TERMS & CONDITIONS
At IPEAK, we’re continuously striving to provide you with the best possible experience – and your privacy is important to us. The recent updates due to the new EU General Data Protection Regulation (GDPR), effective as of May 25, 2018:
– make it easier for you to understand which data we collect and how we use it
– give you increased control over your data
– and provide a detailed explanation of your rights as a user.
TERMS & CONDITIONS INTRODUCTION
Who we are. IPEAK SYSTEMS GmbH, Nikolaiplatz 4, 8020 Graz, Austria (“IPEAK”) operates an interactive online platform (“Platform”) and mobile apps (“Apps” and together with the Platform, the “IPEAK Products”) aiming to connect, and create new opportunities for people who are, or want to become, sports- and health-conscious. IPEAK offers the following Apps apart from and in connection with the services on the platform:
IPEAK, IPEAK Plus & IPEAK Create
Registration. In order to be able to use the complete spectrum of IPEAK Products, a one-time registration is required (see Section 4, below). However, certain content (e.g. information regarding sports, health, or nutrition), including general descriptions of IPEAK, can be viewed without registration.
Our Goal. IPEAK’s goal is to make sports enjoyable and to make a positive contribution to people’s health.
Disclaimer. Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. IPEAK neither substitutes your doctor, nor is IPEAK responsible for your behavior. The contents of the IPEAK Products, regardless whether they are provided by IPEAK, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your health.
VALIDITY OF THE T&C
Validity. IPEAK offers the IPEAK Products on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using the IPEAK Products, in case they are available without registration, or (ii) registration, in case they require an account. These T&C shall be valid until cancelled in the currently valid version as of April 17, 2019.
Prerequisite. Neither the registration nor the use of the complete spectrum of IPEAK Products shall be possible without consent to these T&C.
Extent These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for IPEAK Products. In particular, the IPEAK online offering will be accessible via ipeak.io.
SUBJECT OF THE AGREEMENT
Currently, IPEAK essentially offers its users the following features and information in several languages:Platform:
Personal profile page, including personal details; Sports diary, including a clear overview of sports activities; Statistics, analysis and comparisons concerning your sports activities; Training plans and records, as added by users, and presented and administered by IPEAK, respectively; Training Details, as added by users, and presented and administered by IPEAK, respectively; News regarding IPEAK in short form; Mobile Health & Fitness Apps Content, e.g. texts, pictures and videos, regarding sports, health and nutrition, that is presented by IPEAK and professional third parties (sports coaches, trainers,...); Status messages; A blog presenting company information, products and news regarding health and fitness in long form; and Other content, such as
Free Membership. The IPEAK Products require a one-time, free registration. The “Free Membership” (basic) makes only basic options and features available to users. IPEAK offers users three ways of registering: Via the registration form provided on the Platform; Via one of the Apps: For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of fantasy names or pseudonyms is not possible; or Via adoption by IPEAK of registration details provided by the user in the social networks Facebook or Google: Registration via Facebook Connect or via Google Sign-In requires the user to confirm that the selected details, which the user previously provided on Facebook or Google, shall be adopted by the IPEAK network. The user can subsequently add to or reduce such details in such user’s profile on the Platform.
A IPEAK Plus Service for “Plus Members” (“Plus Membership”), with all options and features, is also available against payment of a certain price. Specific Plus Member Terms & Conditions as set forth in Section 6 apply to the Plus Membership. Unless otherwise specified in the T&C or Section 6, all other provisions of these T&C also apply to the Plus Members. Through registering as a Plus Member you claim that you are over 16 years of age and that you are legally authorized to enter into agreements according to applicable law. If the aforementioned representation is not true, IPEAK is not bound by these Plus Conditions. Minors. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with IPEAK.
Consequences of Registration
By registering, the user confirms his/her knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and he/she will keep all registration information up to date. Each user shall register with IPEAK once only, and confirms with his/her registration that he/she has not registered an account with IPEAK before and has not deleted a previously activated user account. Following successful registration, the user (then the “Registered User”) can log on to the Platform by either (i) entering his/her email address and the chosen password, or (ii) accomplishing the login via Facebook Connect or Google Sign-In.
