Terms of Use for Always Exploring AB ("Stellar")
Last updated on Monday, 24 august 2020
These terms of use (the “Terms of Use”)govern your use of Stellar, a service provided to you by Always Exploring AB (“Stellar” or the “Service”). By using the Service or creating a user account with us you accept these Terms of Use between you and Always Exploring AB, reg.nr. 559175-3107, (“Always Exploring”, “we” or “us”).
The Service is provided through our mobile application (the “App”) and our webpage www.stellarworkouts.com (the “Webpage”). If you do not agree to these Terms of Use, please do not use the Service provided by us.
Before using the Service, you acknowledge and agree that by participating in a physical activity, a possibility of physical injury always exists. If you engage in any exercise in connection with the Service, you agree that you do so at your own risk.
Persons under the age of 18 may not use the Service without parental consent.
IMPORTANT- IF YOU ARE A USER IN THE UNITED STATES OF AMERICA, THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. About Stellar
Stellar is a digital intelligent personal trainer that offers personalised work out programs and exercises recommended for you.We do this based on technology such as computer vision and artificial intelligence.Our purpose is to make personalised exercise easily accessible to everyone with your phone or device as the only tool.
2. License
Subject to your compliance with these Terms of Use, you are granted anon-exclusive, non-transferable, revocable license to use the Service and to download, install and use the App in object code form on a mobile device which you own or have access to in order to use the Service for your own personal use for its intended purpose.
You do not receive any other license to use the Service or the App or any other intellectual property rights except as expressly provided in theseTerms of Use.
We do not grant you or anyone else permission to copy or alter the Appin whole or in part. You, or a third party, may not without our consent develop, add to, decompile or reverse engineer the App or any of its components. It is not allowed to re-create the source code or its functionality, or make copies of the software, other than as expressly permitted by mandatory law.
You may not use the Service to distribute viruses, trojans or similar programs.
All intellectual property rights in the App, and the Service, belongs to, or are disposed of with license by, us. Nothing in these Terms of Use shall be construed as a transfer of any intellectual property right or any other right to you. You are only given the limited license as described above. There are no implied rights.
3. Username and Password
In order to use the Service, you will have to create a user account (the“User account”) and sign in to it. You may choose a username and a password, but you may also use one of the selected social media accounts, asset forth in the Service from time to time, to sign in to your user account on the Webpage and the App. If you choose to create a new user account, the username and password which you choose must not be harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right, or invasive of personal privacy rights. We have the right to change your username if it, in our opinion, violates these Terms of Use.
When creating your user account, you will be asked to submit certain information about yourself. Please read our privacy policy before you start using the Service. You can find the privacy policy here which is incorporated by this reference. Do not use the Service if you do not feel comfortable with the personal data processing as described in the privacy policy.
If you use another account to access your user account with us, for example your Facebook-account, you authorize us to collect your authentication information, such as your username, encrypted access credentials, and other information that may be of interest to transfer from the other service. Such transferred information will be treated in accordance with our privacy policy, and as described therein.
Your account is personal, and you are not allowed to transfer your account to any third party or to allow a third party to use the Service through your user account. You are responsible for protecting your login information from access by unauthorized persons. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has gained unlawful access to your user account.
Please note that if your account is left inactive during a period of 90 consecutive days, we have the right to make your account “invisible”, meaning that all account information is saved, but the account is de-activated and needs to be activated for you to be able to use it again. Additionally, if your user account is left inactive during a period of 365 consecutive days, we have the right to cancel your user account permanently.
4. Your Use of the Service and Products
We do not want the Service to be used for anything other than its intended purposes. Hence, you may only use the Service in accordance with its intended purpose, as described above. If you do not accept this, we ask you not to use the Service.
4.1 User-generated Material
When you use the Service, you may upload content such as photos to use as profile pictures and other related material to the Service ("User-generatedMaterial").
You are responsible for the User-generated Material that you upload to the Service and you agree and warrant that you will not upload any User-generated Material to the Service that violate these Terms of Use or which:
(a) is false, misleading, untruthful or inaccurate,
(b) promotes or encourages illegal activity,
(c) is racially or ethnically offensive and/or constitutes agitation against a minority (such as a national or ethnic group),
(d) constitutes defamation, contains pornography or is in any other way sexually explicit,
(e) attacks sexual orientation or religion or is discriminating in any other way,
(f) constitute insult or persecution of a person,
(g) is in any way harmful, abusive, offensive or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trade marks), or
(h) otherwise contradicts the Service's intended purposes.
