IMPULSE SPORTS TERMS OF USE

TRAINEE VERSION

The present Terms of Use are concluded between:

The Public Limited Company IMPULSE SPORTS S.A. , with corporate capital of 33 000 Euros, listed in the Registry Of Business and Commerce of LUXEMBOURG under the number B 191973, whose registered office is located at 29 rue de Reckenthal – L-2410 Strassen – LUXEMBOURG, represented by Ms. Astrid Saint Arnoult, its CEO

And

THE TRAINEE on the other part,

Hereinafter collectively referred to as «PARTIES »

Important

THE USE OF THE PLATFORM ON ANY GROUNDS AUTOMATICALLY IMPLIES THAT THE USER HAS READ AND AGREES UNCONDITIONALLY TO THESE TERMS OF USE STIPULATED HEREIN. THE FOLLOWING TERMS OF USE ARE AVAILABLE AND DOWNLOADABLE AT THE URL: https://www.impulsefitness.io/views/terms-of-service-en.html

 

HEALTH DISCLAIMER

The content of the IMPULSE FITNESS PLATFORM, including the TRAINING PROGRAM of its COACHES do not constitute medical advice and is not intended to be a substitute for professional medical or nutritional advice.

Please note that COACHES found on IMPULSE FITNESS PLATFORM are not certified trainers. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment before you start the all or a part of the COACH’S TRAINING PROGRAM or the NUTRITIONAL PROGRAMS and DIET TIPS provided by IMPULSE SPORTS.

By the use of the IMPULSE FITNESS PLATFORM, you certify that you have received consent from your physician to participate in the activities. The use of the platform is to be used solely at your own discretion, risk and liability. 

Please be aware that any form of exercise can cause injuries if they are performed incorrectly or done with poor form. Your result may also vary due to differences in your individual exercise history, genetics and personal motivation. IMPULSE SPORTS is not responsible for any injury that may result from its improper use. By entering this agreement, you expressly acknowledge that you have read and understand all of the terms of this agreement and have taken time to consider the consequences of your decision.

PREAMBLE

The IMPULSE SPORTS Company (hereinafter «IMPULSE SPORTS ») runs the IMPULSE FITNESS PLATFORM, which is a PLATFORM that allows its USERS to get connected to COACHES operating on Instagram and follow one or several TRAINING PROGRAMS.The PLATFORM also offers NUTRITIONAL PROGRAMS developed by a Registered Dietitian Nutritionist on the one hand and basic DIET TIPS on the other hand

The IMPULSE FITNESS PLATFORM is composed as follows:

The setting of this IMPULSE FITNESS PLATFORM implies that each of the TRAINEE respects the rules stated hereinafter.

 

 

ARTICLE 1 - DEFINITIONS

“PLATFORM”: refers to our Impulse Sports mobile PLATFORM available through iTunes or Android Marketplace;

CONTENTS”: refers to all the pictures, videos, information, advise and data the COACH or IMPULSE can share on the PLATFORM;

“ACCOUNT”: refers to the interface that gathers the data pertaining to a USER. These data include the personal USER’s data such as their email address, their identification data, their password. Creating an ACCOUNT allows them to obtain a PROFILE and gives them access to the IMPULSE FITNESS PLATFORM.

“TRAINEE”: refers to a person making use of the services provided by the COACH or IMPULSEthrough the PLATFORM;

“COACH” refers to a person providing services through the PLATFORM to a TRAINEE;

“TRAINING PROGRAM”: refers to a group of regular and dedicated physical exercises performed by the TRAINEE and provided by the COACH;

“NUTRITIONAL PROGRAM”: consists of a group of diet recipes provided by the IMPULSE SPORTS and developed by a Registered Dietitian Nutritionist.

“DIET TIPS ”: refers to basic diet advice and recommendations provided by IMPULSE SPORTS.

“PROFILE”: refers to a COACH or TRAINEE’s page on the IMPULSE FITNESS PLATFORM on which appear the USER personal data. This PROFILE may include:

“USER”: refers to every private individual of legal age and capacity, who uses the IMPULSE SPORTS PLATFORM. A USER can only access the IMPULSE FITNESS PLATFORM by creating an ACCOUNT.

ARTICLE 2 - FIELD OF PLATFORM

2.1 Object of the IMPULSE FITNESS PLATFORM

2.1.1. COACH CONTENT

  1. IMPULSE SPORTS S.A. offers, via its mobile application, a service that allows TRAINEES of the mobile application to access to the TRAINING PROGRAM made available by a COACH.
  2. By choosing a TRAINING PROGRAM, the TRAINEE enters into a contract directly with the COACH concerned. No direct or indirect contractual relationship between IMPULSE SPORTS S.A. and the USER is created from this process.
  3. IMPULSE FITNESS PLATFORM is only an intermediary between the COACH and the TRAINEE in terms of TRAINING PROGRAM, and is at no time considered to be the seller with respect to the USER. Accordingly, the contract formed at the completion of sale is solely between the COACH and the TRAINEE.
  4. Whilst IMPULSE SPORTS helps facilitate transactions, the Company has no control over the quality, supply, safety or legality of any COACHE’S TRAINING PROGRAM.

2.1.2. IMPULSE SPORTS CONTENT

IMPULSE SPORTS S.A. also offers NUTRITIONAL PROGRAMS developed by a Registered Dietitian Nutritionist and basic DIET TIPS.

2.2 Aim of the IMPULSE FITNESS PLATFORM

The aim of the IMPULSE FITNESS PLATFORM is to offer the TRAINEE:

ARTICLE 3 - CONDITIONS OF ACCESS TO THE IMPULSE FITNESS PLATFORM

Only private individuals over the age of 18 or people who have an authorization from their legally authorized representatives, or minors who prove authorization from their legally authorized representatives can have access to the IMPULSE FITNESS PLATFORM.

