These Terms of Service define the terms by which you may use the website awaned.com (the “Website”) and our software and social media services (the “Services”) and are an agreement between you and Utforming Medhus (the “Company”) (the Company, Website, and Service are collectively referenced as “we” or “us”). By using this Website and the Services, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. You should not use this Website and/or Services, if you do not agree to these Terms of Service.
This Agreement applies to all visitors of this Website and subscribers of our Services.
1. Our Services
Our Website provides a hosted software platform by which subscribers can track their daily food consumption and exercise progress. In addition, our Website provides a social media platform connecting subscribers to fitness coaches, personal trainers, and nutritionists, who are available to work with subscribers on an individualized basis via an online setting. Subscribers will also have access to specific professional information about each of our participating fitness coaches, personal trainers, and nutritionists in order to make an informed choice regarding which professional(s) to work with on our Website.
You do not have to register in order to visit our Website. In order to access many of the features of this Website, however, you will need to register, create an account, and sign up for a subscription to use our Services. When you register and subscribe, you will be asked to provide your full name, email address, credit card information, and a password. Profile information entered into your account at registration will only be viewable by you through your account settings.
Upon selecting your password, you should keep your password confidential and refrain from sharing it with any third party. You are solely responsible for any activity which occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.awaned.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this notification requirement.
All information provided by you in your registration must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case. In addition, we may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Service, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed fraud or any other illegal activity, we may report you to the appropriate law enforcement authorities.
Only adults, who are at least eighteen (18) years of age, are eligible to register to use our Website and access our Services. In addition, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. By registering and using our Website and Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth therein.
3. Software subscription terms
(a) Access. We grant access to our software services on a per user basis, so each individual registrant is required to maintain an individual subscription to our software services.
(b) Scope of Subscription. We grant each subscriber a non-transferable, non-exclusive license to (a) access, use, and display our software services for your personal and non-commercial use only; (b) to upload and store data and content into your account on our host server; and (c) to use, display, and make copies of any documentation about our software services for your personal and non-commercial use. Subscriptions shall include access to all updates, upgrades, maintenance releases, and enhancements to the software platform as they are implemented.
(c) Restrictions. You may not share, rent, resell, lease, sublicense, or otherwise permit any third party to access, use, or display or software services. The software services and the underlying software platform (the “Software”) contain our trade secrets and in order to protect those trade secrets, you agree not to take any action to reverse engineer, compile, translate, disassemble, copy, or create derivative works of the Software in whole or in part, nor to permit any third party to do so.
(d) Subscription Payments. We make available subscriptions to our software services on a monthly basis at the rate of 49 NOK per month. All payments are billed on the monthly anniversary of the effective date of your subscription and processed through our payment processor. We offer a free initial thirty (30) day trial subscription to all new subscribers when they first subscribe to our software services. Repeat subscribers who subscribed previously to our software services but had the subscription cancelled for any reason will not be eligible for any subsequent free trial subscription. We accept all major credit cards for payment. All software service subscription payments are non-refundable.
(e) Subscription Period: Subscriptions commence on the day you first subscribe to use our software services and expire thirty (30) days thereafter Subscriptions are automatically renewable for successive monthly subscription periods (“Renewal Period(s)”) upon the payment of the applicable subscription fee.
(f) Cancellation. You may cancel your subscription at any time without notice through your account profile on our Website or by not renewing your subscription at the expiration of any Renewal Period. We also reserve the right to cancel your subscription at any time in the event that you materially breach any term or condition of our Terms of Service. All cancellations will be effective immediately; provided that if you have previously retained the services of a fitness coach, personal trainer, or nutritionist through the Website as set forth in Section 5 below and the services procured have not been performed in full, then the cancellation will not be effective until such services have been performed in full. Account profile information will be deleted six (6) months following any cancellation of your subscription.
(g) Data. Any fitness, nutritional, or exercise data uploaded to our software services or correspondence data generated within our Software will be available for the term of your subscription and for an additional period of six (6) months after the cancellation of your subscription. All data will be deleted six (6) months following the cancellation of any subscription.