4.2 Infringements in regard to User-generated Material
We do not have any obligation to monitor User-generated material. However, we reserve the right to, at our sole discretion, remove User-generatedMaterial that we deem inconsistent with these Terms of Use or as we in any other way consider unfair, unethical or illegal and that may be harmful to us or other users of the Service. If you encounter any User-generated Material that you believe infringes these Terms of Use or if you have any other reason to believe that our services are used for illegal purposes or for purposes that are not in accordance with these Terms of Use, please contact us at legal@stellarworkouts.com, or if you are the owner at the contact information below.
We respect the intellectual property rights of others, and we require you to do the same when interfacing with the Service.
Always Exploring has a policy for repeat infringers and may, in appropriate circumstances and at our discretion, terminate service and/or access to this Service for users who infringe or repeatedly infringe the intellectual property rights of others.
If you are a user in the United States of America and you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Service, please see section 13 of these Terms of Use.
4.3 Intellectual Property Rights to User-generated Material
Ownership of all User-generated Material that you post belongs to you, or the third party that owns the intellectual property rights to suchUser-generated Material. You hereby give us a worldwide, perpetual, non-exclusive, gratuitous and transferable right to possess, process, store, publish, distribute, stream, transmit, playback, transcode, copy, present, display and otherwise use the User-generated Material to provide and market theService or any of our current or future products or services.
You warrant that you have all necessary rights to show and post and uploadUser-generated Material, to use the User-generated Material in all other way sand to grant us the license to the User-generated Material as described above.
4.4 Network Fees and Access
You are responsible for securing your access to the network necessary to use the Service. There may be additional costs for e.g. transfers of data. These costs are not paid by us. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use the Service.
4.5 Payment
All payments are managed by a third party payment provider - Apple Inc.The terms for payment are available to you at https://www.apple.com/legal/internet-services/itunes/us/terms.html
4.6 Delivery
The Service is delivered to you when you download or open the Service.
5. Return policy and Automatic Renewals
The Service is deemed "used" after download or opening. You will be required to pay a proportional share of the price of the Service until the cancellation. If you have any problems with the Service, please contact service_cancellation@stellarworkouts.com to see how we can help you.
The Service automatically renews after an initial trial period for either monthly or annual periods, as you may select. You may cancel at any time by following the instructions at https://support.apple.com/en-us/HT202039 prior to the next renewal date and thecancellation will be effective for the next renewal period.
6. Processing of Personal Data
We process personal data received in connection with the use of the Service. The personal data processing is made in accordance with our privacy policy.
7. Disclaimer of Warranty
THE SERVICE, INCLUDING THE WEBPAGE AND THE APP, IS PROVIDED ‘AS IS’WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, FITNESS FOR PARTICULAR PURPOSE AND MERCHANTABILITY. YOUR USE OF THE SERVICE IS SOLELY YOUR RESPONSIBILITY AND ATYOUR OWN RISK. WE DO NOT GRANT ANY WARRANTIES, EXPRESS OR IMPLIED OR OTHERWISE,AS TO THE ACCESSIBILITY, QUALITY, QUALIFICATION FOR ANY PARTICULAR PURPOSE,SUITABILITY OR ACCURACY OF THE WEBPAGE, APP OR THE SERVICE.
We recommend you not to rely on the Service for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the Service will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Service, at our sole discretion.
8. Indemnity and Limitation of Liability
Should Always Exploring be subject to, or held liable for, any third party claim arising out of any breach of these Terms ofUse caused by you, you shall indemnify Always Exploring from and against all claims, actions, liabilities, costs, damages, expenses suffered or incurred byAlways Exploring. Furthermore, you agree to indemnify us in relation to any claims arising from any physical injury or health problem that may arise from your use of the Service. You assume all risks of using the Service and you are responsible for determining your own fitness and health needs. We do not provide medical advice and if you have any questions in this regard you must consult your own physician.
TO THE EXTENT PERMITTED UNDER MANDATORY LAW WE ARENOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY AND ALL CLAIMS AND CAUSES OF INJURY INCLUDING FOR ANY AND ALL INJURIES, LOST PROFITS, LOSS OF INCOME, LOSSOF REVENUE, BUSINESS INTERRUPTION OR LOSS OF GOODWILL ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF USE, THE USE OR INABILITY TO USE THE SERVICE.WE ARE NOT RESPONSIBLE TO YOU FOR ANY THIRD PARTY CLAIMS MADE AGAINST YOU. OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICE, FOR ANY AND ALL INJURIES, LOSSES, AND LEGAL ACTIONS, SHALL UNDER NO CIRCUMSTANCES EXCEED THEFEE CHARGED BY US IN CONNECTION WITH THE SERVICE.
