Effective: March 8th, 2021
Users or others who download, use the Quambio’s app and content available on or via Quambio affiliated websites, or otherwise interface with or access the Quambio affiliated websites or services (collectively or individually “you” “user” or “users”) must do so under the following Quambio terms and conditions of use (“terms”).
By accessing, using or uploading or downloading any information or materials to or from the services, or by indicating your assent to these terms by creating an account, clicking “sign up” or any similar mechanism, you are agreeing to the these terms. If you do not agree to the these terms, do not access or use the services. By using the services, a user therefore agrees, represents and warrants that:
he or she has received consent from his or her physician to participate in any programs, workouts, exercises, or any other fitness or health related activity provided by Quambio or displayed as content on its affiliated websites.
If you access or use the services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the services. These terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The services cannot be provided and the agreement described in these terms cannot be performed without Quambio processing data about you, and other Quambio members, including your location data. Processing of the data you share with Quambio, including location data, is essential to the services which we provide and a necessary part of our performance of the agreement we have with you.
Ownership and proprietary rights
The services are owned and operated by Quambio. The Quambio software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the services (collectively, the “materials”) are protected by Swiss copyright, and all other relevant intellectual property and proprietary rights, and applicable laws.
All materials and components contained in the services are the property of Quambio or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the services are proprietary to Quambio or its affiliates and/or third-party licensors. Except as expressly authorized by Quambio, any and all users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials.
Users agree that the information that they provide Quambio upon registration and at all other times will be true, accurate, current, and complete. Users also agree that they will ensure that this information is kept accurate and up to date at all times.
When a user registers as a member and obtains an account, he or she will be asked to provide a password. Because a user will be responsible for all activities that generate from his or her account, and one can only access his or her account upon the transmission of the associated password, a user should keep that password strictly confidential at all times. a user must notify Quambio immediately of any unauthorized use of his or her password or if he or she believes that password is no longer confidential. Quambio reserves the right to suspend a user’s account and/or require that such user alter his or her password if we believe for any reason that such user’s password is no longer secure. A user may not share his or her Quambio account password with any other person for any reason.
Wireless carrier and device considerations
To use or access our applications, you will need a compatible device. We cannot guarantee the applications will be compatible with, or available on, your device. we do not charge for access and use of the app. However, your phone company's normal messaging, data, and other rates and fees may still apply.
Text and mobile messaging express consents
By downloading or using our applications, you expressly agree we may communicate with you regarding transactions you have initiated on the services or respond to your communications to us through the services by sms, mms, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us automatically form your device. We will not send you direct messages of a marketing nature without your prior express written consent and you can opt out of receiving any marketing messages from us at any time.
Mobile application license
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications downloaded directly from a legitimate marketplace or directly on https://www.quambio.ch/, solely for your personal use for lawful purposes.
If you download our applications from a third-party app store (the "app provider"), you acknowledge and agree that:
- the terms are an agreement between us, and not with the app provider. As between Quambio and the app provider, Quambio is solely responsible for its applications
- the app provider has no obligation to provide any maintenance and support services with respect to the Quambio applications
- the app provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications
- the app provider and its subsidiaries are third-party beneficiaries of these terms as it relates to your license to the applications. Upon your acceptance of these terms, the app provider will have the right (and will be deemed to have accepted the right) to enforce these terms as related to your license of the applications against you as a third-party beneficiary thereof and
-you must also comply with all applicable third-party terms of service when using the applications.
Quambio usage rules
A user understands and hereby acknowledges and agrees that he or she may not and will not:
- use the services or any personal information or location information displayed on or within Quambio to “stalk,” harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store location information or personal information about other users
- include offensive or pornographic materials on or in his or her Quambio personal profile pages
- use Quambio or the services for any commercial or non-private use, it being understood that Quambio and the services are to be employed for personal, non-commercial use only
- use Quambio or the services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control
- make unsolicited offers, advertisements, proposals, or send junk mail, to other users of Quambio. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Quambio accounts of other users
- share Quambio-issued passwords or any other means of access to a mobile device while any service is running and accessible with any third party or encourage any other user(s) to do so
- misrepresent the source, identity or content of information transmitted via Quambio
- remove, circumvent, disable, damage or otherwise interfere with: (i) the security-related features of Quambio or the services; (ii) the features of Quambio and the services that prevent or restrict use or copying of any content accessible through the Quambio; or (iii) the features of Quambio and the services that enforce limitations on use of the services
- intentionally interfere with, or damage operation of Quambio or the services, or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property right of the a third party
- attempt to gain unauthorized access to Quambio or the services, other accounts, computer systems or networks connected to Quambio, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of Quambio or any activities conducted on Quambio
- use any robot, spider, scraper or other automated means to access Quambio for any purpose without Quambio’s express written permission or bypass Quambio’s robot exclusion headers or other measures we may use to prevent or restrict access to Quambio or modify Quambio in any manner or form, nor to use modified versions of Quambio, including (without limitation) for the purpose of obtaining unauthorized access to Quambio
- sell or transfer or allow another person to access his or her account passwords, profiles, or Quambio accounts
he or she is solely responsible for the transmission, accuracy, completeness, and publication of that user content
he or she controls all of the rights to that user content and that it neither does nor will infringe or violate the rights of any third party
Quambio bears no responsibility, legal or otherwise, for that user content
Prohibited user content
A user may not post content on https://www.quambio.ch/ that:
- is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone except said user;
- promotes information that a user knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including user content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
- involves commercial activities and/or sales without Quambio’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
Ownership and use of content
A user is responsible for all user content posted under his or her account on Quambio, and for adjusting those account settings, specifically user privacy settings, that permit him or her to display user content on Quambio. Posting user content via the internet inherently poses the risk of unintended disclosure and access by third partie. Quambio will make reasonable efforts to prevent user content from disclosure that exceeds the account settings selected by a user, but Quambio cannot guarantee that user account settings will completely protect against some user content from being viewed or accessed by unintended third parties, and Quambio will not be liable for such chance disclosures.