Rights of IPEAK
IPEAK reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly. If you provide any information that is untrue, inaccurate, not current or incomplete, or IPEAK has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IPEAK has the right to suspend or terminate your account immediately and without prior notice and to refuse any and all current or future use of the Plus Services (or any portion thereof), without the Registered User being entitled to a refund of any previously paid amount. In any event, IPEAK reserves the right to contact you at any time to verify your registration data. User Identity. IPEAK is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.
GENERAL TERMS AND CONDITIONS FOR ALL USERS
Fraud protection. You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at email@example.com or, for Plus Members, firstname.lastname@example.org, of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk. IPEAK will not refund any amounts paid by you to ipeak.io before you report an unauthorized or fraudulent use of your account. IPEAK has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account. Promotions and Free Offers. IPEAK may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
SPECIAL TERMS AND CONDITIONS FOR Plus MEMBERS
Subscription Requirement. In order to use the IPEAK Plus Service for Plus Members, you must (i) be a Registered User, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Plus Services, by credit card, via AppStores, or any other form of payment accepted by IPEAK (the “Subscription”). Types and Prices of Subscriptions. IPEAK offers different Subscription periods so that you can choose the one that best satisfies your needs. The different Subscription types and applicable prices are available for viewing here: www.ipeak.io/Plus-membership or in the App Stores. All prices are subject to change at IPEAK’s discretion at any time. Any price changes will be announced on the Platform or in the App Stores.
Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Plus Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account. Payments for the entire term of your Plus Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems. If IPEAK is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. IPEAK may deliver invoices and payment reminders to the user by email. Automatic Renewal. When your Subscription period expires, your credit card will be charged automatically with the standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription. The standard subscription price can be viewed on the Platform and in the App Stores. Cancellation. You may cancel your Subscription to IPEAK Plus Service for Plus Members at any time by initiating the cancellation on the Platform or via the App Store. Unless otherwise provided for in Section 8, IPEAK will not refund previously paid amounts. Expiration. Subject to Section 6.4, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the IPEAK Plus Service for Plus Members during such period. Each user can check the length of the current Subscription period by viewing such user’s account information. Contact. Please contact us for any questions you might have or to report any violations of the Plus Conditions in this Section 6 at email@example.com Application of Other Rules. Unless otherwise specified in this Section 6, all other provisions of these General T&C apply also to the Plus Members.
SPECIAL CONDITIONS FOR TRAINING PLAN USERS
General. IPEAK offers Training Plans to Registered Users that can help you to improve your performance. Subscription Requirement. In order to use the Training Plan Services, you must (i) be a Registered User and (ii) pay the stipulated price along with (where applicable) the VAT and any other fees or amounts associated with the Training Plan Services, by credit card or any other form of payment accepted by ipeak.io (the “Booking”). Booking. IPEAK offers different types of training plans on the Platform, so that you can choose the one that best satisfies your needs. Payment. Payment is made in advance. In other words, you can select the training plan that best satisfies your needs. Once you have signed up and paid the price, the corresponding validity period will be associated with your account. IPEAK uses secure payment service providers to guarantee that your payments are secure. Prices. You can consult the different applicable prices on the Platform. Any price changes will be announced on the ipeak.io website. Plus Membership. Training plans are included for Plus Members. The validity period for Plus members equals their Plus Membership. Booking Period. Any booking period of the Training Plan Services ends after six months, regardless of the user’s actual use of the Training Plan Services during such period. You can check on the length of your Training Plan at any time by viewing your account information. Cancellation. You may cancel the Training Plan Service at any time by initiating the cancellation on the Platform. Unless otherwise provided for in Section 8, IPEAK will not refund previously paid amounts.
