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Terms of Use


1 Terms of Use

1.1 Your use of the website ("Website"), the client downloaded software (“VBU”), the application VirtuGO for Iphone and Android (“App”) and services associated therewith (the "Services") is subject to these Terms of Use. By entering the Website or using the VBU, App or the Services, you agree to these Terms of Use. These Terms of Use also apply to updates, supplements, and any other services for the Website, VBU, App and/or Services carried out by or on behalf of Provider, unless otherwise agreed in writing or unless other terms accompany such items. If so, those other terms apply.

1.1.1 These Terms of Use also include all regulations, policies and guidelines referenced in this document, or as otherwise published by Service Provider on the Website, VBU, or on the App, including: our Privacy Policy ("Privacy Policy"), which can be found on or within the VBU or App. In case of discrepancies between the Privacy Policy and these Terms of Use, these Terms of Use shall prevail.

1.2 If you do not want to be bound by these Terms of Use, you must immediately leave the Website and/or delete the VBU and App and cease using the Services.

2 Service Provider

2.1 Service provider is: VirtuGO ApS VAT No. 37625728 c/o Soho, Room 223 Flæsketorvet 68. DK-1711 Copenhagen V Denmark (hereinafter referred to as ”Service Provider”)

3 Definitions

3.1 "Contributions" shall mean any material, information, reviews or other communication you publish or make available to others on VirtuGO.

3.2 “VirtuGO” shall mean the Website, VBU, the App and the Services.

4 Services

4.1 Through its Website, VBU and App, Service Provider promotes a cycling fitness lifestyle through personal computers, smartphones and tablets. Service Provider has created a platform that lets people work out (Cycle) from home or elsewhere and access training and general information on nutrition whenever and wherever you choose.

4.2 To provide VirtuGO in a customised manner and in complete safety, Service Provider must monitor physical performance and manage personal data.

4.3 The Service organised by Service Provider through its Website, the VBU and App includes: (a) archiving, organising and processing of data, including, by way of example, data such as photos, names and surnames, dates of birth, e-mail addresses, weight and height and other health-related personal data in a database which is accessible remotely through the Website, the VBU or via an App (the “Database”); (b) the organisation of personalised training sessions or sports competitions and the use of multimedia content.

5 Access

5.1 In order to access and make full use of VirtuGO,, you must create a profile and register as a user (hereinafter "Registered User").

5.2 The profile is personal and non-transferable to others. VirtuGO may not be used by you for commercial purposes. To use VirtuGO you must have access to the Internet.

5.3 Service Provider continually updates and tests various aspects of VirtuGO. By using the service you agree that Service Provider may include you in or exclude you from these tests without notice.

5.4 To become a Registered User you must enter: i) A valid email belonging to you. You represent that the email does not violate the rights (including intellectual property rights) of third parties and/or these Terms of Use. ii) A user name chosen by you. The user name can be displayed on VirtuGO when you post or create Contributions to VirtuGO. iii) A password. You must choose your password to be used with your user name when you log on to VirtuGO. Alternatively, Service Provider will send the password to you. The password is personal and may not be transferred or otherwise made available to others. If you become aware that the password is or may be compromised, you are required to change this or inform us immediately. Service Provider can and will change the password, if there is a risk that it is compromised or used in violation of these Terms of Use.

5.5 Service Provider may at its sole discretion change your user name at any time or assign your user name to any other user of VirtuGO without any notice.

5.6 You should treat your profile name, identification code, password or other information confidential and not disclose these to any third party.

5.7 You are responsible for ensuring that all persons who access VirtuGO through your account with us are made aware of - and have accepted - the contents of these Terms of Use, and that they comply with them. By giving your login information to others, you hereby warrant that such persons have the right to place orders and consent on your behalf and that you are responsible for any such orders and consent. You are responsible for ensuring that the username and password remains confidential and for any activity using your username and password. Service Provider shall not be liable if your profile is used by others. You can always change your password and preferences, and delete your profile.

5.8 It is not permitted to obtain or attempt to obtain access to parts of VirtuGO which require user registration if you are not a Registered User.

5.9 If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms of Use; and agree to be bound by these Terms of Use on behalf of such Subscribing Organization.

5.10 If you use VirtuGO while taking classes or attending a gym then you are subject to the Terms of Use of individual venues. Your participation in any such activity, class or service is subject to the terms, policies, rules and conditions of the applicable venue.

6 Use of VirtuGO

6.1 As long as you are validly registered as a Registered User and have paid any applicable fees, Service Provider gives you a limited, worldwide, non-exclusive license to use VirtuGO for your own use.

6.2 Service Provider reserves the right to discontinue VirtuGO without notice. From time to time, Service Provider may restrict access to certain parts of VirtuGO for users who are registered with us.

6.3 Subject to compliance with these Terms of Use and with any conditions for the provision of the Service, Users may download their own data from VirtuGO and/or Database strictly for their own personal use.

6.4 Notwithstanding the above, no part of the contents of the Service may be reproduced or archived at any other website or included in any other information archiving and search system or service system without prior written consent from us.

6.5 VirtuGO can display content that does not belong to us. Responsibility for such content rests solely with the person who made it available to us. Service Provider always has the right to review content to determine whether it is illegal or violates our policies, and Service Provider may remove or refuse to display content if Sevice Provider reasonably believes that the content is illegal or violates our policies. This does not necessarily mean that Service Provider reviews content displayed on VirtuGO.

6.6 When you use VirtuGO, you agree that Service Provider may send your service announcements, administrative messages and other information.

6.7 Service Provider will periodically send out newsletters to users of VirtuGO, who have created a profile and agreed to receive such news. You can unsubscribe these newsletters at any time by changing your profile or contacting us.