Ownership rights in user content
When a user transmits or otherwise supplies user content to Quambio, or otherwise makes user content available on or through Quambio, he or she expressly grants Quambio a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such user content for any purpose, commercial, advertising, or otherwise, on or in connection with Quambio or the promotion thereof.
In addition, Quambio obtains a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from user content, display user content, in whole or in part, and/or to incorporate user content in other works in any form, media or technology, and a user agrees that any “moral rights” in that user content have been waived. Moreover, when a user posts user content to Quambio, he or she authorizes and directs Quambio to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the user content.
The rights held by Quambio relative to user content, as delineated above, are, however, subject to the limitation that should Quambio seek to make use of certain user content–namely a user’s image–for explicit commercial or advertising purposes, Quambio will make a reasonable effort to secure consent from that user for that specific purpose.
Further, Quambio does not assert any real ownership over user content. Rather, subject to the rights granted to Quambio in these terms, a user retains full ownership of any and all of his or her user content and any intellectual property rights or other proprietary rights associated with said user content.
Ownership of Quambio content
Quambio is the sole owner of all Quambio content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. A user may not download, copy, or save any Quambio content or any portion of it, for any purpose, except as permitted by select services (as provided for in the specific guidelines and policies relative to those services), and in the limited cases where a user needs to print a copy of individual screens appearing as part of Quambio solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these terms and/or certain ancillary guidelines related to specific services, a user may not modify, copy, publish, display, transmit, adapt or in any way exploit the Quambio content without the prior written permission of Quambio.
The services, including the mobile services, and any third-party software, services, or applications made available in conjunction with or through Quambio are provided “as is” and without warranties of any kind either express or implied. Quambio, and its suppliers and partners (including without limitation Quambio’s third-party wireless carrier partners), disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Quambio and its suppliers and partners (including without limitation Quambio’s third-party wireless carrier partners) do not warrant that the functions contained in the mobile services will be uninterrupted or error-free, that defects will be corrected, or that Quambio or the server that makes them available are free of viruses or other harmful components. Moreover, Quambio, and its suppliers and partners (including without limitation Quambio’s third-party wireless carrier partners) do not warrant or make any representations regarding the use or the results of the use of any personal information or location information or the services in terms of security, safety, correctness, accuracy, reliability, or otherwise. A user (and not Quambio or its suppliers or partners) assume the entire cost of any necessary servicing, repair, or correction related to the services.
A user agrees to indemnify, defend, and hold Quambio, and its suppliers and partners (including, without limitation, Quambio’s wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) the use or misuse of any user’s personal information and location information, or the services generally, (b) any violation of the rights of any other person or entity by user, (c) any breach or violation by a user of Quambio, or (d) a user’s employment of the services to meet another user in-person or to locate and attend any offline place or event.
Quambio reserves the right, at a given user’s expense, to assume the exclusive defense and control of any matter for which such user is required to indemnify Quambio, and said user agrees to cooperate with Quambio’s defense of these claims.
Limitation of liability and damages
A user acknowledges and agrees that under no circumstances, including, without limitation, negligence, will Quambio, contractors, employees, agents, or third-party partners (including, without limitation, Quambio’s wireless carrier partners) or suppliers be liable to any user for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of a user’s personal information or location information; (b) a user’s ability or inability to use the services; (c) the services generally, including the mobile services, or systems that make the services available; or (d) any other interactions with Quambio or any other user of the services, even if Quambio or a Quambio authorized representative has been advised of the possibility of such damages.
this limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on Quambio or through the services, or received through any links provided by Quambio, the affiliated websites, or the services, as well as by reason of any information or advice received through or advertised on Quambio, the affiliated websites, the services, or received through any links provided by Quambio, the affiliate websites, or the services.
This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of Quambio or the services or any information or merchandise that appears on, or is linked or related in any way to Quambio, its affiliated websites, or the services. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Without limiting the foregoing, under no circumstances shall Quambio be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In no event shall Quambio (or its affiliates, contractors, employees, agents, suppliers, or third-party partners including, without limitation, Quambio’s wireless carrier partners) total liability to a user for all damages, losses, and causes of action arising out of or relating to these terms and conditions of use, or a user’s employment of the services (whether in contract, tort (including without limitation negligence), warranty, or otherwise exceed the amounts paid by a user for accessing the services during the twelve (12) months immediately preceding the date.
A user further agrees that the limitations of liability set forth above will survive any termination or expiration of these terms and conditions of use, and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. Accordingly, the exclusions, and limitations set forth above may not apply in their entirety to a specific user.
Modification of the terms
These terms (and any related guidelines of the character detailed above) constitute the entirety of the agreement between Quambio and users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.