JURIDISCH

Gebruiksvoorwaarden

Effective: 23-01-2020

 We at IPOS Technology B.V. (“IPOS”, “we”, “our”, or “us”) welcome you to use our Service (any capitalized terms not defined, have the meaning as set out in Article 1). IPOS developed the IPOS Device and the App which enable you to improve your horseback riding by receiving (among others) real time feedback on your time per gait: (walk, trot, and canter) as well as the numbers of transitions and the overall intensity of your training.

 

These Terms of Use set forth the legally binding terms and conditions which are applicable to your access and use of the Service. These Terms of Use constitute an agreement between you and IPOS and define the rights and responsibilities you have with respect to the Service. You must accept these Terms of Use in order to create an Account and to access and/or use the Service. If you do not accept these Terms of Use, you should not create an Account and/or use the Service.

 

Article 1 DEFINITIONS AND INTEPRETATION

1.1 For the purpose of these Terms of Use and all related documents, the capitalized terms as defined below shall have the following meanings whereby these terms may be used in the singular or the plural form and vice versa, as the context so requires:

“App” the IPOS training application which is developed by IPOS and is compatible with the IPOS Device.

“App Subscription Agreement” the agreement between you and IPOS for the subscription to the App, which includes and incorporates the Order Form, as well as these Terms of Use, including all appendices, subsequent amendments hereof and/or addenda hereto, which form an integral part of the App Subscription Agreement, as may be agreed upon in writing between you and IPOS.​

“Effective Date” the effective date of the App Subscription Agreement, as set out on the Order Form.

“Initial Term” the initial term of the App Subscription Agreement, as further defined in Article 6.1.

“Intellectual Property Rights” all copyrights, neighbouring rights, database rights, patent rights, trademark rights, trade name rights, design rights, portrait rights, trade secret rights, rights in domain names, rights in Confidential Information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, related dependent or ancillary rights and priority or goodwill rights and all similar or equivalent rights or forms of protection in any part of the world.

“IPOS” IPOS Technology B.V. a limited liability company organized and existing under the laws of the Netherlands, with its statutory seat and it’s official address in (5656 AE) Eindhoven, at the High Tech Campus 12, the Netherlands, registered with the Dutch trade register of the Chamber of Commerce under number 71701346.

“IPOS Content” any photos, images, graphics, video, audio, data, text, music, exercise regimens, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Service.

“IPOS Device” the IPOS Rein Sensor pod (including the wireless charging pad) that is manufactured, distributed, or sold by IPOS itself or through its authorized resellers or distributers as made available to you for the use of the Service.

“Order Form” any online or written order form for the concluding of the App Subscription Agreement, submitted by you either during an online order process (via our Website, the App, e-mail or pdf) or separately signed by you and submitted to IPOS, and any future purchase order or order form that makes reference to the App Subscription Agreement.

“Renewal Term” any renewal term of the App Subscription Agreement, as further defined in Article 6.1.

“Service” the services provided by IPOS, which are available through the App, the Website, the Documentation, the IPOS Content, the IPOS Device and other products, including but not limited to: associated firmware, Software and API’s.

“Software” means any and all software made available to you by IPOS for the use of the Service, either via the App, the Website, the IPOS Device or otherwise.

“Subscription Fee” the fee to be paid by you to IPOS with regard to the Service under the App Subscription Agreement.

“Terms of Use” these terms of use which are applicable to the use of our Service. 

“Third Party Software” any software and/or components of such software including but not limited to commercial software, open source software, operating system software, mobile application software, tools, and utilities that is not developed or owned by IPOS.

“User Content” all data, photos, videos, comments, activities, and other content posted or created by you on (or in connection with) the App and the Software. User Content is also automatically generated when you track your training using the Software.

“Website” the IPOS website hosted at https://www.ipostechnology.com/.

1.2 The headings of these Terms of Use are for ease of reference only and are not intended to qualify the meaning of any article or section thereof.

1.3 References to words denoting any gender shall include all genders.

1.4 Any undertaking by IPOS and you not to do an act or thing shall be deemed to include an undertaking not to permit or suffer such act or thing to be done by another person.

1.5 References to the Parties include their respective successors in title and permitted assigns.

1.6 In these Terms of Use the term ‘in writing’ includes by post, fax, e-mail, clicking a "submit" or similar button or any other electronic communication device customary in the market.

1.7 Expressions of law and of legal concepts as used in these Terms of Use have the meaning attributed to them under the laws of the Netherlands and should be read and interpreted accordingly.

