General Terms and Conditions (GTCs)

viRACE is a platform by Quevita AG (“viRACE” or “we”), with its headquarters in Olten, Switzerland.  viRACE is a community-driven platform (“platform”).

We love our community and the platform and service only works with an active community. We always want to be responsive to the needs and concerns of our community. We put these terms of service together because our business and platform present potential legal issues and situations for us and members of our community. Please understand that these terms are intended only to be ground rules, that we welcome and encourage you to find new ways to be passionate about viRACE and that we are excited to continue working together to get more people, more active, more often.

These General Terms of Service (“GTC”) apply to your access to and use of the online services provided by the platform viRACE. They include the online services we make available via our websites and mobile applications (collectively, the “platform”).

If you have any questions about these Terms or our Platform, please contact us at info@quevita.net. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy at virace.app/privacy.

Registration

  • viRACE is available to all registered users. Registration is free. We reserve the right to charge a fee for the additional premium services of viRACE.
  • By registering as a viRACE user, you are accepting these GTCs.
  • Each user may only register with viRACE once and by registering guarantees that he is not already a member or that he has already deleted any existing account he had.
  • To register, the user must fill out the mandatory fields on the registration form completely, correctly and truthfully. It is strictly forbidden to register a user with incorrect or otherwise unacceptable information.
  • When creating a user account (hereinafter: “account”), the user must enter his correct, given name.
  • Users are not expressly entitled to conclude a contract of use. viRACE is entitled to refuse any registration without the need for justification.
  • Identification of people on the Internet is only possible to a limited extent. Consequently, viRACE cannot provide any guarantee of the correctness of the actual identity of a user. Every user must convince himself of the identity of other users.

Deleting an account

  • If a user would like to delete his viRACE account, he may terminate the contract of use at any time without the need for justification and without the need to comply with any notification periods.
  • It is sufficient to click on the “Delete my account” button. Alternatively, the user can also cancel his membership by sending an e-mail to info@virace.app
  • viRACE may also terminate the contract of use at any time without the need for justification and without the need to comply with any notification periods.
  • Once an account is deleted successfully, all the user’s personal information is permanently deleted from the platform.

General terms and conditions of use

  • As a fundamental rule, no claims can be asserted with respect to the use of the viRACE APP. Users use viRACE at their own risk. The user is exclusively liable for any damage sustained to his personal system arising from the use of viRACE.
  • viRACE does not provide any guarantee of the correctness of the data or information linked to on third-party websites.
  • All users are prohibited from using technical interventions (such as running scripts, hacking attempts, distribution of viruses, worms, Trojan horses, brute force attacks, etc.) to compromise the functioning of viRACE.
  • It is also prohibited to use viRACE to disseminate discriminatory, defamatory, racist, pornographic, violent or any other illegal data or statements.
  • The user is prohibited from using viRACE to disseminate advertisements, political contributions, bulk mails, chain letters or competitions.
  • No information concerning other users may be collected, saved or distributed in any other way unless the user in question has provided his explicit authorisation.
  • The information and e-mail addresses of other users must not be used for commercial purposes or the sending of unsolicited advertising materials.
  • All applications exist only within the scope of the current state of the art of the technology. It may prove necessary for certain services to be subjected to temporary restrictions (capacity limits, security releases, etc.). Users will be notified of expected maintenance periods accordingly.
  • The viRACE platform also includes links to third-party contents. These third-party contents are identified with a corresponding notice, e.g., “Advertisement” or “Presented by”. If and insofar as the conclusion of a contract is offered in connection with these third-party contents, this is then concluded exclusively with the respective responsible party identified as offering it.
  • viRACE is entitled to supply user data to partners for the performance of premium services.
  • Insofar as legal, judicial or official regulations oblige viRACE to do so, viRace is entitled to supply user data.

User obligations

  • The password selected during registration must be treated confidentially and not provided to third parties.
  • Users are prohibited from allowing third parties to use viRACE with other information. Should viRACE incur any damages arising from an account, the account holder shall be liable without restrictions.
  • Users are fundamentally obliged, in the presence of sustained evidence, to inform viRACE immediately of any breaches of these GTCs or other misuse.
  • Users are obliged to inform viRACE immediately if there is reason to suspect that a third party has become aware of access data and/or misused an account.