The USERS declare that, on the date of application download :

3.1 Registration

To have access to the IMPULSE FITNESS PLATFORM, TRAINEE VERSION, every USER will previously have to create an ACCOUNT. To do that, the USER will have the possibility to create an ACCOUNT entering their first name(s), last name(s), email address and password or to register via Facebook©(option available for TRAINEE only), allowing the IMPULSE FITNESS PLATFORM to gather the information linked to their profile.

If they represent a legal person, the USER assures they are duly capacitated to represent this legal person on the IMPULSE SPORTS PLATFORM.

The USER assures that all the information they provide are correct, updated and that neither this information nor the logo violate the rights of third parties, whoever they are. The USER undertakes to communicate to IMPULSE SPORTS every necessary update of the data provided at the time of their registration.

Once they have registered, the USER will receive a confirmation email from IMPULSE SPORTS.

3.2 Payment and invoicing

3.2.1 Payment information

The TRAINEE must submit at least one valid payment method supported by IMPULSE SPORTS to have access to

They agree to provide accurate, current and up-to-date account information.  The failure to maintain accurate, complete and up-to-date account information may result in the inability to access or use the service.

The COACH TRAINING PROGRAM and IMPULSE NUTRITIONAL PROGRAMS give access to features mentioned in Article 2 such as personalized training exercises and diet recipes.

 

 

3.2.2 Prices and payment terms

The price of each TRAINING PROGRAM is set by the COACH himself.

The price of each NUTRITIONAL PROGRAM is set by IMPULSE SPORTS.

Prices are presented all taxes included on the day on which the order is confirmed.

VAT or any indirect tax is included in the set price (at the rate applicable in the country of establishment of the trainee).

A TRAINING PROGRAM may vary from one COACH to another depending on the coach the USER has selected.

NUTRITIONAL PROGRAM contains several detailed diet recipes according to USER’s desired results or dietary habits, depending on the PROGRAM the USER has selected

3.2.3 Order process

These Terms of Use shall be effective as from the date when the USERS accept this agreement and shall remain in force until duly terminated by either party in full compliance with these Terms of Services.

The order process occurs in two different ways:

3.2.3.1. Order via application

Order of a TRAINING PROGRAM

Order of a NUTRITIONAL PROGRAM

The actual price payable for a TRAINING PROGRAM and NUTRITIONAL PROGRAM will depend on the physical location where the account has been created.

3.2.3.2. Order via website

Order of a TRAINING PROGRAM

Order of a TRAINING PROGRAM

Order of a NUTRITIONAL PROGRAM

The actual price payable for a TRAINING PROGRAM and NUTRITIONAL PROGRAM will depend on the physical location where the account has been created.

 

3.2.4 Right of withdrawal

As the TRAINEE accepts the terms of service, they shall not be entitled to a refund from IMPULSE SPORTS.

By registering on the IMPULSE FITNESS PLATFORM and by accepting the present Terms of Service, the USERS hereby expressly acknowledges that they are expressly losing their right to any withdrawal right as regards the supply of said services. The above express consent is acquired in accordance with the Directive on Consumer Rights (2011/83/EC) as of 25 October 2011, transposed in Luxembourg by Article L.222-9 of the Consumer Code.

 

3.3 ACCOUNT administration

In case a person does not comply with the present Terms of Service, or in the case that someone would have been previously unregistered from the IMPULSE FITNESS PLATFORM, IMPULSE SPORTS reserves the right to unilaterally refuse their registration with no further justification.

At the time of registration, the USER undertakes to ensure that the information provided to IMPULSE SPORTS are correct and that they will not harm, in any way, third parties’ rights, whatever they are. Consequently, the USER undertakes to communicate to IMPULSE SPORTS every necessary update of the data provided at the time of their registration.

In case of misreading of this general obligation of loyalty, the IMPULSE SPORTS Company reserves the right to unilaterally unregister the USER from the IMPULSE FITNESS PLATFORM without notice.

While creating their ACCOUNT, the USERS are responsible for providing a personal password. The USER is responsible for maintaining the confidentiality of their password. It will be assumed that every connection to a USER’s ACCOUNT with the password they chose will be done by the USER themselves.

The USER shall notify contact@impulsefitness.io of any known or suspected unauthorized use of their password.

The USER is entirely responsible for the information and usernames they provide to IMPULSE SPORTS.

The IMPULSE SPORTS Customer Service Team shall initiate a remotely controlled session to access the customer’s computer in order to fix technical problems or to gain system information to find the origins of an error upon an explicit written approval from the USER.

Any complaint must be placed within 24 hours at IMPULSE SPORTS Customer Service.

The IMPULSE SPORTS Customer Service Team may also carefully investigate reports and other data at its disposal, resorting to any existing means for such effect.

The USER expressly authorize IMPULSE SPORTS to monitor and record their online activities on the platform, process technical data and personal data provided or collected during the registration with IMPULSE SPORTS and after cancellation of their registration during the period necessary for IMPULSE SPORTS to comply with legal requirements.

By accepting these Terms of Service, the USER agrees that IMPULSE SPORTS may also research behavior patterns and trends to improve their experience.

In case of any fraudulent transaction, IMPULSE SPORTS has a right to use all available information at its disposal during any kind of legal procedure. This includes browser history, IP and email addresses and any other traceable activity. During such legal procedures, IMPULSE SPORTS may involve other professional investigator parties and share certain information in order to comply with law requirements, vindicate its rights and represent the best interests of its USERS. The USERS will stay liable for investigation or collection costs related to any fraudulent transaction.

By registering on IMPULSE FITNESS PLATFORM and by accepting this present Terms of Service, USERS agree to indemnify, pay the costs of defense and hold harmless IMPULSE SPORTS S.A., its officers, directors, affiliates, attorneys, shareholders, managers, members, agents and employees from any and all claims, losses, liabilities or expenses brought by third parties arising out of or related to their conduct, statements or actions, as well as breach of any term, condition or promise contained herein and unlawful conduct in the framework of this agreement.

