Terms of Service

GENERAL TERMS AND CONDITIONS

1 PRELIMINARY, GENERAL PROVISIONS

1.1 The present General Terms and Conditions (hereinafter referred to as “GTC” or “General Terms and Conditions”) include the rights and obligations related to the provision and use of the AteMate journaling application (hereinafter: “Application”) operated by Piqniq, Inc. (registered seat: 2000 S Colorado Blvd 1-2000 Denver, CO 80222 United States; Colorado Entity ID: 20241021582; hereinafter referred to as “Service Provider” or “Piqniq”) and downloadable from the Apple App Store and Google Play web stores (hereinafter referred to collectively as “Webstores”, separately as “Webstore”), and to the provision and use of services accessible on the

https://www.atemate.com website (hereinafter referred to as the “Website”), as well as to newsletter services (all of the services hereinafter referred to as the “Service”). The Services also include proprietary and third party advanced technologies, such as artificial intelligence, machine learning systems, and similar technology and features (together, “AI Technology”), including third party large language models (“LLM”). AI Technology made available in the Services includes AteMate.

1.2 The purpose of the Service accessible through the Application is to provide persons with an easy-to-use journal in order to help them track what they ate, by allowing them to upload pictures of their meals (hereinafter: “Meal Picture”), furthermore taking notes on why they ate it and how it made them feel, to share the Meal Picture and the notes related to it, and to send notifications to the User about when they should eat based on the preferences set up by the User in the Application.

1.3 The Service Provider provides an opportunity to its Users in the Application to share the data (such as photos and thoughts on the food they consumed) recorded by the User with third persons specified by the User or users to the Application who registered as a coach (hereinafter collectively: “Coach”) to make such persons able to help the Users to keep on the right track with their eating habits or to achieve a certain goal specified by the User. Certain functions in the Application are not available, or available in a limited way only, for these the provisions of the present GTC are applicable.

1.4 The Services available in the Application are available for free to legacy users (hereinafter referred as “Free Plan”) or by paying a monthly fee to unlock the full feature set (hereinafter referred as “Premium Plan”). The payment conditions for Users are set forth under Section 6.2 of the present GTC.

1.5 The Services provided for Coaches are available by paying a monthly fee. The payment conditions for Coaches are set forth under Section 6.3 of the present GTC.

1.6 Certain AI features, such as image analysis, path analysis, and a future chat feature, are optional.

1.7 The GTC is available on the Service Provider’s Website: under the menu item ‘Terms of Service’.

1.8 The acceptance of the GTC is a prerequisite for the use of the Service, the User and the Coach must expressly accept it on the Website or in the Application when using the Service. The User and the Coach accepts and agrees to this GTC and the Service Provider’s Privacy Policy (hereinafter referred to as “Policy” or “Privacy Policy”). The Policy forms an integral part of this GTC and shall be construed in the manner of the provisions of the GTC. The Service Provider’s Policy can be accessed from here.

2 DATA OF PIQNIQ

Company name: Piqniq, Inc.

Registered seat: 2000 S Colorado Blvd Bldg1-2000, Denver CO 80222 United States of America

Corporate number (Colorado): 20241021582

E-mail address: hello@atemate.com

Language of the contract: English

Contact person: Tom Kiss

Hosting service provider: Google, LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, United States of America

3 DEFINITIONS

Application: The AteMate mobile application (app) available in the Google Play application store [

https://play.google.com/store/apps/details?id=com.youate.android] and the Apple App Store [

https://apps.apple.com/us/app/atemate-food-journal-support/id1164976477 ]. The Application is available on Android and IOS operating systems. The application was previously known as Ate and YouAte.

AteMate Coach Plan: shall mean the Coach’s subscription to Piqniq’s Services in order to be able to use the features of the Coach Portal and in-app Coaching features.

Client: shall mean the User who is connected to the Coach Account.

