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Terms of use

Last Update: 10.11..2020 /V1.0

1. Introduction and Acceptance

Welcome to www.uplyfe.io or to the Uplyfe App, owned and operated by Lucullinary AG, a company formed under the laws of Switzerland with domicile in Zurich, Switzerland (collectively “Uplyfe” or “we”).

These Terms of Use (“Terms”) govern your use of the website located at www.uplyfe.io and all associated sites, mobile applications or services linked thereto or otherwise provided by Uplyfe (collectively, the “Site”). Please read these Terms carefully before using the Site and the Product. The Privacy Policy (www.uplyfe.io/privacy) is incorporated by reference into these Terms, and these Terms and the Privacy Policy together are hereinafter referred to as this “Agreement.”

YOUR USE OF THE SITE AND THE PRODUCTS CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THE AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

2. Modification of Terms

Uplyfe reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms, at any time. The most current version will be posted on the Site. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

3. Use / Services

The Uplyfe App aims to provide information and coaching to enable a healthy lifestyle based on scientific evidence. Depending on the specific offer that you use via the Uplyfe App, various personal data will be collected from you, which are required for the use of the offer and in the context of the contract (including payment processing). In addition, we may process personal data (e.g. on your specific usage behavior) in order to get to know you better and to inform you about further offers in the future, which we can tailor more specifically to your needs based on your previous information. We may also use your personal data for statistical purposes, but we do so only on an anonymous basis, so that no conclusions can be drawn about your person. Every interaction is based on your needs, goals and given limitations. The app does not make any decisions for you, but provides a guide with lots of information and practical tips you can use to help you. All decisions you make regarding your health are your responsibility. You decide entirely on your actions and the success depends largely on your attitude and implementation. The success of a service depends on numerous other factors over which we have no influence and on which we cannot guarantee the success of the service. Please note that the Coach is not a medical professional and does not provide any medical advice, diagnosis or treatment.

4. Pricing and Payment

Prices are quoted in the currency indicated on the website and are subject to change at any time. Only the payment methods indicated on the website are accepted. You are required to provide full, current and accurate billing and payment information. In certain cases, the issuer of your credit card or your bank may charge a transaction fee or related surcharges which you are obliged to pay. We do not accept any means of payment that are not listed on our website. You are obliged to pay all taxes applicable under the law, including value added tax, consumer tax, sales tax and any other type of taxes, fees, charges or levies due on the sale of Products (hereinafter “Taxes”). You agree to pay all collection fees for the settlement of outstanding invoices, including attorneys’ fees. Discount codes cannot be cumulated. They are limited to one per customer.

5. Intellectual Property

The Site and the Products contain various intellectual property, such as content, product designs, logos, trademarks, text, editorial content, data, formatting, graphs, graphics, user interfaces, visual interfaces, photographs, artwork and computer code, HTML, “look and feel,” software layout, music, sounds, images, software, videos, designs, typefaces and other content (collectively, the “Proprietary Material”). Such Proprietary Material is owned, controlled or licensed by or to Uplyfe and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may not copy, download, use, redesign, reconfigure, retransmit or reverse engineer the Products or anything from the Site without Uplyfe’s express prior written consent.

6. License

Uplyfe hereby grants you a non-exclusive, non-transferable right to use the Site and any software-related aspects of the Products solely for your internal, non-commercial use in the country of purchase or of residence. All rights not expressly granted to you are reserved by Uplyfe. You shall not, without Uplyfe’s express written consent: (a) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Products or Site in any way; (b) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any Products, Site or Proprietary Material (as defined in these Terms) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (c) modify or make derivative works or use based upon the Site; or (d) reverse engineer or access the Device or Site. Any use of the Products or Site other than as specifically authorized herein, without the prior written permission of Uplyfe is strictly prohibited, and Uplyfe may terminate the license granted herein with immediate effect. Such unauthorized use may also violate applicable laws, including without limitation intellectual property laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

7. Your Use of the Site

Except expressly provided in these Terms, you shall not (1) violate the security of the Site or attempt to gain unauthorized access to the Site or any network connected to the Site; (2) perform any action which may damage the Site, including without limitation take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Uplyfe’s systems or networks; (3) probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (4) use or attempt to use any deep-link, scrape, robot, spider, data mine or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (5) download, store, reproduce, transmit, display, or distribute any part of the Site; or (6) misrepresent your affiliation with Uplyfe or any other person or entity. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Uplyfe, including any Uplyfe account not owned by you, to its source, or exploit the Site, Device or other Products or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. Uplyfe reserves the right to bar any such activity.

8. Data Ownership and Privacy

The Uplyfe App collects various personal data from you, which are required for the use of the offer and in the context of the contract (including payment processing). Furthermore, we may process personal data (e.g. on your specific usage behavior) in order to get to know you better and to inform you about further offers in the future, which we can tailor more specifically to your needs based on your previous information. We may also use your personal data for statistical purposes, but we do so only on an anonymous basis, so that no conclusions can be drawn about your person. In the situations mentioned above, we process the following personal data of you, for example, which you provide us with when activating your device, downloading the app and registering or in the course of using the app: Personal information, program selection, measurement data, behavioral data, etc. If we process particularly sensitive personal data, we ask you for your express consent to do so. You can find more information on this at: (www.uplyfe.io/privacy).

