Terms of Use – Fit4Living NOTE! READ THIS TEXT CAREFULLY, IT CONTAINS IMPORTANT INFORMATION. General F4L is a service in the form of a platform for communication provided by Fit4Living Ih AB (hereinafter referred to as Fit4Living) as an application. It is only to be used in accordance with these Terms of Use and those rules available in direct connection to the service. The service is intended solely for consumers in Sweden and by using the service the user has accepted these Terms of Use as a whole. Subscription The service is to be paid in advance for a certain period and the subscription will automatically expire after this period unless the user pay the advance payment for a new period. The user is responsible for the correctness of the information given at registration, including information gathered from social media, as well as to updating their user account with correct information. Upon registration the user will only provide their own debit and credit cards. Use To use the service the user must be must be over 18 years old, alternatively over 13 years old if together with your parent or guardian, and have a valid user account. The user’s login credentials are personal and shall be kept confidential and be protected from unauthorized disclosure. The user is responsible for any login and use of the service that is made using the user’s login credentials. All use of the service in addition to these Terms of Use or instructions available in connection to the service is explicitly prohibited. It is not allowed to permit or to make possible for others to proceed in a way that contradicts these Terms of Use or the instructions available in connection to the service. The above mentioned means for example that the user under no circumstances should use the service, or components such as pictures, software or trademarks in a way that contracts against good custom or Swedish and international laws or regulations. This means for example that procedures that in one way or another influence other users, change, modification, de-compiling, de-construction, forward licensing, leasing, sale, and similar, in any case or during any circumstances is not permitted. In the case where deficiencies or faults are detected in the service these shall be reported to Fit4Living. Fit4Living furthermore reserves itself the right to check the user’s ways to handle and to use the service or the components included in the service. 1 Personal Trainer/Therapist The service allows users to contact and communicate with Personal Trainers/Therapists that are connected to the service. Fit4Living is not responsible under any circumstances for instructions or advice given by a Personal Trainer/Therapist. The responsibility that instructions or advice are appropriate and professional rests with the Personal Trainer/Therapist. Medical Advice The service or content provided through the service cannot and should not replace professional medical advice or treatment. The service is only a platform for communication and is not intended, and should not, be the basis for medical diagnosis or treatment. Any physical activity that occurs as a result of the use of the service is at the user’s sole risk. Fees and Payment Users can subscribe to the service by pre-paying for a particular payment period specified on the website of Fit4living. The user has to provide a valid debit or credit card (Visa, MasterCard or other authorized issuers) and may only register his/her own debit and credit card. The user is responsible for the information provided at registration being correct, including information obtained from social media, as well as to updating the user account with the correct information. The price for the service is paid in advance and are not changeable during the payment period, but may be changed for subsequent periods. As long as the subscription is not terminated by the user or Fit4Living the subscription is automatically extended with a new payment period of the same length as the previous period. The user undertakes to keep sufficient funds for payment available through the chosen means of payment. If payment is not kept available by the user and the date for payment is due, Fit4Living will again try to draw the fee from the credit or debit card that the user has registered. If payment has not been made twenty (20) days from the date the fee should have been paid, Fit4Living is entitled to issue an invoice for the relevant period, with an additional service charge. In case of delay in payment, Fit4Living shall also be entitled to charge penalty interest on the amount due in accordance with applicable law, statutory reminder fees and, where applicable, collection fees. Finally, in case of delay in payment, Fit4Living shall be entitled to discontinue or limit the user's access to the service. Upon termination of the agreement Fit4Living has the right to issue a final invoice for all unpaid fees with additional service charge with statutory interest. No Right for the Customer to Cancel a Purchase By entering into the agreement, the user consents to that the service is delivered directly and that the content is immediately being made available to the user. The user also agrees to that there is no right to withdraw from the service pursuant to the Distance Sales Act (Sw: Lag 2 (2005:59) om