Legal warnings and privacy regulations for S+H TECHNOLOGY SA products and services


1. Conditions of use and validity
These conditions of use regulate the use of computer software and applications for smartphones, hereinafter both referred to as 'the application', distributed by the producer via the sale of special licenses referred to in the following points. By accessing the application and its content the user declares that he/she has taken note of these conditions of use, the legal information and the relating elements herein contained. By using the application the user confirms that he/she has understood and accepted these conditions of use, the legal warning and privacy regulations. In the case of complete or partial non-acceptance of the general conditions, the legal warning and of the privacy regulations, use of the application is not allowed.

2. Changes to the conditions of use
The conditions of use can be updated or changed at any time. Such updates or changes are binding. The customer shall be informed of any change via an appropriate format (e.g. from within the application). The customer shall guarantee that he/she has read the updated version of the conditions of use. Changes to conditions are deemed approved with the successive use of the application.

3. Terms of use
Always consult a doctor before practicing sport activities and always refer to him with any doubt, request or necessity. Use of the application does not replace a doctor, nor is it responsible for the user's health. The content of S+H TECHNOLOGY SA sports portal is not an aid nor an alternative to information given by a doctor or a chemist. By agreeing to the general terms and conditions the user confirms that he/she solely is responsible for his/her own health condition. S+H Technology's service is used by the user exclusively at his/her own risk and responsibility. This is particularly valid with reference to any hardware used by the user, such as, purely by means of example and not exhaustive, smartphones, vests, heart rate monitors, step counters etc. S+H Technology does not hold itself in any way responsible for the functioning of hardware products used by the user, whose good state and correct functioning he/she must periodically evaluate, nor for their ability to interact with the application. In the same way, the user is exclusively responsible for the usage of paths and sessions shared by other users, with reference to any obstacle (natural or not) of generic risk encountered.

4. Limitations
The application can only be used by holders of the special license referred to in point 7. S+H TECHNOLOGY SA is authorised at any moment to limit, stop or suspend the working of the application, with or without notice, for all users or for single users, either completely or partially, temporarily or permanently.

5. Foreign law and limitations on import and export
The customer shall take note that the use of the application abroad may imply violation of foreign law. He/she is therefore required to find out about this. Using the application in such circumstances is entirely his/her own responsibility.

6. Use of the application
The use of the application presupposes that the customer has at all times the special valid license referred to in point 7.

7. License and costs
On condition that the user has accepted these conditions of use and respects them constantly and completely, S+H TECHNOLOGY SA herein grants him/her the non-exclusive license ('license'), that is non-transferable, and cannot be sublicensed, for the use of the application with the following supplementary conditions:
- The user can only use the application on a device that belongs to him or he has use of or can use for a long time;
- The user can only use the application for his private purpose or for that of his business or company;
- Use with the aid of an emulator or similar device is not allowed.
Without prejudice to peremptory juridical orders, the user is not authorised to copy, in any way modify, decode, distort, translate, rent, sell, lend or transfer or otherwise allow the application, or parts of it, to be used by other persons. Neither is it allowed to make by-products from the application or from its parts. The user shall recognize that by installing the application he will not be assigned any permanent rights. The user license can be one of four types based on the user profile he intends to use:
- Basic
- Advance
- Professional
- Trainer
The Basic license, which is the only one available at no cost, offers only the basic options. The Advance license includes the use of training schedules and devices based on ANT+™ technology, as well as other secondary functionalities. The Professional and Trainer licenses allow the application to be used in its entirety (the second one enables use of several accounts, when connected from the website). The details of the applicable rates are detailed on the S+H Technology Internet site: www.sportplushealth.com. Payment can be made online, using the various means available. The use of the application can also imply costs for an Internet connection. The costs for Internet access with one's own device (including roaming) will depend on rates of the individual mobile phone operators.

8. Termination of the license and deactivation of personal data
The right to use the application is lost when the cancellation of the contract comes into effect, when the conditions of use are violated, when the functioning of the application by S+H TECHNOLOGY SA is suspended even temporarily, with the sale, donation or other permanent arrangement of the mobile application and the giving up of its use. Once the license is terminated for whatever reason, the client is obliged to remove the application from all his/her mobile devices. Following suspension of use or cancellation, all personal data provided by the user at the time of registration will be deactivated. In the case of reactivation of a suspended or cancelled account, the user will regain possession of all his/her own data that had been deactivated, independently of the type of profile previously set up. All details made public by the user will be anonymous, that is to say it will be clear that these details were provided by a cancelled user or by a user who is being cancelled. In the event of termination of use of the application, all saved personal data can be irrevocably cancelled by S+H TECHNOLOGY SA upon user request. Users who wish to request cancellation of their personal data must make an explicit written request via e-mail to delete.account@sportplushealth.com.