9. Coaches

a) Uplyfe Coaches

Own coaches who are employed and deployed by Uplyfe AG are explicitly identified as Uplyfe Coaches in the APP. The Uplyfe Coach is available to the user as a process companion and supporter for decisions and changes – the actual change work is done by the user himself and success cannot be guaranteed.

b) Independent Contractor Status of Coaches

The Coaches used by Uplyfe are at all times independent contractors. Nothing in these Terms shall be construed to imply a relationship of employer and employee, partnership, joint venture or principal-agent between the Uplyfe and the Coach. The Coach shall have no authority to act for or on behalf of, or otherwise bind Uplyfe except as expressly authorized by Uplyfe in writing. Uplyfe shall not be liable for any acts or omissions of the Coach made in connection with the provided services.

10. Third Party Content

The Site may contain website links, functionalities as well as advertisements, promotions, products or services of third parties that are not owned or controlled by Uplyfe (collectively, “Third Party Content”). Uplyfe does not control or endorse such third-party Content, and is not responsible or liable for the terms, conditions, privacy policies, actions, inactions, opinions, advice, statements, offers, warranties, representations, content or functionality of any such third party or its site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK. Uplyfe is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Site. You agree to indemnify and hold Uplyfe harmless in the event of any claim related to Third Party Content.

11. Account, Password, Security

You are solely and fully responsible for (a) maintaining the confidentiality of any user ID, password, account number or any other confidential information relating to your account; and (b) all activities that occur under your password or account, and Uplyfe disclaims any liability derived therefrom. If you suspect any unauthorized use of your password or account, you shall contact Uplyfe as soon as reasonably practicable. You represent and warrant that (1) all data provided by you for registration is accurate, non-misleading and complete; (2) any changes in the registration data will be reported to us by you within 5 days upon the occurrence of the change. Access to certain areas of the Site is restricted. Uplyfe reserves the right to restrict access to other areas of the Site, or indeed its whole Site, in its sole discretion.

12. Disclaimer of Warranty

OUR CUSTOMERS USE THIS WEBSITE AND APP AT THEIR OWN DISCRETION AND RISK. THE SERVICES PROVIDED BY UPLYFE ARE NOT A SUBSTITUTE FOR ADVICE AND CONSULTATION WITH YOUR PHYSICIAN. ANY CHANGE IN YOUR LIFESTYLE IS AT YOUR OWN RISK. IN NO EVENT SHALL UPLYFE BE RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE, HEALTH IMPAIRMENT OR INCONVENIENCE THAT MAY RESULT FROM THE USE OR MISUSE OF UPLYFE’S INFORMATION. YOU SHALL BE PERSONALLY RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM INCORRECT INFORMATION. UPLYFE SHALL BE LIABLE ONLY IN CASE OF INTENT AND GROSS NEGLIGENCE. LIABILITY FOR SLIGHT NEGLIGENCE IS EXCLUDED.

13. Representations and Warranties

You represent and warrant that:

  1. a. you have not falsely identified yourself nor provided any false information to purchase or gain access to the Products;
  2. b. your payment information is correct and complete;
  3. c. you will pay any shipping and handling charges and applicable Taxes;
  4. d. you will at all times during the term of this Agreement comply with the terms of this Agreement and any applicable domestic or international laws;
  5. e. you are not accessing and have not accessed the Products to commit illegal acts or violate any provisions of this Agreement;
  6. f. you are the authorized party and (if applicable) signatory to the payment mechanism used to open and maintain your account; and
  7. g. you are responsible for any use, activity, and charges incurred by you and any other users under your account.

You acknowledge that your breach of these representations and warranties shall entitle Uplyfe to injunctive relief (monetary damages not being sufficient remedy), as well as available monetary damages and its attorneys’ fees and costs.

14. Notice

By using the Products, you consent to receiving electronic communications from Uplyfe. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal requirements for written communication.

15. Governing Law; Venue

If you reside in the European Union, in an EFTA country or in Switzerland, this Agreement will be governed by and in accordance with the substantive laws of Switzerland with venue in the courts located in Zürich, regardless of choice of law rules.

16. Severability

Should any provision of these Terms be held invalid, void, or otherwise unenforceable, that provision shall be deleted, but all other provisions, as well as the remaining portion (if any) of the invalid, void or unenforceable provision, shall continue in full force and effect.

17. Non-Waiver

Failure or neglect by Uplyfe to enforce any of the provisions of these Terms shall not be construed or deemed a waiver of its rights nor shall this affect the validity of the whole or any part of these Terms, nor prejudice Uplyfe’s rights to take subsequent action.

18. Assignment

You may not assign this Agreement without Uplyfe’s prior written approval. Uplyfe may assign this Agreement without your consent.

19. Entire Agreement

This Agreement, which includes the Privacy Policy, constitutes the entire agreement, and supersedes all prior or contemporaneous oral or written understandings and agreements concerning the subject matter of this Agreement.

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