9. Change of Terms and Termination of Services
We have the right to make changes and updates to these Terms of Use. We will inform you of any material changes before an adjustment enters into force.We will give you such information by clear notice here or by email to the email address provided by you at least 30 days before the changes enter into force.
You have the right to terminate your user account and remove your content from the Service at any time and without prior notice.
We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you are violating these Terms of Use. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Service at any time without prior notice, on our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
10. Transfer
You may not assign or transfer any rights, obligations or licenses as provided in these Terms of Use. We may assign and transfer our rights under these Terms of Use without your consent and without notice to you.
11. Applicable Law
Unless you are a user in the United States of America, these Terms of Use shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules. Any dispute or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law. If you are a user in the United States of America, these Terms of Use shall be governed by and construed in accordance with California laws, without regard to its conflict of law rules.
12. Warranties against APPLE INC.
The parties to these Terms of Use, we and the users, hereby clarifies the following in relation to Apple Inc. ("Apple"):
– That we and the users are the only parties to these Terms of Use;
– That we are responsible for the Service, the App and all content therein. We carry all responsibility for the maintenance, support and service of the Service or any technical equipment used to enable the provision of these. Claims that directly or indirectly depend on such grounds may only be directed against us, and not against any third party.
– That all demands or claims arising directly or indirectly from the use of the Service and which might be directed against us, only shall be directed against us. Apple is not in any way liable to respond to these demands or claims, if these are directed against Apple.
– That we, and not Apple, are solely responsible to investigate, defend, settle or secure liability in the event of any third party claims, based on theService or infringements of any third party's intellectual property rights caused by use of the Service.
– You guarantee and ensure that you are not located in a country subject to an embargo issued by the US government, and you have not been designated by the US asa "terrorist supporting" country and that you are not on any of theUS government's list of prohibited or restricted parties.
– That these Terms of Use creates rights for Apple to apply these Terms of Use directly against you, regardless of our participation. In addition to the third-party rights given to Apple, these Terms of Use will not give any third-party rights to any other natural or legal person.
13. Notice to users in the United States of America
IF YOU ARE A USER IN THE UNITED STATES OF AMERICA,PLEASE READ THE FOLLOWING SECTIONS CAREFULLY
13.1 Copyright and/or Trademark Infringement
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Service, please provide Always Exploring’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Service, and information reasonably sufficient to permit Always Exploring to locate the material.
- Information sufficient to permit Always Exploring to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Always Exploring’s agent for notice of claims of copyright or trademark infringement on this Service can be reached as follows:
Attn: DMCA Agent
Always Exploring AB
Adolf Fredriks kyrkogata 3
111 37 Stockholm, Sweden
Email: legal@stellarworkouts.com
Please also note that for copyright infringement sunder Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification
If you are a user who posted allegedly infringing material and who received notification to that effect from us, you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Always Exploring may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.
Such written notice should be sent to our designated agent as follows:
Attn: DMCA Agent
Always Exploring AB
Adolf Fredriks kyrkogata 3
111 37 Stockholm, Sweden
Email: legal@stellarworkouts.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
13.2 Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Always Exploring agree that these Terms ofUse affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms of Use or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms of Use.
The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms of Use, you agree to resolve any and all disputes with Always Exploring as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Always Exploring’s support department at support@stellarworkouts.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Always Exploring support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
BINDING ARBITRATION: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Use (including the Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use or thePrivacy Policy, including but not limited to any claim that all or any part of these Terms of Use or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a)write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand forArbitration at www.jamsadr.com ); (b) send three copies of the Demand forArbitration, plus the appropriate filing fee, to JAMS; and (c) send one copy of the Demand for Arbitration to Always Exploring at Attn: info@stellarworkouts.com.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Always Exploring will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Always Exploring will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery maybe more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America, and you and AlwaysExploring agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
CLASS ACTION WAIVER: The parties further agree that the arbitration shall be conducted in their individual capacities only and notas a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOUAND ALWAYS EXPLORING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY INYOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property andSmall Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights(“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-DAY RIGHT TO OPT OUT: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Always Exploring) written notice of your decision to opt out to legal@stellarworkouts.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Service; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Always Exploring will not be bound by them.
Changes to This Section: Always Exploring will provide thirty (30) days’ notice of any changes to this section by posting on the Service, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Service or sent to you.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or cessation of use of the Service.
Contact Information
Always Exploring AB
Adolf Fredriks kyrkogata 3
111 37 Stockholm, Sweden
Email: info@stellarworkouts.com
