Terms of Use

Effective Date: February 21, 2024

1. Introduction

1.1. These Terms of Use ("Terms") govern your use of the Adapt software application ("App") provided by Stackwize B.V. ("Stackwize," "we," "us," or "our").

1.2. You must read the provisions of these Terms carefully if you wish to use the App.

2. Acceptance of Terms and Conditions

2.1. Agreement to Terms of Use
By using the App, you agree to be bound by the terms and conditions of these Terms. You acknowledge that you have read these Terms, and that you accept the terms and conditions of these Terms and any amendments made to it by Stackwize from time to time. If you do not agree to and accept the terms and conditions of these Terms, you must delete and not make any use of the App.

2.2. Changes to Terms of Use.
Stackwize reserves the right to amend or amplify these Terms or any of its provisions from time to time. By continuing to use the App, you agree to keep yourself up to date with the latest version of these Terms, and to such amendments or amplifications to these Terms from time to time. Each time you access the App, you agree to be bound by the Terms in effect at that time.

2.3. Eligibility to Use App
You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to use the App and purchase a subscription for it.

3. Grant of Rights and Use of the App

3.1. License and Restrictions.
Stackwize grants you the rights to access and use the App, upon acceptance of the terms and conditions of these Terms. These rights are personal, revocable, non-transferable, non-sublicensable, limited, and non-exclusive. All rights not expressly granted under these Terms are reserved by the Stackwize.

3.2. Duration of License
You may use the App only for as long as you abide by the terms and conditions of these Terms.

4. Registration

4.1. Third-Party Login Consent
If you log into the App via Apple, Google, or any third-party service, you consent to Stackwize accessing such information as may be publicly available to Stackwize through such third-party service.

4.2. Your Responsibility for Login Credentials
If you choose any username, password or any similar form of identification information as part of the App’s security systems, you must keep this information secret and confidential and must not permit anyone else to use it. You shall be responsible for all access to the App with your username and password. When your username and password have been used in order to gain access to the App, Stackwize shall be entitled to assume that such use and all related communications emanate from you. Stackwize shall not be liable for any loss or damage arising from unauthorized use of your identification information. If you become aware of a breach of the confidentiality of your username or password, you must immediately reset your password. Stackwize may, in its sole and absolute discretion and for any reason whatsoever, require you to change your username and password at any time.

5. Subscriptions

5.1. Subscription Renewal
You may obtain a subscription to use the App. Subscriptions renew on a periodic basis, as determined by Stackwize, unless you indicate and request non-renewal using the subscriptions management function on your mobile device.

5.2. Subscription Billing
Subscriptions are purchased from and billed by your mobile app provider, for example Google or Apple, from which you originally downloaded the application (the “App Provider”). Subscriptions, including terminations and renewals, are subject to the App Provider’s terms and conditions. You must contact your App Provider if you have a query regarding billing or refunds.

6. User Content

6.1 Responsibility for User Content
You are responsible for any content you submit, post, or share on the App ("User Content").

6.2 License Granted for User Content
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, host, store, display, reproduce, modify, and distribute your User Content to operate, promote, and improve the App.

6.3 Your Warranties Regarding User Content
You warrant that your User Content: Is your original work or you have the necessary rights to share it. Does not infringe on intellectual property or privacy rights of others. Complies with these Terms and applicable law.

7. Intellectual Property

7.1. Stackwize's Intellectual Property Rights
Stackwize owns and retains all intellectual property rights in and to the App and all related code (the “Intellectual Property”). This includes all interests, ownership rights and title in the App and all content on it, including, without limitation, computer code, copyrights, patents, trademarks, trade names, titles, designs, trade secrets, and methods of operation. You shall not during or at any time after the expiry or termination of these Terms in any manner, question or dispute the ownership by Stackwize.

7.2. Restrictions on User Actions
You agree: Not to use or register any trademarks, trade names or logos that are or incorporate marks that are the same as or confusingly similar to the trademarks used in relation to the App; Not at any time to do or cause to be done any act or thing in any way that will impair or tend to impair any part of Stackwize’s rights, title, and interest in and to the Intellectual Property; and Not in any way to make unauthorized use of the Intellectual Property or to represent that you have any rights of any nature in any of the Intellectual Property or any registrations thereof.

8. Your Health

8.1 Terms and Conditions with Regard to Your Health
Use of the App is at your own risk. A condition for the use of the App is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions, we advise you to seek medical advice from a doctor urgently before you start the App (such as training or coaching). This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures:

Cardiovascular disease Lung or respiratory disease (including asthma)
Spinal and/or joint problems
Neuromuscular disease Surgical procedures
Any other health issues

For the App services related to nutrition, you are responsible for verifying that the foods and nutrients recommended do not contain any ingredients or contents to which you are allergic or which may cause food intolerance. Pregnant women and breastfeeding mothers should not use our training and coaching services. Listen to what your body is telling you. Before using the App for the first time, or while using the App, if you have any doubts about your health, consult your doctor before starting or continuing with the App.

8.2 Important Disclaimer: Not Medical Advice
The services and information offered by Stackwize and the App do not constitute medical advice. Nor are they a substitute for a medical examination or treatment by a doctor.

8.3 Fitness and Nutrition Information Disclaimer
Fitness and/or nutritional advice is subject to constantly evolving knowledge. Although we base our training and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up-to-date research findings or knowledge.

9. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, STACKWIZE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to indemnify, defend, and hold Stackwize harmless from any claims, losses, damages, or liabilities arising from your breach of these Terms or your use of the App.

12. Final Provisions

12.1 Applicable law
The relationship between the parties is governed exclusively by Dutch law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.

12.2 Place of jurisdiction
If you do not have a place of general jurisdiction in the Netherlands or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.

12.3 Severability clause
Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

13. Contact Information

If you have questions or concerns regarding these Terms, please contact us at support@adapt-hub.com.