(h) Uploaded Content. You may upload to your account profile a photo (“Content”). You expressly warrant that you own all right, title, and interest in any such Content that you upload to our software services, or in the alternative, that you have procured a valid license from the copyright owner of the Content, which authorizes you to grant sublicenses to authorize the display and storage of your Content as set forth herein. You grant to us a (i) nonexclusive license to display all such Content in your account for viewing by you and any fitness coach, personal trainer, or nutritionist with whom you work on the Website, and (ii) a perpetual, non-exclusive license to store your Content on our host service and to create back-up copies for archiving and disaster recovery purposes only. If the Content is an image of a person, then you warrant and represent that the image is of you and that you grant us the right to display your likeness during the period of your subscription in conjunction with your account as described herein. You are solely responsible for ensuring that all Content that you upload is appropriate; legal and not in violation of any federal, state, or local law or ordinance; is not obscene or pornographic; does not defame any third party; is not threatening or harassing; does not invade anyone’s privacy; is not infringing; and is not otherwise objectionable. You acknowledge and agree that any Content that you upload to your account will be visible to us when we log into your account for any reason, including to provide support to you. Content will be available for the period of your subscription and deleted six (6) months following any cancellation of your subscription.
4. Operation of Our Website and software ServiceS
We use commercially reasonable efforts to maintain our Website and software services and to keep them operating on a 24 hour, 7 day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
(b) Description of Error Message. The exact wording of any error messages, if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website or software services will be uninterrupted, or that the Website and software services will be available at all times. We disclaim any and all liability or responsibility for any delay, interruption, or downtime, or for any loss of data.
We use commercially reasonable efforts to ensure that our Website and software services are protected from viruses and other destructive software and that subscriber data is routinely backed up for both archival and disaster recovery purposes, but we cannot guarantee that either will at all times be free from viruses or that all data in your account will never be lost during the term of your subscription. We urge you to use reasonable care in uploading and downloading information. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website and software services or as a result of downloading from the Website and software services, or for the loss of any data in your account.
5. WORKING WITH A FITNESS COACH, PERSONAL TRAINER, OR NUTRITIONIST THROUGH THE WEBSITE
Subscribers shall have the opportunity to connect with and hire the services of fitness coaches, personal trainers, and nutritionists who make available their services on this Website. If you are a subscriber seeking to work with a fitness coach, personal trainer, and/or nutritionist through this Website, then you will have the option of choosing to work with the service provider of your choosing on either a one (1) month or a three (3) month basis for the fixed fee price specified by the service provider on his or her profile page. Services will be provided via chat room through the software services platform, or as otherwise designated by the service provider. Service providers will automatically be able to view any data uploaded by Subscriber to the software service, and may modify such data from time to time on behalf of the Subscriber in their sole and absolute discretion. Payments are due in advance of the commencement of any services subscription, and will be made via PayPal and subject to its applicable terms of service for all PayPal payments. All payments will be held in escrow for the service provider until the services have been delivered in full in accordance with the service description provided by the service provider on his or her profile page, or sooner, if otherwise authorized by Subscriber. In the event that Subscriber becomes ill, injured, or disabled at any time while a service subscription is in effect, then Subscriber is responsible for promptly notifying the service provider of his or her health issue, and negotiating directly with the service provider to either permit a third party to utilize the services subscription in his or her place until the previously paid services are performed in full or to receive a refund of the fee previously paid based on the pro-rata portion of the services performed prior to the commencement of the illness, injury, or disability. You acknowledge and agree that it is your sole and absolute responsibility to negotiate any such service concerns directly with the service provider, and that we have no responsibility to conduct or facilitate any such negotiations on your behalf.
6. ACCEPTABLE USE POLICY
Our Website and Services should only be used for lawful purposes. We specifically prohibit any other use of the Website and Services, including but not limited to the following:
(a) Impersonation; Misrepresentation: Posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
(b) Providing Unauthorized Access to the Website: Disclosing or sharing your password with any third party or allowing such third party access to the password-protected features of the Website;
(c) Failing to Maintain the Security of your Hardware: Using Hardware that is not secure to connect to this Website and utilize the Service;
(d) Objectionable Communications through the Website: Posting content or initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
(e) Sending Spam through the Website: Sending unsolicited email through the Website to any third party;
(f) Illegal Activity: Using the Website for any illegal purpose in violation of applicable laws, including but not limited to transmitting, storing, or posting information or data that violates copyright laws, threatens a third party, contains viruses, or is comprised of objectionable or illegal software;
(g) Tampering with the Website or Host Network: Taking any action that circumvents or attempts to circumvent password protection or security installations, including but not limited to obtaining access to data not intended for your use or attempting to intercept third party data, logging into a server or account that you are not expressly authorized to access, hacking, browsing the network for security weaknesses;
(h) Interfering with or Impeding the Website or Host Network: Taking any action that disrupts, interferes with, or impedes the delivery of services to another subscriber or any third party within the host network, including but not limited to flooding, mail bombing, or other deliberate attempts to overload or limit the availability of the Website or network;
(i) Using Unauthorized Search Tools: Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website to collect email addresses;
(j) Uploading Viruses: Posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or Service, or of any computer software, hardware, or telecommunications equipment;
(k) Infringing Intellectual Property: Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering the Software, content, information, or other materials comprising or in any way making up part of the Website;
(l) Mining Data: Using any means of automatically searching or mining data from the Website or Service, or in any way attempting to interfere with the proper working of the Website;
(m) Stalking or Harassment: Stalking, harassing, or threatening any third party through this Website; or
(n) Harvesting Personal Information: Collecting or storing personal information about any user or subscriber to the Website and Services.