6.8 Some of our Services are available on mobile devices. You may not use these services in a way that distracts you and prevents you from obeying traffic or safety laws.

6.9 You must at all times comply with any technical limitations in VirtuGO, if they only allow you to use VirtuGO in certain ways.

6.10 You may not: • breach the technical limitations of VirtuGO, • improperly delete, de-compile, reverse engineer, reverse compile, modify, translate, or make any similar changes (except and only to the extent mandatory Danish law expressly allows this), • sell, rent, lease, distribute, sublicense, transfer or lend VirtuGO to third parties, • remove, copy, modify or add information of Service Provider's copyright, trademarks and/or property rights (including information on physical media), or in any way for commercial or personal purposes or in a disloyal manner link (actively or passively) to VirtuGO.

6.11 Any rights not expressly granted are reserved.

7 Amendments and Interruptions to Service

7.1 The Service will undergo continual development and the format and nature of the Service may change from time to time without prior warning. VirtuGO (or certain features) may also be suspended (permanently or temporarily) for individuals or all users without prior warning. Service Provider also reserves the right to restrict the use and archiving of material owned by you (as defined below) or of any data at our discretion and without prior warning.

7.2 Service Provider shall make reasonable efforts to ensure that the information published on VirtuGO is correct; however, Service Provider cannot provide any guarantee that this information is accurate and complete. Service Provider may change the content or the descriptions of VirtuGO and/or the features available and any other aspect of the Service at any time, including without prior warning. Service Provider shall not accept any obligations or commitments to update the content and material published on VirtuGO.

8 Regulatory Compliance

8.1 You shall, at your own expense, comply with all rules, regulations, regulatory decisions and orders of a public authority which apply to these Terms of Use.

8.2 You must immediately report any suspected or actual problems, mistakes, inappropriatenesses, misuses etc. in writing to us via the contact forms provided in VirtuGO.

8.3 You are responsible for the content of Contributions and represent and warrant that the content of the Contributions you publish on VirtuGO is correct (where specified facts) and sincere (in case of attitudes).

8.4 You must not post Contributions on VirtuGO, which have marketing characteristics, or which are misleading, offensive, harmful, violates the rights of others, including intellectual property rights, are obscene, or illegal, or otherwise violate any applicable local, national or international law contrary to these Terms of Use, have a disloyal purposes and/or content or which cause injury (including computer viruses, Trojan horses, worms or other harmful software, data or action).

8.5 If Service Provider receives notification or otherwise determines that a Contribution violates applicable laws, rights of third parties and/or these Terms of Use, Service Provider can delete such Contributions without warning and Service Provider may - depending on the seriousness of the infringement character - inform any wronged party and/or authorities hereof. Our right to delete content is not subject to any justifications, although Service Provider will endeavour to inform the Registered User of the deletion and its rationale.

8.6 Service Provider does not hold any ownership of material owned by you but, by sending or uploading material to VirtuGO or to the Database, you implicitly grant us an irrevocable, transferable, non-exclusive, royalty-free, sub-licensable licence without any territorial restrictions to use, reproduce, change, adapt, publish, translate, create derivative works, distribute, carry out or represent such material for or as part of any other tool (whether known or subsequently released onto the market). Moreover, you grant other users of VirtuGO a non-exclusive licence to access such Material through use of VirtuGO, and to use, reproduce, distribute, prepare derivative works or publish such material in accordance with these Terms of Use.

8.7 You hereby grant us the right to initiate and perform any legal actions that Service Provider considers necessary in the event that a Contribution violates applicable laws, rights of third parties and/or these Terms of Use.

8.8 You agree to indemnify us for any claims that may be asserted against us as a result of your violation of these Terms of Use or applicable law and for any claims or losses arising from third party claims against us.

8.9 Service Provider may at any time request from you information about the Contribution, including documentation of the data included in the Contribution.

9 Abuse

9.1 You will not: - introduce commercial communications (including spam) on VirtuGO, - collect users' content or information, or otherwise access VirtuGO using automation, - upload viruses or other malicious code, - ask for someone else's login information or access someone else's account, - bully, intimidate or harass other users, - publish content that is: hateful, threatening, or incites violence or contains gratuitous violence, - use VirtuGO to do anything unlawful, misleading, malicious, or discriminatory, - publish, sell, rent, lease, distribute, sublicense, transmit, print or borrow information or data published on VirtuGO, unless such data belongs to and concerns you. - facilitate or encourage the violation of these Terms of Use or our policies.

9.2 Contact us using the contact form in VirtuGO or by writing to us at if you suspect misuse of your account or bank details via VirtuGO. Service Provider does not cover losses on your account in excess of losses recoverable under mandatory applicable law.

9.3 If you experience any misuse of the VirtuGO by any third party please inform us hereof using the contact form in VirtuGO.

10 Deactivating

10.1 You may at any time and without notice delete your account using the functionality provided in VirtuGO.

10.2 If you choose to delete your account, you may at any time create a new account. Service Provider reserves the right to close your account if it has not been reactivated for a period of one year from the time it was de-activated.

10.3 If you choose to delete your account, your account will be deleted as soon as possible thereafter.

10.4 Any balance on your account with us will be non-refundable when the time for withdrawal (see below) has expired.

11 14-day withdrawal period

11.1 When you trade with Service Provider as a private client, you can cancel your purchase until 14 days after the day you make the specific purchase. However, once you have activated a license, such purchase becomes non-refundable as the purchase is considered consumed.

11.2 If you withdraw from your purchase of a license prior to activation, Service Provider will refund your balance within 14 days from the date Service Provider receives your cancellation. However, you may be charged an administrative fee and subscription for the days it has been active.

11.3 To exercise the right of withdrawal you must notify us of your decision to withdraw by an unequivocal statement, e.g. letter sent by email to specifying your name, email and the unique code to the Pass that you wish to return.