 

 

3.4 ACCOUNT deletion

The USER is free to delete their ACCOUNT at any time by sending an email to contact@impulsefitness.io.

All the data and contents linked to this ACCOUNT (information, profile, picture) will then be deleted from the IMPULSE SPORTS PLATFORM.

ARTICLE 4 - CREATION AND ADMINISTRATION OF A PROFILE

Each TRAINEE, once registered, shall complete their PROFILE according to the proposed fields, it being understood that all fields marked with an asterisk (*) must be filled in.

ARTICLE 5 - SEARCH ENGINE

Each TRAINEE of the IMPULSE FITNESS PLATFORM has access to the search engine made available to them by IMPULSE SPORTS. This search engine allows them to find the more relevant fitness influencers known as COACH on Instagram.

To look for a CONTENT, the TRAINEE shall type names in the search bar to obtain results related to it. Suggestions of COACHES will also be made by the PLATFORM.

Afterwards, a list of results will be provided to the TRAINEE with a brief description of the CONTENT as the Meta tags of the original sites have allowed it.

The TRAINEE shall have access to the original CONTENT through the IMPULSE FITNESS PLATFORM. For this reason, the TRAINEE is informed that it regards a technical procedure called “iframe” through which the TRAINEE can see the CONTENT chosen directly on the original site with the environment of the IMPULSE FITNESS PLATFORM.

ARTICLE 6 - ROLE OF THE IMPULSE SPORTS COMPANY

6.1. TRAINING PROGRAMS

IMPULSE SPORTS provides and is responsible for the publication of the following CONTENTS

In terms of TRAINING PROGRAMS, IMPULSE SPORTS facilitates transactions between TRAINEES and COACHES. Impulse provides a venue for Trainees and  Coaches to complete transactions. IMPULSE SPORTS is considered a mere intermediary among the different USERS and does not intervene in any case in the indexed or published CONTENTS on the PLATFORM mentioned. Accordingly, the contract formed is solely between a TRAINEE and a COACH.

6.2. OTHER CONTENTS

IMPULSE SPORTS provides and is responsible for the publication of the following CONTENTS:

The information given in the NUTRITIONAL PROGRAMS and DIET TIPS section provided by IMPULSE should not be interpreted as a substitute for physician consultation, evaluation or treatment

 

 

ARTICLE 7 - OBLIGATIONS OF THE PARTIES

7.1 TRAINEE’s obligations

In the context of the use of the IMPULSE FITNESS PLATFORM, EACH TRAINEE undertakes to not harm public order and commits themselves to comply with the laws and rules in force, respect the COACHE’S rights and the clauses of these Terms of Use.

Each TRAINEE is solely responsible for all the personal data they publish on their profile and will not give out personal information.

EACH TRAINEE certifies that :

Each TRAINEE has the obligation to:

 

 

7.2 COACH’s obligations

Each COACH is solely responsible for the all the CONTENTS they publish online on the IMPULSE FITNESS PLATFORM.

EACH COACH certifies that :

Each COACH has the obligation to:

7.3 IMPULSE SPORTS’s obligations

IMPULSE SPORTS’s general obligation is an obligation of means. Therefore, IMPULSE SPORTS has no obligation of results or enhanced means of any kind.

 

 

ARTICLE 8 – CONTENT PUBLISHED BY THE COACH

Each COACH can publish CONTENTS on the IMPULSE FITNESS PLATFORM. The completeness, the veracity, the accuracy, or the reliability of the published CONTENTS are not controlled or guaranteed at any time by IMPULSE SPORTS, which has a mere role of mobile application.

8.1 WHOLE OF CONTENTS

The COACH grants IMPULSE SPORTS the right of use on the IMPULSE FITNESS PLATFORM of all the CONTENTS published by them. This right of use is granted for the whole world and as long as the COACH is registered on the IMPULSE FITNESS PLATFORM.

However, here is a reminder of the especially forbidden CONTENTS:

The publication of content on IMPULSE FITNESS PLATFORM does not mean that IMPULSE SPORTS supports the author or takes the responsibility for such content.

IMPULSE SPORTS makes, to the extent permitted by law, no warranties or representations as to the information provided through or in connection with its PLATFORM. USERS use of the service is at their own risk.

IMPULSE SPORTS cannot give warranty of the published contents in terms of their correctness, accuracy, timeliness and reliability or otherwise.

Neither IMPULSE SPORTS nor any party involved in creating, producing, or delivering the content is liable for any direct, incidental, consequential, indirect or punitive damages arising from the access to or use of the services or information provided by or through IMPULSE SPORTS, without prejudice to the terms established below in the present Agreement.

Due to its mere role of technical intermediate regarding CONTENT published by the COACHES, IMPULSE SPORTS undertakes to removing any clearly illicit element or CONTENT appearing on the IMPULSE FITNESS PLATFORM as soon as it has been acknowledged.

In order to be validated, this notification shall to take into consideration all the following elements :

Moreover, it has been stated that each USER shall also use the notification system of illicit elements or CONTENTS through the tab “moderation” and justify the illicit nature of the notified element.

8.2 ENGINE SEARCH

IMPULSE SPORTS has a role of aggregator of CONTENTS to present the search results done by the USER based on the indexations done and the restriction measures edited by the original Internet sites. It does not proceed to any commercial exploitation of the temporary copies of the indexed CONTENTS which are used only with the purpose of allowing the good working order of the IMPULSE FITNESS PLATFORM.

8.3 RESPECTING THE INTELLECTUAL PROPERTY RIGHTS

IMPULSE SPORTS respects the third parties’ rights of intellectual property. IMPULSE SPORTS trusts that the USERS also conform to them.