SPECIAL CANCELLATION RIGHT FOR CONSUMERSApplication of Consumer Laws. If you are a Registered User, using the IPEAK Products for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG): Right of Withdrawal from Contract. You may cancel your agreement with IPEAK in writing, e.g., by letter or email, within 14 days of the date on which the agreement was entered into without stating any reasons. You can cancel the agreement by sending your notification to:
IPEAK SYSTEMS GmbH
Nikolaiplatz 4, 8020 Graz
Consequences of Cancellation. In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to IPEAK in full or in part, you are obligated to reimburse IPEAK for the value lost. This may mean that you are required to fulfill your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it. Cancellation Form. The exercise of your cancellation right pursuant to this section 9 may occur via the following cancellation form: (If you wish to cancel the agreement, please fill in and return the form below.) To IPEAK SYSTEMS GmbH, Nikolaiplatz 4, 8020 Graz, Austria, E-Mail firstname.lastname@example.org I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), Ordered on (*)/received on (*), Name of consumer(s), Address of consumer(s), Email address of consumer(s) which is used to login to IPEAK Products, Signature of consumer(s) (only if this form is notified on paper), Date___________
USER OBLIGATIONS AND CONDUCTUser Obligations. Each user of the IPEAK Products must truthfully provide, and keep current and complete, his/her registration details, and must not pass on such details to third parties; only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to IPEAK that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content; not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal; not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam; not carry out any disrupting interferences in the IPEAK network, including the IPEAK Products, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding IPEAK’s software or hardware; not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner; provide prompt notice via email to email@example.com of any detected breaches of the aforementioned obligations; diligently care for the personal details and only allow such persons access to their own details that are close to the user; and regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. IPEAK shall not be responsible for any lost or impaired details.
BREACH OF USER OBLIGATIONSSanctions. In order to ensure the proper and reliable provision of IPEAK Products, IPEAK imposes the following sanctions upon breach obligations by a user: warning; deletion of content; temporary deactivation of user account; and cancellation (irrevocable deactivation). The type of sanction shall depend on the purpose, impact, and type of the breach in light of IPEAK’s and the user’s interests. Cancellation. In the event a user account shall be cancelled in accordance with this Section 12, the respective user shall not be permitted to register again.
REPRESENTATIONS AND WARRANTIESLimitation. IPEAK does not claim or warrant that the IPEAK Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties. Own Risk. The user uses the IPEAK Products exclusively at his/her own risk. This applies, without limitation, to the related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature “measuring pulse”, by pressing the photo light for a prolonged period, the user’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles; downloading of the user’s own and third party content; and any use by the user of data created or provided by IPEAK, including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and IPEAK does not, to the extent permitted by law, assume any responsibility for the correctness of such data. Medical Advice. The use of any software or hardware offered by IPEAK is no substitute for the consultation by the user of a specialized doctor. External Content. Additionally, IPEAK does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. IPEAK does not make any representations or warranties with respect to products or services of third party providers.
LIMITATION OF LIABILITYGeneral. IPEAK shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if IPEAK has caused a certain damage willfully or with gross negligence. In the event of slight negligence, IPEAK shall not be liable to other businesses and shall be liable to consumers only for personal damages. IPEAK shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties. Content. Unless required by statutory law, neither IPEAK nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the IPEAK Products. This also applies to damages resulting from errors, problems, viruses or loss of data. Downloads. IPEAK assumes no liability for downloaded material or material obtained as a consequence of using the IPEAK Products. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the IPEAK Products. Conflicts. The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that IPEAK will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
INDEMNIFICATION BY USERSIndemnification. The user shall indemnify IPEAK for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to or any of the IPEAK Products by such user or as a result of any other usage by such user of applications available from IPEAK. The user shall bear the costs of any legal proceedings, in which IPEAK may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement. Support. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to IPEAK all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that IPEAK may be entitled to bring against the user shall not be affected.
CHANGES TO THE T&CGeneral. IPEAK reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on the Platform as well as in the apps. Changes. If the Company does not obtain your specific consent to the changes in the IPEAK Products, the Company will inform you of any changes at least four weeks prior to the effective date of the changes via email to the address provided during Registration (“Amendment Information”). From receiving the Amendment Information, you will have an objection period of four weeks. The Amendment Information will entail (i) the updated T&C, (ii) the effective date of the changes, (iii) a four-week objection period, (iv) information on the consequences of omitting an objection. If you do not object to the changes, the updated T&C will be deemed accepted. In the event that you object to the changes, the Company is entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for the Company. Written Form. Subject to Sections 17.1 to 17.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
MISCELLANEOUSSeverability Clause. In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect. Governing Law and Jurisdiction. These T&C and all contractual relations and litigation between the users and IPEAK shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods. Place of delivery and exclusive court of jurisdiction shall be Graz, Austria.
