable deactivation).
The type of sanction shall depend on the purpose, impact, and type of the breach in light of Runtastic’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.
General. I'M Inspiration permits its Registered Users to use the offered I'M Inspiration Products in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.
Disclosure. I'M Inspiration 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;
safeguard the rights, property or personal safety of I'M Inspiration, its users and the general public.
Use of Content. The user grants I'M Inspiration the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, I'M Inspiration 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 I'M Inspiration or any company affiliated with I'M Inspiration. 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 I'M Inspiration uses content created by a user outside the I'M Inspiration Products, I'M Inspiration shall note that such content was created by the user.
Ownership. I'M Inspiration does not claim ownership of any content created by users and will not supervise such content.
REPRESENTATIONS AND WARRANTIES
Limitation. I'M Inspiration does not claim or warrant that:
I'M Inspiration Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors;
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 I'M Inspiration 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 and (ii) smartphone dongles;
downloading of the user’s own and third party content;
any use by the user of data created or provided by I'M Inspiration, including, but not limited to recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and I'M Inspiration 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 I'M Inspiration is no substitute for the consultation by the user of a specialized doctor.
External Content. Additionally, I'M Inspiration 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. I'M Inspiration does not make any representations or warranties with respect to products or services of third party providers.
LIMITATION OF LIABILITY
General. To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall I'M Inspiration, its subsidiaries, partners or any wireless carriers be liable to you or any third party for:
any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever;
loss of profits, revenue, data, use, goodwill, or other intangible losses;
damages relating to your access to, use of, or inability to access or use the Services;
damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content;
damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services.
To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not I'M Inspiration has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. I'M Inspiration shall also not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties. In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of:
your use of the I'M Inspiration Services (including but not limited to your participation in any activities promoted by or accessed via the Services),
the use, disclosure, display, or maintenance of a usr's Personal Data,
any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages,
other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.
Content. To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) neither I'M Inspiration 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 I'M Inspiration Products. This also applies to damages resulting from errors, problems, viruses or loss of data.
Downloads. I'M Inspiration assumes no liability for downloaded material or material obtained as a consequence of using the I'M Inspiration. 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 I'M Inspiration.
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 I'M Inspiration will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not I'M Inspiration has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Under Armour, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us 1000 PLN) or the amount you paid us to use the applicable Service(s) in the past twelve months.
INDEMNIFICATION BY USERS
Indemnification. The user shall indemnify I'M Inspiration 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 I'M Inspiration Products by such user or as a result of any other usage by such user of applications available from I'M Inspiration. The user shall bear the costs of any legal proceedings, in which I'M Inspiration may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law.
Support. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to I'M Inspiration all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that I'M Inspiration may be entitled to bring against the user shall not be affected.
Release from responsibility. To the maximum extent permitted by applicable law, you agree to indemnify and hold Under Armour, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of:
your use of the Services;
your athletic activities in connection with the Services;
your connection to the Services;
your violation of these Terms;
your use or misuse of any user's Personal Data;
any violation of the rights of any other person or entity by you.
I'M Inspiration reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
CHANGES TO THE T&C
General. I'M Inspiration eserves 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 Platform as well as in the apps.
Changes. I'M Inspiration may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If the I'M Inspiration does not obtain your specific consent to the changes in the Runtastic Products, the I'M Inspiration 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 I'M Inspiration 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 I'M Inspiration.
Written Form. Subject to Sections 16.1 and 16.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
If you are not a European Union resident and you are accessing our Services from outside the European Union, you agree to transfer certain information outside your home country to us, and that you will follow all the laws that apply to you. We provide our Services for a global community of users. Our servers and operations are, however, located primarily in the European Union, and our policies and procedures are based primarily on European Union law. Because of this, the following provisions apply specifically to users located outside of the European Union: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the European Union and/or other countries; (ii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject I'M Inspiration or its affiliates to any registration requirement within such jurisdiction or country.
If you are a resident of the European Union, Hong Kong, Russia, New Zealand or South Korea: Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or willful misconduct, or (3) non-execution of any material contractual obligation.
If you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.
If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these Terms to the contrary, the qualifier "to the maximum extent permitted by law" and other qualifiers of similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have no force and effect.
If you are a resident of Japan: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Contract Act.
If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, any modification to these Terms will be announced on the website prior to the effective date thereof; provided if you do not express intent to refuse such modification or change after a reasonable period of time following such announcement, it is deemed that you have consented to such modification or change.
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 I'M Inspiration shall be governed by United Kingdom 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 Tallinn, Estonia..