This privacy notice for Emotional Fitness Sweden AB (doing business as Emotional Fitness) (“Emotional Fitness,” “we,” “us,” or ‘tour”), describes how and why we might collect, Store, use, and/or share (“process”) your information when you use our services (“Services”), such as when you:
• Visit our website at app.emotionalfitness.se, or any website of ours that links to this privacy notice
• Download and use our mobile application (Emotional Fitness Peer Coaching ), or any other application of ours that links to this privacy notice.
• Engage with us in other related ways, including any sales, marketing, or events.
Questions or concerns? Reading this privacy notice Will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you Still have any questions or concerns, please contact us at legal@emotionalfitness.se.
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Emotional Fitness and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.
Do we process any sensitive personal information? We may process sensitive personal information when necessary with your consent or as otherwise permitted by applicable law. Learn more about sensitive information we procese.
Do we receive any information from third parties? We may receive information from public databases, marketing partners, social media platforms, and other outside sources. Learn more about information collected from other sources.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.
In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be
guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties Will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more
about how we keep your information safe.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.
How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We Will consider and act upon any request in accordance with applicable data protection laws.
Want to learn more about What Emotional Fitness does with any information we collect? Review the privacy notice in full.
Emotional Fitness offers leadership, development, performance and personal coaching which includes the right to access and use Emotional Fitness’s mobile applications and online platform (the “Emotional Fitness Platform”), and the right to allow You to download and use Emotional Fitness’s mobile applications for specified periods (each, a “Subscription Period”), and standard Emotional Fitness support (collectively, the “Emotional Fitness Services”). Emotional Fitness will provide the Emotional Fitness Services pursuant to orders that You will submit through EmotionalFitness.se (once accepted by Emotional Fitness, each, an “Order”). Each Order will include the applicable Subscription Period and the associated fees for the Emotional Fitness Services. Each Order must be accepted by Emotional Fitness to become valid. Each Order will be deemed incorporated into this Agreement by reference and made an integral part of this Agreement. To the extent that a conflict arises between the terms and conditions of an Order and the terms and conditions of this Agreement, the terms of this Agreement will govern.
Your interactions with Emotional Fitness in connection with the Emotional Fitness Services are subject to this Agreement. Emotional Fitness may use any data, information or materials collected or received from You through these interactions, in accordance with this Agreement and the Privacy Policy. You are responsible for establishing Your own policies (if any) with Your employer as to what work or business information is appropriate to share as part of the Emotional Fitness Services. You will use the Emotional Fitness Platform subject to terms set forth in this provision and You will not have an own entity-wide account or direct access to the Emotional Fitness Platform. You will not (and will not allow anyone else to) (a) rent, lease, copy, disclose, provide access to or sublicense the Emotional Fitness Platform, (b) use the Emotional Fitness Platform for the benefit of, or to provide any service to, a third party, or (c) publicly disseminate information regarding the performance of the Emotional Fitness Platform.
The fees and payment terms applicable to the Emotional Fitness Services and related support are set forth in the applicable Order.
Unless earlier terminated as set forth in this Agreement, this Agreement commences upon the date You first access, download or use the Emotional Fitness Services (“Effective Date”) and continues to the end of the last effective Subscription Period. Emotional Fitness may change the pricing for Subscription Terms subsequent to the initial Term (each a “Renewal Term”), in its sole discretion. Either party may terminate this Agreement and any Order hereunder upon immediate effect for any reason whatsoever, notwithstanding Emotional Fitness may terminate this Agreement and any Order hereunder if You violate or breach the
Acceptable Use Policy. Upon any expiration or termination of this Agreement, (a) Emotional Fitness will cease providing the Emotional Fitness Services and (b) You will cease all access to the Emotional Fitness Platform unless permitted by Emotional Fitness. Notwithstanding any terms to the contrary in this Agreement, (i) in addition to this sentence, Sections 2, 3, 6, 7, 8, and 9 will survive any termination or expiration of this Agreement, and (ii) no refunds will be issued.
