WEARIT TERMS AND CONDITIONS OF USE
Effective Date: November 30, 2018
By using Wearit S.r.l.'s products and Services, you are agreeing to all the terms below.
Wearit S.r.l. a company based in Padova, Italy, Via Niccolò Tommaseo 77, Fiscal Code and VAT number 04841130281, PEC firstname.lastname@example.org, (“Wearit”) designs products, services and tools of smart tracking to help you in register and analyze your ski performance including a cloud-based platform, websites (www.wearit.net and www.upski.it), applications (“Wearit App”, such as "Upski") and wearables, and all other current and future digital products and Services offerings we make available, including any products service, and content provided in collaboration with our partners (collectively, the "Services").
Services are an exclusive property of Wearit S.r.l.,
You must accept these Terms to create a Wearit Account and to use the Wearit Services.
If you do not have an account, you accept these Terms by using any part of the Services.
If you do not accept these Terms, do not create an account or use the Services.
Please note that by accessing or using our Services, your Personal Data and User-Generated Content (defined below) that you share with one part of the Services may also be shared among the entirety of Wearit and its Services.
3. Use of the Wearit Services
Persons under the age of 14 are not permitted to access or use the Services, unless their parent has consented in accordance with applicable law.
If you are at least 14 years of age but a minor, you must review the Terms and have your parent or legal guardian complete the registration on your behalf for you to use the Services. The person completing the registration must be legally competent.
By accepting these Terms and starting the use of the Services, you represent and warrant that you have complied with the aforementioned procedure.
Wearit will never be responsible for a minor's communication of falsified personal information.
You may only connect to the Wearit Services using (i) a device that is manufactured, distributed, rented or sold by Wearit itself or through its authorized ski rent, resellers or agents; (ii) our mobile applications and software, or approved third- party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the Wearit Services with any device that is not manufactured, distributed, rented or licensed by Wearit itself or through its authorized licensee, sellers or agents; otherwise intends to resemble or purports to be a Wearit device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Wearit Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact email@example.com.
4. Creating your Account
You may need to register for a Wearit Account to access or use Services by providing us with information such as your full name and a valid email address, as well as a strong password. Your Account may also automatically provide you access and means to use new Services.
When you create an account for our Services, you must provide us with accurate and complete information as prompted by the Account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly.
You are responsible for all activity that occurs in association with your Account. We recommend you memorize this information and not write it down. You are responsible for all activity occurring through use of your Account and/or password. Wearit is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
You agree to immediately notify Wearit at firstname.lastname@example.org of any actual or suspected unauthorized use of your Account and password or any suspected security breach related to the Services.
You have the right to delete your Account with us. If you choose to permanently delete your Account, the non-public and not-shared Personal Data that we have associated with your Account will also be deleted if they are no longer necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Please let us know right away if you believe your Account has been hacked or compromised. We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and Account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our immediately of any actual or suspected breach or unauthorized access or use of your Account.
6. 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.
Please check with your Internet provider for information on possible Internet data usage charges.
7. Services Updates, Changes and Limitations
The Services change frequently, and their form and functionality may change without prior notice to you.
We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, "Updates").
Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Services may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Update or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
8. Services Monitoring and Suspension
We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your Wearit Account or access to the Services at any time. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services (including inviting a fellow user into a community or group), as well as any user's use of or access to Personal Data, and profiles of other users.
We may also deactivate, terminate or suspend your Account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms; (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for Wearit, the general public, any third party, or any user of our Services; (3) in response to requests by law enforcement or regulations or order of any Public Authority; (4) upon discontinuation or material modification of any Services; or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your Wearit Account after any such deactivation, termination or suspension.
9. Your Content on the Wearit Service
Wearit may enable you to post, upload, store, share send or display data, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, "likes", comments, software, scripts, executable files, graphics, maps, routes, geo-data, workouts and workout data, biometric data and data elements derived therefrom, training plans, interactive features and other information and contents (“Your Content”).
You retain all rights to Your Content that you post to the Wearit Service.