11.4 The deadline for withdrawal is met if you send your notice of withdrawal before the withdrawal period has expired.

11.5 You will bear all costs of returning and you bear the risk of the product during the actual return.

11.6 If you want a refund, the amount will generally be returned automatically to the payment card you originally used to pay the order. Alternatively, Service Provider will contact you and ask for your bank information. Service Provider will then need the following information: (i) name of the bank; (ii) IBAN / Swift; (iii) registration number (4 digits); (iv) account number (10 digits); or any other payment information required locally to process such payment.

11.7 Exception to the right of withdrawal: You cannot cancel an order which includes content if the delivery of this content is initiated by your request, and you have acknowledged that you lose your right of withdrawal through delivery.

12 Age Restriction

12.1 People under the age of 18 (“Minors”) may only use the Service under the supervision of the person holding parental authority over them (parents or guardians). Minors may only register to the Service with consent from their parent(s) or guardian(s) (“Parental Consent”). Minors may register to the Service by providing the e-mail address of one of their parents or guardians. Service Provider shall send an e-mail to this address asking the parent or guardian to authorise the Minor’s registration. Only once this consent has been granted may the Minor’s registration to the Service be completed.

12.2 You represent and warrant that you may enter into an agreement with us when you open an account with us.

13 Suggestions

13.1 VirtuGO offers a feature that lets people send suggestions and feedback on VirtuGO. When submitting any ideas, suggestions, documents and/or proposals (“Contributions”) you agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Service Provider is not subject to express or implicit obligations of confidentiality with regard to your Contributions; (c) Service Provider is authorised to use and disclose (or may choose not to use or divulge) your Contributions for any purposes, in any way and through any means anywhere in the world; (d) Service Provider may have similar material to the subject of the Contribution already in the design or development phase; (e) your Contributions automatically become our property without any obligations to the User; and (f) you are not entitled to any sort of fee, indemnity or reimbursement under any circumstances.

14 Payment

14.1 If you create an account and Service Provider requires that you pay for the use of VirtuGO, you agree to pay the appropriate fee ("Fee") for this. The fee includes all applicable taxes, unless otherwise indicated.

14.2 Service Provider reserves the right to change our policy for charging fees, to introduce additional fees (such as a sign up fee) and to change the amount of any such fees at any time.

14.3 You are also responsible for all third party charges and fees associated with connecting and using VirtuGO, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access VirtuGO. You will be required to use a specific payment method by use of credit card, debit card, PayPal or other payment methods stated by us. Service Provider can withdraw payment from your credit card, debit card, PayPal or other payment mechanisms through a third party provider, subject to that party's terms of use, which shall be accepted separately by you.

14.4 Once you have provided your credit card information to us, Service Provider will charge you for any additional purchases using the same card or other payment methods you have used

14.5 Your obligation to pay for VirtuGO will not be affected by any disruption, cessation or suspension of VirtuGO or the services

14.6 If Service Provider cancels your account as a result of violation of these Terms of Use, the fees that you have already paid for periods after the cancellation date will be forfeited and will not be refunded.

14.7 From time to time Service Provider may make available gift cards for VirtuGO, other types of promotions or promotional plans (including through the use of promotional codes or those provided as part of third-party promotions). Promotions and promotional plans may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless otherwise expressly communicated to you in connection with your redemption, promotions and promotional plans are only available to new customers that have never had a VirtuGO account before, or to selected customers (i.e. through loyalty programs), are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers. In order to be eligible for certain promotions, you must be signed up to use VirtuGO

15 Duration and Termination

15.1 Service Provider may cancel or deactivate your account or otherwise terminate or restrict your access to VirtuGO immediately and without notice, and remove and discard any Contributions or content if you commit a material breach of these Terms of Use.

15.2 Service Provider may at any time terminate your right to access and use VirtuGO for any reason and without liability. If Service Provider does so, your right to access your account immediately ceases. This can happen despite ongoing subscriptions.

15.3 These Terms of Use may, with prior written notice, be terminated by both parties in the event of a material breach by the other party, provided that in each case of an alleged violation the non-breaching party (a) notifies the other Party in writing of the breach, and (b) the defaulting party does not stop the breach within a period of thirty (30) days (or such other period as mutually agreed between the parties) of the receipt of such notice, or (c) in case of the other party's insolvency, bankruptcy or similar.

15.4 Upon termination, you shall cease all use of VirtuGO and destroy all copies, full or partial, of VirtuGO. In the event of termination you must immediately cease using VirtuGO, delete VirtuGO, and stop using the Services. On the effective date of termination of any termination all of your rights under these Terms of Use shall cease.

15.5 Upon termination, all amounts you have committed yourself to paying to us become due and payable, whether the amounts fall due before or after the date of termination. All fees are non-cancellable and non-refundable. In the event of termination of these Terms of Use, you are not entitled to any compensation from us.

16 Changes to these Terms of Use

16.1 Service Provider may amend the Terms of Use from time to time. Unless Service Provider provides a delayed effective date, all amendments will be effective upon posting of such updated Terms of Use. Your continued access to or use of VirtuGO after such posting constitutes your consent to be bound by the Terms of Use, as amended.

16.2 When using particular plans, offers, products, services or features, you will - in addition to these Terms of Use - also be subject to any additional posted guidelines or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into these Terms of Use, provided that in the event of any conflict between such additional terms and the Terms of Use, the Terms of Use shall prevail.

17 Intellectual Property Rights

17.1 Unless specified otherwise under these Terms of Use or under certain conditions of the specific Service accessed by the User, all copyrights and any other intellectual property or industrial rights or any other rights in any of the contents or aspects of VirtuGO belong to Service Provider or to our licensors. These works are protected by copyright law and by existing international treaties in Denmark and around the world. All rights of these works are expressly reserved.