Trial license: As part of the trial Services, you may be offered 1 free coaching session (“Complimentary Coaching Session”). If you fail to attend Your first schedule Complimentary Coaching Session, Emotional Fitness reserves the right, in its absolute discretion, to limit your ability to reschedule an additional Complimentary Coaching Session. Emotional Fitness may also withdraw or modify any free trial offer and/or the Emotional Fitness trial terms and conditions at any time without prior notice and with no liability.
Each party represents and warrants that (a) this Agreement is valid, binding and enforceable against it in accordance with its terms, and (b) it will fulfill its obligations under this Agreement in accordance with all applicable laws.
WE ARE NOT A HEALTH CARE OR MEDICAL DEVICE PROVIDER, NOR SHOULD THE SERVICES BE CONSIDERED MEDICAL ADVICE OR THERAPY SERVICES. ONLY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER CAN OFFER MEDICAL ADVICE TO YOU.
EXCEPT AS SET FORTH IN THIS SECTION, EMOTIONAL FITNESS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COACHING DOES NOT CONSTITUTE MEDICAL ADVICE OR THERAPY.
EMOTIONAL FITNESS WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF EMOTIONAL FITNESS.
You are not to rely on anything you receive from or within Emotional Fitness as medical, legal, financial, or other professional advice.
EXCEPT FOR YOUR BREACH OF THE RESTRICTIONS IN SECTION 2 OR YOUR OTHER MISAPPROPRIATION OF EMOTIONAL FITNESS’S INTELLECTUAL PROPERTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL (A) EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; AND (B) EITHER PARTY’S ENTIRE LIABILITY TO THE OTHER PARTY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO EMOTIONAL FITNESS DURING THE PRIOR 12 MONTHS UNDER THIS AGREEMENT.
“Confidential Information” is non-public information of a party which is provided to the other party hereunder and which is either designated as confidential or of a type which should be recognized by a commercially reasonable party as confidential.
“Confidential Information” includes any personal information about other users of Emotional Fitness’ Services that they disclose with You in or in connection with our Services.
“Confidential Information” of Emotional Fitness includes the Services and its related documentation and materials, along with these terms and conditions. The party receiving Confidential Information may use it only for purposes connected with the facilitation of these Terms or Services and may not disclose it to any third party unless such third party is supporting the provision of the Services or otherwise performing obligations hereunder and is bound in writing by confidentiality restrictions substantially similar to those required hereunder. The obligations to maintain the Confidential Information as confidential shall remain in place for so long as the applicable information is maintained as confidential by the owning party. The limitations on disclosure or use of Confidential information shall not apply to information which (i) is rightfully obtained by the recipient without breach of any confidentiality obligation; (ii) is or becomes known to the public through no act or omission of the recipient; (iii) the recipient develops independently without using Confidential Information of the other party; or (iv) is disclosed in response to a valid court or governmental order, if the recipient has given the other party prior written notice (unless prohibited by law or governmental authority) and provides reasonable assistance.
You and Emotional Fitness agree that any dispute, claim, or controversy between You and Emotional Fitness arising in connection with or relating in any way to this Agreement or to Your relationship with Emotional Fitness as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding the clause above, You and Emotional Fitness both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
Your arbitration fees and Your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Emotional Fitness. If the arbitrator finds that either the substance of Your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such a case, You agree to reimburse Emotional Fitness for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
This Agreement will be governed by and construed in accordance with the laws of the
State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. To the extent that any issues under this Agreement are litigated in court, the state or federal court in San Francisco County, California will be the jurisdiction in which any suits should be filed. Ownership
As between the parties and subject to the grants expressly set forth in this Agreement,
Emotional Fitness owns all right, title and interest in and to the Emotional Fitness Services and anonymous/aggregate data, feedback, and any and all patent rights, copyrights, trademark rights, trade secret rights and other intellectual property rights embodied in or related to the foregoing.
Emotional Fitness may use the services of third-party coaches and other subcontractors and permit them to provide the Emotional Fitness Services.
If you are a natural person who is a resident of California or the European Union (“California Resident” or “EU Resident”) and use our Services, you have additional rights as set forth in the Privacy Policy.