As a mobile platform, IMPULSE SPORTS will reply to the notifications of illicit contents it shall receive and the justification of their ownership and precedence for infringing intellectual property rights.

ARTICLE 9 - DISCLAIMER OF WARRANTIES

The services are provided on an "as is" basis. IMPULSE SPORTS makes no warranties of any kind, express or implied, including  without limitation:

To the full extent permissible under applicable law, IMPULSE SPORTS disclaims any and all such warranties.

Because IMPULSE SPORTS is not a party at the transaction between the COACH and the TRAINEE, if a dispute arises between them, each of them release impulse from claims, demands and damages of every  kind and nature arising out of or in any way connected with such disputes.

To the fullest extent permitted at law, IMPULSE SPORTS will not be liable (whether in contract, tort--including negligence, or under  any statutory implied term) for any damages of any kind including without  limitation direct, indirect, incidental, punitive, special and consequential  damages (including, without limitation, loss of profits, loss of revenue or  loss of data) arising out of or in connection with the terms of service,  the site, the service, the inability to use the service or those resulting from  any training program purchased or obtained to the site,  whether or not impulse has been advised of the possibility of such damage.

 

 

ARTICLE 10 - INTELLECTUAL PROPERTY

The PLATFORM, as well as the brands, logos, slogans, graphic designs, pictures, animations, videos and texts present on the IMPULSE FITNESS PLATFORM, other than those communicated by the USERS, are exclusive IMPULSE SPORTS’s property and may not be reproduced, used or represented under penalty of legal prosecution.

Every complete or partial reproduction of the PLATFORM and the elements of the IMPULSE FITNESS PLATFORM, independent of the process is forbidden and constitute counterfeiting under penalty of legal prosecution by the articles 82 to 87 of the Law of 18 April 2001 on Copyright, Neighboring Rights and Databases

Furthermore IMPULSE SPORTS expressly forbids:

As such, the USER commits themselves to not use any element of the IMPULSE FITNESS PLATFORM without the given authorizations in the context of these Terms of Use.

ARTICLE 11 - PROTECTION OF PERSONAL DATA

Concerning the use of the IMPULSE FITNESS PLATFORM, IMPULSE SPORTS can collect data including personal data as defined in the Luxembourg Data Protection Act dated 2 August 2002 necessary to the execution of the services provided by the IMPULSE SPORTS PLATFORM, especially:

IMPULSE SPORTS takes serious security measures to grant maximum protection to information against unauthorized access, modification, disclosure or deletion of data. USERS details are always protected by highly sophisticated security system.

The USERS may obtain a copy of any personal information that IMPULSE SPORTS process and ask for rectification of any incorrect personal data, upon written request to contact@impulsefitness.io.

If the USERS would like to oppose the processing of personal data by IMPULSE SPORTS, they are entitled to cancel their registration on IMPULSE SPORTS at any time.

In accordance with the amended Luxembourg Data Protection Act of 2 August 2002 and the Law of 30 May 2005  on the protection of persons with regard to the processing of personal data, the USERS have certain rights including, among others, the right to access the information collected on them and the right to correct any inaccurate information.

They can exercise these rights by writing to: contact@impulsefitness.io. The USERS undertake to respect all the legal provisions related to the protection of personal data.

ARTICLE 12 - MODIFICATION

IMPULSE SPORTS reserves the right to update and modify the Terms of Use at any moment. The modifications done will enter into force in the 2 days following their online update on the IMPULSE FITNESS PLATFORM.

The USERS shall find out about these modifications at the following URL address: https://impulsefitness.io/

ARTICLE 13 - GENERAL PROVISIONS

13.1 Entire Agreement

No indication or no document can generate an obligation not included in these Terms of Use, if it hasn’t been the object of a new agreement among the PARTIES.

13.2 Severability

The fact that one of the PARTIES had not demanded the PLATFORM of any clause of these Terms of Use, in a permanent or temporary way, shall not be considered in any case as a renunciation of the clause concerned.

In case of difficulties interpreting any of the headlines of the clauses and any of these clauses, the articles will be declared inexistent.

If any of the stipulations of these Terms of Use would be declared null concerning a legal provision or law in force or/and a juridical decision having the authority to judge it, it will be considered not written, but it will not affect by any means the validity of the other clauses which remain totally relevant.

13.3 Governing law and place of jurisdiction

These Terms of Use are submitted to the Luxembourgish law.

SUBJECTED TO THE EFFECTIVE PUBLIC POLICY PROVISIONS RELATED TO THE JURISDICTION, THE COURTS OF THE GRAND DUCHY OF LUXEMBOURG  WILL BE THE ONLY ONES COMPETENT TO KNOW ANY POTENTIAL DISPUTE RELATED TO THESE TERMS OF USE.

This Terms of Service and the relations arising out from it between IMPULSE SPORTS and the USERS will be governed by the law of Grand Duchy of Luxembourg.

 

Any disputes arising between IMPULSE SPORTS and the USERS will be settled amicably and only when this solution is not efficient, the competent jurisdiction for the disputes arising from this Agreement will be the courts of the Luxembourg city.

However, prior to any judicial recourse, a negotiation in a spirit of loyalty and honesty will be privileged in order to reach a gentlemen’s agreement in case of any conflict that should happen related to these Terms of Use, including concerning its validity.

The part wishing to start the negotiation process shall inform the other part by a registered letter with an acknowledgement of receipt informing of the elements of the conflict. If after fifteen (15) days the parties cannot reach an agreement, the dispute shall be submitted to a competent court determined hereinbefore.

During the negotiation process and until its end, the parties are forbidden to exercise any other legal proceedings against one another and for the object conflict of the negotiation. Exceptionally, the parties are authorized to refer to the court of first instance or solicit a judgment of an order on request. A potential lawsuit before the court of first instance or the beginning of a proceeding on request does not lead on behalf of the parties to any renunciation to the clause.