17.2 VirtuGO is licensed, not sold. This means that these Terms of Use do not give you any ownership of VirtuGO.

18 No warranty

18.1 You expressly acknowledge and agree that any use of VirtuGO is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort lies with you. To the maximum extent permitted by applicable law, VirtuGO and any Services performed or provided by VirtuGO are provided "as is" and “as available”, with all faults and without warranty of any kind, and Service Provider hereby disclaims all warranties and conditions with respect to VirtuGO and any services, either express, implied or statutory. No oral or written information or advice given by us or our authorized representative shall constitute a warranty.

18.2 Service Provider does not warrant that VirtuGO will: achieve specific results; operate without interruption; display correct information about the User’s location and/or organization (since some information is received from third parties); be error-free; be absolutely impenetrable for hackers willfully trying to gain access to your computer system; or fit a particular purpose.

18.3 Users shall be provided with information processed by Service Provider with the sole purpose of providing a purely general guideline for your convenience. You therefore recognise and accept that any automatic processing performed by the system does not provide medical diagnoses or judgements and that you may not rely on this information, partly because Service Provider does not issue any guarantee or declaration of its reliability, nor does Service Provider intend to provide services that are by law reserved for healthcare professions.

18.4 VirtuGO also provides you with a diary feature that lets you organise and make notes on your own daily activities. You should be aware that by entering information into this section of the Database, Service Provider has free access to this information. You therefore waive any right to confidentiality over the information entered and when making notes on these activities you shall comply with all the provisions of these Terms of Use. This does not affect any legally binding limitations and provisions, including personal data processing legislation.

19 Waiver and Release

19.1 You understand that there are certain inherent risks and dangers in exercising and that Services you may use offer a range of activity and intensity level. You acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to participating and to determine if and how the use of VirtuGO is appropriate for you. You also understand and agree that VirtuGO offers health, nutrition and fitness information that is designed for informational, educational and entertainment purposes only. The use of any of the information provided on VirtuGO is solely at your own risk.

19.2 To the fullest extent permitted by law, you release us, indemnify us, and hold us, our parent company, subsidiaries or affiliated entities, and each of our respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of VirtuGO, including with respect to bodily injury, physical harm, illness, death or property damage.

20 Indemnification

20.1 You agree to indemnify and hold us, our affiliated companies, and our suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of VirtuGO, violation of these Terms of Use, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms of Use.

21 Access to VirtuGO

21.1 Service Provider shall make all reasonable efforts (according to the market standards applied for similar services) to ensure that VirtuGO is always accessible. However, Service Provider shall not be held liable if, for any reason, VirtuGO is temporarily or permanently unavailable. In any event, any service levels that may be agreed upon from time to time based on the specific Service agreement shall continue to apply.

22 Suspension/Interruption

22.1 Access to VirtuGO may be temporarily suspended, including without prior warning if any system errors are detected, urgent assistance or maintenance work is required or for any other reasons beyond our reasonable control. Service Provider also reserves the right to interrupt access to VirtuGO at any time, including without prior warning if these Terms of Use and/or the conditions for the provision of VirtuGO are breached. Nevertheless, Service Provider shall be released from all liability for any damage or loss, including loss of data, resulting from this suspension or interruption of VirtuGO.

23 Support

23.1 If you experience any issues or errors when using VirtuGO, please report such issues and errors using the contact form in VirtuGO or sending an email to Service Provider does not guarantee that an issue or an error will be corrected within a specific period of time. Service Provider does not provide any other support services, unless otherwise agreed.

24 Third Party Services; Third Party Materials

24.1 VirtuGO may enable access to our and third party services and web sites (collectively and individually "Third Party Services"). Use of VirtuGO may require your acceptance of additional Terms of Use of these Third Party Services.

24.2 Links in VirtuGO to Third-Party Services are only offered to help users at VirtuGO. By using these links, you leave VirtuGO. Service Provider has not checked the Third-Party Services which are linked to VirtuGO and has no control over or responsibility for how they are run, including their content or availability of use. Service Provider therefore does not make any guarantees or declarations regarding these Third-Party Services or the material which can be found there or for any issue resulting from their use. As soon as visitors to the Third-Party Services decide to access these links, they do so at their own responsibility and risk.

24.3 VirtuGO may display, include or make available content, data, information, Apps or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using VirtuGO, you acknowledge and agree that Service Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Service Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

24.4 Service Provider makes no representation that VirtuGO is appropriate or available for use in any particular location. To the extent you choose to access VirtuGO, you do so at your own initiative. Service Provider and our licensors reserve the right to change, suspend, remove, or disable access to VirtuGO or part hereof at any time without notice. In no event will Service Provider be liable for the removal of or disabling of access to VirtuGO. Service Provider may also impose limits on the use of or access to VirtuGO, in any case and without notice or liability.

25 Limitation of Liability

25.1 To the extent not prohibited by law, Service Provider shall in no event be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss or reconstruction of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Service Provider has been advised of the possibility of such damages.

25.2 In no event shall our total liability to you for all damages (other than as may be required by mandatory applicable law in cases involving personal injury) exceed the amount of five hundred Danish Kroner (DKK 1.000). 25.3 The foregoing limitations will apply even if the above stated remedy fails its essential purpose.

26 Ownership

26.1 Title to, ownership of, and all rights relating to the intellectual property in VirtuGO, any derivative works thereof, and any goodwill accruing from the use of VirtuGO, belong exclusively to and shall remain with Service Provider and/or its licensors.

26.2 If you help us with feedback, ideas or suggestions to Service Provider ("Feedback"), Service Provider can freely and without limitation use such Feedback.

27 Consumer Complaints

27.1 If you experience errors or defects in VirtuGO, please feel free to contact us at or by using the contact forms in VirtuGO.

