Privacy Policy and terms of use
INTRODUCTION
N-XS is a trademark belonging to Advanced Fitness Solution SA (referred to herein as "AFS"), a CH company located at 22 Via Soldino, Lugano, 6900, Switzerland. AFS respect the privacy rights of their on-line visitors and recognize the importance of providing a secure environment for the information they collect. It is therefore important to make available to on-line/registered visitors an explanatory document outlining how their personal details are collected, processed and utilized (hereafter the "PRIVACY POLICY"). This PRIVACY POLICY explains the ways in which AFS safeguards the privacy rights of its on-line/registered visitors. By using this website (www.x-ns.com), you accept this PRIVACY POLICY. Please note that the AFS PRIVACY POLICY does not apply when you access other sites via the web links located on AFS internet site, as we have no control over the activities of these other sites. Furthermore, this PRIVACY POLICY may vary from time to time; please consult this document periodically so that you are aware of any changes. The date of the last update indicates the date of the most recent modifications. This PRIVACY POLICY respects all applicable Swiss laws on data protection.
THE SERVICE
N-XS operates an interactive online platform and mobile application(s) aiming to connect, and create new opportunities for, people who are, or want to become, sports- and health-conscious. In order to be able to use the complete spectrum of N-XS’s products and services (referred to herein as "SERVICE"), an one-time registration is required (see Section 4, below). N-XS’s goal is to improve people wellness and to make a positive contribution to their health. Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. N-XS neither substitutes your doctor, nor is N-XS responsible for your behavior. The contents of the N-XS.com platform or Apps from N-XS regardless whether they are provided by AFS, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these PRIVACY POLICY, you confirm that you are solely responsible for your health.
VALIDITY OF THE PRIVACY POLICY
AFS offers the interactive Fitness platform able to combine data collected in the N-XS official Fitness centers and N-XS Fit App on the basis of these PRIVACY POLICY. By registering, the user consents to the validity of these PRIVACY POLICY and any agreements incorporated therein by reference. Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these PRIVACY POLICY. These PRIVACY POLICY shall apply to all points of access, including (sub-)domains and mobile applications, for N-XS or AFS ’s products and services. Solely the English version of these PRIVACY POLICY is binding.
APPLICATIONS
N-XS offers Mobile applications and N-XS Fit applications (referred to herein as "APPLICATIONS") Apple iPhones, Android phones and other smartphones on a global scale, These APPLICATIONS can be used both isolated on the smartphone as well as in connection with the N-XS.com platform and/or with the Fit Totem installed in Fitness centers. Subject to the user's consent, relevant data is transmitted from the smartphone to the N-XS.com platform and shared with other social networks (e.g., Facebook), respectively. The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the N-XS.com platform, certain costs of the mobile carrier will be incurred that have to be borne by the user. The mobile applications are only available to users of smartphones. Additional terms and conditions on the part of the mobile phone-providers apply. N-XS may send newsletters to registered users. By accepting these PRIVACY POLICY, the user allows N-XS to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from N-XS.
REGISTRATION
To use the SERVICE and/or the APPLICATION, you must register, or have previously established, an account on the www.n-xs.com (an “ACCOUNT”). Creation and use of Accounts are subject to the following terms and conditions. The registration is free. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with N-XS. Minors may only register with N-XS subject to the explicit consent of their parents or legal guardians. A scanned copy of such written consent shall be sent by email to support@n-xs.com. By registering, the user confirms its knowledge and the unlimited recognition of the content of these PRIVACY POLICY. Each user shall register with N-XS once only, and confirms with its registration that it has not registered an account with N-XS before and has not deleted a previously activated user account. Subject at all times to Section 9 hereof, a user can register in one of two ways: Registration by use of the registration form provided on the N-XS.com platform: For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of phantasy names or pseudonyms is not possible. Adoption by N-XS of registration details provided by the instructor of your fitness center. Following successful registration, the user can log on to the N-XS.com platform by entering its email address and the chosen password. During the ACCOUNT creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “LOGIN INFORMATION”). The user agree that he will not share the ACCOUNT or the LOGIN INFORMATION with anyone other than as expressly set forth in this Agreement. If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these PRIVACY POLICY, N-XS will delete the corresponding account within a period of 21 days. N-XS reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly. N-XS is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages. Security of all personally identifiable information associated with N-XS’ users and visitors is a primary concern of AFS. Thus, AFS has adopted reasonable security measures to protect the security of N-XS’ users’ information. N-XS use a secure layer for all data transmission within our site. N-XS use industry standard encryption technology when transferring and receiving consumer data exchanged with www.n-xs.com including the protection of credit card data during transmission. Nevertheless, AFS cannot guarantee complete security of users’ information inasmuch as no security systems are foolproof. It is also important for any users/visitors to protect against the unauthorized access to any personal information as well as to any personal computer and/or mobile.
GENERAL TERMS AND CONDITIONS FOR ALL USERS
You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at support@N-XS.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk. N-XS.com has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.
PROMOTIONS AND FREE OFFERS
N-XS.com may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
SPECIAL CONDITIONS FOR SERVICES SUPPLIED UNDER GYM ID SECTION
In order to use the Gym ID services, you must (i) be a registered user of N-XS.com, and (ii) pay the stipulated price, if agreed, along with (in case) the VAT and any other fees or amounts associated to your fitness center. If you are not a Registered User of N-XS.com, you must register before you can execute the Gym Id section. Under Gym ID section you can enable to share your workout reports with your instructor, personal trainer or nutritional advisor. By accepting present terms you allow AFS to share your personal data with the subjects under Gym Id.
