TERMS AND CONDITIONS Holosweat app (hereinafter: the “App” or “Holosweat”) is operated by company Exponent GmbH registered in Switzerland, Binzallee 26, Zürich with company number UID CHE-257.333.635 (hereinafter: “we”, “us”, “our” or the “Company”). Thank you for downloading Holosweat, with the intended purpose of virtual reality workouts. Contents 1. Agreeing to our Terms and Conditions 2. Privacy policy 3. Content Restrictions 4. Violation of Terms and Conditions 5. Copyright and Trademark Policy 6. Warranty disclaimer 7. Liability disclaimer 8. The exceptions in relation to some jurisdictions 9. Subscription 10. The right to delete or deactivate your account 11. Changes to our Terms and Conditions 12. Governing law and jurisdiction 13. Contact us 1. Agreeing to our Terms and Conditions (1) By downloading and using the App, you agree to be bound by these terms and conditions (hereinafter: the “Terms and Conditions”). These Terms and Conditions are a legal and binding contract between you and the Company and determine your use of Holosweat. (2) Company grants you revocable, non-exclusive, non-transferable, limited right to install and use Holosweat on a device owned and controlled by you and to access and use the App strictly in accordance with this Terms and Conditions and any other service agreement associated with your device. 2. Privacy policy As part of these Terms And Conditions, your use of Holosweat is subject to our privacy policy as well, available at http://go.holosweat.com/privacy. 3. Content Restrictions (1) In terms of this article word “content” refers to text, images and/or other information that can be posted, uploaded, linked to or otherwise made available by you or any other user of the App or third person. (2) Your use of the App is subject to prohibition of the following objectionable content (including, but not limited to): - unlawful activities or promoting unlawful activities, engaging in any misleading or deceptive online marketing practices - defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups - spam, constituting unauthorised or unsolicited advertising, chain letters, pyramid schemes any other form of unauthorised solicitation or engaging in other flooding techniques or mass distribution of unsolicited e-mail - containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person - engaging in any action that requires, or may require, an unreasonable or excessively large load on infrastructure of the App - infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights which includes but is not limited to reproducing, duplicating, copying and storing any of the material which is part of this App (does not apply on your own non-commercial use) - adapting, modifying, translating, reformatting, decompiling, reverse engineering, disassembling any of the material contained on this App - impersonating any person or entity including the Company and its employees or representatives and/or misrepresentation of an affiliation with any person or entity - falsely implying that any other app is associated with this App - using the App to transmit any information or material that may be considered as abusive, threatening, harmful, offensive, unlawful, defamatory, plagiarised, disreputing and/or may be considered as violating the privacy of any third person and/or may be considered as breach of any duty of confidentiality by which you are bound. (3) The Company reserves the right, in its sole discretion, to determine whether any content is appropriate and complying with Terms and Conditions, refuse, remove and/or edit any content which it finds as inappropriate and non-complying with Terms and Conditions. (4) In case of posting or using content that is inappropriate and non-complying with Terms and Conditions in any relation to the App, the Company has the right to limit or revoke your use of the App. (5) The Company is not responsible for the content made available by you or any other user of the App or third person. You understand and agree that you are solely responsible for the content and for all activity that occurs under your account, non-regard to which person is using your account. (6) By using the App you are aware that you may be exposed to content that is inappropriate and non-complying with Terms and Conditions (e.g. the content that you may find as offensive or incorrect) and you agree that the Company shall not be liable in any way for such content or any loss or damage of any kind incurred as a result of your use of any content. (7) The Company is not responsible for any loss or corruption of content and/or other data but will provide support and attempt to resolve any discovered issues in relation to loss and/or corruption of content and/or other data. 4. Violation of Terms and Conditions The Company has the right to limit or revoke your use of the App: - in case of posting or using content that is inappropriate and non-complying with Terms and Conditions in any relation to the App (provision 3. (4) of Terms and Conditions) - in case you breach any other provision of Terms and Conditions - the Company believes that your actions may cause damage and/or legal liability to the Company and/or its users or any third person - the Company is unable to verify or authenticate the information provided by you. 5. Copyright and Trademark Policy (1) This App, all of its content, all software, systems and other information owned and/or used by the Company in relation with this App is the property of the Company and is protected by applicable copyright laws and solely the Company is allowed to transfer such rights on third person (licensing). (2) You acknowledge that you are not allowed to reproduce, transmit, republish, prepare derivative works of the App or of its content, software, systems and other information owned and/or used by the Company without prior written consent of the Company. (3) You are allowed to use the content of the App for your own personal and non-commercial use. (4) The look and name of the App is the trademark of the Company and such trademark may not be used, copied and/or imitated in whole or in part, without the prior written consent of the Company. (5) If you believe that the App contains material that infringes upon any copyright and/or trademark which you own (or are authorised on behalf of the owner) you may submit your notice in writing and include a detailed description of the alleged infringement and URL or other specific location where the material you claim is infringing is located. Upon receipt of a notification, the Company shall take action that it finds appropriate, including removal of challenged content and/or revoking and/or limiting the rights to use the App to the user by which the infringement was made. 6. Warranty disclaimer (1) The Company makes no warranty and/or guarantee that (including, but not limited to): - the App will meet your requirements or achieve intended results - the App is free of errors, defects, harmful components (such as viruses, trojan horses, worms or other harmful components) and that the use of this App is completely secure - that the App will be error-free and will work without interruption - the content and software are reliable, accurate and/or complete - the App is compatible or works with any other software, hardware, applications, systems or services (2) You acknowledge that the App is provided on an “as is” and “as available” basis. (3) To the maximum extent permitted by applicable law, the Company disclaims all warranties (express, implied, statutory or otherwise) with respect to the App, including all implied warranties of merchantability, title and non-infringement and warranties that may arise out of course of dealing, course of performance, usage or trade practice. 