Terms and Conditions

Welcome to Smartwin IA! These terms and conditions outline the rules and regulations for the use of Smartwin IA’s website and services. By accessing this website and using our services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or services.

1. Definitions

In these Terms and Conditions:

  • “We”, “Us”, “Our” refers to Smartwin IA.
  • “You”, “Your” refers to the user, customer, or visitor of our website and services.
  • “Services” refers to the fitness and AI coaching platform provided by Smartwin IA, including the S.I.G.M.A. platform and Digital Twin feature.
  • “Content” refers to any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this website.

2. Use of the Website

You must use our website and services only for lawful purposes. You must not use our website:

  • In any way that breaches any applicable local, national, or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

3. Intellectual Property Rights

Unless otherwise stated, Smartwin IA owns the intellectual property rights for all content on this website. All intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • Republish material from this website (including republication on another website).
  • Sell, rent, or sub-license material from the website.
  • Show any material from the website in public.
  • Reproduce, duplicate, copy, or otherwise exploit material on our website for a commercial purpose.
  • Edit or otherwise modify any material on the website.

4. S.I.G.M.A. Platform and Digital Twin

The S.I.G.M.A. platform and Digital Twin feature are provided for informational and coaching purposes only. Smartwin IA does not provide medical advice. Always consult with a qualified healthcare professional for any health concerns or before making any decisions related to your health or treatment.

We are not responsible for any actions you take based on the information provided by the S.I.G.M.A. platform or Digital Twin feature. Your use of these services is at your own risk.

5. Limitation of Liability

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  • Limit or exclude our or your liability for death or personal injury resulting from negligence.
  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation.
  • Limit any of our or your liabilities in any way that is not permitted under applicable law.
  • Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:

  • Are subject to the preceding paragraph.
  • Govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

6. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of our website and services, to understand our practices.

7. User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

8. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Smartwin IA. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Smartwin IA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. Modifications to Terms and Conditions

Smartwin IA reserves the right to modify these terms and conditions at any time. We will notify you of any changes by posting the new terms and conditions on our website. You are advised to review these terms and conditions periodically for any changes. Your continued use of the website and services after any changes to these terms and conditions constitutes acceptance of those changes.

10. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of [Your Country/State], and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of [Your Country/State].

11. Contact Information

If you have any questions about these terms and conditions, please contact us at: info@smartwinia.com.

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.