Coach Code: shall mean the eight-digit code generated by Piqniq unique to the Coach Account which allows the Users with the Coach Code to add the Coach as their friend in the Application.

Coach Portal: a web application located at

https://atemate.com/coach/dashboard designed for Coaches to create a Coach Account and to make them able to view their Client’s data.

Coach Account: an account registered by the Coach on the Website.

Contract: means both the User Contract and the Coach Contract.

Customer: means both the Users and the Coaches.

User Account: an account registered by the User in order to be able to use the Application.

GTC: the present General Terms and Conditions containing the detailed rules of the contract concluded between the Service Provider and the User or the Coach.

User: any natural person who enters into a legal relationship with the Service Provider for the provision of a service specified in this GTC and under the terms of this GTC.

For the purposes of this GTC, any person who downloads the Application from any of the application stores in order to use the Service shall be considered a User.

Legacy User: a User who has created an account with AteMate (previously Ate or YouAte) before June 2021, and has since continuously maintained that account.

Services: shall mean the services provided by Piqniq that are currently available in the Application or on the Website, including the Newsletter Service.

User Contract: A specific contract concluded between the Service Provider and the User for the use of any of the Services available through the Application.

Coach Contract: A specific contract concluded between the Service Provider and the Coach for the use of Services available through the Website.

Website: shall mean the website located at

https://atemate.com as well as its subdomains and sub-sites.

Stripe: shall mean Stripe, Inc. (address: 510 Townsend Street San Francisco, CA 94103 United States, corporate number: C3635817), a third-party payment processor.

4 REGISTRATION, CONCLUSION OF CONTRACT

4.1 Registration of the User

The User Contract is concluded between the Service Provider and the User by the registration of the User through the registration interface accessible in the Application, with the following steps:

4.1.1 The User, in order to use the Services available in the Application, must register through the registration interface.

The Application provided by the Service Provider may be used by any person regardless its age, however minors under the age of 16 shall only use the Application with the approval of the legal representative.

The User hereby declares and warrants that they comply with the terms of this clause, is not incapacitated, furthermore, if their legal capacity is partially limited or incompetent the legal representative or the legal guardian shall represent the user, furthermore understands and acknowledges the provisions of this GTC. In the event of any breach of this user warranty, only the User or its legal representative or legal guardian violating the warranty shall be liable for any damages and costs incurred thereof.

4.1.2 Registration interface:

After completing the requested information in the registration interface, the User declares that they have learned and accept the content of the GTC and consents to the processing of their personal data as specified in the Policy. During the registration the User’s e-mail address, their first and last name, and a password is required.

After providing the User’s data and accepting the GTC and the Privacy Policy, the User sends their registration to the Service Provider. The Service Provider sends an e-mail confirming the registration to the e-mail address provided by the User in the registration sent.

The User activates their registration by clicking on the link in the confirmation e-mail and confirms the accuracy of the data contained in their registration, thereafter the system activates the User’s registration and therewith the User Contract between the parties is concluded.

4.1.3 After registration, the User may, at any time, correct or modify the data input errors or any changes of the data through the Application.

4.1.4 Authenticating with third party service providers

Authentication can be done by logging into the Application as a user of a third party service provider (such as Apple, Facebook or Google), or by using an e-mail account. When using this log-in method, the relevant service provider will provide Piqniq with information that the User has made available through the relevant service provider’s privacy settings.

4.1.5 After the registration, the User has the option to upload a profile picture, or if it was made available through the privacy settings the profile picture in use at the User’s Facebook, e-mail or Apple ID is automatically uploaded (hereinafter referred to as “User Profile Picture”). The User may at any time modify the User Profile Picture. The User may not upload or make uploaded violent, naked, partially naked, discriminatory, infringing, hateful, pornographic or sexual photo or other similar picture (hereinafter referred to collectively as “Prohibited Picture”) as User Profile Picture.

The User is not allowed to upload a Prohibited Picture as Meal Picture.