CONTROLLERController. The controller of data processing is IPEAK. You can contact us via email under the Email Address. Data Protection Officer. Our data protection officer can be contacted under the Email Address. Should you have any questions regarding the processing of your personal data, please do not hesitate to contact him/her.
WHICH DATA WE COLLECT AND PROCESSIn General. IPEAK processes personal data that you as a user of the Products make available to us, for example by using our Products, and that others provide to us (“Data”). Data You Provide to Us. Registration Information Mandatory Information: You have to provide us with certain information in order to register with us: email address or phone number; first and last name; gender; birthdate. Optional Information: Certain information is optional during registration and can also be added or deleted later on by you, such as: personal information: height and weight, address (street, postcode, city, country), profile picture, family status; units: distance, weight, temperature; reason and motivation: sports level; description; motivation for doing sports; education and job: school, university; company, type of job; contact information: phone number, website; Twitter, Skype. Health & Fitness Activity Information fitness activities: e.g. start time, duration, distance, calories, elevation, heart rate, and location data; nutrition logging: e.g. time, calories, meal information (name, type, macronutrients, micronutrients); personal goals: e.g. yearly running goal, weight goal; training plan information: e.g. start date, training plan, associated fitness activities; event participation: e.g. event name, time, location; routes: e.g. name, description, location data; photos: including location data; LIVE Tracking, see Section 5.2; equipment information: e.g. shoe information (brand, model, size, color, picture). Friendship and Group Information sent friendship requests: time, user; accepted friendship requests: time, user; group participation: group name, time joined. Payment and Subscription Information. We use payment providers (e.g. Apple, Google, Braintree, PayPal) to process payments. Although we do not store any credit card information ourselves, we store a payment ID number that is given out by the respective provider and can be allocated to a person by that payment provider, as well as duration of your subscription, price, currency, VAT (based on country info), and payment provider. Phone Book Contact List If you explicitly allow us to access your phone book, we will compare the email addresses of your contacts with email addresses from registered users of IPEAK and send you a list with friend suggestions. We do not store this information in any way. Data from Others. Registration via Facebook or Google If you register a IPEAK account via social login, we will receive the following information: Facebook Inc. (1601 South California Avenue, Palo Alto, CA 94304, USA, “Facebook”): First and last name, email address, gender, birthdate, profile picture; Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA, “Google”): First and last name, email address, gender, birthdate; and profile picture. Facebook Friend List We will receive information about your friends on Facebook if you explicitly allow us to access it. We will use this information to make friend suggestions in the Products, but do not store it. Import Fitness Activity Information from Connected Accounts General. We offer an automatic import of your fitness activity information from other platforms like Garmin, Nokia Health (Withings), and Fitbit. You have to explicitly agree to connect your account from those platforms to your IPEAK account beforehand in order to import such data. Apple HealthKit. We use Apple’s (Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA; “Apple”) HealthKit (for more information see here ) framework, which provides a central repository for health and fitness data on iPhone and Apple Watch and – with the user’s explicit consent – lets apps communicate with the HealthKit store to access and share this data. We process the following Data, obtained through the HealthKit framework and the Apple CoreMotion processor (for more information see here ), for the purposes described below and with explicit consent by the user: steps, calories, distance, duration, and heart rate. New data attributes may be added to the HealthKit framework, which will be portrayed in the Product and which you have to consent to. IPEAK and IPEAK’s analytics service providers may analyze engagement data for research purposes designed to provide a personalized experience and motivate engagement in healthy habits. IPEAK does not use information gained through the HealthKit framework for advertising or similar services. You can always stop IPEAK from accessing your data by changing the settings of your mobile device. Google Fit. We use Google’s Fit SDK (for more information see here ) which is an open platform that lets users control their fitness data. We process the following Data, obtained through the Google Fit SDK, for the purposes described below and with explicit consent by the user: steps, calories, distance, duration, and heart rate. New data attributes may be added to the Google Fit framework, which will be portrayed in the Product and which you have to consent to.