Terms Of Service

We are committed to safeguarding and preserving the privacy of our users. Please refer to our Privacy Policy for information on how your personal data is treated.

Terms of use

VismoX is a license product by Virtual Cycling AS (hereafter referred to as “VismoX”) working under Norwegian law with company registration number (ORG no.) 993001945. It is located at Tinthamran 7, 6412 Molde, Norway.

Services

The VismoX system is comprised of the following services and elements:

  1. A technical set-up for cycling studios, excl. monitors, mobile devices/PCs and indoor bikes, which facilitates the transmission of data from the users and/or the indoor bikes to the monitor(s) and to the user profile on the website www.vismox.com(hereafter referred to as the “Site”) if one such has been created.
  2. A website www.vismox.com with a wide range of functionalities to be utilized by the licensee (cycling studio owner or the like and contingent employees) in the daily running of the studio (booking system, studio set-up, program for creating intensity profiles, route maker etc.).
  3. A mobile application accessed via the Internet.

 

Age restriction

If you are under the age of 18, your parent or guardian must review these terms with you in order for you and your parent/guardian to understand and consent to them. When a parent or guardian accepts these terms on behalf of a child, the person agrees and accepts full responsibility for the use of our services by the child, including all financial charges and legal liability that may incur to the child.

By accessing, using or downloading any of the services of VismoX, you accept to follow and abide by the terms, which may be updated from time to time without notice to you. You can review the most current version of the terms at any time here. Virtual Cycling and its third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described here at this Site at any time without notice. If you do not agree with the Terms, please do not use this Site. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

Virtual Cycling has the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that Virtual Cycling shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site or any portion thereof.

Registration

When you register to use the services provided by VismoX, you must complete the registration form. You agree to: (a) provide true, accurate, current and complete information about yourself ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that we may use your User Data to provide services for which you have expressed interest. If you provide any information that is inaccurate or not current, or we have reasonable grounds to suspect that such information is inaccurate or not current, we have the right to suspend or terminate your account.

Disclaimer of warranties and liability

The services provided by VismoX are provided “AS IS”, and Virtual Cycling disclaims all warranties, express or implied, including, without limitation, warranties and conditions of merchantability, title, fitness for a particular purpose and non-infringement.

Virtual Cycling and its partners make no warranty that the use of the VismoX services will be timely, uninterrupted, error-free or secure. There is also no guarantee as to the accuracy and reliability of the results obtained by the use of the VismoX services, and that any errors will be corrected. Furthermore, Virtual Cycling and its partners make no warranties against viruses or anything else harmful infecting the server on which the system is placed.

You, the User, understand and agree that the physical activities carried out in connection with the utilization of the services provided by VismoX may have inherent, implicit and/or expressed risks of bodily injury or death and/or property damage. You agree that you voluntarily and at your own free will assume all known and unknown risks associated with such physical activities even if such risks may be claimed to be caused in whole or part by actions, inactions or negligence of Virtual Cycling and its partners.

You agree that Virtual Cycling and its partners will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the services of VismoX, including but not limited to featured, official or user generated challenges, routes, friendly competitions or similar, any single or group training activities or any event that utilizes the services of VismoX.

You understand and agree that you download or otherwise obtain the VismoX services at your own risk, and will be solely responsible for your use and any damage to your mobile device, computer system or other device by which you access the services, loss of data or other harm of any kind that may occur as a result thereof.

You understand and agree that Virtual Cycling does not provide medical advice through the services of VismoX. Before you engage in any physical activity you may need to consult with your physician.

Indemnity

You agree to indemnify, defend and hold harmless Virtual Cycling and its partners from and against all claims, losses, liabilities, expenses, damages and costs, including without limitation, attorneys’ fees, arising from or relating to your use of the VismoX services and your conduct in connection with the services, or any violation of these terms, any law or the rights of any third party.

Payments

If you choose to become a PRO member of VismoX, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by VismoX) ("Payment Method"). You may switch to a different Payment Method or update your information by visiting the “Account” page or by contacting us by email at post@vismox.com. You will immediately be charged for your membership fees after you click "Register" on the confirmation page and your account will be activated to "VismoX PRO Member" status. You agree to pay all membership fees and other charges incurred in connection with your username and password for your VismoX account.

Fees and renewals

You may select to pay membership fees on a monthly or annual basis. All membership fees are payable in advance. Membership fees will be billed automatically to the Payment Method at the start of the monthly or annual period, as applicable, and will auto-renew until your membership is terminated. The renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize Virtual Cycling to charge your Payment Method for the appropriate membership charges and fees.Virtual Cycling reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this Site. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL MEMBERSHIP PERIOD.

User conduct

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify Virtual Cycling of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to Virtual Cycling.

You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (hereafter referred to as "Content"), whether publicly posted or privately transmitted, available in connection with the Site are the sole responsibility of the person from whom such Content originated. This means that you, and not Virtual Cycling, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. Virtual Cycling does not control or monitor the Content posted to the Site by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Virtual Cycling be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.

You agree to not use the Site to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Virtual Cycling official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Site or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site. You acknowledge that VismoX may or may not pre-screen or monitor Content, but that Virtual Cycling and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Site. Without limiting the foregoing, Virtual Cycling and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that Virtual Cycling may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Virtual Cycling, VismoX users and the public. Subject to the foregoing, Virtual Cycling will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.

The Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site, use of the Site or access to the Site. You understand that use of certain features of the Site may require you to purchase third party equipment or materials (e.g., GPS systems). While Virtual Cycling may recommend the equipment or materials of certain third party suppliers, Virtual Cycling shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Site or will be error-free.

Content submitted to the Site

VismoX does not claim ownership of Content you may submit or make available for inclusion on the Site. However, with respect to Content you submit or make available for inclusion on the Site (other than User Data or Payment Method information), you grant Virtual Cycling a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Site for the purposes of providing and promoting the Site and the features and services available on the Site.

The Site may provide you with the option of making certain Content that you submit to the Site as private or available only to select users of the Site. If, upon submission of Content to the Site, you initially elect to mark such Content as private or available for a limited group of users, Virtual Cycling will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made generally available, Virtual Cycling cannot and does not guarantee the privacy of such Content.

Proprietary rights

You acknowledge and agree that the Site, any necessary software used in connection with the Site (if any) and any Content available on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Virtual Cycling or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the software or Content available on the Site (other than Content that you may submit), in whole or in part.

Virtual Cycling grants you a personal, non-transferable and non-exclusive right and license to access and use the Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site.

The term VismoX and the VismoX logo are the exclusive trademarks of, and are owned by, Virtual Cycling, and you may not use or display such trademarks in any manner without Virtual Cycling’s prior permission. Any third party trademarks or service marks displayed on the Site are the property of their respective owners.

Termination

You agree that VismoX may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Site. Termination of your account may include (x) removal of access to all offerings within the Site, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Site. Further, you agree that VismoX shall not be liable to you or any third party for any termination of your account or access to the Site.

Applicable laws

Services are rendered to you under and in accordance with Norwegian law. Any dispute between you and Virtual Cycling is governed by Norwegian law and in Norwegian language in a Norwegian court. CISG is not adopted.

You agree that any notice, agreement or other disclosed communication that Virtual Cycling sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Virtual Cycling is among other regulations subject to the Norwegian Act on Processing of Personal data. The Act adopts the European Union Directive 95/46/EC on the Protection of Individuals with regard to the processing and free movement of personal data.

In the Privacy Policy personal data is referred to as personal information. All personal information are managed and controlled by Virtual Cycling AS.

Questions

If you have any questions regarding these Terms, please contact us by email at post@vismox.com.