The Service Provider reserves the right to delete the Prohibited Picture uploaded by the User as a Profile Picture or Meal Picture without prior notice at any time. In case the User uploads Prohibited Pictures two or more times, it will be considered as a behaviour that infringes materially the present GTC and sanctions set forth in Section 7.7 of this GTC shall apply.

4.1.6 The Service Provider is entitled to modify the detailed profile data.

4.1.7 The Service Provider shall not be liable for any damages arising from data wrongly and/or incorrectly given by the User. The User can any time change the data given during the registration. The registration shall be done once by the User, in case of further accesses to the Application this step is not required anymore.

4.1.8 The Service Provider shall not be liable for any damages arising from being the Users’ e-mail address and/or password available to unauthorized persons. The User can request assistance from the Service Provider at the hello@atemate.com e-mail address in case the e-mail address and/or the password is forgotten, lost or becomes available to unauthorized persons.

4.1.9 Under the present GTC, the User Contract between the parties shall be considered as a written contract in English language. The Service Provider shall record the data of the User who concludes the User Contract, the place and time of the User Contract, and the data provided by the User during registration and the text of the General Terms and Conditions which is in effect at the time of the conclusion of the User Contract. Upon the request of the User, the Service Provider sends information on the above to the User in writing.

4.1.10 The Website and the Application may be used by any User solely at their own risk and under their own responsibility.

4.1.11 After registration users can choose to opt-out or opt-in to AI features. Opting out will limit access to certain functionalities.

4.2 Registration of the Coach

The Coach Contract is concluded between the Service Provider and the Coach by the registration of the Coach through the registration interface accessible on the Coach Portal, with the following steps:

4.2.1 The Coach, in order to use the Services available on the Coach Portal, must register through the registration interface at the Coach Portal.

No person under the age of 18 may register on the Coach Portal.

4.2.2 Registration interface:

After completing the requested information in the registration interface, the Coach declares that they have learned and accept the content of the GTC and consents to the processing of their personal data as specified in the Policy as well as that they have read and accept Piqniq’s Data Processing Addendum (hereinafter: “DPA”). During the registration the Coach’s name, e-mail address, and password are required.

After providing the Coach’s data and accepting the GTC and the Privacy Policy as well as the DPA, the Coach sends its registration to the Service Provider. The Service Provider sends an e-mail confirming the registration to the e-mail address provided by the Coach in the registration sent.

The Coach activates their registration by clicking on the link in the confirmation e-mail and confirms the accuracy of the data contained in their registration, thereafter the system activates the Coach’s registration and therewith the Coach Contract between the parties is concluded.

To be able to access the Coach Portal, the Coach has to pay for a Coach Plan as set forth in Section 6.3 of the present GTC.

4.2.3 After registration, the Coach may, at any time, correct or modify the data input errors or any changes of the data through the Coach Portal.

4.2.4 Authentication with third party service providers

Authentication can be done by logging into the Application / Coach Portal as a user of a third party service provider (such as Facebook or Google), or by using an e-mail account. When using this log-in method, the relevant service provider will provide Piqniq with information that the Coach has made available through the relevant service provider’s privacy settings.

4.2.5 After the registration, the Coach has the option to upload a profile picture, or if it was made available through the privacy settings the profile picture in use at the Coach’s Facebook, e-mail or Apple ID is automatically uploaded (hereinafter referred to as “Coach Profile Picture”). The Coach may not upload or make uploaded a Prohibited Picture as Coach Profile Picture. The Service Provider reserves the right to delete the Prohibited Picture uploaded by the Coach as a Coach Profile Picture without prior notice. The User may at any time modify the User Profile Picture.

4.2.5 The Service Provider is entitled to modify the detailed profile data of the Coach.

4.2.6 The Service Provider shall not be liable for any damages arising from data wrongly and/or incorrectly given by the Coach. The Coach can any time change the data given during the registration. The registration shall be done once by the Coach, in case of further accesses to the Coach Portal this step is not required anymore.