13.4 Dispute Settlement

Any disputes arising between IMPULSE SPORTS and the USERS will be settled amicably and only when this solution is not efficient, the competent jurisdiction for the disputes arising from this Agreement will be the courts of the Luxembourg city.

However, prior to any judicial recourse, a negotiation in a spirit of loyalty and honesty will be privileged in order to reach a gentlemen’s agreement in case of any conflict that should happen related to these Terms of Use, including concerning its validity

The part wishing to start the negotiation process shall inform the other part by a registered letter with an acknowledgement of receipt informing of the elements of the conflict. If after fifteen (15) days the parties cannot reach an agreement, the dispute shall be submitted to a competent court determined hereinbefore

During the negotiation process and until its end, the parties are forbidden to exercise any other legal proceedings against one another and for the object conflict of the negotiation. Exceptionally, the parties are authorized to refer to the court of first instance or solicit a judgment of an order on request. A potential lawsuit before the court of first instance or the beginning of a proceeding on request does not lead on behalf of the parties to any renunciation to the clause.

COACH VERSION

IMPULSE SPORTS TERMS OF SERVICE

The present Terms of Use are concluded between:

The Public Limited Company IMPULSE SPORTS S.A. , with corporate capital of 33 000 Euros, listed in the Registry Of Business and Commerce of LUXEMBOURG under the number B 191973, whose registered office is located at 29 rue de Reckenthal – L-2410 Strassen – LUXEMBOURG, represented by Ms. Astrid Saint Arnoult, its CEO

And

THE COACH on the other part,

Hereinafter collectively referred to as «PARTIES »

Important

THE USE OF THE PLATFORM ON ANY GROUNDS AUTOMATICALLY IMPLIES THAT THE USER HAS READ AND AGREES UNCONDITIONALLY TO THESE TERMS OF USE STIPULATED HEREIN. THE FOLLOWING TERMS OF USE ARE AVAILABLE AND DOWNLOADABLE AT THE URL: https://www.impulsefitness.io/views/terms-of-service-en.html

 

HEALTH DISCLAIMER

 

The TRAINEE are aware of the following :

 

 

PREAMBLE

The IMPULSE SPORTS Company (hereinafter «IMPULSE SPORTS ») runs the IMPULSE FITNESS PLATFORM, which is a PLATFORM that allows its USERS to get connected to COACHES operating on Instagram and follow one or several TRAININGPROGRAMS. The PLATFORM also offers NUTRITIONAL PROGRAMS developed by a Registered Dietitian Nutritionist on the one hand and basic DIET TIPS on the other hand.

The IMPULSE FITNESS PLATFORM is composed as follows:

The setting of this IMPULSE FITNESS PLATFORM implies that each of the TRAINEE respects the rules stated hereinafter.

ARTICLE 1 - DEFINITIONS

“PLATFORM”: refers to our Impulse Sports mobile PLATFORM available through iTunes or Android Marketplace;

CONTENTS”: refers to all the pictures, videos, information, advise and data the COACH can share on the PLATFORM;

“ACCOUNT”: refers to the interface that gathers the data pertaining to a USER. These data include the personal USER’s data such as their email address, their identification data, their password. Creating an ACCOUNT allows them to obtain a PROFILE and gives them access to the IMPULSE FITNESS PLATFORM.

“TRAINEE”: refers to a person making use of the services provided by the COACH through the PLATFORM;

“COACH” refers to a person providing services through the PLATFORM to a TRAINEE;

“TRAINING PROGRAM”: refers to a group of regular and dedicated physical exercises performed by the TRAINEE and provided by the COACH;

“NUTRITIONAL PROGRAMM”: consists of a group of diet recipes provided by IMPULSE SPORTS and developed by a Registered Dietitian Nutritionist.

“DIET TIPS”: refers to basic diet advice and recommendations provided by IMPULSE SPORTS.

“PROFILE”: refers to a COACH or TRAINEE’s page on the IMPULSE FITNESS PLATFORM on which appear the USER personal data. This PROFILE may include:

“USER”: refers to every private individual of legal age and capacity, who uses the IMPULSE SPORTS PLATFORM. A USER can only access the IMPULSE FITNESS PLATFORM by creating an ACCOUNT.

 

 

ARTICLE 2 - FIELD OF PLATFORM

2.1 Object of the IMPULSE FITNESS PLATFORM

2.1.1. COACH CONTENT

  1. IMPULSE SPORTS S.A. offers, via its mobile application, a service that allows TRAINEES of the mobile application to access to the TRAINING PROGRAM made available by a COACH.
  2. By choosing a TRAINING PROGRAM, the TRAINEE enters into a contract directly with the COACH concerned. No direct or indirect contractual relationship between IMPULSE SPORTS S.A. and the USER is created from this process.
  3. IMPULSE FITNESS PLATFORM is only an intermediary between the COACH and the TRAINEE in terms of TRAINING PROGRAM, and is at no time considered to be the seller with respect to the USER. Accordingly, the contract formed at the completion of sale is solely between the COACH and the TRAINEE.
  4. Whilst IMPULSE SPORTS helps facilitate transactions, the Company has no control over the quality, supply, safety or legality of any COACHE’S TRAINING PROGRAM.

2.1.2. IMPULSE SPORTS CONTENT

IMPULSE SPORTS S.A. also offers NUTRITIONAL PROGRAMS developed by a Registered Dietitian Nutritionist and basic DIET TIPS.

2.2 Aim of the IMPULSE FITNESS PLATFORM

The aim of the IMPULSE FITNESS PLATFORM is to allow the COACH :

ARTICLE 3 - CONDITIONS OF ACCESS TO THE IMPULSE FITNESS PLATFORM

Only private individuals over the age of 18 can have access to the IMPULSE FITNESS PLATFORM to register as a COACH.