10. Your License to Us
When you make Your Content available on or through the Wearit Service, you grant Wearit and our users a non- exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, Services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit Your Content in connection with any and all Services. You acknowledge and agree that we have the right to arrange the posting of Your Content in any way we desire.
We reserve the right to monitor, remove or modify Your Content for any reason and at any time, at our sole discretion, including Your Content we believe violates these Terms and/or our policies.
You agree you will respect the intellectual property rights of others.
You represent and warrant you have all the necessary rights to grant Wearit the license to use Your Content as described in these Terms and will indemnify us for any breach of this representation and warranty.
You represent and warrant that Your Content, the use and provision of Your Content on the Wearit Service, and your use of the Wearit Service will not (a) 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; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances. You further agree not to: (1) 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; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) 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 that furthers or promotes criminal activity; or (5) use the Wearit Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Wearit Service, or which may expose us or our users to any harm or liability of any type.
All content that is not Your Content and all copyright, trademarks, design rights, patents and other intellectual property
rights (registered and unregistered) in and on the Services, including photos, images, graphic, video, audio, data, text, music, exercise regimes, comments, software, information or other materials that are posted, generated, provided, or otherwise made available through the Wearit Service, belong to Wearit and/or its partners or applicable third parties (“Wearit Content”). Wearit and/or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all Wearit Content. Except as expressly provided in the Terms, nothing grants you a right or license to use any Wearit Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorized in writing by Wearit. Other trademarks, product, service names and company names or logos mentioned on the Wearit 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.
12. Our License to You
You are welcome to access and use the Wearit Content and Services. We work hard to provide a great experience for our users, so please respect our intellectual property rights and only use the Wearit Content and Services as intended.
This includes not using any Wearit Content or Services for commercial purposes without our permission.
Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non- exclusive right and license: (1) access and use the Services; (2) access and use the Wearit Content, (3) access and use the software and mobile applications provided by the Wearit Service; and (4) use the software that is embedded into Wearit devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third party software embedded in any Wearit Service. This license is provided solely for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the Wearit Content or Services.
13. Wearit Content
Except as expressly permitted by applicable law or authorized by Wearit, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services' software, or any Wearit Content offered as part of the Services (other than Your Content), in whole or in part. You shall not download, copy, or save Wearit Content, except (i) as expressly permitted by the functionality of certain Services (e.g., printed maps) as provided for in the specific guidelines and/or additional terms applicable to those Services, or (ii) solely for personal use or your records.
The Services are intended only for your personal, non-commercial use. You shall not use the Services to sell a product or Services, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue. If you seek to make commercial use of the Services, you must enter into an agreement with us to do so in advance.
14. Linking to the Services
You are granted a limited, nonexclusive, and non-transferable right to create a text hyperlink to the Wearit Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Wearit’s sole discretion.
If you would like to link to our Services on your website or application, please follow these rules: (i) any link to the Services must be a text only link clearly marked "Wearit S.r.l." (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by Wearit) or in some other format directed by Wearit; (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks; (iii) the link must "point" to the root domain name of the Services and not to other pages within the Services; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Wearit; (v) when selected, the link must display the Services on full- screen and not within a "frame" on the linking website or Services; and (vi) Wearit reserves the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.
15. Spreading the Word
If you share someone else's personal information with us, you must first get their permission.
We hope you enjoy using our Services and encourage you to share your enthusiasm for them with your friends. If you elect to use the features in our Services to tell a friend about the Services, we will ask you to provide your friend's email address or social media profile, which we may then use to contact your friend about the Services. We may store the information you provide for a period of time, but we will not post this information publicly. You represent and warrant that you are authorized to provide any third-party contact information that you provide to us for referrals and will indemnify us for any breach of this representation and warranty.
16. Content Retention
Following termination of your Account, or if you remove Your Content from the Services, we may retain Your Content until the expiring of the limitation period prescribed by law to comply with our legal obligations, resolve disputes, and enforce our agreements.
Furthermore, Wearit and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of Your Content that otherwise has been stored or shared through the Services. Accordingly, note that the above license to Your Content continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making Your Content part of a social conversation.