27.2 If it is not possible to find a solution, Service Provider is under the Consumer Complaints Act from 1 October 2015, subject to the following alternative dispute settlement body: Center for Complaint Resolution Competition and Consumer Authority Carl Jacobsen Vej 35 2500 Valby

27.3 Consumer complaints can be provided to the Center for Complaint Resolution through the Competition and Consumer Authority's website on

28 Refund Policy

28.1 Purchases of Tokens are not refundable and cannot be exchanged back into a currency, as well as products/services purchased with Tokens, are not refundable after purchase. The Customer cannot cancel the purchase of Tokens or products/services purchased with Tokens, in the Software Client.

29 Miscellaneous

29.1 Order of Precedence. These Terms of Use for using VirtuGO govern your use of VirtuGO and supersede all prior agreements.

29.2 Force majeure. Notwithstanding any contrary provision of these Terms of Use, neither Party will be liable for any action taken, or any failure to take any action required to be taken, in the event and to the extent that the taking of such action or such failure arises out of causes beyond a Party’s control, including, without limitation, war, civil commotion, actsof God, strike or other stoppage (whether partial or total) of labour, any law, decree, regulation or order of any government or governmental body (including any court or tribunal).

29.3 Your personal data. You agree that Service Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and used App, and peripherals that are gathered periodically to facilitate the provision of VirtuGO, updates, support and other services to you (if any) related to VirtuGO. Service Provider may use this information as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. If you transfer any personal data to us, then you represent that (i) you are duly authorized to provide personal data to us and do so lawfully in compliance with relevant legislation, (ii) Service Provider can process such data for the purposes of performing our obligations and (iii) Service Provider may disclose such data to any cooperating partner for this purpose and may transfer such data to countries outside of the country of origin.

29.4 Applicable law and choice of venue. These Terms of Use are governed by Danish law, except for Danish international private law. Any dispute arising out of these Terms of Use, including their validity, shall be settled by the Court of Copenhagen. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.

Privacy Policy

VirtuGO ApS
Date: 25 May 2018

You consent that VirtuGO may contact you by electronic means for sending you marketing material and processing your personal information in this regard. We use this data to provide, maintain, and improve our services, among other things to track your workouts, show you information about how to improve, and other general coaching advice. Examples of these include things like training and workout reports, coaching advice on areas like nutrition, and tips and tricks on how to improve your fitness. The processing of your personal information is in accordance with VirtuGO´ Privacy Policy. You may at any time revoke any consent you have given to VirtuGO. If you wish to revoke your consent, you can do so by contacting VirtuGO by mail [] It is optional if you wish to provide your consent to the above-mentioned purposes. Without your express consent, we cannot send newsletters or other marketing material to you. You must be aware that VirtuGO can process your personal information for other legal purposes than checked above. You can read more about this and how we treat your personal information in our privacy policy below.

PRIVACY POLICY VirtuGO ApS Date: 25 May 2018

1 Acceptance

1.1 By creating a user profile or using the website ("Website"), the client downloaded software (“VBU”), the application VirtuGO for Iphone and Android (“App”) and services associated therewith (the "Services") (Website, VBU, App and Services all referred to as “VirtuGO” in the following) you agree to this policy for the processing of your Personal Data on VirtuGO ("Privacy Policy").

1.2 The Service organised by Service Provider through its Website, VBU and App includes: (a) archiving, organising and processing of data, including, by way of example, data such as photos, names and surnames, dates of birth, e-mail addresses, weight and height and other health related personal data in a database accessible remotely through the Website, VBU or via an App (the “Database”); (b) the organisation of personalised training sessions or sports competitions and the use of multimedia content.

1.3 If you do not accept the content of this Privacy Policy, you should immediately leave VirtuGO and stop using VirtuGO.

2 Service Provider

2.1 Service provider is:

VirtuGO ApS VAT No. 37625728 c/o Soho, Room 223 Flæsketorvet 68. DK-1711 Copenhagen V Denmark (hereinafter referred to as ”Service Provider“ or “us”)

3 Collected Personal data

3.1 Service Provider collects Personal Data from you when you activate VirtuGO, and when you use VirtuGO.

3.2 Service Provider collects Personal Data, including name and email address, from you when you register for VirtuGO.

3.3 To participate in certain activities and to obtain certain services or documents offered on VirtuGO, you may be asked to provide additional Personal Data such as phone number, credit card information and health-related information.

3.4 Service Provider endeavours to limit our requests for Personal Data to information Service Provider believes is reasonably necessary to achieve our purposes as described in the “Purpose” section below.

3.5 The provision of the Service requires the acquisition and processing of Personal Data, including sensitive data (for example weight, height, etc.). This information may: • be entered by you into the Database or communicated to us verbally, in writing or in any other form; • be acquired through a mobile connection from smartphones, tablets or similar electronic devices connected to the Internet via a mobile connection through special applications; • be collected, including sensitive data, if you decide to connect your Service Provider account to one of your accounts at third-party services (for example Strava/Garmin/TrainingPeaks, Apple etc.); indeed, if you wish to import data collected from these devices into your account, this data shall be communicated by these data controllers to us, at your request, when you click on the “Connect” button corresponding to the account/device you wish to connect by independently managing these choices under your Account Settings in the “Linked accounts” or through an automated transfer of Personal Data requested by you from such third party service provider to us.

3.6 During their ordinary course of operation, the IT systems and software procedures required to run VirtuGO shall acquire certain Personal Data, the transmission of which is implicit in the use of Internet communication protocols. This information is not collected to be associated with identified data subjects. However, by its very nature, it might allow identification of users through the processing and matching of data held by third parties. This category of Personal Data includes the computer IP addresses and domain names of the computers used by users who connect to the site, as well as the URI addresses (Uniform Resource Identifier) of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file received in reply, the numerical code indicating the status of the reply from the server (successful, error, etc.) and other parameters relating to the user’s operating system and IT system.