 

Article 2 LICENSE TO USE THE SERVICE

2.1 Subject to your compliance with these Terms of Use and the terms of the App Subscription Agreement, IPOS hereby grants you a limited, non-exclusive, revocable and non-transferrable license, without the right to sublicense to use the Service by  granting you (i) access and use of the App; (ii) access and view the IPOS Content; and (iii) use the Software that is embedded into IPOS Devices as authorized in these Terms of Use. With respect to items (i) and (iii), this license includes any third-party software embedded therein. This license is provided solely for your personal, non-commercial use and enjoyment of the Service as permitted in these Terms of Use and the App Subscription Agreement.

2.2 Except to the extent permitted by law, you may not perform, attempt to perform, encourage or assist others in performing any of the following while accessing or using the Service: (i) use, display, mirror, or frame the Service or any individual element within the Service, including the layout and design of any page of the App or Website, without our express written consent; (ii) use our name, any of our trademark or logo, or any of our proprietary information without our express written consent; (iii) access or tamper with non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iv) test the vulnerability of any our systems or breach any security or authentication measures; (v) circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service; or (vi) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any Software.

 

Article 3 USE OF THE SERVICE

3.1 Persons under the age of 13 (thirteen) years, or any higher minimum age in the jurisdiction where such person resides, are not permitted to access or use the Service unless their holder of parental responsibility has consented in accordance with applicable law. Additionally, you cannot access or use the Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Service.

3.2 You agree to use the features of the App only in accordance with the instructions as set out in the App. You may only connect to the Service using (i) a device that is manufactured, distributed, or sold by IPOS itself or through its authorized resellers or agents; (ii) our Website; or (iii) our App or approved third-party Apps, software, or devices. You may not connect to the App with any device that is not manufactured, distributed, or sold by IPOS itself or through its authorized resellers or agents. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Service.

 

Article 4 NECESSARY EQUIPMENT

Full use of the Service is dependent upon your use of a computer with adequate software or a supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all internet access charges.

 

Article 5 CREATING AN ACCOUNT

5.1 Use of the Service requires that you create an Account, for which you must provide the required registration information, including a username and password. We reserve the right to deny a user the ability to create a profile if the registration information provided is incomplete or otherwise inadequate.

5.2 Your right to use the Service is personal to you, and you are only allowed to create 1 (one) Account. Your Account is personal. You cannot transfer, assign or share your Account. Usernames and passwords are user-specific and should not be given to third parties. You are responsible for the use of the Service with your Account. You must protect any passwords or other credentials associated with your Account and take full responsibility for any use of your Account. If your username and/or password becomes compromised, you must inform us of this as soon as possible in order to limit your liability.

 

Article 6 TERM AND TERMINATION APP SUBSCRIPTION AGREEMENT

6.1 The use of the App requires a subscription. For this you can fill in the Order Form on the Website or the App. Thereafter, the App Subscription Agreement shall come into force upon the Effective Date and shall continue in effect for a period of 1  (one) month. Upon expiration of this initial term, the App Subscription Agreement shall automatically renew for successive renewal terms with a period of 1 (one) month.

6.2 You have the right to terminate the App Subscription Agreement at all times by using the instructions stated in the App. In the event of termination of the App Subscription Agreement you will still have access to your Account until the end of the current billing cycle, after this your Account will be deleted.

6.3 IPOS may terminate the App Subscription Agreement immediately (a) if the billing data or contact information provided by you is false or fraudulent; or (b) as a result of your material breach of the provisions of the App Subscription Agreement (after written notification to you of the material breach and such breach is not resolved within 7 (seven) days of notification, or, in the case of a failure to pay Subscription Fees in a timely manner by you, after a 2 (two) weeks late payment period).

6.4 In the event the App Subscription Agreement is terminated as a result of a situation as described in Article 6.3, you shall pay us the remaining balance of Subscription Fees and any additional charges (if any) as set out in Article 7 owed for the entire applicable Renewal Term, if then in effect. We and you acknowledge that this payment represents a reasonable estimate of our damages in the event of an early termination. In the event of termination of the App Subscription Agreement for any of the reasons as mentioned in this Article 6.4, your access and use of the App shall cease immediately. 

6.5 All provisions of the App Subscription Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. Each of our or your termination rights are in addition to any suspension rights we may have under the App Subscription Agreement. 

6.6 IMPORTANT NOTICE: Uninstalling the App doesn’t automatically terminate the App Subscription Agreement. If you uninstall the App without receiving a confirmation message that your App Subscription Agreement has been terminated, you will still get charged.

