TERMS AND CONDITIONS

1. Terms of Use

 

VirtuGO ApS

 

 

Date: 25 May 2018

 

 

1 Terms of Use
1.1 Your use of the website www.VirtuGO.com (“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 www.VirtuGO.com/privacypolicy 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 communi-cation 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 Pro-vider 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 ad-dresses, 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 In-ternet.

 

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 trans-ferred 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 pass-word, 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 infor-mation 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 infor-mation 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 or-ders and consent. You are responsible for ensuring that the username and pass-word remains confidential and for any activity using your username and pass-word. 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 organi-zation (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the author-ity 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 ap-plicable 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 repro-duced or archived at any other website or included in any other information ar-chiving 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 vio-lates 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 man-datory 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 me-dia), 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, inap-propriatenesses, 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 characteris-tics, 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 ac-tion).

 

8.5 If Service Provider receives notification or otherwise determines that a Contribu-tion violates applicable laws, rights of third parties and/or these Terms of Use, Service Provider can delete such Contributions without warning and Service Pro-vider 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 li-cence without any territorial restrictions to use, reproduce, change, adapt, pub-lish, translate, create derivative works, distribute, carry out or represent such ma-terial 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 li-cence 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 Ser-vice Provider considers necessary in the event that a Contribution violates appli-cable 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 Contri-bution, 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 discrimina-tory,
– 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 in-fo@VirtuGO.com if you suspect misuse of your account or bank details via Vir-tuGO. 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 functional-ity 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 reac-tivated 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 Pro-vider will refund your balance within 14 days from the date Service Provider re-ceives 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 with-draw by an unequivocal statement, e.g. letter sent by email to in-fo@VirtuGO.com 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 Provid-er 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) reg-istration 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 super-vision 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 provid-ing 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 Mi-nor’s registration. Only once this consent has been granted may the Minor’s reg-istration 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 Vir-tuGO. When submitting any ideas, suggestions, documents and/or proposals (“Contributions”) you agree that: (a) your Contributions do not contain confiden-tial or proprietary information; (b) Service Provider is not subject to express or implicit obligations of confidentiality with regard to your Contributions; (c) Ser-vice Provider is authorised to use and disclose (or may choose not to use or di-vulge) 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 sub-ject 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 in-troduce 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 con-necting and using VirtuGO, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees neces-sary 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 par-ty’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, cessa-tion 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). Promo-tions 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 promo-tions, 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 ac-cess your account immediately ceases. This can happen despite ongoing sub-scriptions.

 

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 peri-od of thirty (30) days (or such other period as mutually agreed between the par-ties) 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 be-come 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 Virtu-GO 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 guide-lines 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 intel-lectual 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 info@VirtuGO.com. 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 theThird-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 info@VirtuGO.com 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 klagonline.forbrug.dk.

 

 

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.