4.2.7 The Service Provider shall not be liable for any damages arising from being the Coaches’ e-mail address and/or password available to unauthorized persons. The Coach can request assistance from the Service Provider at the hello@atemate.com e-mail address in case the e-mail address and/or the password is forgotten, lost or becomes available to unauthorized persons.

4.2.8 Under the present GTC, the Coach Contract between the parties shall be considered as a written contract in English language. The Service Provider shall record the data of the Coach who concludes the Coach Contract, the place and time of the Coach Contract, and the data provided by the Coach during registration and the text of the General Terms and Conditions which is in effect at the time of the conclusion of the Coach Contract. Upon the request of the Coach, the Service Provider sends information on the above to the Coach in writing.

4.2.9 The Coach Portal may be used by any Coach solely at their own risk and under their own responsibility.

4.2.10 The Coach is able to register a User Account if they are willing to use the Application, and the Coach’s Clients will not be able to see the data the Coach saved in their own User Account, unless the Coach specifically gives them right to do so.

5 SERVICES

5.1 Under this GTC, the Service Provider undertakes to provide the Customer with the Services pursuant to the functions and contents of the payment options specified in the present GTC.

5.2 The Application

5.2.1 Legacy Free version

5.2.1.1 By using the legacy free version of the Application (hereinafter: “Free Version”), the User has an opportunity to record the data and information related to the food they consume in an easy to use system as well as to set notifications in order to remind them to eat in times set by the User, or to review the meal they ate.

The User is able to start experiments in the Application such as eating from smaller plates or eating with non-dominant hand, but they are also able to create custom experiments. The Users can record their path until they end the experiment manually.

The data related to the eating that the User is able to record in the Free Version might change from time to time. Piqniq reserves the right to change the features available in the Free Version unilaterally at any time without notifying the User.

5.2.2 Premium (Full) Version

5.2.2.1 By using the paid version of the Application (hereinafter: “Premium Version”) the User has an opportunity to record the data and information as set forth in Section 5.2.1 of the present GTC, and the Premium Version provides extra features which are listed in the Application Stores. Piqniq reserves the right to change the features available in the Premium Version unilaterally at any time without notifying the User.

5.2.2.2 In case of certain Coach Accounts, if a User becomes a Client for a Coach, the User’s Application automatically upgrades to the Premium Version.

5.2.3 The Service Provider provides the opportunity in the frame of the Application, that a User can add a Coach as their friend by providing the Coach Code. This feature allows the Coach to track the data the User stores and the statistics generated based on the data entered into in the Application and helps the Coach to provide better advices on the eating habits of the User.

5.2.4 AI-powered features (such as image recognition, path analysis and future chat services) require that the user have AI Technologies enabled. If the user decides to disable AI Technologies, these features will not be available in the app.

5.3 Coach Portal

5.3.1 By using the Coach Portal, the Coach is able to add Clients to their Coach Account, to manage the Clients they added as well as to monitor the Clients’ data saved in the Application. The Client can be added by providing a User with the Coach Code which shall be typed or copied at the “Add Friend” menu point in the Application into the relevant bracket by the User. After adding a Client, the Coach is able to chat with the Client on the Coach Portal.

5.3.2 The Coach Portal is available after paying the service fee as set forth in Section 6.3 of the present GTC only.

5.3.3 Coaches are entitled to add up to 50 Clients to their Coach Account depending on what AteMate Coach Plan they purchased.

The Coach is able to invite Clients by sending an invite link generated in the Coach Account to persons of their choice. Once the invited person downloads the Application and adds the Coach as their friend, a notification will be sent to the Coach to approve the Client. After the approval of the Coach, the invited person becomes a Client and the Coach is able to monitor the Client’s in-Application activity on the Coach Portal.

5.3.4 Piqniq provides an opportunity to add more than 50 Clients to a Coach Account or to designate multiple Coaches that can manage a single Coach Account. For more information, please contact Piqniq.

