Terms of Use SwingMotion Catalyst Account

General

These terms of use (the "Terms of Use") governs your use of the SwingMotion Catalyst Account ("User Account").
The User Account is offered by Initial Force AS, a limited liability company organized under the laws of Norway with business address Stiklestadveien 1, 7041 Trondheim, Norway ("Initial Force").

By registering for a User Account, you, as a "User" agree to be bound by these Terms of Use as well as other conditions and policies you have accepted as part of the registration.
In order to make use of the User Account, User MUST agree to be bound by these Terms of Use.

User Account

The User Account gives the User access to the cloud service SwingMotion Catalyst Online ("Online") and the SwingMotion Catalyst Webshop (the "Webshop", http://shop.swingcatalyst.com/http://shop.motioncatalyst.com/). Each User Account is for the exclusive use of the registered User. User is solely responsible for maintaining the confidentiality of the User Account and password of the User, and for restricting access to Users Account. User agree to notify Initial Force AS immediately of any unauthorized use of User Account or any other breach of security. User is responsible for all information User supply to Initial Force AS to be complete and accurate at all times. Certain information in the User Accounts will be public with profile picture and full name for all users of SwingMotion Catalyst Online. Other users may contact you through SwingMotion Catalyst Online. All users signing up for a User Account must be at the age of 16 or above, special payment terms regarding age will apply when purchasing items from either SwingMotion Catalyst Online, SwingMotion Catalyst App or the Webshop.

Webshop

Purchase of items or services from the Webshop requires a User Account. Please refer to http://shop.swingcatalyst.com/conditions-of-usehttp://shop.motioncatalyst.com/condition-of-use for additional conditions regarding the Webshop.

SwingMotion Catalyst Online

The User Account gives the User access to the cloud service Online. Online is a service for storing content, sharing content and communication between registered users of the Online. The service allows the User to store and share these video files: recordings and lessons. Video files can only be uploaded from the SwingMotion Catalyst App and the SwingMotion Catalyst software. Each video file will use 1 slot in the account storage space. The User has access to 50 free video slots when signing up for Online. To increase the amount of slots beyond the free slots a paid subscription plan will have to be purchased.

Publishing content

Video material uploaded/published by User is owned by the User. Shared material is owned by the one responsible for the original publication. User is responsible for not publishing material that might violate any copyrights, intellectual rights or privacy rights. When sharing material via Online or other social media the user is responsible for whom might have access to the shared material.

Use of information

Initial Force AS collects information to provide better products, information and services. Personal account information provided by the User and data collected from the SwingMotion Catalyst App and the SwingMotion Catalyst software will be used for internal statistics and research purposes. We do not share personal information with companies, organizations and individuals outside of Initial Force AS unless one of the following circumstances apply:

  • with the user’s consent
  • with domain administrators
  • for external processing
  • for legal reasons

Purchasing content through Online

Special payment terms will have to be accepted when purchasing digital content or services through Online, please refer to the payment terms. Purchased videos will not occupy a slot in your storage space.

Delete content

Deleted content will be removed from the User Account, but the content may be stored for some time in our servers until larger clean ups. Similar to the trashcan and delete workflow known from most operating systems. Deleting shared content that is owned by the User from a User Account will also remove the content from a User Account of other users whom the content was shared with. Deleting shared content that is not owned by the User only removes the content from the respective User Account.

Securing content

In the case of technical problems and or criminal activity Initial Force AS cannot be held responsible for loss of content or information. Any economic claims due to this matter cannot be held towards Initial Force AS.

Acceptable Use

Your use of the Online and the User Account and any of your Information transmitted to Initial Force AS in connection with your use of the Online service is limited to the intended use of the Online. In no event may the Online Service or the User Account be used in a manner that (a) harasses, abuses, threatens, defames, obscene, hateful, sexually explicit or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access Initial Force's proprietary information that is not authorized by Initial Force; (d) uses or launches any automated system to access Initial Force's website or computer systems; (e) attempts to introduce viruses or any other malicious computer code that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment; (f) attempts to gain unauthorized access to Initial Force's computer network or use accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; (h) is done by User using a misleading or incorrect name, address, email address, certification number, or other false and/or misleading information; (i) acts to decipher, decompile, disassemble or reverse engineer any software associated with Online; (j) establishes multiple accounts for the same ultimate end user in order exceed the number of free space included in the free version of the Online (k) is for a purpose other than for the Online’s intended purpose and use; (l) otherwise violates these Terms of Use in any fashion. Initial Force reserves the right, in its sole and absolute discretion, to terminate and/or suspend Users use of the Online services with or without cause, request that User (i) remove software User has used to access the Online services or (ii) remove or delete any information uploaded to the Online for any reason including, but not limited to, Initial Force's reasonable conclusion that User has violated this Agreement. Any such suspension or termination will not entitle User to claim refunds for any pre-paid costs (if any).

Online is meant to analyse sports related and biomechanical motions only.

We do not tolerate indecent use or use of Online that is not the intent of Online. Don’t publish content such as, but not limited to:

  • pornography
  • abuse
  • animal cruelty
  • violence
  • criminal activity
  • stalking, threats, bullying

Online cannot be held responsible for indecent use or usage that is not the intent of Online.

Content violating these terms will be removed and the owner of the content will be held responsible. All users on Online are strongly encouraged to report any indecent use to [email protected][email protected]

Legal disputes

The law of the Kingdom of Norway shall govern the agreement. However, the provisions of the United Nations Convention on the International Sale of Goods shall not apply. Any disputes or claims arising out of or in the connection with the agreement may be brought before the ordinary courts of law with the Court of Sør-Trøndelag("Sør-Trøndelag Tingrett") in Trondheim, Norway, being the first instance venue. Notwithstanding the just said, Initial Force AS shall be entitled to bring any such disputes before courts of law within the user's jurisdiction, including for the purposes of enforcing its rights under the agreement.

Downtime

Online and the Webshop is delivered under acceptable conditions based on similar services. Due to maintenance and unforeseen technical issues Online may become out of service. Initial Force AS can not be hold responsible for any economical losses due to downtime of Online and the Webshop.

Advertising

The User accepts receiving advertising for SwingMotion Catalyst and other related products and services on his registered email address and via his User Account.

Change of the service

Initial Force AS is always looking to improve its products and services. We therefore reserve the right to change the Online service and its description. Large changes that will have a severe impact on the Online service will be given a one week notice, sent to the email registered in the User Account.

Changes in the Terms of Use

We reserve the right to change any of the terms and conditions contained in this Terms of Use at any time one week notice sent to the email registered in the User Account. Upon a change in the Terms of Use, continued use of the User Account constitutes the acceptance of the changes. However, continued use of the User Account following a change in the Terms of Use may be made conditional upon the User accepting such updated Terms of Use. User is responsible for complying with any changes to these documents.

Cookies

Cancel User Account

To cancel the User Account please contact suppor[email protected][email protected].