17. Your Content and Eligibility to Participate in Certain Sports Organizations
Certain sports organizations have rules on amateurism and eligibility that could potentially be implicated if you post Your Content within the Services, even if you believe it is noncommercial in nature. It is your responsibility to determine whether posting such content within the Services will affect your eligibility to participate in any sport under any applicable rules of any sports organization.
18. Use of Wearit Service at your own risk
If you rely on any Wearit Content or the Wearit Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the Wearit Service, but we make no endorsement, representation, or warranty of any kind about any Wearit Content, information, or services. The accuracy of the data collected and presented through the Wearit Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive through the Wearit Service. Wearit Content and the Wearit Service may change from time to time or vary by geographic location. Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete.
Use of the Wearit Service should not replace your good judgement and common sense. Please read and comply with all safety notices that accompany your use of the Wearit Service.
19. Interactive Areas
Some of our Services may include interactive areas or social features that allow you and other users to post Your Content and interact with one another ("Interactive Areas").
You are solely responsible for your use of the Interactive Areas and for any Content you post, including the transmission, accuracy and completeness of Your Content. As the Interactive Areas are often public, you understand Your Content may be made and remain public. You should, accordingly, never post any Personal Data in an Interactive Area.
We are entitled, but have no obligation, to monitor our community features. You are solely responsible for your interactions with other users, whether online or in person. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. Wearit is under no obligation to become involved in and disclaims all liability related to any disputes between its users and you release Wearit from all responsibility and liability arising from or in connection with such dispute.
Our Service “Upski Games” provides a series of leaderboards visualizing the best performance-results of our registered user, that are shared in a Interactive Area. Using Upski Games you accept that Your Content and information relating to the location and data of your best performance are stored in Wearit Cloud platform at disposal of Wearit and other users and compared with other users’ information, registrations and data.
20. Community Guidelines
Our Services are intended to create a safe and supportive community for all users. To maintain a safe and positive environment, we require everyone to agree to and follow certain rules (the "Community Guidelines") when posting Your Content and using the Services. Our Community Guidelines are based in many instances on principles of applicable law. Violations of our Community Guidelines accordingly may expose you to criminal charges and civil liability. By using the Services you agree that Your Content and use of the Services, including without limitation the Interactive Areas, will not violate the Community Guidelines. If you violate the Community Guidelines, we reserve the right to terminate your access to the Services.
No Inappropriate Content. Don't post Content that is stalking, threatening, hurtful, harassing, abusive, or embarrassing to other members of the community. No derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group, even if couched in humor, will be permitted. This includes expressing stereotypes about any group or community. Don't post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or that promotes sexually explicit material. You can respectfully disagree with a message, post or topic, but please do not attack other users by mocking or insulting them. If you are attacked by another user, and you reciprocate, you may also be subject to the same consequences.
No Harm to Minors. Don't use the Services in a way that harms minors.
No Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources
No Sending Spam and Junk Mail. Don't spam people via posts, replies, or messages.
No Illegal Content. Don't advocate, promote, or assist any fraudulent or illegal act.
No Soliciting Personal Data. Please don't post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the Interactive Areas.
No Public Posting of Private Conversations. Don't publicly post an email or private message from any other user.
No Breach of Legal Duty. Don't post Content in breach of any contractual or other legal duty owed to a third party.
No Deceptive or Fraudulent Links. Don't post deceptive or fraudulent links. This includes links with misleading descriptions, putting the wrong "source" field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads.
No Intellectual Property Infringement. Respect the intellectual property of others. If you aren't allowed to use someone else's proprietary work or likeness (either by license or by legal exceptions and limitations such as fair use), please don't post it. In particular, if you have any reason to believe User-Generated Content you see on our Services is infringing your intellectual property or the intellectual property of others, please see the Intellectual Property section of our Terms.
No Impersonating Wearit or Others. Don't post Content that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person, including with Wearit. Creating an account for the purposes of deceiving other users or to work around a suspension is not permitted and will be grounds for a permanent ban from the Services.
No Automated Querying. Do not send automated queries of any sort to the systems and networks we use to provide the Services without our express written permission.
