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“Account” means an account created on the Service for a specific User to use the Service. A “User” is a user of the Service that has been provided a license to use the Service under this Agreement that has not been terminated.
This Terms of Service Agreement (the «Agreement») is a legal agreement between you («You») and ABEL app. By creating an account or accessing or using the Service, You accept and agree to be bound by the terms of this Agreement. You agree to comply with these Terms and any ABEL policies made available to you on the Services. By accessing, using or uploading or downloading any information or materials to or from the SERVICES, or by indicating your assent to these Terms by CREATING AN ACCOUNT, clicking “Sign up” or any similar mechanism, you are agreeing to the these Terms. If you do not agree to the these Terms, do not access or use the Services. This agreement was written in English.
Use of the ABEL application and services is at your own risk. In any case a condition for the use of ABEL is that you must be in a good general state of health. In addition our female athletes should note that pregnant women and breastfeeding mothers should not do the trainings and coachings offered by ABEL.
If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the ABEL service. Advice regarding training and or nutrition is constantly evolving in relation to science and we can not guarantee that these reflect the most up to date research. ABEL cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness, nutrition, or fitness program. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness, nutrition, and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health. You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services.
If you use the app for nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.
If you are under the legal age to form a binding contract in your jurisdiction, you represent that your legal guardian has reviewed and agreed to these Terms. To use the Services, you must register, provide true, accurate, current, and complete information about yourself and maintain and promptly update the Member Data. You agree that ABEL may use your Member Data to provide Services for which you have expressed interest and as otherwise set forth in these Terms. If you provide any information that is inaccurate or not current, or ABEL has reasonable grounds to suspect that such information is inaccurate or not current, ABEL has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize ABEL to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
When registering on our website www.abel.fit the user contract between you and us is formed after the registration process is fully completed.
When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google, Sony etc.). The contract is generally formed when you click on the «Install» field in the relevant app store and, where necessary, enter your password in question. Please note that in order to use ABEL it is still necessary to open a cost-free user account with us.
You agree not to transfer the Service. You may not modify, reverse engineer, decompile or disassemble the Service. You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of the Company. You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service. You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights. You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. You may not use or access the Site or Service to compile data in a manner that is used or usable by a competitive product or service. Any such forbidden use shall immediately terminate Your license to the Service.
You may deactivate your account at any time by visiting www.abel.fit or the profile settings in the application. You may request deletion of your personally identifiable information by contacting us. Once deactivated, your account, activities and place on leaderboards cannot be reinstated. You can uninstall the app at any time. If you uninstall the app your account will not automatically be deleted.
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services. If you provide Feedback, you hereby grant to ABEL to use this in worldwide commercial.
We will respond to any questions regarding the Services and these Terms via www.abel.fit We generally respond support requests within 7-10 days after the request is placed.
Insofar as you are provided with guides or instructions in connection with ABEL it is imperative that you follow them. Otherwise you risk being injured and your general health. Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly. You need to observe and respect our health safety notices in clause 2.0.
We process your personal data in accordance with our privacy policy; you can always retrieve the current version of these at www.abel.fit. In particular these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.
We take the collection, use, and security of the Personal Data that our athletes provide to us very seriously. By using the Services you consent to the collection, use, and sharing of such Personal Data.
We hope you enjoy using our Services and encourage you to share your enthusiasm for them with your friends. If you elect to use the features in our Services to tell a friend about the Services, we will ask you to provide your friend’s email address or social media profile, which we may then use to contact your friend about the Services. We may store the information you provide for a period of time, but we will not post this information publicly. You represent that you are authorized to provide any third-party contact information that you provide to us for referrals.
We do not make any representations or guarantees that the use of ABEL will bring the training-, health- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of ABEL.
After signing up for an account, you may receive periodic email communications regarding the operations of our Services. You may also receive periodic promotions and other offers or materials that we believe might be of interest to you. You can cancel of receiving these promotional messages at any time.
For purposes of these Terms, the term “Content” means any creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, text, ideas, communications, replies, “likes,” comments, information, data, software, scripts, executable files, graphics, maps, routes, geo-data, workouts and workout data, training plans, sleep activity, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; the term “User-Generated Content” means any Content that an athlete(you) submits, transfers, or otherwise provides to or through the use of the Services. Content includes, without limitation, all User-Generated Content.
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to ABEL and or the their partners. Each athlete retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that they create, and ABEL and/or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all content. You agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant ABEL a license for all User-Generated Content you submit in connection with the Services.
It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying ABEL of any unauthorized use of your account, or breach of your account information or password. ABEL will not be liable for any loss that You may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, You shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.
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