We reserve the right (but do not have the obligation) to cancel the account of any user, subscriber, or service provider who does not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at support [a] awaned.com.
7. Intellectual Property
We or our licensors shall retain all right, title, and interest in the marks, logos, code, databases, content, text, designs, photos, and other materials posted to our Website and made available through our software services (“Intellectual Property”). Except as otherwise expressly stated herein, you may only display and view the Intellectual Property posted to the Website and made available through the software services, and you may not reproduce, display, copy, republish, download, upload, post, transmit, publicly perform or display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our Website, the software services, or any written advice or materials provided by a service provider through the Website without the express written consent of us or our licensors as appropriate. Using the Intellectual Property on any other Website for any commercial purpose is expressly prohibited.
8. Intellectual Property Infringement Complaints
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
(a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
(d) Contact Information. Your address, telephone number, and email address; and
(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
9. Third Parties
We do not screen or run any criminal, employment, or other background checks on subscribers or service providers working on this Website. Your interaction with any third party through this Website and the Services are solely between you and such third party. You are solely responsible for exercising common sense and reasonable caution in any dealing with any third party with whom you are connected through this Website and Services. You agree that we will not be responsible or liable for any loss, damage, bodily injury, or other any liabilities incurred as a result of your interactions with such third parties. You assume the sole and absolute risk of loss, injury, damage, and liability of your interaction with any third party linked to this Website or Services. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.
We have implemented commercially reasonable security measures to protect personal information uploaded to the Website and Services such as one-way password encryption and secure file transfer protocol; however, we cannot provide any guarantees that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree that any personal information that you upload to this platform is provided at your own risk.
11. Feedback; Idea Submissions
We are pleased to hear from you and welcome your feedback about the Website and our Services. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website and Services at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the Website or our Services, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate into our Intellectual Property your idea.
12. Limitation of Liability; Consequential Damages
You agree that we will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website or the Services, including but not limited to damages for loss of profits, goodwill, use, data, personal injuries, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed in the aggregate for all claims the total amount of all subscription fees that you paid to us. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
13. Warranty; Disclaimer
Your use of this Website and the Services shall be at your sole risk. We make no warranty that your access to the Website or the Services will be continuous, uninterrupted, bug-free, error-free, virus-free, malware-free, free of defects, or free of technical problems, or that any information provided through this Website by any subscriber or service provider will be accurate, reliable, or complete. We can make no warranties regarding the information, credentials, background, data, or advice provided by any third party through this Website, or with respect to your decision to interact with any third parties through our Website. No information submitted electronically through this Website and no email to us will be treated as privileged, confidential, sensitive, or as if it contains personal health information. Any person submitting confidential or sensitive information to us, including personal health information, waives all rights to confidential protection. We assume no responsibility for the loss or disclosure of any such information that you transmit to us via the Internet. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free, malware-free software services and to ensure that our chat functionality is fully functional at all times.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE AND THE SOFTWARE SERVICE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED, OR THAT SUBSCRIBERS WILL NEVER LOSE ANY DATA THAT IS UPLOADED OR GENERATED THROUGH THIS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ANY AND ALL DATA OUTSIDE OF THE WEBSITE AND SOFTWARE.
Service providers on our Website will only be able to provide guidance with respect to the information you provide to them. You assume all risk of injury and bodily harm with respect to any injury that arises as a result of your providing incorrect, inaccurate, or incomplete data to any service provider about your fitness status, health, or any other matter. WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY FOR MONITORING COMMUNICATIONS BETWEEN SUBSCRIBERS AND SERVICE PROVIDERS ON THIS WEBSITE, AND FOR ANY INACCURATE, UNRELIABLE, OR INCOMPLETE INFORMATION THAT YOU RECEIVE THROUGH THIS WEBSITE.