 

Article 7 FEES AND PAYMENT TERMS APP SUBSCRIPTION AGREEMENT 

7.1 The Subscription Fee is recorded on the Order Form.

7.2 We reserve the right to change the Subscription Fees or applicable charges and to institute new charges, providing a 2 (two) weeks prior written notice to you.  

7.3 Payment will be made by you in accordance with our payment terms and, if applicable, those of any third-party payment processor. 

7.4 We may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by us 30 (thirty) days after the date of the invoice.  

7.5 The Subscription Fees are payable in advance, irrevocable and non-refundable, except as agreed otherwise in writing between Parties.

7.6 You agree to provide us with complete and accurate billing and contact information. In case payment is made by credit card, or you otherwise provide us with your credit card information, you authorize us to bill such credit card (i) at the Effective Date; and (ii) for any billing frequency, as set out on the Order Form. If we, in our discretion, permit you to make payment using a method other than a credit card, we will invoice you at the time of your order, as set forth on the Order Form and thereafter, on a monthly basis in advance of the relevant billing period, and all such amounts invoiced will be due within 30 (thirty) days of your receipt of such invoice.  

7.7 If you believe that we have billed you incorrectly, you must contact us no later than 30 (thirty) days after the closing date of the 1st  (first) billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to info@ipostechnology.com.  

7.8 You shall pay all personal property, sales, use, value-added, withholding and similar taxes (other than any taxes on our net income) arising from the transactions under the App Subscription Agreement, even if such amounts are not listed in the App Subscription Agreement. To the extent that you are exempted from sales or other taxes, you agree to provide us, upon request, with the appropriate exemption certificate.  

7.9 All amounts stated in or in relation to the App Subscription Agreement are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by you to us. 

7.10 We reserve the right, in our discretion, to suspend the App Subscription Agreement in the event that any payment is due but unpaid and you have been requested but failed to cure such payment failure.

 

Article 8 TERMS OF SALE, RETURNS AND WARRANTY

OF IPOS DEVICE

Our terms of sale (including a return- and warranty policy) apply to the purchase of the IPOS Device. Check our terms of sale on the Website. The terms of sale are incorporated into and made a part of these Terms of Use. All orders placed for the IPOS Device are subject to our acceptance. IPOS reserves the right to accept, decline, or place limits on your order for any reason.

 

Article 9 POSTING AND CREATING USER CONTENT

9.1 You represent and acknowledge that you have the right to create User Content via the App and/or the Software and that your User Content is automatically generated by tracking your activities using the Software. IPOS may enable you to generate, post, upload, store, share, send, or display your User Content to and via the Service.

9.2 You retain all rights to your User Content. By making your User Content available on or through the Service you hereby grant IPOS a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content, in whole or in part, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. However, the rights you grant us under this Article 9.2 are only for the limited purpose of offering and improving the Service.

9.3 You represent and warrant that you own your User Content or that you have all rights necessary to grant us a license to use your User Content as described in this Article 9.

9.4 You are responsible for your User Content. You represent and warrant to us that your User Content, the use and provision of your User Content on the Service, and your use of the Service will not (i) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) be fraudulent, false, misleading, or deceptive; (iv) be defamatory, obscene, pornographic, vulgar, or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (vii) promote illegal or harmful activities or substances.

 

Article 10 PROHIBITED ACTIVITIES

The Service is intended for your personal, non-commercial use. Furthermore, you agree not to: (i) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (ii) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (iii) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (iv) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or van that furthers or promotes criminal activity; or (v) use the Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or which may expose IPOS or our users to any harm or liability of any type. IPOS may, in its sole discretion, alter, remove, or refuse to display any of your User Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your User Content to and via the Service.

 

Article 11 INTELLECTUAL PROPERTY RIGHTS

11.1 IPOS shall retain all right, title and interest (including all Intellectual Property Rights) in and to the Service (including application development, business and technical methodologies, and implementation and business processes, used by IPOS to develop or provide the use of Services), and any and all updates, upgrades, enhancements, customizations, revisions, modifications, future releases and any other changes relating to any of the foregoing. Except for the limited access and use rights granted pursuant to these Terms of Use, you do not acquire any interest in the Service. You agree that any suggestions, enhancement requests, feedback, recommendations or other information provided by you relating to the Service may be used by us without restriction or obligation to you. 

11.2 Our logos and any other IPOS trademarks that may appear on the Service, and the overall look and feel of the Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without the prior written permission of IPOS. Other trademarks, product, and service names and company names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

 

Article 12 ENFORCEMENT RIGHTS

We reserve the right (but are not required) to remove or disable access to the Service, any IPOS Content, or your User Content at any time and without notice, and at our sole discretion, if we determine that the IPOS Content, your User Content, or your use of the Service is objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use and any conduct that affects the Service, and in response may take any action we may deem appropriate.