Each COACH declare that, on the date of application download :

3.1 Registration

To have access to the IMPULSE FITNESS PLATFORM, COACH VERSION, the USER will have to create a COACH ACCOUNT entering their Instagram username, first name(s), last name(s), email address and password, allowing the IMPULSE FITNESS PLATFORM to gather the information linked to their profile.

The USER assures that all the information they provide are correct, updated and that neither this information nor the logo violate the rights of third parties, whoever they are. The USER undertakes to communicate to IMPULSE SPORTS every necessary update of the data provided at the time of their registration.

Once they have registered, the USER will receive a confirmation email from IMPULSE SPORTS.

 

 

3.2 Payment and invoicing

3.2.1 Payment information

The COACH agrees to provide accurate, current and up-to-date account information.  The failure to maintain accurate, complete and up-to-date account information may result in the inability to access or use the service.

The COACH TRAINING PROGRAM gives access to features mentioned in Article 2 such as personalized training exercises, access to the training content and/or nutritional PROGRAMS.

3.2.2 Prices, commissions and payment terms

The price of eah TRAINING PROGRAM is set by the COACH himself .

The price of each NUTRITIONAL PROGRAM is set by IMPULSE SPORTS.

Prices are presented all taxes included on the day on which the order is confirmed

VAT or any indirect tax is included in the set price (at the rate applicable in the country of establishment of the trainee).

A TRAINING PROGRAM may vary from one COACH to another depending on the selected coach.

A NUTRITIONAL PROGRAM contains several detailed diet recipes according to USER’s desired results or dietary habits, depending on the PROGRAM the USER has selected.

3.2.3 Order process

These Terms of Use shall be effective as from the date when the USERS accept this agreement and shall remain in force until duly terminated by either party in full compliance with these Terms of Services.

The order process occurs in two different ways

3.2.3.1. Order via application

Order of a TRAINING PROGRAM

Order of a NUTRITIONAL PROGRAM

The actual price payable for a TRAINING PROGRAM and/or NUTRITIONAL PROGRAM will depend on the physical location where the account has been created.

3.2.3.2. Order via website

Order of a TRAINING PROGRAM

Order of a NUTRITIONAL PROGRAM

The actual price payable for a TRAINING PROGRAM and/or NUTRITIONAL PROGRAM will depend on the physical location where the account has been created.

3.2.4 Right of withdrawal

As the TRAINEE accepts the terms of service, they shall not be entitled to a refund from IMPULSE SPORTS

By registering on the IMPULSE FITNESS PLATFORM and by accepting the present Terms of Service, the USERS hereby expressly acknowledges that they are expressly losing their right to any withdrawal right as regards the supply of said services. The above express consent is acquired in accordance with the Directive on Consumer Rights (2011/83/EC) as of 25 October 2011, transposed in Luxembourg by Article L.222-9 of the Consumer Code.

3.3 ACCOUNT administration

In case a person does not comply with the present Terms of Service, or in the case that someone would have been previously unregistered from the IMPULSE FITNESS PLATFORM, IMPULSE SPORTS reserves the right to unilaterally refuse their registration with no further justification.

At the time of registration, the USER undertakes to ensure that the information provided to IMPULSE SPORTS are correct and that they will not harm, in any way, third parties’ rights, whatever they are. Consequently, the USER undertakes to communicate to IMPULSE SPORTS every necessary update of the data provided at the time of their registration.

In case of misreading of this general obligation of loyalty, the IMPULSE SPORTS Company reserves the right to unilaterally unregister the USER from the IMPULSE FITNESS PLATFORM without notice.

While creating their ACCOUNT, the USERS are responsible for providing a personal password. The USER is responsible for maintaining the confidentiality of their password. It will be assumed that every connection to a USER’s ACCOUNT with the password they chose will be done by the USER themselves.

The USER shall notify contact@impulsefitness.io of any known or suspected unauthorized use of their password.

The USER is entirely responsible for the information and usernames they provide to IMPULSE SPORTS.

The IMPULSE SPORTS Customer Service Team shall initiate a remotely controlled session to access the customer’s computer in order to fix technical problems or to gain system information to find the origins of an error upon an explicit written approval from the USER.

Any complaint must be placed within 24 hours at IMPULSE SPORTS Customer Service.

The IMPULSE SPORTS Customer Service Team may also carefully investigate reports and other data at its disposal, resorting to any existing means for such effect.

The USER expressly authorize IMPULSE SPORTS to monitor and record their online activities on the platform, process technical data and personal data provided or collected during the registration with IMPULSE SPORTS and after cancellation of their registration during the period necessary for IMPULSE SPORTS to comply with legal requirements.

By accepting these Terms of Service, the USER agrees that IMPULSE SPORTS may also research behavior patterns and trends to improve their experience.

In case of any fraudulent transaction, IMPULSE SPORTS has a right to use all available information at its disposal during any kind of legal procedure. This includes browser history, IP and email addresses and any other traceable activity. During such legal procedures, IMPULSE SPORTS may involve other professional investigator parties and share certain information in order to comply with law requirements, vindicate its rights and represent the best interests of its USERS. The USERS will stay liable for investigation or collection costs related to any fraudulent transaction.

By registering on IMPULSE FITNESS PLATFORM and by accepting this present Terms of Service, USERS agree to indemnify, pay the costs of defense and hold harmless IMPULSE SPORTS S.A., its officers, directors, affiliates, attorneys, shareholders, managers, members, agents and employees from any and all claims, losses, liabilities or expenses brought by third parties arising out of or related to their conduct, statements or actions, as well as breach of any term, condition or promise contained herein and unlawful conduct in the framework of this agreement.

3.4 ACCOUNT deletion

The USER is free to delete their ACCOUNT at any time by sending an email to contact@impulsefitness.io.