Copyrights and rights of use

  • In so far as a user makes legally protected contents publicly available via viRACE (text, images, videos, graphics, links, etc.), the user bears full responsibility. The user must ensure that no third-party rights (copyright, right of use, trademark rights or personal rights) are infringed upon.
  • Should third parties assert claims, the user shall be absolutely liable. viRACE does not accept any liability. The user shall bear the full cost of any necessary legal defence in the statutory amount (court costs and legal fees).
  • In the case that third parties assert claims, the user is obliged to provide viRACE immediately with all the information available to him that may be required for the investigation of the matter and for its defence.
  • Additional claims for damages that viRACE has over the user shall remain unaffected.
  • viRACE reserves the right to remove this type of contents and/or links to other contents without prior notice, if and insofar as viRace has specific reason to believe that making said contents publicly available constitutes a breach of statutory provisions or the GTCs.
  • All attempts to use the available contents for business, industrial or any other commercial purposes are strictly prohibited.
  • With the exception of the legally admissible cases, the contents made available via viRACE must not be copied, distributed or made publicly accessible in any other way without the permission of the respective holder of rights.
  • The user grants viRACE a complete right of use for the further use of the material on viRACE.
  • The further use of any source codes by viRACE is hereby excluded.

Sanctions in case of breaches

  • Compliance with the GTCs is essential for the correct functioning of viRACE. Consequently, viRACE imposes sanctions on users if it has specific reason to believe that a user has breached statutory provisions, the accepted principles of morality or the GTCs or has infringed upon third-party rights.
  • In addition, viRACE is also entitled to remove incriminated contents from the viRACE network without prior notice.
  • When selecting the sanctions to impose, viRACE shall take the legitimate interests of the user in question into account.
  • The following measures are available to viRACE: deletion of a user’s contents, the issuing of a caution to a user, the temporary and permanent blocking of an account and the deletion of an account.
  • Blocked users are prohibited from reregistering with viRACE.

Data protection

  • The protection of personal information is of the utmost importance to viRACE. viRACE includes data protection provisions to inform users and visitors of how the personal information is processed.
  • The viRACE data protection provisions are available to view and print using the “Data protection” link at all times.

Future amendments

  • viRACE reserves the right to amend the provisions of these GTCs at any time without the need for justification.
  • Users will be notified of amendments per e-mail two weeks prior to their coming into force. If the user does not object to the amendments within this period, the amendments shall be deemed to be accepted and mutually agreed upon.
  • viRACE undertakes to inform the user specifically of the significance of this two week period in the e-mail containing notification of the amended provisions.
  • If the user objects to the application of the new GTCs within the specified period, viRACE is authorised to terminate the contractual relationship with the user fairly with a period of notice of 14 days and to delete the account after a further 14 days have elapsed.

Final provisions

  • Should individual provisions of these GTCs be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced with a valid one that the parties would have concluded, had they been aware of the issue at the time the contract was concluded, in order to achieve the same or at least a similar economic success. The same shall apply for any loopholes discovered in the contract.
  • Should individual provisions of these GTCs cease to be enforced, this shall not be taken to mean that provision in question has been tacitly repealed.
  • Should supplementary regulations prove necessary in the interest of smooth business operations, the parties shall introduce these in line with the aim of these GTCs and fair coordination of interests.
  • These GTCs and the contractual relationship between viRACE and the user are exclusively subject to Swiss law. The legal venue is the headquarters of viRACE.
  • However, this choice of law shall only apply to the user insofar as the protection granted by compulsory regulations of the country’s legal system in which the consumer resides is not withdrawn
  • viRACE has been developed with great care. Nevertheless, all information is provided without guarantee. No liability is accepted for any disadvantages or damages arising from the information provided. We recommend scheduling a general check-up with your doctor prior to commencing the training.

For simplicity reasons, the General Terms and Conditions always use the masculine form of words to refer to people. However, it should be understood that both sexes are always inferred unless expressly stated otherwise.

These General Terms and Conditions for the use of the viRACE platform apply for all users who have successfully registered since 10th April 2020 in agreement with these General Terms and Conditions or, if they had already registered at an earlier point in time, from the point at which these General Terms and Conditions were agreed with.

Quevita AG
Industriestrasse 78
CH-4600 Olten
info@quevita.net