TERMINATION
Each user shall have the right to terminate the use of N-XS's online platform at any time via its account settings. N-XS shall confirm such termination vis-a-vis the user. Additionally, N-XS reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations. As a result of any termination pursuant to this Section 8 or cancellation pursuant to Section 9 hereof, All personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., routes, notes on other users' walls, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation. Upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to support@n-xs.com, which shall include the email address provided to N-XS upon registration.
USER OBLIGATIONS AND CONDUCT Each user of the N-XS.com platform must truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties; only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to N-XS that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content; not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal; not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam; not carry out any disrupting interferences in the N-XS network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding N-XS's software or hardware; not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner; provide prompt notice via email to abuse@N-XS.com of any detected breaches of the aforementioned obligations; diligently care for the personal details and only allow such persons access to its own details that are close to the user; and regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. N-XS shall not be responsible for any lost or impaired details. In order to ensure the proper and reliable provision of services, N-XS imposes the following sanctions upon breach obligations by a user: • warning; • deletion of content; • temporary deactivation of user account; and • cancellation (irrevocable deactivation). The type of sanction shall depend on the purpose, impact and type of the breach in light of N-XS's and the user's interests. In the event a user account shall be cancelled the respective user shall not be permitted to register again.
CONTENT
N-XS.com permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these PRIVACY POLICY, in order to upload, save, publish, distribute, transmit and share content with other users. The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user. The user consents that marketing measures may also be taken in the proximity of content created by such user. N-XS shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to comply with statutory law, or court or administrative orders ensure compliance with these PRIVACY POLICY; react to claims of breaches of law raised by third parties; or safeguard the rights, property or personal safety of N-XS, its users and the general public. The user grants AFS the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, N-XS shall have the right to use, irrespective of the type of usage, all content both as part of the N-XS platform and any other activity of N-XS or any company affiliated with N-XS. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that N-XS uses content created by a user outside the N-XS platform, N-XS shall note that such content was created by the user. 1N-XS does not claim ownership of any content created by users and will not supervise such content. N-XS reserves the right to delete content created by users, such as routes, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these PRIVACY POLICY, may be sanctioned in accordance with Section 9. N-XS shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc.. For any transaction on www.n-xs.com, we will collect your name, mailing address, phone number and credit card information for use in processing your transaction. We will also collect your e-mail address when you do so, in order that we may send you any necessary e-mail messages related to your transaction. We will not sell or rent your e-mail address to any third party.
REPRESENTATIONS AND WARRANTIES
AFS does not represent or warrant that the N-XS.com platform will be available at all times, or that it and the necessary hardware and software will be completely free from errors. AFS does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties. The user uses the N-XS offering exclusively at its own risk. This applies, without limitation, to the related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature “heart rate monitoring", by pressing the photo light for a prolonged period, the user's finger may heat up. downloading of the user's own and third party content; and any use by the user of data created or provided by N-XS, including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and N-XS does not, to the extent permitted by law, assume any responsibility for the correctness of such data. The use of any software or hardware offered by AFS through the brand N-XS is no substitute for the consultation by the user of a specialized doctor. Additionally, AFS does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. N-XS does not make any representations or warranties with respect to products or services of third party providers.
LIMITATION OF LIABILITY
AFS shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if AFS has caused a certain damage willfully or with gross negligence. In the event of slight negligence, AFS shall not be liable to other businesses and shall be liable to consumers only for personal damages. AFS shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties. Unless required by statutory law, neither N-XS nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data. AFS assumes no liability for downloaded material or material obtained as a consequence of using the N-XS.com platform. The Registered User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the N-XS.com platform. The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that AFS will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
INDEMNIFICATION BY USERS
The user shall indemnify AFS for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the N-XS.com platform by such user or as a result of any other usage by such user of applications available from N-XS. The user shall bear the costs of any legal proceedings, in which AFS may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to AFS all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that N-XS may be entitled to bring against the user shall not be affected.
CHANGES TO THE PRIVACY POLICY
AFS reserves the right to amend these PRIVACY POLICY from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these PRIVACY POLICY is available for viewing on the N-XS.com platform. Changes to these PRIVACY POLICY, other than changes to Section 3 require the consent of the respective user, to whom the changed PRIVACY POLICY shall apply. If AFS intends to implement such changes to these PRIVACY POLICY, AFS will give the user as much prior notice of such changes as possible. Such notice shall be made (i) via email to the email address the user previously supplied, (ii) on the relevant pages of the N-XS.com platform, or (iii) on any other device through which the user accesses the N-XS services. We may invite the user to accept the new PRIVACY POLICY by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication. In the event that the user does not consent to the changed PRIVACY POLICY, it shall not be permitted to any further use of the N-XS.com platform. Following amendment of the PRIVACY POLICY, the continued use of N-XS's offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user's consent to the amended PRIVACY POLICY. Any changes to these PRIVACY POLICY must be made in writing. No ancillary oral arrangements exist. Consult regularly any upgrade on www.n-xs.com/en /privacy-policy.
MISCELLANEOUS In the event that individual provisions of these PRIVACY POLICY shall be or become invalid, all other terms and conditions shall remain in full force and effect. These PRIVACY POLICY and all contractual relations and litigation between the users and AFS shall be governed by Swiss law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods. Place of delivery and exclusive court of jurisdiction shall be Lugano, Switzerland.
