GTC - General Terms & Conditions

viRACE is a platform of Quevita AG (“viRACE” or “we”), headquartered in Olten, Switzerland. viRACE is one of several applications in the product portfolio of Quevita AG. Other products include 2PEAK, running.COACH, and step.COACH.

We love our community, and the platform and services only work with an active community. We always strive to meet the needs and concerns of our community. We have compiled these Terms and Conditions because our business and platform may lead to potential legal questions and situations for us and the members of our community.

These Terms and Conditions (“T&C”) apply to your access to and use of online services provided by the viRACE platform. They encompass the online services we provide through our websites and mobile applications (collectively, the “Platform”).

If you have any questions about these Terms and Conditions or our platform, please contact us at [email protected]

Information on how we collect, use, disclose, and otherwise process information and data related to you can be found in our Privacy Policy at https://virace.app/privacy

Registration

viRACE is available to all registered users. Registration is free. We reserve the right to charge a fee for additional premium services offered by viRACE.

By registering as a viRACE user, you accept these T&C.

Each user can only register on viRACE once. By registering, they guarantee that they are not already a member or that they have not previously deleted their own account.

Users must complete the mandatory fields on the registration form fully, correctly, and truthfully. It is prohibited to register a user with false or otherwise unacceptable information.

Users do not have an explicit right to enter into a usage agreement. viRACE has the right to refuse registrations without giving reasons.

Identification of individuals on the internet is limited. Therefore, viRACE cannot guarantee the correctness of a user's actual identity. Each user must verify the identity of other users themselves.

Account Deletion

If a user wants to delete their viRACE account, they can terminate the usage agreement at any time without giving reasons and without observing a notice period.

It is sufficient to click the “Delete My Account” button. Alternatively, the user can also terminate their membership by sending an email to [email protected].

viRACE can also terminate the usage agreement at any time without giving reasons and without observing a notice period.

Once an account has been successfully deleted, all personal data of the user will be permanently deleted from the platform.

General Terms of Use

Generally, no claims can be made from the use of the viRACE app. Users use viRACE at their own risk. The user is solely liable for any damage to their own system resulting from the use of viRACE.

viRACE does not guarantee the correctness of data or information related to third-party websites.

All users are prohibited from using technical inventions (such as running scripts, attempted hacking attacks, the spread of viruses, computer worms, trojans, brute force attacks, etc.) to impair the functionality of viRACE.

It is also prohibited for users to use viRACE for the dissemination of discriminatory, defamatory, racist, pornographic, violent, or other illegal data or statements.

Users are prohibited from using viRACE for the dissemination of advertising, political contributions, mass mailings, chain letters, or contests.

Information about other users must not be collected, stored, or disseminated in any way unless the relevant user has expressly consented to it.

Information and email addresses of other users must not be used for commercial purposes or for the purpose of unsolicited distribution of advertising materials.

All applications exist within the framework of the current state of technology. For certain services, it may be necessary to introduce temporary restrictions (capacity limits, security releases, etc.). Users will be informed about planned maintenance work accordingly.

The viRACE platform also contains links to content from third parties.

For the provision and execution of application services, viRACE has the right to disclose user data to partners for the provision of services.

For usability purposes, viRACE may share profile data with sister products running.COACH and 2PEAK.

If legal regulations or court or official orders require viRACE to do so, viRACE has the right to disclose user data.

Competition

At some viRACE events, there is a prize draw for prizes from partners and sponsors of the event and the platform after the finish line. Neither Apple nor Google sponsors these prizes and is not involved in the draw. Legal recourse is excluded. No correspondence will be conducted regarding the competition, except with the winners.

User Responsibilities

The password selected during registration must be kept confidential and not shared with third parties.

Users are prohibited from enabling third parties to use viRACE with other information. If viRACE incurs damage from an account, the account holder is fully liable.

Users are generally obliged to immediately inform viRACE of violations of these T&C or other abusive actions if there is appropriate evidence.

Users are obligated to promptly inform viRACE if there is reason to believe that a third party has gained knowledge of access data and/or has abused the account.

Copyrights and Usage Rights

If a user publishes legally protected content (text, images, videos, graphics, links, etc.) via viRACE, the user is fully liable. The user must ensure that no third-party rights (copyrights, usage, trademark, or personality rights) are violated.

If third parties make legal claims, the user is fully liable. viRACE disclaims all liability. The user bears all costs for necessary legal defense in accordance with statutory rates (court and attorney fees).

In the event that third parties make claims, the user is obliged to promptly provide viRACE with all available information that may be necessary to clarify the matter and defend against it.

Additional claims for damages that viRACE has against the user remain unaffected.

viRACE reserves the right to remove this type of content and/or links to other content without notice if viRACE has a specific reason to believe that the publication of said content constitutes a violation of legal provisions or the T&C.

All attempts to use the available content for business, commercial, or other commercial purposes are strictly prohibited.

Except in cases permitted by law, the content made available via viRACE must not be copied, distributed, or otherwise made publicly accessible in any way unless the relevant rights holder has allowed this.

The user grants viRACE a comprehensive right to use the materials on viRACE.

The further use of source code by viRACE is excluded.

Sanctions for Contract and Duty Violations

Compliance with the T&C is essential for the proper functioning of viRACE. Therefore, viRACE imposes sanctions on users if viRACE has specific reason to believe that a user has violated legal provisions, good morals, or the T&C or has infringed the rights of third parties.

Furthermore, viRACE has the right to remove content that violates rights from the viRACE network without notice.

In choosing sanctions, viRACE takes into account the legitimate interests of the respective user.

The following measures are available to viRACE: deletion of a user's content, warning of a user, temporary or permanent blocking of an account, and deletion of an account.

Blocked users are prohibited from re-registering with viRACE.

Data Protection

The protection of personal data is of the highest priority at viRACE. viRACE includes data protection provisions to inform users and visitors how personal data is processed.

viRACE's data protection provisions are available and printable at any time at https://virace.app/privacy

https://virace.app/privacy

Future Changes

viRACE reserves the right to change this data protection policy at any time. Please check it occasionally. If viRACE makes changes to this data protection policy, the updated data protection policy will be published in a timely manner. If we make changes that we deem essential, we will provide clear notice. If you object to changes to this data protection policy, you should discontinue using the services and delete your account.

Final Provisions

If individual provisions of these T&C are or become invalid, the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by an effective provision that the parties would have agreed to if they had been aware of this matter at the time of contracting. This is to ensure that the same or at least a similar economic success is achieved. The same applies to gaps in contracts that are discovered.

If individual provisions of these T&C are no longer enforced, this does not mean that this provision has been implicitly repealed.

If additional regulations become necessary in the interest of smooth operation, the contracting parties shall introduce them in accordance with these T&C and a fair balancing of interests.

These T&C and the contractual relationship between viRACE and the user are exclusively subject to Swiss law. The place of jurisdiction is the registered office of viRACE.

However, this choice of law is only applicable to the user insofar as the protection granted by mandatory provisions of the legal system of the user's country of residence has not been withdrawn.

viRACE has been developed with the utmost care. However, all information provided is without guarantee. Liability for disadvantages or damages arising from the information provided is rejected. We recommend a general check of your health with your doctor before starting training.

For the sake of readability, only the masculine form is used in the Terms and Conditions. However, both genders are always meant, unless expressly stated otherwise.

These Terms and Conditions for the use of the viRACE platform apply to all users who have successfully registered in accordance with these Terms and Conditions since April 10, 2020, or, if they registered earlier, from the date these Terms and Conditions were agreed upon.

Quevita AG

Industriestrasse 78

CH-4600 Olten

[email protected]