You acknowledge and agree that the Emotional Fitness Services utilize certain third-party videoconferencing, communications tools and other services in connection with Emotional Fitness Services, e.g., Skype or FaceTime (“Third-Party Tools”). While Your data provided to Emotional Fitness through Third-Party Tools remains subject to these terms, use of Third-Party Tools themselves is subject to the terms and conditions of the Third-Party Tool providers. Emotional Fitness is not responsible for the operation of or any changes to the Third-Party Tools or the acts or omissions of Third-Party Tool providers.
Emotional Fitness may transfer its rights and obligations under this Agreement to any company, firm or person at any time if it does not materially affect Your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. This Agreement is personal to You and no third party is entitled to benefit under this Agreement except as provided here
Unless otherwise specifically indicated, all notices given by You to us must be given to contracts@Emotional Fitness.se. We may give notice to You at the e-mail address You provide to us when You register or in any other way. Notices will be deemed given as of the day they are sent by email, messenger, delivery service, or Swedish or U.S. mail (postage prepaid, certified or registered, return receipt requested), and addressed as set forth below, or to such other address as the party to receive the notice so designates by notice.
A party’s delay or failure to exercise a right or remedy will not result in a waiver of that right or remedy. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable under the governing law, the remaining provisions will remain in full force and effect, and will be construed so as to most nearly reflect the parties’ intent with respect to such provision.
Emotional Fitness may revise these Terms from time to time and at our sole discretion. When such changes are effected, Emotional Fitness will publish an updated version on our website. The changes will become effective and will be deemed accepted by You, (a) immediately for those who register for the Services after the updated version is published on Emotional Fitness’s website, or (b) for those having pre-existing accounts, the updated Terms will be deemed effective with Your continued use of the Services. You have rights to dispute an updated term which materially alters Your rights or obligations (with exception to changes required by law) within ten (10) business days from the date of the new Terms being published, upon written notification to: legal@EmotionalFitness.se. Please note: Your rights and access to the Services may be temporarily disrupted until such dispute is resolved between You and Emotional Fitness. If we are unable to resolve the dispute within thirty (30) days of Your written notification of dispute, the Services will be terminated.
This Agreement, including all Orders, constitutes the entire agreement between the parties and supersedes all previous or contemporaneous agreements between the parties, relating to its subject matter, and any change to its terms must be in writing and agreed by each of the parties.
Emotional Fitness Sweden AB
Kivra: 559215-0709
106 31 Stockholm
Sweden
legal@emotionalfitness.se
Please read these Emotional Fitness Consumer Terms and Conditions (“Agreement”) carefully. By accessing, downloading and/or using all or any part of the Emotional Fitness Services, you (“You” and, where applicable, “Your”) indicate Your acceptance of the following terms from Emotional Fitness, Inc. (“Emotional Fitness”). You agree to be bound by all the terms and conditions of this Agreement. You agree that it is enforceable as if it were a written negotiated agreement signed by You. If You do not agree to the terms of this Agreement, You may not access, download and/or use the Emotional Fitness Services. If You are entering into this Agreement on behalf of a company or other legal entity, You hereby represent that You have the authority to bind such entity to this Agreement, in which case the term “You” shall be construed to refer to such entity.
In consideration of the mutual covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You and Emotional Fitness agree as follows:
Emotional Fitness offers leadership, development, performance and personal coaching which includes the right to access and use Emotional Fitness’s mobile applications and online platform (the “Emotional Fitness Platform”), and the right to allow You to download and use Emotional Fitness’s mobile applications for specified periods (each, a “Subscription Period”), and standard Emotional Fitness support (collectively, the “Emotional Fitness Services”). Emotional Fitness will provide the Emotional Fitness Services pursuant to orders that You will submit through EmotionalFitness.se (once accepted by Emotional Fitness, each, an “Order”). Each Order will include the applicable Subscription Period and the associated fees for the Emotional Fitness Services. Each Order must be accepted by Emotional Fitness to become valid. Each Order will be deemed incorporated into this Agreement by reference and made an integral part of this Agreement. To the extent that a conflict arises between the terms and conditions of an Order and the terms and conditions of this Agreement, the terms of this Agreement will govern.