distansavtal och avtal utanför affärslokaler) once the provision of the service has commenced. If the user has entered into the agreement and the provision of the service has commenced, but the user no longer wants to use the service and not be bound by the agreement, the user must terminate the agreement. System Requirements In order to use the Service, the user must have the necessary and approved systems, connection and equipment. Specification of system requirements is available at the website. The user is responsible for all costs related to connectivity, including the cost of data traffic, regardless of where the user uses the service. Fit4Living shall be entitled from time to time to determine in its discretion which equipment that is to be regarded as approved, however Fit4Living assumes no responsibility for any approved equipment’s performance or its compatibility with the service. Fit4Living is not responsible for the user’s failure to use the service due to an overload on the Internet or other problems relating to communication. Termination and Suspension A subscription can be terminated by the user at the latest twenty (20) days before the start of a new payment period. No subscription fee paid in advance for the relevant period will be repaid and the user has normally the right to continue to use the service until the end of that period. If the user wishes to terminate the agreement, Fit4Living shall be notified by e-mail or letter. In the case Fit4Living wishes to terminate the agreement, Fit4Living shall notify the user by the e-mail provided by the user. E-mails shall be deemed to have been received by the user and Fit4Living immediately. If it is necessary to ensure the security, the quality or the integrity of the service Fit4Living has the right to suspend individual users of the service and to immediately terminate this agreement. If Fit4Living terminates the agreement the user's right to use the service expires immediately. Ownership, Copyright and Trademarks Fit4Living holds and reserves itself full ownership and copyright to the service and the software in current and future versions. These rights are protected of Swedish and international legislation. The user receives through these conditions only a right to use the service and does not have the right to claim any additional rights. Limitation of Liability USING THE SERVICE AND THE SOFTWARE TAKE PLACE ENTIRELY AT THE USER'S RISK AND LIABILITY. UNDER NO CIRCUMSTANCES WILL FIT4LIVING, ITS EMPLOYEES, BOARD MEMBERS, CO-OPERATION PARTNERS AND LICENSORS, ACCEPT RESPONSIBILITY FOR LOSS OF PROFIT, INTERRUPTION OF 3 OPERATIONS, CONSEQUENTIAL DAMAGES, LOSS OF INFORMATION, DAMAGE TO OTHER SOFTWARE OR HARDWARE, OR ANY OTHER DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OF THE SEVICE OR THE SOFTWARE. THIS SHALL REMAIN THE CASE EVEN IF FIT4LIVING HAVE BEEN ADVISED OF THE ACTUAL OR POTENTIAL LOSS OR DAMAGE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT WITH FIT4LIVING OR ANY OTHER BASIS. Links In some cases links to other websites are available in connection to the service. Fit4Living shall under no circumstances have responsibility for such links. Disclaimer of Warranty THE SERVICE IS UNDER CONSTANT DEVELOPMENT AND IS PROVIDED “AS IS” WITH THE FUNCTIONALITY THAT IS RELEASED FROM TIME TO TIME. FIT4LIVING HEREBY RELEASES ITSELF FROM ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES AS TO QUALITY, FUNCTIONALITY, AND FITNESS FOR A PARTICULAR PURPOSE. FIT4LIVING MAKES NO GUARANTEES OR WARRANTIES THAT NEITHER THE SERVICE NOR THE SOFTWARE IS ERROR-FREE, OR THAT MEASURES DO NOT NEED TO BE TAKEN TO CORRECT ANY ERRORS OR DEFICIENCIES. FIT4LIVING DOES NOT MAKE ANY WARRANTIES IN RELATION TO THE USE OF, OR THE RESULTS OF, THE USE OF THE SERVICE OR THE SOFTWARE, ITS RELIABILITY, ACCURACY, OR ANY OTHER PROPERTY. EMPLOYEES OR REPRESENTATIVES OF FIT4LIVING MAY NOT EXTEND THESE WARRANTIES EITHER IN WRITING OR VERBALLY. Complementary Information If hesitation exists about whether using the service contradicts these Terms of Use, applicable laws, regulations or other provisions, the user shall acquire complementary information before the usage is starting. Transfer Fit4Living have the right to transfer all or parts of its rights and obligations according to this agreement to a third party. Fit4Living have further right to engage subcontractors in order to fulfill the obligations according to this agreement. Personal Data By using the service the user consents to the processing of the user’s personal data in accordance with the Privacy Policy of Fit4Living. 4 Changes Fit4Living have the right to change these Terms of Use. Changes take effect when they have been announced to the user or been made available in connection with the service. Dispute Resolution and Interpretation Should a court or administrative authority determine that any term or terms of this agreement is not or are not valid, all other terms of the agreement shall remain in force and shall be interpreted as if the excluded term or terms had remained in effect. Dispute concerning the interpretation or application of these terms and related legal matters are to be settled by a Swedish public court in the city of Stockholm with the application of the Swedish law, except for the Swedish laws rules on conflict of laws. 5