All the data and contents linked to this ACCOUNT (information, profile, picture) will then be deleted from the IMPULSE SPORTS PLATFORM.

Please note that once a published TRAINING PROGRAM is followed by one TRAINEE, the COACH will not be able to delete it.

 

 

ARTICLE 4 - CREATION AND ADMINISTRATION OF A PROFILE

Each COACH, once registered, shall complete their PROFILE according to the proposed fields, it being understood that all fields marked with an asterisk (*) must be filled in.

ARTICLE 5 - SEARCH ENGINE

Each TRAINEE of the IMPULSE FITNESS PLATFORM has access to the search engine made available to them by IMPULSE SPORTS. This search engine allows them to find the more relevant fitness influencers known as COACH on Instagram.

To look for a CONTENT, the TRAINEE shall type names in the search bar to obtain results related to it. Suggestions of COACHES will also be made by the PLATFORM.

Afterwards, a list of results will be provided to the TRAINEE with a brief description of the CONTENT as the Meta tags of the original sites have allowed it.

The TRAINEE shall have access to the original CONTENT through the IMPULSE FITNESS PLATFORM. For this reason, the TRAINEE is informed that it regards a technical procedure called “iframe” through which the TRAINEE can see the CONTENT chosen directly on the original site with the environment of the IMPULSE FITNESS PLATFORM.

ARTICLE 6 - ROLE OF THE IMPULSE SPORTS COMPANY

6.1. TRAINING PROGRAMS

In terms of TRAINING PROGRAMS, IMPULSE SPORTS facilitates transactions between TRAINEES and COACHES. Impulse provides a venue for TRAINEES and  COACHES to complete transactions. IMPULSE SPORTS is considered a mere intermediary among the different USERS and does not intervene in any case in the indexed or published CONTENTS on the PLATFORM mentioned. Accordingly, the contract formed is solely between a TRAINEE and a COACH.

Impulse is not a party to this contract nor assumes any responsibility arising out of or in connection with it.

The Coach is responsible with any Trainee claims or any other issue arising out of or in connection with the contract between the Trainee and Coach.

6.2. OTHER CONTENT

IMPULSE SPORTS provides and is responsible for the publication of the following CONTENTS:

The information given in the NUTRITIONAL PROGRAMS and DIET TIPS section provided by IMPULSE should not be interpreted as a substitute for physician consultation, evaluation or treatment.

ARTICLE 7 - OBLIGATIONS OF THE PARTIES

7.1 COACH’s obligations

Each COACH is solely responsible for the all the CONTENTS they publish online on the IMPULSE FITNESS PLATFORM.

EACH COACH certifies that :

Each COACH has the obligation to:

 

7.2 TRAINEE’s obligations

In the context of the use of the IMPULSE FITNESS PLATFORM, EACH TRAINEE undertakes to not harm public order and commits themselves to comply with the laws and rules in force, respect the COACHE’S rights and the clauses of these Terms of Use.

Each TRAINEE is solely responsible for all the personal data they publish on their profile and will not give out personal information.

EACH TRAINEE certifies that :

Each TRAINEE has the obligation to:

7.3 IMPULSE SPORTS’s obligations

IMPULSE SPORTS’s general obligation is an obligation of means. Therefore, IMPULSE SPORTS has no obligation of results or enhanced means of any kind.

ARTICLE 8 – CONTENT PUBLISHED BY THE COACH

Each COACH can publish CONTENTS on the IMPULSE FITNESS PLATFORM. The completeness, the veracity, the accuracy, or the reliability of the published CONTENTS are not controlled or guaranteed at any time by IMPULSE SPORTS, which has a mere role of mobile application.

8.1 WHOLE OF CONTENTS

The COACH grants IMPULSE SPORTS the right of use on the IMPULSE FITNESS PLATFORM of all the CONTENTS published by them. This right of use is granted for the whole world and as long as the COACH is registered on the IMPULSE FITNESS PLATFORM.

However, here is a reminder of the especially forbidden CONTENTS:

The publication of content on IMPULSE FITNESS PLATFORM does not mean that IMPULSE SPORTS supports the author or takes the responsibility for such content.

IMPULSE SPORTS makes, to the extent permitted by law, no warranties or representations as to the information provided through or in connection with its PLATFORM. USERS use of the service is at their own risk.

IMPULSE SPORTS cannot give warranty of the published contents in terms of their correctness, accuracy, timeliness and reliability or otherwise.

Neither IMPULSE SPORTS nor any party involved in creating, producing, or delivering the content is liable for any direct, incidental, consequential, indirect or punitive damages arising from the access to or use of the services or information provided by or through IMPULSE SPORTS, without prejudice to the terms established below in the present Agreement.

Due to its mere role of technical intermediate regarding CONTENT published by the COACHES, IMPULSE SPORTS undertakes to removing any clearly illicit element or CONTENT appearing on the IMPULSE FITNESS PLATFORM as soon as it has been acknowledged.

In order to be validated, this notification shall to take into consideration all the following elements :

Moreover, it has been stated that each USER shall also use the notification system of illicit elements or CONTENTS through the tab “moderation” and justify the illicit nature of the notified element.

8.2 ENGINE SEARCH

IMPULSE SPORTS has a role of aggregator of CONTENTS to present the search results done by the USER based on the indexations done and the restriction measures edited by the original Internet sites. It does not proceed to any commercial exploitation of the temporary copies of the indexed CONTENTS which are used only with the purpose of allowing the good working order of the IMPULSE FITNESS PLATFORM.

8.3 RESPECTING THE INTELLECTUAL PROPERTY RIGHTS

IMPULSE SPORTS respects the third parties’ rights of intellectual property. IMPULSE SPORTS trusts that the USERS also conform to them.

As a mobile platform, IMPULSE SPORTS will reply to the notifications of illicit contents it shall receive and the justification of their ownership and precedence for infringing intellectual property rights.

