These Terms and Conditions govern your use of the SitZip mobile application, the SitZip physical hardware sensor, and any related services provided by VSION. By purchasing the SitZip sensor, downloading the SitZip app, or creating an account, you agree to be bound by these terms.
If you do not agree with any part of these terms, you must not use the SitZip app or sensor.
1. Health and Safety Disclaimer
1.1 Not a Medical Device: The SitZip app, the SitZip sensor, and any data provided (including heart rate, activity, and performance metrics) are for informational and recreational purposes only. SitZip is not a medical device. It is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
1.2 Assumption of Risk: Using a desk bike and the SitZip sensor involves physical exertion. You acknowledge and agree that physical exercise carries inherent risks of injury or even death. You assume all risks associated with using the SitZip hardware and software.
1.3 Medical Consultation: You should consult a physician before beginning any new exercise routine, especially if you have pre-existing health conditions. If you experience pain, dizziness, exhaustion, or shortness of breath while using SitZip, stop immediately and consult a medical professional.
2. Hardware and Use Constraints
2.1 Proper Use: The SitZip sensor must be installed and used exactly as detailed in the provided instructions. VSION is not responsible for damage to your desk bike, your desk, your surrounding property, or the sensor itself resulting from improper installation or misuse.
2.2 Hardware Modifications: You may not open, alter, tamper with, or attempt to reverse-engineer the physical SitZip sensor. Doing so immediately voids any applicable warranties and relieves VSION of any liability for subsequent malfunctions or damages.
3. Software License and Restrictions
3.1 Limited License: VSION grants you a personal, non-exclusive, non-transferable, and revocable license to use the SitZip app solely for your personal, non-commercial use in connection with the SitZip sensor.
3.2 Restrictions: You shall not:
- Copy, modify, or create derivative works of the SitZip app.
- Reverse-engineer, decompile, or disassemble the app or its underlying code.
- Use the app or sensor in any way that violates applicable local, national, or international laws.
- Attempt to bypass any security measures or access restricted areas of the app or its servers.
4. User Accounts and Data
4.1 Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify VSION immediately of any unauthorized access.
4.2 Data Accuracy: You agree to provide accurate, current, and complete information when creating an account.
4.3 Privacy: Your use of SitZip is also governed by our Privacy Policy, which details how we collect, store, and protect your data.
5. Intellectual Property
All intellectual property rights in the SitZip app, the SitZip sensor, the SitZip brand, logos, designs, and underlying software are the exclusive property of VSION. Nothing in these Terms grants you any rights to use any VSION trademarks, logos, or brand assets without prior written consent.
6. Disclaimer of Warranties
6.1 "As Is" Basis: To the maximum extent permitted by applicable law, the SitZip app and sensor are provided strictly on an "as is" and "as available" basis. VSION explicitly disclaims all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 Accuracy of Data: VSION does not warrant that the data collected by the sensor or displayed in the app will be perfectly accurate, perfectly reliable, or error-free.
6.3 Uptime: VSION does not guarantee that the app or related cloud services will be uninterrupted, secure, or free from bugs or viruses.
7. Limitation of Liability
To the maximum extent permitted by applicable law, VSION, its directors, employees, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from:
- Your access to, use of, or inability to use the SitZip app or sensor.
- Any unauthorized access to or use of our secure servers and any personal data stored therein.
- Any physical injury, property damage, or health issues arising from your use of the SitZip products.
- Any bugs, viruses, or Trojan horses transmitted through the app by any third party.
In no event shall VSION's total aggregate liability to you for all claims arising out of or related to these terms exceed the total amount paid by you for the SitZip sensor in the twelve months preceding the claim.
8. Indemnification
You agree to defend, indemnify, and hold harmless VSION and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your misuse of the SitZip app or sensor.
9. Modifications to the Service and Terms
9.1 Service Changes: VSION reserves the right to modify, suspend, or discontinue any part of the SitZip app or service at any time without prior notice.
9.2 Terms Updates: We may revise these Terms and Conditions at any time. The most current version will always be available within the app or on our website. By continuing to use SitZip after changes become effective, you agree to be bound by the revised terms.
10. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these terms shall be brought exclusively in the courts located in Breda, North Brabant, Netherlands.
11. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
VSION Email: [email protected]