Your interactions with Emotional Fitness in connection with the Emotional Fitness Services are subject to this Agreement. Emotional Fitness may use any data, information or materials collected or received from You through these interactions, in accordance with this Agreement and the Privacy Policy. You are responsible for establishing Your own policies (if any) with Your employer as to what work or business information is appropriate to share as part of the Emotional Fitness Services. You will use the Emotional Fitness Platform subject to terms set forth in this provision and You will not have an own entity-wide account or direct access to the Emotional Fitness Platform. You will not (and will not allow anyone else to) (a) rent, lease, copy, disclose, provide access to or sublicense the Emotional Fitness Platform, (b) use the Emotional Fitness Platform for the benefit of, or to provide any service to, a third party, or (c) publicly disseminate information regarding the performance of the Emotional Fitness Platform.
The fees and payment terms applicable to the Emotional Fitness Services and related support are set forth in the applicable Order.
Unless earlier terminated as set forth in this Agreement, this Agreement commences upon the date You first access, download or use the Emotional Fitness Services (“Effective Date”) and continues to the end of the last effective Subscription Period. Emotional Fitness may change the pricing for Subscription Terms subsequent to the initial Term (each a “Renewal Term”), in its sole discretion. Either party may terminate this Agreement and any Order hereunder upon immediate effect for any reason whatsoever, notwithstanding Emotional Fitness may terminate this Agreement and any Order hereunder if You violate or breach the
Acceptable Use Policy. Upon any expiration or termination of this Agreement, (a) Emotional Fitness will cease providing the Emotional Fitness Services and (b) You will cease all access to the Emotional Fitness Platform unless permitted by Emotional Fitness. Notwithstanding any terms to the contrary in this Agreement, (i) in addition to this sentence, Sections 2, 3, 6, 7, 8, and 9 will survive any termination or expiration of this Agreement, and (ii) no refunds will be issued.
Trial license: As part of the trial Services, you may be offered 1 free coaching session (“Complimentary Coaching Session”). If you fail to attend Your first schedule Complimentary Coaching Session, Emotional Fitness reserves the right, in its absolute discretion, to limit your ability to reschedule an additional Complimentary Coaching Session. Emotional Fitness may also withdraw or modify any free trial offer and/or the Emotional Fitness trial terms and conditions at any time without prior notice and with no liability.
Each party represents and warrants that (a) this Agreement is valid, binding and enforceable against it in accordance with its terms, and (b) it will fulfill its obligations under this Agreement in accordance with all applicable laws.
WE ARE NOT A HEALTH CARE OR MEDICAL DEVICE PROVIDER, NOR SHOULD THE SERVICES BE CONSIDERED MEDICAL ADVICE OR THERAPY SERVICES. ONLY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER CAN OFFER MEDICAL ADVICE TO YOU.
EXCEPT AS SET FORTH IN THIS SECTION, EMOTIONAL FITNESS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COACHING DOES NOT CONSTITUTE MEDICAL ADVICE OR THERAPY.
EMOTIONAL FITNESS WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF EMOTIONAL FITNESS.
You are not to rely on anything you receive from or within Emotional Fitness as medical, legal, financial, or other professional advice.
EXCEPT FOR YOUR BREACH OF THE RESTRICTIONS IN SECTION 2 OR YOUR OTHER MISAPPROPRIATION OF EMOTIONAL FITNESS’S INTELLECTUAL PROPERTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL (A) EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; AND (B) EITHER PARTY’S ENTIRE LIABILITY TO THE OTHER PARTY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO EMOTIONAL FITNESS DURING THE PRIOR 12 MONTHS UNDER THIS AGREEMENT.
“Confidential Information” is non-public information of a party which is provided to the other party hereunder and which is either designated as confidential or of a type which should be recognized by a commercially reasonable party as confidential.
“Confidential Information” includes any personal information about other users of Emotional Fitness’ Services that they disclose with You in or in connection with our Services.
