Terms of service

OVERVIEW

Welcome to Ultra Trail Coaching (UTC), a platform, mobile application provided by Artificial Intelligence Coaching BV (AIC). Ultra Trail Coaching is the ‘Service’ or the ‘(Web)Site’. This website is operated by AIC (Artificial Intelligence Coaching BV). Throughout the site, the terms “we”, “us” and “our” refer to Artificial Intelligence Coaching BV. Artificial Intelligence Coaching BV offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you (or in the vent you represent, or use in behalf of, the business or entity) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current servic/store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The terms we use in this document, have to be read together with the Privacy Policy, posted on our Service. These policies and terms are complementary.

SECTION 1 - SITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of 18 in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. In the case of a guardian or parent that is entering for a minor dependents, that parent or guardian accepts all this Terms and conditions on behalf of the minor. The parent/guardian will be solely held responsible for access to and use of the service and all consequences from that use/access.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You agree not to assign, transfer or delegate your account/your rights and obligations under these Terms of Use. Artificial Intelligence coaching, can, in it’s sole discretion, transfer, all or parts of these Terms of Use, to third parties or contractors.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, product images, specifications, availability, or product pricing are subject to change at anytime without notice, at the sole discretion of us. Nor can we warrant the completeness or acuracy of any information. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Services provided through this website in the form of a coach, a trainingplan, excercices,.. are solely to help. You agree that you are solely responsible for your selection of a coach, a trainingplan, excercices etc. We can never be held responsible for any form of injury, fitness, training, excercise or other service you receive from a coach, a trainingplan, excercice,… through our platform.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, true and accurate purchase and account information for all purchases made at our store/ Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, billing adress and shipping information, so that we can complete your transactions and contact you as needed. If you purchase something from our Site or Service, you warrant that your billing information is correct. You warrant that you have the legal rights to use the creditcard you use or any other payment method. The information submitted, can be transferred to a third party in order to complete the purchase. You may not make an account or use a username that is the name or trademark of another person or entity. Nor can you use a name that is unlawful, offensive, vulgar, obscene.

We reserve the right to refuse or cancel any order you place with us. This is for example possible when; there are errors in the price or description of the product or service; when there is an error in your order; when there is suspicion of fraud or an unauthorised or illegal transaction. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

The user is solely responsible for the use of his password on the service. Passwords can not be shared or disclosed to anyone else, you need to keep the password confidential. If someone is accessing your account or the service or performs activities on the site, you will be held responsible if done so by accessing through your account and password. Even if that access is not authorised by you. If you have reason to believe that your password had been used to access your account, without your authorisation, you need to change it immediatly, through the applicable function foreseen on the Site.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (without limitation; text, image, video, illustration, graphic, workout, data, audio, information,.. etc), whether online, by email, by postal mail, or otherwise (collectively, 'comments' or ‘feedback’), you agree that we may, at any time, without restriction, use, perform, reproduce, edit, exploit, make, practice, disclose, display, modify, copy, publish, distribute, translate and otherwise use in any medium any comments or content that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Copyright - If you have reason to believe that you have a claim of copyright infringement or believe that the rights of a third party are violated, contact us immediately. This is if you find any content on our Site or Service, posted by us or third parties or users, that makes you believe that copyright is infringed. We will, as this is our policy, investigate the written complaints and have the sole discretion to wether or not take actions. Your notification has to be in writing, by letter to … or by email to info@ultratrailcoaching.com.

Trademark - On the Site and on our Service, there are trademarks and service marks used. These marks are both, registered and unregistered trademarks of AIC or Ultra trail coaching and it licensors or affiliates. As a result, you do not have a license use the trademarks. Your access to the site or your membership, does not give you a right to use our trademarks. The only possibility to use the trademarks is, if you have a prior, written confirmation from us, stating that you are allowed to do so.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store/device/app/site is governed by our Privacy Policy. The terms of use have to read together with the Privacy Policy. The agreement between you and Utra trail coaching constitutes of the acceptance of both the Terms of Use and the Privacy Policy. There are no waivers possible.

We might send you a letter or notice to the adresses, both email or regular, that are filled in your account. The reason for sending is directed from these Terms of Use.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content (sucht as, text, video, videoclips, audio, immages, illustrations,..) or its license or its software : (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or promote criminal activities or enterprises who support such activities; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code or use the technology in any unlawful manner, that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet or damage, disable, overburder or impair the Technology; (h) to use automated scripts to collect information or otherwise interact with the technology; (i) to collect, to distribute or track the personal information or photos of others; (j) to spam, phish, pharm, pretext, spider, crawl or scrape; (k) for any obscene or immoral purpose such as violence, nudity and other offensive subjects; (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (m) as a platform to do commercial/sales activities in any form without prior consent from us;

Medical advice : In addition to other prohibitions set forth, you are prohibited from using the site and all its content in place of the advice of your physician or other medical professional, or in place of a visit/call/consultation to your physician or other medical professional. This service and website does not contain medical advice, there will never be a patient-doctor or healtcare relationship constituted through this Service. In case you have questions related to health(care), contact your physician. Never delay medical advice or self-diagnose, based on content you find on our service. Artificial Intelligence coaching is not and will never be a healthcare provider.

This paragraphe has to be interpreted as widely as possible. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable or meet your requirements. We do not warrant that the Site, content, e-mails sent from us, servers, products or services available on our site, will be free from harmful components (including viruses).

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

Techniques and tips/suggestions, provided by our service, never replace or substitute for medical advice. Always consult medical advice, before beginning. The service assumes no responsibility for injuries or accidents or encounters, suffered while using or practicing our services. Nor can we be held liable for trespassing private property. Nor can we be held responsible for breaking the law in any way. This needs to be interpreted as widely as possible.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Artificial Intelligence Coaching BV, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation; lost profits, loss of goodwill, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, the inability to use the service or site, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Artificial Intelligence Coaching BV and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, users, interns and employees, harmless from any claim, liability, loss, expense or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. The parties will promptly substitute that provision with a provision that is binding and valid, and leans as closely as possible to that invalid provision, both in intention and economically.

SECTION 16 - TERMINATION

Fees are payable in advance. Unless stipulated otherwise, payments are monthly. The service will be provided to you from the moment you have created an account and made the payment that involves the completion of the account. Only when the fees are payed, the service will be automaticly renewed. If you choose to terminate the service, you’ll have access to your account untill the end of the term payed for. You will not have a refund.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). We have the right to delete your account and remove all account information, content etc you have posted or uploaded. There will be no refund if your account is terminated under section 16.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

If you have questions about the Terms of Service can you can contact us at info@ultratrailcoaching.com.