9. Privacy
The customer, aware of the correlated risks and agreeing to them, declares that he/she expressly agrees that S+H TECHNOLOGY SA, in using the application, uses electronic methods of communication in order to communicate with him, including Internet, e-mail, that modern mobile devices that have the application installed are equipped with. Data that is transmitted via an open network such as Internet or email service can be visible to anyone. S+H TECHNOLOGY SA cannot guarantee the privacy of communications or documents that are transmitted via such open networks. If personal information should be communicated via an open network, third parties can access such information, collect and use data without the client knowing and without his agreement. Even if the sender or receiver resides in the same Country, the transmission of data via such networks often takes place via third party countries, or even via countries that do not offer the same level of protection as that of the country where the client lives. Data can be lost during transmission. From the installation, registration or use of the application, third parties, irrespective of their location, can deduce that a past or future commercial agreement exists between the customer and S+H TECHNOLOGY SA.

10. Exclusion of guarantee and exclusion of liability
S+H TECHNOLOGY SA cannot guarantee uninterrupted access to the application nor access without interference. S+H TECHNOLOGY SA cannot obtain technical access to the application. S+H TECHNOLOGY SA furthermore cannot provide any guarantee for network operators (e.g. Internet service providers or mobile telephone providers). S+H TECHNOLOGY SA will not assume any responsibility, will not provide any guarantee and will not answer for the correctness, precision, reliability, completeness, privacy and duration of transmissions (or the up-to-dateness) of the information displayed via the mobile application. S+H TECHNOLOGY SA declines any liability for any type of damage that may come from the use (or impossibility of use) of the application. In particular, S+H TECHNOLOGY SA shall not answer for damages owing to transmission errors, technical faults, overloading, interruption (including system maintenance work), breakdown, as well as illicit operations or intentional obstruction of the telecommunication devices and of the networks or other failings on the part of the telecommunication and network device operators the customer may have due to non fulfilment of his/her contractual obligations to third parties, neither for other indirect consequential damage, e.g. loss of earning or right to compensation of third parties from the user. S+H TECHNOLOGY SA is excluded from all liability, even in the case of negligence, for direct and indirect damage deriving from the use or from the access to elements of the application or to links to Internet sites of third parties or deriving from impossibility of use or access. Furthermore, S+H TECHNOLOGY SA declines all responsibility for manipulation of the user's IT system by third parties.

11. Royalties and Copyright
SportPlusHealth and other brands that can be used in the application are registered and protected brands. Unless otherwise indicated, all the contents of the application is protected by copyright. S+H TECHNOLOGY SA reserves all rights (in particular that of copyright) on all the content of the application. These conditions do not grant any right to use protected content, images, registered brands or logos beyond that which is necessary for the use of the application in compliance with these conditions. No part of the application is designed in such a way as to grant a license or right of use of an image, a registered brand or a logo. The use of images or any kinds of text that appear in the application or in the electronic or paper communication methods used by the producer is allowed, subject to written approval by S+H TECHNOLOGY SA, as it concerns protected brands. All the elements of the application belong entirely and exclusively to the producer (in particular copyright and other rights), except where otherwise indicated.

12. Image and text responsibility
Despite careful checks, S+H TECHNOLOGY SA shall not assume any responsibility for the contents of external links that are not directly authorised. The contents of linked pages is the exclusive responsibility of the respective owners.

13. Saving clause
Any legal instructions that regulate the functioning and use of telecommunication and network devices are guaranteed and are applicable at the time they come into force even for the use of the application.

14. Privacy
The running of the application is based on the collection and publication of details of individual users and the ability to relate them to those of other users by making these details accessible on the S+H TECHNOLOGY SA portal. The collection, administration and use of personal data by the producer is carried out in compliance with laws that apply to data protection, ensuring that all users are able to decide if they wish their personal data to be made accessible to other users. The user shall accept without reservation the communication, processing and use of his own personal data which will be accessible in different formats and also to third parties. The running of the application presupposes that the platform has the power to collect data from individual users in real time and make it available to third parties on its own platform. By using the application the user accepts the responsibility for this function at his own risk. S+H TECHNOLOGY SA collects user information at the time of website registration and when the application is in use. The personal information collected includes name and surname, house or other address, including the name of the road and the name of the town or city, e-mail address, data about training, such as length and type of training, pulsations etc. All users can change their privacy settings of their account at any time to decide what personal information can be collected and define who is able to see the personal information that is gathered. By registering the users expressly accepts that the producer shall have the right to use all personal data that is automatically gathered by the application, in accordance with the privacy settings used, for the purpose of the functioning of the application. The user shall expressly agree to the use of non-personal information by advertising networks included in the mobile applications for the purpose of displaying advertising banners.

15. Place of jurisdiction
The place of jurisdiction in the case of legal proceedings is Chiasso (Magistrate's Court Mendrisio Sud). Swiss law is applicable with the exclusion of private international law.