3.7 Any Personal Data VirtuGO collects from you is collected, used, processed and stored only in accordance with the applicable EU requirements and regulations on Personal Data.

4 Purpose

4.1 VirtuGO uses Personal Data for several general purposes: • to provide the Services to you • to provide you with VirtuGO service information, and news, • to support VirtuGO and services offered on or through VirtuGO, • to contact you for feedback about our services, • to conduct research about VirtuGO’s customer base or services, • to fulfil your reservation and purchase requests, • to process your payments including credit checks and collection, • to notify you of technical updates or changes in policy, or • to contact you for our own marketing and promotional purposes, or • to process contests, sweepstakes, or other promotions and fulfil any related awards or discounts, • to create general training programs for all users in an anonymized form. • to create specific training programs for you at your request.

4.2 Service Provider may use anonymized information such as demographic data to analyse and develop our marketing strategy and further improve VirtuGO and our services.

5 Marketing Purposes 5.1 Personal data is collected and processed for marketing purposes, including targeting our communication with you based on your interest and focus area, providing you relevant marketing materials and managing this relationship. 5.2 We collect Personal Data in this regards from the following sources: Directly from you, Personal Data collected through your use of VirtuGO and from publicly available online sources, such as third-party websites and social networks and from public available registries. VirtuGO uses cookies to collect some of this information from you. 5.3 We process personal data, as described for marketing purposes, based on the following legal basis: 5.3.1 Legitimate interest. Service Provider has a business interest in processing certain business-related personal data in order to strengthen and research its market position, market its products and services and make informed decisions on target groups of its marketing efforts. You may refuse this processing for marketing purposes by sending an email hereon to the following email address: 5.3.2 Consent. In order to provide you with direct marketing through electronic means and collection of data from cookies. A consent is voluntary. You can withdraw your consent at any time (by sending an e-mail to: or by using the contact forms available in VirtuGO. 5.4 Service Provider reserves the right to use profiling processing that is not required to provide VirtuGO – for example, for promotional purposes – subject to your prior consent. 6 Browsing 6.1 Your browsing data may be used to investigate any liability in the event of any potential computer crimes against VirtuGO. 6.2 Service Provider may potentially collect information on your PC, tablet or smartphone, including – where applicable – your IP address, operating system and type of browser used in order to collect useful information for system administration or to show aggregate data to anyone running promotional activities through the Service. 6.3 Data extracted from the use of a browser shall be managed as statistical, anonymous data and does not identify any data subjects. 7 Geopositioning 7.1 VirtuGO can access location data from the device where it is installed (e.g. smartphone or tablet) or from connected devices, provided that you authorise this processing by ticking the relative option on your device. 8 Storage location of your Personal Data, password security and transmission of data online 8.1 Your Personal Data is stored on servers located in the European Union. 8.2 Service Provider will take every reasonable precaution and measure to ensure secure processing according to the terms laid down by applicable legislation. 8.3 If a password has been allocated for access to certain features of the Service, please keep it secret and do not share it with anyone. Indeed, passwords are an essential tool for maintaining appropriate security conditions for the processing of your Personal Data. 8.4 Transmission of data online presents certain risks and even though Service Provider puts in place suitable security levels, Service Provider is not able to guarantee that the transmission of data is completely secure. 8.5 Any online data transfer is carried out at your own risk. As soon as Service Provider receives your data in our Database, Service Provider shall apply all measures and procedures put in place to avoid unauthorised access or any damage, on a reasonable basis. 8.6 Your data may be communicated to people, companies or professional firms that provide accounting, administrative, legal, taxation, financial or credit collection assistance for the provision of their own Services. Your Personal Data may also be communicated to subjects, bodies or authorities when compulsory for legal reasons or when ordered by the authorities. 9 Disclosure to Third Parties 9.1 Service Provider may disclose your Personal Data to other companies or people under any of the following circumstances: • to any applicable venue, studio, instructor, or other service provider for each class or activity that you sign up for on VirtuGO, so it can contact you regarding the activity you reserved and send you other communication that may be of interest such as special offers (you may opt-out of marketing communications directly with the applicable venue). • if sharing the information is reasonably necessary to provide or otherwise make available VirtuGO and any feature of VirtuGO or a service that you have requested. • to keep you up to date on the latest product announcements, software updates, special offers, or other information Service Provider assumes you would like to hear about either from us or from our business partners (unless you have opted out of these types of communications). (Note that you will not be able to opt out of service announcements that contain important information relevant to your use of VirtuGO and are not promotional in nature.) • if Service Provider believes in good faith that Service Provider is required to do so by law, in connection with litigation, to prevent a crime, or to protect personal property, the public, or VirtuGO. • in connection with a sale or merger with another entity, consolidation, restructuring, sale of company assets, financing or other corporate change, including during the course of any due diligence process or if VirtuGO should ever file for bankruptcy or related proceedings. • to your employer (or similar entity), if you participate in any enterprise solutions or corporate programs. • when Service Provider otherwise has your consent to share the information. 9.2 VirtuGO may also share non-Personal Data with third parties (e.g. aggregate or demographic data). 10 Minors 10.1 People under the age of 18 (“Minors”) may only use VirtuGO under the supervision and with the consent of the person holding parental authority over them (parents or guardians). Minors may only register on VirtuGO with consent from their parent(s) or guardian(s) (“Parental Consent”). 10.2 Only when this consent has been granted shall it be possible to collect the Personal Data of the Minor who has requested registration to use VirtuGO. 10.3 If Service Provider discovers that any data collected in the Database relates to a Minor that was collected without a valid parental consent, Service Provider will delete such data at the earliest opportunity possible. 11 Secure Information 11.1 It is important for us that your Personal Data is kept secure. Service Provider has strict security procedures for the collection, storage and transfer of Personal Data to prevent unauthorized access and to comply with applicable law. Our security is checked regularly. The information and data you provide is stored on our own or one of our business partners' secure servers within the EU. VirtuGO encrypts the Personal Data you input in VirtuGO before sending such Personal Data to us. 11.2 Service Provider has taken necessary technical and organizational security measures to protect your Personal Identifiable Information against accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of applicable law. 11.3 Service Provider stores and processes your Personal Identifiable Information on IT systems with controlled and limited access. The systems are located on servers in secured premises. 11.4 Service Provider uses industry standards such as firewalls and authentication protection to safeguard your Personal Identifiable Information. 11.5 If you send Personal Identifiable Information by email to us, you should be aware that this is not secure if your email is not encrypted. 12 Consent 12.1 By using the Services provided by us, you consent to and grant us and our affiliated companies an unlimited, free of charge and transferable right to use content, including any Personal Data, including health related Personal Data, as well as any other intellectual property submitted to us by you for the purposes of operating VirtuGO. You may at any time revoke this license by deactivating your use of VirtuGO provided by us. Service Provider does not collect any Personal Data prior to obtaining your consent, which is granted at the installation of VirtuGO. You may at any time withdraw your consent for our collection, use, processing etc. of your Personal Data. 13 Anonymized Data 13.1 Service Provider may process anonymized information to further improve VirtuGO and the Services. Service Provider may also transfer anonymized data to a third party for use for Artificial Intelligence (AI). 14 Correctness of data 14.1 The processing of your Personal Data will be organized so the information can be updated when needed. Information that proves inaccurate or misleading will be promptly rectified or erased. You are responsible for providing us with information to help ensuring the correctness of your Personal Data. 15 Right of Access 15.1 Upon your written request, Service Provider will provide you with information on whether or not Service Provider processes Personal Data concerning you. Service Provider will also provide you with information on 1) what information is processed, 2) the purposes, 3) the categories of recipients of the Personal Data and 4) available information about the source of the Personal Data. 15.2 Service Provider will provide such information to you within 4 weeks from the date of receipt of your request. If Service Provider cannot provide such information to you within the stated 4 weeks after the date of receipt of your request, Service Provider will provide you with information of the reason for this and the time when the information is likely to be available. 