 

Article 13 THIRD-PARTY SERVICES

The Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources that are not under our control. This may include the opportunity for you to link your Account, your User Data, or the Service with third-party services. IPOS provides these links only as a convenience and we are not responsible for the products, services, or other content that are available from third-party services. You acknowledge that any third-party services that you use in connection with the Service are not part of the Service and are not controlled by IPOS.  You also acknowledge that these Terms of Use and the IPOS Privacy Policy do not apply to any Third-Party Services.

 

Article 14 DATA AND PRIVACY

For more information about our processing of personal data, Please check the Website for our privacy policy. By using the Service you agree that we can collect and use your data in accordance with our privacy policy.

 

Article 15 FEEDBACK AND COMPLAINTS

Please contact us in case of any feedback or complaints with regard to these Terms of Use or the Service. Check our feedback and complaints policy on the Website.

 

Article 16 CHANGES AND TERMINATION

16.1 We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion. IPOS is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by IPOS products without prior notice to you.

16.2 We reserve the right to suspend or deactivate your Account or your access to certain aspects or all of the Service at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove your User Content and other information related to your Account. Following termination, all such terms that by their nature may survive termination of these Terms of Use shall be deemed to survive such termination.

16.3 You may close your Account at any using the instructions as set out in the App.

 

Article 17 DISCLAIMER

17.1 The Service is provided “as is” without a warranty of any kind. Without limiting the foregoing, IPOS explicitly declaims all express or implied warranties arising out of or related to these Terms of Use or the Service, including any warranties of merchantability, fitness for a particular purpose, non-infringement. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Service.

17.2 If you rely on the Service, you do so solely at your own risk. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Service. The content of the Service may change from time to time or vary by geographic location.

 

Article 18 NO SUBSTITUTE FOR PROFESSIONAL COACHING OR PHYSICIANS

Please note that the information, exercise/training programs and/or guides in the IPOS Academy and the IPOS App cannot replace the services of coaches, veterinarians or physicians. The information and materials provided in the Service must not be used in place of a visit, call, consultation or advice of your coach, veterinarian or other physicians. The Service is not a diagnostic tool and does not promote or recommend any particular form of medical treatment.

 

Article 19 INDEMNITY

You will indemnify and hold harmless IPOS or our subsidiaries, affiliates, officers, employees, agents, partners and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Service, (ii) your User Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms of Use, or (iv) your violation of any law or the rights of a third-party.

 

Article 20 LIMITATION OF LIABILITY

20.1 To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and contractors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, loss of data, loss of use, loss of anticipated savings; accrued but wasted expenditure; cost of procurement of substitute goods or services, loss of good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service, including, without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of any material or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage. In all cases our total liability arising out of or in connexion with these Terms of Use or from the use or inability to use the Service is limited to the amounts you have paid to IPOS for the use of the Service or EUR 100,- (one hundred euro), if you had no payment obligations to IPOS, as applicable.

20.2 In some jurisdictions the applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

 

Article 21 CHANGES TO THE TERMS OF USE

From time to time, we may modify or amend these Terms of Use at our sole discretion. If we do so, we will post any such modifications or changes in the App and our Website and we will notify you either through the App user interface, in an e-mail notification or through other reasonable means. If you continue to use the Service following such posting, you accept any such change or modification.

 

Article 22 MISCELLANEOUS

22.1 Except as otherwise stated herein, these Terms of Use constitute the entire and exclusive understanding and agreement between IPOS and you regarding the Service, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between IPOS and you regarding the Service and IPOS Content.

22.2  If a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

22.3 You may not assign, delegate, or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. IPOS may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the Parties, their successors, and permitted assigns.

22.4 Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of IPOS. Except as expressly set forth in these Terms of Use, the exercise by either Party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

 

Article 23 APPLICABLE LAW AND DISPUTE RESOLUTION

23.1 These Terms of Use and all matters arising out of or in connection with these Terms of Use shall be interpreted, construed and governed exclusively in accordance with the laws of the Netherlands.

23.2 In case of any disputes arising out of or relating to these Terms of Use, IPOS and you shall endeavour to settle such disputes amicably. If IPOS and you are unable to, the dispute shall be exclusively submitted to the jurisdiction of the competent court

  

COPYRIGHT © IPOS Technology 2020. ALL RIGHTS RESERVED. 

Moving together.

Ipos Technology

High Tech Campus 12 

5656 AE Eindhoven 

www.ipostechnology.com

info@ipostechnology.com

T +316 28 787 668

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