You are solely responsible for making all decisions regarding your diet and exercise habits, and for exercising reasonable caution with respect to food allergies and physical restrictions or other dietary restrictions. You should always seek the advice of your physician or other qualified healthcare provider with any questions that you may have regarding a medical or health-related condition. You should never disregard professional medical advice or delay in seeking professional medical advice because of anything you have read on this Website. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES REGARDING THE MONITORING OF SUBSCRIBER HEALTH, AND FOR ANY MEDICAL OR HEALTH-RELATED DECISIONS THAT YOU MAKE OR ELECT NOT TO MAKE AS A RESULT OF WORKING THROUGH THIS WEBSITE. WE ALSO DISCLAIM ANY AND ALL WARRANTIES FOR ANY PHYSICAL INJURY THAT YOU SUFFER IN CONNECTION WITH PHYSICAL ACTIVITIES OR DIETARY CHANGES THAT YOU MAKE IN CONNECTION WITH THE USE OF THIS WEBSITE AND THE SERVICES.
We do not seek to establish any professional relationship with you as a result of any visit you make to this Website. This Website and the Services are not a medical practice and we cannot provide medical advice or diagnose health conditions. Instead, this Website is intended as a portal to connect subscribers to fitness coaches, personal trainers, and nutritionists, so that you may directly develop a personal relationship with one another. We do not screen either subscribers or service providers, and WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES REGARDING SKILLS, CHARACTER, PROFESSIONALISM, SAFETY, CRIMINAL, EMPLOYMENT, BACKGROUND AND/OR OTHER PERSONAL HISTORY REGARDING SUBSCRIBERS OR SERVICE PROVIDERS. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS, DAMAGE, OR BODILY INJURY WHICH ARISES FROM THIS WEBSITE OR ANY OF THE SERVICES PROVIDED THROUGH THIS WEBSITE. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE WEBSITE AND SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP. NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY SERVICE PROVIDER.
Participating in any social networking platform where you interact with individuals that you do not know involves some risk of physical injury or death. We expressly disclaim any responsibility for the behavior of any user and for any risk of bodily injury or death arising in connection with our Website.
14. Release of Claims
To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to Company, our Website, or the Services. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact.
By using our Website and Services, you agree to indemnify, defend, and hold harmless us, as well as our officers, employees, independent contractors, representatives, agents, other users, against any claim by you or any third party arising from or in any way related to your use of this Website or the Services, including but not limited to any liability, expense, claims, demands, losses, damages, bodily injury or death, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
We reserve the right to discontinue this Website and our Services at any time in our sole discretion. You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service.
17. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of Norway, without regard to conflicts of law principles.
(a) Disputes with Company or Website. Any complaints or disputes with respect to the Website or software services should be submitted to us by email to support [a] awaned.com, where we will attempt to resolve your dispute on an informal basis. If we are unable to resolve your concerns, you should submit them to the Forbrukerrådet or The Norwegian Consumer Council for resolutions. Information on how to submit your dispute through this body is available at www.forbrukerradet.no/forside/other-languages/complain-toforbrukerr%C3%A5det.
(b) Disputes between Subscribers and Services Providers. We offer no dispute resolution service to mediate or resolve disputes between Subscribers and service providers. It is your sole and absolute responsibility to manage your own disputes directly with the other party. In the event of any such dispute, you should notify the other party by email of your concerns and attempt to resolve them on an informal basis. All disputes arising between Subscribers and service providers that cannot be resolved on an informal basis by the parties shall be submitted to binding arbitration under the Rules of the Norwegian Arbitration Act 2004 (the “NAA”). The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each party. The arbitration award shall be final and each party shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims between a Subscriber and service provider must be resolved in accordance with this Section. All claims filed or brought contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that the other party may recover attorneys’ fees and costs for the improperly filed claim, provided that such party has notified you in writing of the issue and you have failed to properly withdraw the claim.
19. Contact Us
In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website or Services, please notify us at the contact information listed below:
Attn.: Legal Officer
Utforming Medhus d/b/a AWANED
E-mail: support [a] awaned.com
20. Effective Date
These Terms of Service were last modified on the 17th of December, 2014.