7. Liability disclaimer (1) To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the App, third-party software and/or third-party hardware used with the App, or otherwise in connection with any provision of this Terms and Conditions. (2) Some people may experience dizziness, seizures, or other issues brought on by light flashes or patterns while experiencing virtual reality or watching video screens, or it may result in physical injury and/or damage to the property. These are the risks of using virtual reality apps and they cannot be completely excluded. By accepting these Terms and Conditions you acknowledge the risk. You should immediately stop using the App if something of the above occurs. You must ensure that the space in which you are using the App is secure and free of persons and/or objects which you may come into contact with. (3) Instructions on how to perform the exercises which are part of the App are made with the best knowledge and intentions of the Company. That does not excuse the user from the obligation of consulting medical experts and licensed fitness trainers in order to determine whether our instructions are consistent with the user's physical condition. By accepting these Terms and Conditions you acknowledge the risk of not consulting medical experts and licensed fitness trainers as above. (4) The Company advises not to use the App in case you are pregnant or you suspect pregnancy and shall not be liable for any injuries or miscarriage that may be brought into connection with using the App. The Company advises not to use the App in case you have any disease or condition that could make use of the App unsafe for your health, and shall not be liable for any injuries and/or health deterioration that may be brought into connection with using the App. By accepting these Terms and Conditions you acknowledge the risk of the above. (5) By accepting these Terms and Conditions you acknowledge that the consumption of audio or video content during exercises may increase the likelihood of personal injury, damage to third parties or property and that you take full responsibility for the damage in that case as well. To the maximum extent permitted by applicable law, in no event shall the Company be liable for such injury and/or damage. (6) By accepting these Terms and Conditions you acknowledge that the App is not considered as a fitness product and it is intended primarily for entertainment purposes. In no event shall the Company be liable for the results and/or user’s expectations of using the exercises which are part of the App. (7) Numbers which the App presents (such as number of calories burnt during exercises) are estimated in good faith, but there are no guarantees regarding their precision, mainly since it may vary depending on numerous factors (such as previous workout experience, age, genetics, etc.). (8) Using the App requires an internet connection and certain data space on the device on which you are using the App. The Company shall not be responsible for impossibility and/or limitations in using the App, which are the result of the above. You acknowledge that your internet service provider may charge you for data cost during your use of the App and that third party charges may occur. The Company shall not be responsible for the above. (9) The term “Company” as stated above also refers to Company’s employees, suppliers, partners, consultants and licensors. 8. The exceptions in relation to some jurisdictions Some jurisdictions do not allow the exclusion of certain types of implied warranties or limitations, so some or all exclusions and limitations under provisions 7. and 8. hereto may not apply to you. But in those cases the exclusion of certain types of implied warranties or limitations shall apply to the greatest extent enforceable under the applicable law. 9. Subscription (1) Subscribing the App grants you the right to use the App. Your subscription may not be used by other people or organisations. (2) The subscription runs from the date of payment to the end of the subscription period you chose. The minimum subscription period is one month. (3) Your subscription may be terminated following the instructions through the App, free of charge. In case you decide to terminate the subscription for a period of subscription already initiated, you will not be entitled to a refund for that subscription period. (4) In case you subscribed for the App but you are not actively using it during the subscription period or you claim that the App did not meet your requirements or achieve intended results you will not be entitled to a refund for that subscription period. (5) Prices for each service item are listed in the App and are accessible to you before the payment is made. The Company keeps the right to increase and/or alter the prices of service items in which case the Company will notify the existing subscribers on such price increasement and/or alteration as well as list the new prices in the App itself. The Company guarantees that no price increases will be applied to you for the subscription period that is already initiated at the moment of the price increase. (6) If the subscription is not paid at the due date, access to the App may be blocked or limited until receipt of payment. The Company will not be responsible for any loss, damage, costs, expenses or other claims resulting from the suspension of the App in such cases. (7) The Company aims to provide the highest possible degree of operating stability but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in hardware, internet connection, viruses, trojan horses, worms or other harmful components. In all events, the Company aims to re-establish normal operations as quickly as possible and you will not be entitled to a refund for the period you could not use the App due to such breakdown. (8) The Company is entitled to make operational changes to the App for improvements or otherwise (for example by updating a software) without giving you prior notice. In some exceptional circumstances, it may be necessary to suspend access to the App for a shorter period of time. 10. The right to delete your account (1) You have the right, without any prior notice to the Company or approval of the Company to delete your account on the App, following the instructions through the App. (2) Once you delete your account your profile, photos, videos and every other type of content you’ve added will be permanently deleted and/or made unavailable which you acknowledge by accepting these Terms and Conditions. 11. Changes to our Terms and Conditions (1) We will continually review our policies and procedures, therefore there may be updates to our Terms and Conditions. You will be informed about any changes to our Terms and Conditions. (2) These Terms and Conditions were last updated on 2023/03/19. 12. Governing law and jurisdiction These terms and Conditions will be governed by the laws of Switzerland. The parties submit to the jurisdiction of a competent court in Zurich in case of any dispute arising from matters regulated by this Terms and Conditions and from use of the App and/or content related to the App. 13. Contact us If you have any questions about our Terms and Conditions or have any concern or dispute about the App, feel free to contact us by using the form from the App.