Other. Don't post Content that contains anything that, in Wearit's sole determination, is objectionable or inhibits any other person from using or enjoying the Services, or that may expose Wearit or our users to any harm or liability of any kind. Don't post content that may damage or dilute the goodwill associated with Wearit or our marks.
If we determine you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing Your Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys' fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don't create a duty or contractual obligation for us to act in any particular manner.
21. Reporting Objectionable User-Generated Content
While we require all of our users to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with the Community Guidelines or these Terms at all times. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect someone is misusing Your Content, please report it to the email@example.com. We have the right, but not the obligation, to review and take action or remove any user generated Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to user generated Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such Content.
We are not responsible or liable for any injury or harm to you resulting from objectionable user generated Content or another user's failure to comply with our Community Guidelines.
22. Intellectual Property
If you believe user generated Content or Wearit Content infringes copyright or trademark please submit a written communication to Wearit, within 48 hours after discovering such violation.
In order to be effective, the notification must include:
The physical or electronic signature of the person authorized to act on behalf of the exclusive right holder which has presumably been violated;
The identification of the copyrighted Content considered violated;
Enough information that allow us to contact the claiming party, including: address, phone number and, if possible, an email address where the claimant party can be reached;
The identification of material considered illegal activity and sufficient information to enable us to detect such material;
A statement in which the injured party has a good faith belief that the use of such material is not authorized by the copyright holder, the responsible official or the law;
A statement in which the injured party declares that the information included in the notification is accurate and, under penalty of perjury, that the claiming party is allowed to act on behalf of the holder of an exclusive right, presumably violated.
The contact information for the communications related to the violations of Copyright: Wearit S.r.l., Via N. Tommaseo n. 77, Padova, Italia, email firstname.lastname@example.org.
The user agrees that when receiving a claiming notification for the violation of Copyright, Wearit can immediately remove such material from the Website without any responsibility towards the users or Third-parties.
23. Third-party Services
Our Services may link to, interact with or be available on third-party Services or products, content, promotions, websites, apps, services and resources, such as social media and third-party devices (“Third party Services”) that are not under Wearit’s control.
24. Social Networking and Logins
25. Third-Party Applications
You may be able to access certain third-party links, applications, content, Services, promotions, special offers, or other events or activities ("Third-Party Applications"). If you choose to access these Third-Party Applications, you may be requested to log-in and sync your Accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.
26. Third Party Products and Third Party Services, Activities and Events
Our Services may be accessed on third-party devices or other products ("Third Party Products"), and your ability to use certain features of the Services may require you to purchase or rent Third-Party Products. While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.
Our Services may include the ability to discover, access or participate in certain Services, activities, or events ("Third-Party Activities"). By way of example and not limitation, you can use the Wearit site to access information about and register for third party volunteer opportunities. Third-Party Activities are offered and provided by Third Parties, not Wearit. Your attendance at and participation in Third-Party Activities is solely at your own risk. Wearit will not be liable for any act, error or omission of any Third Party, including, without limitation, any which arises out of or is any way connected with a user's attendance, use of or participation in any Third-Party Activities initially discovered, booked or registered for via the Services, or the performance or non-performance of any Third Party in connection with the Services. Wearit is not an agent of any provider of Third-Party Activities.
27. Device Considerations
To use or access our applications, you will need a compatible device. We cannot guarantee the applications will be compatible with, or available on, your device. Further, your phone company's normal messaging, data, and other rates and fees will still apply.
By downloading or using our applications, 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 us automatically form your device. We will not send you direct messages of a marketing nature without your prior express written consent and you can opt out of receiving any marketing messages from us at any time.
28. Mobile Application License
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications 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 (End-User License Agreement), if any, authorizing use of such code.
29. App Stores
If you download Wearit applications from a third-party app store (the "App Provider"), you acknowledge and agree that the Terms are an agreement between us, and not with the App Provider. As between Wearit and the App Provider, Wearit is solely responsible for its applications.
30. Physical Activities
Wearit cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness, game or fitness program. Everyone's condition and abilities are different, and participating in the activities promoted by our 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 we 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 Services. Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. We encourage you to always put safety first, 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 Your Content you post or seek to post on or via the Services 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 Wearit 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, we 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 Services or features of the Services, including any Content or activities you access or learn about through our Services, even if caused in whole or part by the action, inaction or negligence of Wearit 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.