ARTICLE 9 - DISCLAIMER OF WARRANTIES

The services are provided on an "as is" basis. IMPULSE SPORTS makes no warranties of any kind, express or implied, including  without limitation:

To the full extent permissible under applicable law, IMPULSE SPORTS disclaims any and all such warranties.

Because IMPULSE SPORTS is not a party at the transaction between the COACH and the TRAINEE, if a dispute arises between them, each of them release impulse from claims, demands and damages of every  kind and nature arising out of or in any way connected with such disputes.

To the fullest extent permitted at law, IMPULSE SPORTS will not be liable (whether in contract, tort--including negligence, or under  any statutory implied term) for any damages of any kind including without  limitation direct, indirect, incidental, punitive, special and consequential  damages (including, without limitation, loss of profits, loss of revenue or  loss of data) arising out of or in connection with the terms of service,  the site, the service, the inability to use the service or those resulting from  any training program purchased or obtained to the site,  whether or not impulse has been advised of the possibility of such damage

ARTICLE 10 - INTELLECTUAL PROPERTY

The PLATFORM, as well as the brands, logos, slogans, graphic designs, pictures, animations, videos and texts present on the IMPULSE FITNESS PLATFORM, other than those communicated by the USERS, are exclusive IMPULSE SPORTS’s property and may not be reproduced, used or represented under penalty of legal prosecution.

Every complete or partial reproduction of the PLATFORM and the elements of the IMPULSE FITNESS PLATFORM, independent of the process is forbidden and constitute counterfeiting under penalty of legal prosecution by the articles 82 to 87 of the Law of 18 April 2001 on Copyright, Neighboring Rights and Databases

Furthermore IMPULSE SPORTS expressly forbids:

As such, the USER commits themselves to not use any element of the IMPULSE FITNESS PLATFORM without the given authorizations in the context of these Terms of Use.

 

 

ARTICLE 11 - PROTECTION OF PERSONAL DATA

Concerning the use of the IMPULSE FITNESS PLATFORM, IMPULSE SPORTS can collect data including personal data as defined in the Luxembourg Data Protection Act dated 2 August 2002 necessary to the execution of the services provided by the IMPULSE SPORTS PLATFORM, especially:

IMPULSE SPORTS takes serious security measures to grant maximum protection to information against unauthorized access, modification, disclosure or deletion of data. USERS details are always protected by highly sophisticated security system.

The USERS may obtain a copy of any personal information that IMPULSE SPORTS process and ask for rectification of any incorrect personal data, upon written request to contact@impulsefitness.io.

If the USERS would like to oppose the processing of personal data by IMPULSE SPORTS, they are entitled to cancel their registration on IMPULSE SPORTS at any time.

In accordance with the amended Luxembourg Data Protection Act of 2 August 2002 and the Law of 30 May 2005  on the protection of persons with regard to the processing of personal data, the USERS have certain rights including, among others, the right to access the information collected on them and the right to correct any inaccurate information.

They can exercise these rights by writing to: contact@impulsefitness.io. The USERS undertake to respect all the legal provisions related to the protection of personal data.

ARTICLE 12 - MODIFICATION

IMPULSE SPORTS reserves the right to update and modify the Terms of Use at any moment. The modifications done will enter into force in the 2 days following their online update on the IMPULSE FITNESS PLATFORM.

The USERS shall find out about these modifications at the following URL address: http: //impulse-sports.com/

ARTICLE 13 - GENERAL PROVISIONS

13.1 Entire Agreement

No indication or no document can generate an obligation not included in these Terms of Use, if it hasn’t been the object of a new agreement among the PARTIES.

13.2 Severability

The fact that one of the PARTIES had not demanded the PLATFORM of any clause of these Terms of Use, in a permanent or temporary way, shall not be considered in any case as a renunciation of the clause concerned.

In case of difficulties interpreting any of the headlines of the clauses and any of these clauses, the articles will be declared inexistent.

If any of the stipulations of these Terms of Use would be declared null concerning a legal provision or law in force or/and a juridical decision having the authority to judge it, it will be considered not written, but it will not affect by any means the validity of the other clauses which remain totally relevant.

13.3 Governing law and place of jurisdiction

These Terms of Use are submitted to the Luxembourgish law.

SUBJECTED TO THE EFFECTIVE PUBLIC POLICY PROVISIONS RELATED TO THE JURISDICTION, THE COURTS OF THE GRAND DUCHY OF LUXEMBOURG  WILL BE THE ONLY ONES COMPETENT TO KNOW ANY POTENTIAL DISPUTE RELATED TO THESE TERMS OF USE.

This Terms of Service and the relations arising out from it between IMPULSE SPORTS and the USERS will be governed by the law of Grand Duchy of Luxembourg.

 

13.4 Dispute Settlement

 

Any disputes arising between IMPULSE SPORTS and the USERS will be settled amicably and only when this solution is not efficient, the competent jurisdiction for the disputes arising from this Agreement will be the courts of the Luxembourg city.

However, prior to any judicial recourse, a negotiation in a spirit of loyalty and honesty will be privileged in order to reach a gentlemen’s agreement in case of any conflict that should happen related to these Terms of Use, including concerning its validity.

The part wishing to start the negotiation process shall inform the other part by a registered letter with an acknowledgement of receipt informing of the elements of the conflict. If after fifteen (15) days the parties cannot reach an agreement, the dispute shall be submitted to a competent court determined hereinbefore.

During the negotiation process and until its end, the parties are forbidden to exercise any other legal proceedings against one another and for the object conflict of the negotiation. Exceptionally, the parties are authorized to refer to the court of first instance or solicit a judgment of an order on request. A potential lawsuit before the court of first instance or the beginning of a proceeding on request does not lead on behalf of the parties to any renunciation to the clause.