16 Retention 16.1 Service Provider will retain your Personal Data for as long as Service Provider needs it to provide you with VirtuGO. 16.2 If you delete your account with us or do not use your account with us for a period of one (1) year, Service Provider will automatically delete your Personal Data and your account. Please note that: (1) there might be some latency in deleting this Personal Data from our servers and back-up storage; and (2) Service Provider may retain this Personal Data if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. 17 Editing Information 17.1 Your information (including your basic information) may at any time be edited by you via the functionality created for this purpose on VirtuGO. 18 Disclosure for legal reasons 18.1 Service Provider discloses Personal Data to companies, organizations or individuals outside of our group of companies if Service Provider believes in good faith that access, use, preservation or disclosure is necessary to: (1) comply with applicable law, regulation, legal process or enforceable governmental request, (2) enforce applicable use terms, including investigation of potential violations, (3) register, prevent or otherwise protect against address fraud, security or technical issues, or (4) indemnifying us, our users or the public's rights, property or safety, as required. 19 Public Posts 19.1 VirtuGO may allow you to post or share content to a public area of VirtuGO such as a public profile, group, community or other public area. Please note that any content or information you choose to disclose in these areas can be read, collected and used by other users, the general public and other Platforms (including search engines). Service Provider is not responsible for, and this Privacy Policy does not apply to, information you may choose to post in these areas. 20 Business transfers 20.1 Service Provider may at some point decide to sell some of our assets or activities. In such transactions, our customer information could be a business asset to be transferred. If our business, VirtuGO, or substantially all of its assets is acquired, or in the unlikely event that Service Provider ends our business or enters into bankruptcy, customer information would be an asset transferred to or acquired by third party. You acknowledge that any such transfer may occur, and that any acquirer of the Service may continue to use your Personal Data on the terms described in this Privacy Policy. 21 Third Party Platforms 21.1 VirtuGO may contain links to other platforms. Service Provider is not responsible for the privacy practices of such other platforms. Service Provider encourages our users to ensure that when leaving VirtuGO they read the privacy statements of each platform that collects Personal Data. When accessing any of these links to visit the aforementioned websites, you leave VirtuGO and enter an environment that has its own Personal Data processing terms and conditions. You should therefore check them carefully. Service Provider accepts no liability or commitment from the terms and conditions applied by operators of these websites. 22 Data Processors 22.1 Service Provider uses third parties to perform the technical operation of VirtuGO. Such third parties act as a data processor in relation to Personal Data and VirtuGO is the data controller. 22.2 Data processing is carried out within the European Union. 22.3 Data processor acts solely on our instructions. The data processor has taken the necessary technical and organizational security measures to protect data against accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of applicable law. 23 Cookie 23.1 Service Provider collects various information about you in connection with the operation of VirtuGO. Service Provider collects information about you and your use of VirtuGO in two ways: Through the so-called 'cookies' and through the registration and use of VirtuGO. 23.2 Cookies are small bits of information that VirtuGO places on your computer's hard drive, on your tablet or on your smart phone. Cookies contain information that VirtuGO uses to streamline communication between you and your web browser. The cookie does not identify you as an individual user but identifies your computer. 23.3 There are two types of cookies - session cookies and persistent cookies. Session cookies are bits of information that are deleted when your session ends. Persistent cookies are bits of information that are stored on your computer until they are deleted. Persistent cookies delete themselves after a certain period of time but are renewed each time you visit VirtuGO. VirtuGO uses both temporary and persistent cookies. 23.4 Service Provider uses similar technologies that store and read information on the browser or device, which utilizes local units and local storage. Such technology can work across your browsers. In some cases, the use of these technologies is not controlled by the browser but requires special tools. Service Provider uses these technologies to store information that is used to ensure the quality of reviews and to pick up irregularities in your use of VirtuGO. 23.5 A cookie can contain text, numbers, or for example, a date, but there is no Personal Data contained in a cookie. It is not a program and can not contain viruses. 23.6 When visiting VirtuGO for the first time, you will automatically receive a cookie. Service Provider uses cookies to customize and create content and services that match your interests and desires. Service Provider also uses cookies for demographic and user-related statistics, and thus determines who is visiting VirtuGO. Service Provider records only anonymous information such as IP numbers, number of bytes sent and received, internet host time, browser type, version, and language, etc. 23.7 Service Provider uses cookies - for statistics, ie: measuring traffic on VirtuGO, including the number of visits to VirtuGO, what domains visitors come from, what pages they look at on VirtuGO and which general geographic area the user is in. - to enhance the functionality: improve the functionality and optimize your experience of VirtuGO and help you remember your username and password so you do not have to log in again when you return to VirtuGO. - to integrate with social media, i.e.: allow you to integrate with social media such as Facebook. - for quality assurance: to ensure the quality of reviews and preventing fraud and irregularities in connection with writing reviews and applying VirtuGO. - for targeted marketing, i.e.: display specific marketing in VirtuGO that Service Provider believes you will find interesting. 23.8 VirtuGO provides access for its third party’s suppliers to inspect the contents of the cookies that are set by VirtuGO. This information shall be used exclusively on behalf of VirtuGO and must not be used for the third party's own purposes. 23.9 Our Website uses cookies from the following third parties: - Google Analytics: for statistical purposes. You can refuse cookies set by Google Analytics by clicking here: 23.10 Most browsers allow you to erase cookies from your hard drive, block all cookies or receive a warning before a cookie is stored. You must be aware that in such case services and features cannot be used by you because they require cookies to remember choices you make. Service Provider hopes that you will allow the cookies Service Provider set as they help us improve VirtuGO. 23.11 You always have the option to delete cookies stored on your computer. - How to delete cookies in Microsoft Internet Explorer - How to delete cookies in Mozilla Firefox browser - How to delete cookies in Google Chrome browser - How to delete cookies in Opera browser - How to delete flash cookies - applies to all browsers 23.12 VirtuGO uses Google Analytics to analyse how users use VirtuGO. The information generated by the cookie about your use (traffic data, including your IP address) is transmitted to and stored on Google's servers in the United States. Google uses this information to evaluate your use of VirtuGO, compiling reports on the activity of VirtuGO and providing other services relating to the operation of VirtuGO and internet use. Google may also transfer this information to third parties if required by law or if third parties process the information on Google's behalf. 23.13 Google Analytics sets two types of cookies: (a) persistent cookie providing information on whether the user is recurrent, where the user is from, what search engine is used, keywords, etc., and (b) session cookies that are used to show when and how long a user uses VirtuGO. Session cookies expire after each session, that is, when you close your tab or browser. Google does not process your IP address with other data, Google holds. 23.14 Most browsers allow you to erase cookies from Google Analytics. Read more about Google Analytics’ cookies. 23.15 By using VirtuGO you provide your consent to our use of cookies as described. If you no longer wish to consent to the use of cookies, deselect the cookies by modifying the settings in your browser. 23.16 VirtuGo uses Falcon and when visiting Falcon’s websites, the Falcon use Google Analytics for collecting cookie and usage data. 23.17 When visiting the services may use cookies, that’s webserver sends to your computer’s browser file.’s cookies help provide additional functionality to the service and helps to analyse Service usage more accurately. 23.18 When visiting’s websites, may also place third party cookies, which are used for marketing purposes. and its partners use these cookies, in order to deliver relevant marketing content to you when visit’s third parties’ websites. 23.19 While using VirtuGo and Falcon’s platforms, Falcon collect certain Personal Information, which includes but it is not limited to the following data: Name, user name, unique user ID, e-mail address, IP-address, device information, state, country, approximate geographical location, title, passwords, phone numbers.