31. Disclaimer Regarding Accuracy and Reliance on Content
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.
In addition, Your Content, including advice, statements, or other information, including, without limitation, exercise or training guidance, athletic activities, and exercise database entries, are not produced by Wearit, and should not be relied on without independent verification. Your Content or user generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such Content originated. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.
Relying on any advice provided by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will Wearit be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of our Services.
32. Not Medical Advice
We aim to provide useful general information for our community, not professional medical advice. The 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 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, whether provided by us or by other users or third parties 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, we are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the 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.
The Services are intended to provide you with information to encourage you to support your sport activities. Some of the Services are aimed at tracking your physical movements ("Activity Tracking Services"). These Activity Tracking Services rely on sensors and/or GPS functionality that track your movement or body at rest. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity, but may not be completely accurate, including with respect to step, speed, distance, calorie data or other data. By using Activity Tracking Services, you acknowledge and agree that Wearit is not responsible or liable for any inaccuracy in such data.
34. Updates to these Terms
Wearit reserves the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the Wearit websites or in our applications). Modifications will not apply retroactively unless required by law.
We 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 you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
35. Product-Specific Terms
We may also require you to agree to additional terms, rules, policies, guidelines, or other conditions (collectively, "Product-Specific Terms") that are specific to certain Services. In such cases, you may be required to expressly consent to Product-Specific Terms. For instance, you might need to check a box or click on a button marked "I agree." If any of the Product-Specific Terms are different than the Terms, the Product-Specific Terms will supplement, amend, or supersede the Terms, but only with respect to the subject matter of the Product-Specific Terms.
Except where prohibited by law, Wearit expressly disclaims all warranties, representations and guarantees of any kind, whether oral or written, express, implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under the law. The Services and all content are provided on an "as is" and "as available" with all faults basis. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; Your Content or user generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
37. Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Wearit, its subsidiaries, partners or any wireless carriers be liable to you or any third party for: (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) 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; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services; (f) use, condition or renting of a sensor where Services are provided, including, without any limitation, any injury, loss or damage (for the compensation of damages, direct, accidental, consequential or otherwise) of any kind resulting in connection with, or as a renting result or the use of a product or sensor.
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 Wearit 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.
In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of: (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services); (b) the use, disclosure, display, or maintenance of a user’s Personal Data; (c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages; or (d) other Content, information, Services or goods received through or advertised on the Services or received through any links provided with the Services.
To the maximum extent permitted by applicable law, you agree to indemnify and hold Wearit, its officers, directors, employees, consultants, agents, shareholders, affiliates, licensors, content providers or 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: (a) Your Content or user generated Content you access or share through the Services; (b) your use of the Services; (c) your sport activities in connection with the Services (including, but not limited to, athletic activities in connection with any contests, races, group activities, Third-Party Activities or other events that we may sponsor, organize, participate in, or where the Services are employed); (d) your connection to the Services; (e) your violation of these Terms; (f) your use or misuse of any user's Personal Data; (g) any violation of the rights of any other person or entity by you; or (h) your employment of the Services to meet another user in person or to locate and attend any offline place or event. We 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.
39. Applicable law and jurisdiction
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., "junk" or "spam" folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
41. Contact us
If you have any feedback, questions or comments about the Services, please contact our Support Team by email email@example.com or by mail at: Wearit S.r.l., Via N. Tommaseo 77, 35131 Padova (Italy) and include the subject as "Terms and Conditions of Use". Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.
I accept the above written Wearit Terms and Conditions of use
The user has carefully read and specifically approves under article 1341 of the Italian Civil Code the following Special Conditions: 8 (Services Suspension); 10 (Your license to us); 16 (Content Retention);18 (Use of Wearit Service at your own risk); 22 (Intellectual Property); 30 (Physical Activities); 36 (Disclaimers); 37 (Limitation of Liability); 38 (Indemnification); 39 (Applicable law and jurisdiction)
I specifically accept the above written Special Conditions under art. 1341 of the Italian Civil Code