“Confidential Information” of Emotional Fitness includes the Services and its related documentation and materials, along with these terms and conditions. The party receiving Confidential Information may use it only for purposes connected with the facilitation of these Terms or Services and may not disclose it to any third party unless such third party is supporting the provision of the Services or otherwise performing obligations hereunder and is bound in writing by confidentiality restrictions substantially similar to those required hereunder. The obligations to maintain the Confidential Information as confidential shall remain in place for so long as the applicable information is maintained as confidential by the owning party. The limitations on disclosure or use of Confidential information shall not apply to information which (i) is rightfully obtained by the recipient without breach of any confidentiality obligation; (ii) is or becomes known to the public through no act or omission of the recipient; (iii) the recipient develops independently without using Confidential Information of the other party; or (iv) is disclosed in response to a valid court or governmental order, if the recipient has given the other party prior written notice (unless prohibited by law or governmental authority) and provides reasonable assistance.
You and Emotional Fitness agree that any dispute, claim, or controversy between You and Emotional Fitness arising in connection with or relating in any way to this Agreement or to Your relationship with Emotional Fitness as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding the clause above, You and Emotional Fitness both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
Your arbitration fees and Your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Emotional Fitness. If the arbitrator finds that either the substance of Your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such a case, You agree to reimburse Emotional Fitness for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
This Agreement will be governed by and construed in accordance with the laws of the
State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. To the extent that any issues under this Agreement are litigated in court, the state or federal court in San Francisco County, California will be the jurisdiction in which any suits should be filed. Ownership
As between the parties and subject to the grants expressly set forth in this Agreement,
Emotional Fitness owns all right, title and interest in and to the Emotional Fitness Services and anonymous/aggregate data, feedback, and any and all patent rights, copyrights, trademark rights, trade secret rights and other intellectual property rights embodied in or related to the foregoing.
Emotional Fitness may use the services of third-party coaches and other subcontractors and permit them to provide the Emotional Fitness Services.
If you are a natural person who is a resident of California or the European Union (“California Resident” or “EU Resident”) and use our Services, you have additional rights as set forth in the Privacy Policy.
You acknowledge and agree that the Emotional Fitness Services utilize certain third-party videoconferencing, communications tools and other services in connection with Emotional Fitness Services, e.g., Skype or FaceTime (“Third-Party Tools”). While Your data provided to Emotional Fitness through Third-Party Tools remains subject to these terms, use of Third-Party Tools themselves is subject to the terms and conditions of the Third-Party Tool providers. Emotional Fitness is not responsible for the operation of or any changes to the Third-Party Tools or the acts or omissions of Third-Party Tool providers.
Emotional Fitness may transfer its rights and obligations under this Agreement to any company, firm or person at any time if it does not materially affect Your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. This Agreement is personal to You and no third party is entitled to benefit under this Agreement except as provided here
Unless otherwise specifically indicated, all notices given by You to us must be given to contracts@Emotional Fitness.se. We may give notice to You at the e-mail address You provide to us when You register or in any other way. Notices will be deemed given as of the day they are sent by email, messenger, delivery service, or Swedish or U.S. mail (postage prepaid, certified or registered, return receipt requested), and addressed as set forth below, or to such other address as the party to receive the notice so designates by notice.
A party’s delay or failure to exercise a right or remedy will not result in a waiver of that right or remedy. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable under the governing law, the remaining provisions will remain in full force and effect, and will be construed so as to most nearly reflect the parties’ intent with respect to such provision.
Emotional Fitness may revise these Terms from time to time and at our sole discretion. When such changes are effected, Emotional Fitness will publish an updated version on our website. The changes will become effective and will be deemed accepted by You, (a) immediately for those who register for the Services after the updated version is published on Emotional Fitness’s website, or (b) for those having pre-existing accounts, the updated Terms will be deemed effective with Your continued use of the Services. You have rights to dispute an updated term which materially alters Your rights or obligations (with exception to changes required by law) within ten (10) business days from the date of the new Terms being published, upon written notification to: legal@EmotionalFitness.se. Please note: Your rights and access to the Services may be temporarily disrupted until such dispute is resolved between You and Emotional Fitness. If we are unable to resolve the dispute within thirty (30) days of Your written notification of dispute, the Services will be terminated.
This Agreement, including all Orders, constitutes the entire agreement between the parties and supersedes all previous or contemporaneous agreements between the parties, relating to its subject matter, and any change to its terms must be in writing and agreed by each of the parties.
Emotional Fitness Sweden AB
Kivra: 559215-0709
106 31 Stockholm
Sweden
legal@emotionalfitness.se