Terms of Use Motion Catalyst Account
General
These terms of use (the "Terms of Use") governs your use of the Motion Catalyst Account ("User Account").
The User Account is offered by Initial Force AS, a corporation organized under the laws of Norway.
The headquarters of the company are situated at the business address: Stiklestadveien 1, 7041 Trondheim, Norway ("Initial Force").
By registering for a User Account, you, as an "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.
When you are using our products and services on behalf of a business, that business agrees to the terms laid out in this Agreement. It will hold harmless and indemnify Initial Force and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
User Account
The User Account gives the User access to the cloud service Motion Catalyst Online ("Online"). 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 Motion Catalyst Online. Other users may contact you through Motion 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 Motion Catalyst Online, Motion Catalyst App or the Webshop.
Webshop
The webshop has its own Terms of use. Please refer to this shop page for additional conditions regarding the Webshop.
Motion 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 Motion Catalyst App and the Motion Catalyst software. Each video file will use 1 slot in the account storage space. The User has access to a set number of free video slots when signing up for Online. To increase the number of slots beyond the free slots a paid subscription plan will have to be purchased.
Content and data
Video material uploaded/published by User on Online 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 be illegal, violate any intellectual property rights or privacy rights. Initial Force have a free, perpetual and non-exclusive right to use the content (including video material or any other data) provided, or generated, by the User when using Online for the purposes of (i) providing its services or products to the User and (ii) analyzing it for the purpose of improving its services or products, including developing new services or products. This includes a right to utilize such content in any manner for these purposes, including to adapt or further develop such content and transfer such content to any third party, without limitation in time, form, manner or medium.
To the extent the material includes any personal data, such data is processed only in accordance with our privacy notice. It is the responsibility of the User to communicate such privacy notice to others that are recorded while using Online.
When sharing material via Online or other social media the user is responsible for who might have access to the shared material. The User Account will be closed immediately if the user upload violent or abusive content.
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 cleanups. This is 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 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 Online. In no event may Online 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
Initial Force AS 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]
Legal disputes
The laws 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 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 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 held responsible for any economical losses due to downtime of Online.
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. A one week notice will be sent to the email registered in the User Account. Upon a change in the Terms of Use, continued use of the User Account constitutes an 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.
Cancel User Account
To cancel the User Account please see the Delete account function under "Account settings" on the Edit profile page.
Third-party services
Swing Catalyst/Motion Catalyst integrates with YouTube API Services for select features and by utilizing those you are agreeing to be bound by the YouTube Terms of Service at https://www.youtube.com/t/terms