1.1. InWiFit is registered with company registration number 38149768 and has established itself at the address Peder Barkes Gade 28, 9000 Aalborg, Denmark (“InWiFit”).
1.2. You can contact InWiFit by e-mail at firstname.lastname@example.org.
1.3. InWiFit is organized as a sole proprietorship.
2.1. These terms and conditions along with any of InWiFit‘s separate offers or order confirmations constitute the entire agreement between InWiFit and the customer. All other documents, correspondence, negotiations etc. are excluded from the Agreement, unless otherwise explicitly agreed by both parties in writing.
2.2. The Agreement applies to any and all use of the app named “InWiFit” accessible on the app store and Google Play (“App”). The same is true for any and all use of www.InWiFit.com (“Website”).
2.3. InWiFit reserves the right to change and update these terms and conditions at any time and such updates enter into force immediately, and may be found on the Website. Any other modifications or additions to the Agreement are only valid insofar as they have been agreed upon in writing.
3.1. All prices are in Euro (EUR) excluding VAT, delivery, taxes, customs, and other duties unless otherwise stated by InWiFit.
3.2. All prices are subject to change as decided by InWiFit. Changed prices will enter into force immediately, but will not affect products already purchased.
Each separate renewal or billing interval of a subscription-based product is considered a separate product for the purposes of this provision.
4.1. For subscription based products or services payment is payable in full at the beginning of the subscription period. Recurring subscriptions are billed by recurring invoicing. Terms of payment for non-subcription based products or services are upon receipt.
4.2. For late payment interests accrue at 1,5 % per beginning month
4.3. Payment by setting off cannot occur if InWiFit disputes the customer’s claim.
4.4. Any default of InWiFit’s terms of payment constitutes a fundamental breach of the Agreement and entitles InWiFit to stop all deliveries, including but not limited to revoking or blocking access to products or services, and to demand immediate full payment of every receivable whether otherwise payable or not.
5.1. InWiFit offer special “Boost” services, which boosts advertisements made by the customer via the App. Submitting an order for “Boost” services via the App or Website constitutes an offer made by the customers to InWiFit, and InWiFit is not obligated to accept the request for “Boost” services.
5.2. InWiFit becomes obligated to provide the “Boost” service only when the customer receives an order confirmation for the requested “Boost”. All information regarding “Boost” prior to the order confirmation must be construed as an invitation for the customer to make a purchase offer for the service.
6.1. If the customer would claim for non-conformity, the customer must immediately after the non-conformity was or ought to have been discovered, give written notice to InWiFit. Such notice must include a description of the non-conformity. If the customer fails to give due notice of non-conformity, the customer may not claim for the non-conformity at a later time.
6.2. InWiFit is entitled to remedy any non-conformities and to choose the means by which such remedying efforts are carried out.
6.3. InWiFit may choose to remedy downtime which is not temporary by extending subscriptions with a period equal to the downtime elapsed.
7.1. InWiFit reserves to right to temporarily disable any product or service related to the App, including the App itself. This does not constitute a non-conformity, nor does it entitle to any indemnification or coverage of loss of any kind. Any time period of 7 days or less is temporary.
7.2. InWiFit has designed the App as a social platform for fitness and health. InWiFit reserves the right to censor and remove any ads, posts, pictures, videos or other content, which is unrelated to the concept of the App. InWiFit makes no indemnifications or coverages of losses for actions taken pursuant to this provision, unless the censored or removed content should rightly be considered related to the concept of the App.
8.1. Products and services which are delivered over a period of time, such as subscription-based services or ad boosting services, may be terminated by either party at the end of each separate renewal or billing interval with due notice being given no less than 24 hours before expiry of said period.
8.2. Any fundamental breach by the customer of the Agreement entitles InWiFit to terminate the Agreement with immediate effect. Any illegal use of the App, products or services by the customer constitutes a fundamental breach.
8.3. InWiFit may terminate any products or services without notice, if such termination is caused by the termination or discontinuation of the App making delivery of such products or services impossible. InWiFit may terminate or discontinue the App at any time, for any reason.
9.1. InWiFit is not liable for any non-conformities resulting from mistakes or neglect by InWiFit’s suppliers, business partners or customers, or which are otherwise ascribable to the circumstances of such parties.
9.2. To use the App, products or services, the customer and/or the users of the App require compatible software, hardware and internet access. InWiFit does not guarantee or otherwise assume liability for the presence or function of these requirements.
9.3. InWiFit’s liability is limited to direct losses and can never exceed the amount invoiced for the product or service delivered, unless otherwise set forth in mandatory rules of law applicable to the Agreement, from which the parties cannot derogate by contract.
9.4. InWiFit is not liable for indirect losses such as but not limited to loss of revenue, loss of savings, disruption of business and services etc. regardless of whether this is due to simple or gross negligence.
9.5. InWiFit is not liable for any losses resulting from force majeure, such as but not limited to losses cause by or resulting from employment disputes, strikes, lockout, fire, war, rebellion, internal strife, weather and natural disasters, currency restrictions, seizure or injunction by public authorities, disruption of infrastructure, including blackouts and power surges, which cannot be ascribed to or controlled by InWiFit.
9.6. InWiFit is not liable for actions taken by the customer via the products or services provided or via the App. The customers bears all responsibility of their usage of the mentioned services, products and the App.
9.7. InWiFit is not liable for links provided by or leading to third parties or their websites.
9.8. To the greatest extent possible under the applicable law, the App or any related services or products are provided “as is” and without warranty.
10.1. The full proprietary rights, intellectual rights and immaterial rights to any products, services and the App itself belong exclusively to InWiFit and are not transferred to the customer.
10.2. The customer obtains a right of usage to the App, including the right to make us of services and products. The customer retains any and all rights to advertising material provided or used by the customer, including but not limited to pictures and ads uploaded to the App by the customer.
10.3. If the customer infringes upon the rights of third parties while using the products, services or the App provided by InWiFit, and any claim is made against InWiFit, the customer must indemnify InWiFit in full for any losses so incurred.
11.1. Insofar as one or more provisions of the Agreement are found to be invalid, void or unenforceable, no other provisions shall have their validity, legality or enforceability be affected or diminished by such previously described partial invalidity.
12.1. Any dispute between the parties which cannot be solved amicably shall be settled solely by the Danish Courts under the application of Danish procedural and substantive law.
12.2. Danish international private law, which points to a chosen law other than Danish law, shall not be applicable to the Agreement.
12.3. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not be applicable to the Agreement even if the Agreement concerns goods normally governed by the CISG.