23.20 Falcon’s Privacy Policy includes also the usage of cookies, and you can find more information at the following website:

23.21 To find more information about, which cookies Falcon is currently using, please go to the following website:

24 Questions

24.1 If you have questions about this privacy policy or our treatment of Personal Identifiable Information, rectification or your relationship with us in general, please feel free to contact us at the following address: VirtuGO ApS VAT No. 37625728 c/o Soho, Room 223 Flæsketorvet 68. DK-1711 Copenhagen V Denmark W: E:

25 Changes

25.1 Service Provider may change our Privacy Policy at any given time. As a VirtuGO account holder you should review our Privacy Policy regularly. Such changes come into force immediately. If you do not agree to the modified Privacy Policy, please stop using VirtuGO. In the event of a conflict between this Privacy Policy and the modified terms, the modified terms shall apply. Your continued use of the Services provided by us after the date the modified terms are posted will constitute your acceptance of the modified Privacy Policy.

25.2 If Service Provider is involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. Service Provider will notify you (for example, via a message to the device id associated with your account) of any such deal and outline your choices in that event.

26 Supervision

26.1 The Danish Data Protection Agency, inter alia, supervises the compliance with the applicable national regulation on Personal Data. The contact information for the Danish Data Protection Agency is: Datatilsynet Borgergade 28, 5 DK- 1300 Copenhagen K T: 3319 3200 F: 3319 3218 E-mail: