1. Introduction

 

INSCYD operates an interactive platform with the aim to calculate the human muscular energy metabolism as a function of work intensity (velocity, power, and similar values) for steady state and dynamic conditions for the testing, training and competition in the field of high-performance sport and other activities.

 

2. Application of the provisions of use

 

2.1 INSCYD offers access to the interactive software of INSCYD (Platform) installed in the cloud, as well as related other offers (see below, point 3), to its customers (Users) via the website www.app.INSCYD.com for use in accordance with the present utilization.

 

2.2 By registering, the User explicitly accepts the present terms of use. Registration on, access to the software and use of the software and the related offers on the Platform are not possible without explicit consent to these Contractual Terms and are not per- missible.

 

2.3 These Contractual Terms apply to all access points, including (sub) domains or mobile

applications.

 

3. Subject of the contract

 

INSCYD currently offers its Users the following products and services on the Platform:

 

3.1 Terms of use

 

3.1.1 INSCYD allows its registered Users to use the Platform to upload, evaluate and store the results of the evaluation on the cloud servers of INSCYD or on the local device of the user as well as on a separate data storage media.

 

3.1.2 The use of the Platform does not include the right to use the software in any way differ- ent than as permitted herein, to download it in its entirety or in parts or to access the data of other Users stored on the platform.

 

3.1.3 The User does not acquire any right in title of the software or its source code; thus the

User may not claim access to the source codes or parts of it.

 

3.1.4 The User is not entitled to alter any graphic figures or contents which are accessible on the platform; e.g. the User may not erase, alter or manipulate any watermarking or oth- er marks which are part of or attached to such graphic figures or contents.

 

3.1.5 The User is aware and consents that the software is subject to rolling upgrades and

alterations; this may result in different function or graphical appearance.

 

3.1.6 Commercial restrictions: The User is not entitled to use the platform for any data mining, replication or commercialization without the written approval from INSCYD. INSCYD reserves the right to terminate any User who is found to be in breach of the Terms of use, and collect any unpaid dues for the remaining subscription. 

3.2 No Reverse Engineering

 

The User is not entitled to perform any form of reverse engineering or to extract any

data from the platform.

 

4. Usage of the Service

 

4.1 Registration with the Platform (see point 5) and the conclusion of a subscription (see

point 6) are prerequisites for the use of the offer by the User.

 

4.2 Access to the Platform and set up the online access is as follows:

 

1. INSCYD sets up the user account by creating the organization (company, club, fed-

eration, etc.).

 

1. The customer receives the login data to log in on the INSCYD platform as the ad-

ministrator of his organization

 

1. The organization admin is thereby able to create further user accounts within his

organization using a hierarchical structure of organization.

 

4.3 Use of the Platform via online access:

 

4.3.1 Login to homepage with username and password;

 

4.3.2 Upload or manual input of measured data, or view & analyze already existing data;

 

4.3.3 Using the INSCYD Software

 

1. Select one or more athletes

 

1. Selection of origin data (athlete / load data)

 

1. Input parameters for calculations (reference numbers / constants of the model, load

patterns, times series of data, etc.)

 

1. One or more calculations

 

1. Receiving the results

 

4.3.4 Analysis of the data entered by the calculation engine

 

4.3.5 Visualization / display of the results

 

4.3.6 Where applicable: download of the results

5. Registration

 

5.1 In order to be able to use the services offered by the INSCYD.com Platform, registra-

tion is necessary.

 

5.2 If registration is not completed, e.g., personal data or the consent to these terms of use is missing; INSCYD reserves the right to delete the (partial) user account within seven days.

 

5.3 INSCYD reserves the right to refuse users without giving reasons. In this case, the

transmitted data are immediately deleted.

 

6. Subscription

 

6.1 Types of subscriptions

 

6.1.1 In order to be able to use the app.INSCYD.com Platform, the User has to pay the agreed price, plus any additional fees that may be due in connection with the use of any offer by INSCYD, by means of a credit card or any other payment method accept- ed by INSCYD. The amount to be paid depends on the offer and the duration selected (Subscriptions).

 

6.1.2 INSCYD offers Users different possibilites:

 

1. Pay per active items, such as active athletes, active users. The status “active” is de-

fined in the individual contract with the users.

 

1. Flat rate with monthly, quarterly or annual billing on the number of analyses, num-

ber of athletes and number of Users.

 

1. Pre pay packages for a defined number of evaluations

 

1. Monthly, quarterly or yearly rates for a certain amount of evalulations

 

1. Individual contracts with customized fees and usage options

 

1. Active Athlete subscriptions allow for unlimited tests within reasonable limits. Testing is throttled at 6 tests per athlete per month and is considered a reasonable limit.

 

6.2 Prices and Payments

 

6.2.1 The applicable prices are available at app.inscyd.com INSCYD can change the prices at any time, with effect at the next end of each subscription period. Price changes are published on app.inscyd.com and any change will be notified via email to the user.

 

6.2.2 Payment terms: INSCYD will invoice monthly, quarterly or annually – as ruled in the individual contract; payment shall be due when the invoice is issued. Other rules may apply in case the parties agreed upon a flate rate or another special arrangement. In case a user who fails to make an outstanding payment within 60 days after the date of payment was due, the user is obliged to pay all remaining fees of the whole subscrip-

tion period in one sum in one payment, 5 days within notification by INSCYD. Dunning charge for overdue payments is 5% of the outstanding amount, or a minimum of $10. Payments overdue more than 30 days will additionally trigger a 5% default interest.

 

6.3 Duration

 

6.3.1 If not otherwise agreed subscription plans automatically renew on a yearly basis with a 62 days cancellation notice period. Unused items (tests, active athletes, or similar for- feit at the end of a subscription period and can not be rolled over to the next period.

 

6.3.2 Automatic renewal: As soon as the subscription period reaches its end, the User’s sub- scription will automatically extend, unless he or she has terminated his or her subscrip- tion at the latest 62 days (if not agreed otherwise) before the last day of the original subscription period, subject to the notice period.

 

6.3.3 The subscription terms can be viewed at app.inscyd.com. INSCYD may change them

at any time.

 

6.3.4 Termination by the User: The User is not entitled to terminate his subscription other-

wise them by notice according to subparagraph 6.3.2 supra.

 

6.3.5 Termination by INSCYD: INSCYD may terminate the subscription of a User at any time with or without notice of 10 days. Already paid fees of INSCYD will only be refunded if the termination is not given due to a good reason set by the User or with the above no- tice period, and if the amount to be refunded exceeds CHF 50 in individual cases.

 

6.3.6 Automatic renewal of subscriptions: For example a contract with a specified period of 36 months starting on 1st January 2020 will renew in perpetuity every 36 months unless notice of termination is made according to subparagraph 6.3.4. In this example, the latest cancellation date would be 31st October 2023 and if not terminated, would renew on 1st January 2024 for another 36 months. 

 

7. Termination of use of the Platform

 

7.1 Through INSCYD (Exclusion)

 

INSCYD has the right to exclude individual Users or Users of a particular category from the use of the Platform with or without a good reason by deactivating their user ac- counts. In such a case, an excluded User has no claim for compensation except pur- suant to Sec. 6.3.5.

 

7.2 By the User

 

The User is entitled to terminate the use of the Platform at any time by deactivating his User account. However, the termination of the use will not alter the term of the sub- scription.

 

7.3 When deactivating the User account

 

7.3.1 All personal data which the User has entered during the registration process are deac-

tivated.

7.3.2 All personal data shall be permanently deleted upon the request of the User. Such re-

quest shall be submitted by e-mail using the e-mail address defined when registered.

 

8. Content

 

8.1 INSCYD is entitled to store and process content, provided this is necessary and useful for the provision of its services. It must comply with the provisions of data protection (see section 9).

 

8.2 INSCYD is entitled to pass on content to third parties as far as this is required by law or

is necessary and legally permissible in the reasonable discretion of INSCYD in order.

 

8.2.1 to comply with legal provisions or judicial or administrative orders;

 

8.2.2 to ensure the observance of these provisions;

 

8.2.3 to respond to the assertion of an infringement by a third party; or

 

8.2.4 to preserve the rights, property or personal safety of INSCYD, its Users or the public.

 

8.3 The User is responsible for the way he or she has obtained the information entered via the Platform. He or she shall, in particular, be responsible for the way the data were ob- tained and the conditions under which they are obtained, as well as for the relationship between the User and the individual athlete whose information is entered and pro- cessed.

 

8.4 The User grants INSCYD an irrevocable, free of charge, non-exclusive and unrestricted right of use to all data generated, transmitted, or stored by him or her. INSCYD is there- fore entitled to use all content, independently of the type of use within the scope of the offer of INSCYD, as well as for the evaluation within the framework of statistical sur- veys (without the possibility of concluding on the identity of the User or the respective athlete). This also includes the right to change and edit data, insofar as this does not affect the legitimate interests of the User. In this context, the User waives the assertion of copyright rights and data protection rights.

 

8.5 INSCYD reserves the right to delete User-entered information and User-generated re- sults. In this case, the User is informed about this in advance; such information shall not be necessary in case the User Account is deactivated.

 

8.6 INSCYD assumes no responsibility for the results created for the User, the validity and correctness of the results the user created and assumes no supervisory function re- garding such results.

8.7 What The User is aware and consents that the use of the platform may cause the system to

produce data storage or copies on the User’s hardware.

 

9. Privacy Policy

 

9.1 What The collection, administration and use of personal data by INSCYD are done in ac-

cordance with the applicable data protection law.

 

9.2 INSCYD collects data that can be traced back to the person to whom such data relate

when registering a User on the Platform. The individualized information includes

 

1. First and last name of Users and athletes;

 

1. Residential address or other postal address, including the street and place name of

the Users and sportsmen;

 

1. Telephone numbers of Users and athletes;

 

1. E-mail addresses of Users and athletes;

 

1. Website URLs, Facebook, Twitter and Instagram names of User and athletes

 

1. Personal data of the Users and athletes such as body composition data, blood data, spirometry data, performance data, load data, velocity data, GPS data, time series of heart rate, power, speed, cadence.

 

9.3. Information which cannot be directly related to the identity of the User, in particular anonymised data, which do not allow to trace the User, are not personal data. Howev- er, INSCYD is entitled to cite for marketing purposes the name and logo of organisa- tions (e.g. sport clubs) to which it rendered its services.

 

9.4 The protection of privacy and personal data is of utmost importance for INSCYD. IN- SCYD gives the highest attention to this aspect of the implementation of this service. In order to protect the User’s data against accidental or deliberate manipulation, loss, de- struction or access by unauthorized persons, INSCYD uses technical and organiza- tional security measures.

 

9.5 The User is entitled, on request and free of charge, to receive information about the

data he has stored.

 

9.6 INSCYD uses “cookies” to help determine the frequency of use of the offer. The use of

INSCYD is also possible without cookies.

10. Warranty

 

10.1 INSCYD does not warrant that the Platform is available continuously, completely and error-free, or that the required software and hardware work without malfunctions and errors.

 

10.2 INSCYD does not guarantee that access to the cloud on which the Platform is installed

is possible without interruption.

 

10.3 INSCYD does not warrant that the data transport by third party systems, in particular over the Internet or telecommunication networks, will not be tracked, recorded or cor- rupted by third parties.

 

11. Disclaimer of liability

 

11.1 Disclaimer for data collection

 

11.1.1 INSCYD shall not be liable for:

 

1. The means used by the User in data collection

 

1. Physical interventions and activities during data collection;

 

1. Uploading and downloading own and third-party content by the User.

 

11.1.2 The use of any software or hardware of INSCYD does not replace the consultation of a specialized physician by the User or the athlete.

 

11.1.3 INSCYD shall be liable within the framework of the existing statutory provisions, irre- spective of the legal basis (pre-contractual, contractual, external) only if a damage caused by INSCYD was caused by gross negligence or wilful intent. In the case of slight negligence, INSCYD is not liable towards companies and consumers as regards injury to life, body, health. A liability of INSCYD against companies for consequential damages, pure property damages, lost profit as well as damages from claims of third parties is excluded.

 

11.1.4 Except as required by applicable law, INSCYD shall not be liable for damages resulting from the use of content made available through the Online Offer or other forms of use of the Online Offer. This also applies to damages caused by errors, problems, viruses or data loss.

 

11.1.5 INSCYD assumes no liability whatsoever for the downloaded material or the material that the User has received as a result of the use of the service on the Platform. The User is solely responsible for any damage that may be caused by his computer system or the loss of data due to downloading any performance related material from the app.INSCYD.com Platform.

11.2 Excluded Warranty

 

Any exclusion of Warranty according these Contractual Terms results in disclaimer of

liability.

 

11.3 Other Disclaimer of liability

 

INSCYD assumes no liability whatsoever for any advice, suggestions, proposal as to training, behaviour, medical or other intervention and the like, which may be explicitly or implicitly provided by using the Platform.

 

12. Modification of the Usage Regulations

 

12.1 INSCYD reserves the right to change these Contractual Terms at any time at its free volition. It will do so in particular in order to comply with amended legal requirements, to improve the offer economically or to better serve the User interests. The versions of the Contractual Terms applicable at any given time can be accessed on www.INSCYD.com/user-area

 

12.2 Amendments to these Contractual Terms do not require the consent of the User, with the exception of the subject matter of the contract. To the extent that INSCYD wishes to make a change to the terms of use, INSCYD will notify the User as soon as possible. Such notification will be either (i) by e-mail to the address of the User provided upon registration, or (ii) on the relevant pages of the Platform, or (iii) on any device the User uses to access the offer of INSCYD. INSCYD may call the User to accept new or changed Contractual Terms by ticking the “Yes”, “I Accept”, or similar consent option. Any changes to the Contractual Terms will in any event come into effect within thirty days from publication.

 

12.3 If the User does not agree to the changed Contractual Terms, he cannot continue using

the offer of INSCYD.

 

12.4 If the User continues to use the offer on the Platform after a change in the Contractual Terms or after the notification of any change, or after the end of the thirty days, he or she is deemed to have consent to the amended Contractual Terms.

 

12.5 Oral changes to or new Contractual Terms do not exist.

13. Final provisions

 

13.1 Should individual provisions of these Contractual Terms be or become invalid, the re-

maining Contractual Terms shall remain unaffected.

 

13.2 This Agreement shall be governed by and construed in accordance with the Swiss sub-

stantive law. The rules on conflicts of laws shall not apply.

 

13.3 The courts of Zürich / Switzerland (Zürich 1) will have exclusive jurisdiction to adjudi-

cate any dispute arising under or in connection with this Agreement.