- Applicability and scope
- These usage Terms govern the provision and the use of the Virtusan App (hereinafter: “Service”).
- The Service may integrate third-party services as well.
- By using the Service, the user accepts these usage Terms as well as the separate privacy statement which you can find here.
- The separate privacy statement defines the privacy-relevant procedures.
- The Service is rendered by Virtusan AG a limited liability Company based in Luzern, Switzerland (”Virtusan”). Virtusan is responsible for providing and operating the Service.
- Virtusan, the Virtusan logo and all other Virtusan product or service marks are trademarks of Virtusan. Nothing grants user any license or right to use, alter or remove or copy such material. User’s misuse of the trademarks displayed in the Service is strictly prohibited.
- Virtusan may modify the scope of deliverables and functionalities of the Service at any time.
- The Service is made available as an application for mobile devices, which must satisfy certain system requirements.
- Virtusan is authorized to commission subcontractors to render its services.
- Virtusan may maintain and update the Service anytime in line with technical requirements and revisions upon its discretion.
- The user has the personal and non-transferable right to use the Service as and for the purpose provided by Virtusan. The right is non-exclusive and limited to the duration of the contractual relationship.
- The user is prohibited from downloading or copying software or parts thereof that are constituents of the Service beyond the scope necessary for using the Service and the user is further prohibited from decompiling, disassembling and otherwise reverse-engineering the software.
- The user is not authorized to modify the Service or parts thereof or introducing changes of any kind. The user agrees not to upload, post or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Service.
- The information contained in the Service is for general information purposes only. While Virtusan endeavours to keep the information up-to-date and correct, it makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information contained on the Service for any purpose. Any reliance a user places on such information is therefore strictly at his own risk.
- Virtusan is a provider of sleep, nutrition, mental and physical fitness content (we call them the “4 pillars”) in the health & wellness space. Virtusan is not a health care or medical device provider, nor should the Service be considered as medical advice. Only the user’s physician or other health care provider can do that. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions, Virtusan makes no claims, representations or guarantees that the Service provides a physical or therapeutic benefit. Any health information and links on the Service, whether provided by Virtusan or by contract from third party-services, is provided simply for user’s convenience.
- To the extent that user participates in any movement content user represents and warrants that user is in adequate physical health to perform such activities and has no disability or condition that would make such movement dangerous. User should consult a licensed physician prior to beginning or modifying any exercise program that user undertakes.
- Any advice or other materials in the Service are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. To the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the Service, other materials and information published as part of the Service.
- To the extent permitted by law, Virtusan and its information suppliers shall not be liable for consequences involving the use or non-availability of the Service.
- In particular, Virtusan waives all liability with respect to correctness, currency, and completeness of the information provided to the user as regards both content and presentation. Any liability for data loss is hereby waived.
- The user shall be liable to Virtusan for any use of the Service that constitutes abuse, violates these usage Terms, or is unlawful.
- The user may terminate the use of the Service at any time and remove it from the device.
- Virtusan may terminate the use of the Service with 30 days' notice. The termination notice may be served digitally via the Service.
- Virtusan is entitled to block the use of the Service at any time without prior notice if the user violates these usage Terms or applicable legal provisions or uses the Service fraudulently.
- If the user objects to the amended usage Terms, his usage rights shall expire on the date when the amended provisions have been declined by the user.
If individual provisions of these usage Terms prove to be invalid, incomplete, void, inoperative or unlawful, the validity of the contract shall not be thereby affected. In this case, the respective provision shall be replaced with a valid provision that is as closely equivalent as possible in terms of its commercial effect and content.
This contract shall be subject solely to Swiss law, excluding international private law and the UN Convention on the Sale of Goods (CISG). Unless otherwise mandated by law, the sole venue for any disputes arising from this contract shall be the courts at the domicile of Virtusan in Horw, Canton of Luzern, Switzerland.
Virtusan AG, St Niklausenstrasse 19, 6005 St. Niklausen LU, Switzerland