Twitch Health

TERMS OF USE TWITCH ON DEMAND

Last updated: 2020-01-18

Please read these terms of use (the "Terms") carefully before downloading, accessing or using Twitch on Demand, Twitch’s digital services for providing i.a. workouts and training programs, courses and health challenges (the "Services") The Terms apply between you, the user, and Twitch Health Capital AB, reg.no. 556599-8001 ("Twitch").

By downloading the Twitch on Demand app and accessing and/or using the Services, you accept the Terms. If you do not accept the Terms, do not download, access or use the Services.

1. GENErAL ON YOR USE OF THE SERVICES

All information presented by Twitch in the Services is provided for personal workout purposes only and is not intended to replace or substitute any expert medical opinion of your doctor, physical trainer, coach or health professional. If appropriate, you should consult with a doctor or health professional before starting any workout program.

2. USER ACCOUNT

You are responsible for any use of the Services through your account and for selecting secure log-in credentials and taking all necessary precautions to keep such credentials secret and secure.

You may not (i) register false information in applying for or amending your access to the Services, (ii) use information of a third party without proper authorization, or (iii) allow another person or a third party to use your account or access the Services. If you find that your log-in credentials are compromised or used by a third party, you must immediately restore the credentials and notify us thereof.

3. INTELLECTUAL PROPERTY RIGHTS

Subject to the terms and conditions of the Terms, Twitch grants you a personal, fully revocable, non-exclusive, non-transferable, limited right to use the Services strictly for your own personal purposes.

You acknowledge that Twitch and/or its licensors owns the Services (including the Twitch on Demand app) and any and all intellectual property rights in or to the Services and any and all methods, techniques, tools or processes used in creating, developing, applying or maintaining the Services. Twitch hereby reserves all rights not expressly granted herein. No rights shall be licensed by implication under the Terms.

You shall not, and you shall not permit others to, without Twitch’s prior written consent (i) duplicate, alter, modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Services; (ii) access or use the Services or Twitch’s confidential information to create a product or service similar to or competitive with the Services; (iii) time-share the Twitch on Demand app or the Services or use it in a service bureau arrangement or for the benefit of any third party; (iv) permit or allow any person to remove any proprietary or other legend or restrictive notice on the Service or containing media; (v) permit any person to reproduce any such media or the Services; (vi) use the Services for any illegal activity; (vii) use the Services to disrupt or interfere with any other networks, websites, or security; (viii) use the Services to distribute any libelous, harassing, defamatory, violent, illegal, vulgar, offensive, slanderous, or otherwise objectionable material of any kind; or (ix) in any manner or under any circumstances use, copy, modify, enhance, merge, reverse engineer, reverse assemble, decompile, disassemble or in any way alter the Services or any copy, adaptation, transcription, or merged portion thereof.

4. availability and MODIFICATIONS TO THE SERVICES

We will use commercially reasonable efforts to ensure the Services’ availability. We will not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) force majeure events; (ii) Internet service provider or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach by you of the Terms.

Twitch reserves the right to modify, update, suspend or discontinue, temporarily or permanently, the Services, including change of functionality in the Services, or any service to which it connects, with or without notice and without liability to you.

5. COSTS FOR THE SERVICES

There is no cost related to your download of the Twitch on Demand app. For the use of the Services, certain content is free of charge and for certain content, you will have to pay a fee to use the Services. If you sign up for a subscription of the Services, your subscription fee will include access to all Services in the Twitch on Demand app.

Twitch reservices the right, at its discretion, to amend the fees for the Services. However, if you have an active subscription, the subscription fee will not change during the current subscription period.

6. TERMINATION AND SUSPENSION

The Terms shall remain in force until terminated by you or Twitch. You may also stop using and accessing the Services at any time, in which case the Terms will be terminated.

If you have paid for a subscription of the Services, you will not get a refund of the subscription fee upon termination.

In the event that you are in breach with any provision of the Terms, Twitch may suspend your access to the Services permanently or temporarily and/or immediately terminate the Terms, without prior notice from Twitch.

7. LIMITATION OF LIABILITY

Twitch will not be liable for indirect, special, incidental or consequential damages including loss of profit, revenues, goodwill or loss resulting from business interruption or loss of data arising in connection with the Terms or the usage of the Services.

Nothing in these Terms shall operate to exclude or restrict either party’s liability for any damage caused by willful misconduct or gross negligence.

Twitch’s aggregate liability under the Terms will not exceed the aggregate fees actually paid by you to us under the Terms during the twelve (12) months period immediately preceding the date upon which the applicable cause of action arose.

8. DISCLAIMER OF WARRANTY

Twitch makes no representations or warranties of any kind, whether express or implied or otherwise regarding the use, the inability to use or operate, or the results of the use of the Services and disclaim all warranties, including (a) of satisfactory quality, fitness for a particular purpose, non-infringement, or (b) that the Services will be uninterrupted or error free, or (c) that content will be secure or not otherwise lost or damaged. Twitch does not make any representations regarding the benefits or results that you shall obtain from the Services.

9. PERSONAL DATA

For the purpose of providing you with the Services, it is necessary for Twitch to process your personal data. For more information regarding Twitch’s processing of your personal data, please see the privacy notice provided to you when you register or accept your account (which may also be found here).

10. SEVERABILITY

If any provision of the Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

11. AMENDMENTS TO THE TERMS

Twitch reserves the right, at its sole discretion, to modify or replace the Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Services after such changes to the Terms will constitute your consent to the revised terms.

12. GOVERNING LAW AND DISPUTES

The Terms shall be governed by and construed in accordance with the substantive laws of Sweden.

Any dispute, controversy or claim arising out of or in connection with the Terms, or the breach, termination or invalidity thereof, shall be finally settled in the general courts of Sweden, with the District Court of Stockholm as the court of first instance. Notwithstanding the aforesaid, disputes shall be settled by the Stockholm Chamber of Commerce, should there be an on-going parallel dispute regarding the same subject-matter or incident before the Stockholm Chamber of Commerce.