5.4 Newsletter Service

5.4.1 Subscribing to the Newsletter Service provided by the Service Provider is available in the Application and also on the Website.

5.4.2 In the Application the Newsletter Service may be requested by clicking on the “subscribe” box on the ‘Send feedback’ page with the e-mail address given during the registration or later in the Application.

5.4.3 The Newsletter Service is available for anyone on the Website by clicking on the “Signup for our newsletter”, which service may be requested by giving the e-mail address and the first name of the visitor requesting Newsletter Service, accepting the Privacy Policy and clicking on the subscribe button.

5.5 Development of the Services

5.5.1 Piqniq continuously conducts the development of its products and Services, which includes testing, debugging, modifying, adding and/or removing certain features in the Services, including the Application and the Coach Portal.

5.5.2 Due to the continuous development, the Services may be interrupted for maintenance, repairs, or upgrades. Piqniq reserves the right to unilaterally discontinue or terminate access to some or all of the Services and/or certain features at any time without prior notice to the Users, including the Free Version of the Application.

5.6 Use of AI Technologies

5.6.1 Optional AI Features

Piqniq offers AI-powered features, including image analysis, path analysis, and a future chat service, as optional enhancements to your experience. These features are not required for the basic functionality of the app, and you have the choice to disable them. If you choose disable AI Technologies, please be aware that certain features and functionalities will not be available to you.

5.6.2 Accuracy and Limitations

While our AI technologies are designed to provide useful insights, they may not always be accurate or comprehensive. The use of AI-generated content is at your own discretion, and Piqniq is not liable for any decisions or actions taken based on such content.

5.6.3 User Responsibility and Liability

By enabling Piqniq’s AI-powered features, you agree that Piqniq is not responsible for any outcomes resulting from the use of AI-generated content, including image analysis and path review analysis. Users should verify AI-generated information and understand that some features are only accessible with AI enabled.

5.6.4 Data Usage and Storage

If you enable AI features, data such as image analysis results will be stored in your account. For more details on data handling, refer to our Privacy Policy.

5.6.5 Modifications to AI Features

Piqniq may modify, enhance, or discontinue AI-powered features at any time. These changes may affect the availability of certain features for users who have enabled AI Technologies.

 

6 PAYMENT CONDITIONS

6.1 Downloading the Application is free of charge.

6.2 Payment of the User

The payment for the use of the services available in the Premium (Full) Version can be made through the given Webstore from where the Application was downloaded to the device of the User. To the rules of payment of the amounts indicated in the Application, including the conditions of using the payment service, conditions of starting and recalling the payment operations, the respective rules of the given Webstore are applicable which are established independent from the Service Provider.

The contents of the Application that are available in exchange for payment can be obtained by the User by paying the amount of the payment construction indicated in the Application. If the payment construction chosen by the User is not available anymore, however such payment construction is not canceled by the User, the deletion of such payment construction shall not affect the ongoing subscription.

The Service Provider provides a free trial period for new subscribers for most payment constructions set forth in the present section, after setting up a payment method. Some special subscriptions offers do not include a free trial period.

The Service Provider provides an opportunity to the User to set an automatic renewal for each payment construction. If the User uses the automatic renewal option without any prior notice, considering the payment conditions of the Webstore, the Service Provider will charge the payment account indicated by the User and make the Services and functions related to the payment construction available for the User for the period depending on the selected payment construction.

In some instances, payment for the Premium (Full) Version can be issued via the Website. The payment on the Website is processed by Stripe, which means the User shall be bound by the terms of Stripe.

The contents of the Application can be accessed by the User by paying the amount of the subscription payment construction indicated on the Website. If the payment construction chosen by the User is not available anymore, however such payment construction is not canceled by the User, the deletion of such payment construction shall not affect the ongoing subscription.

The subscription for the Application is renewable for the period depending on the User’s choice, however Piqniq offers discount on yearly renewed subscriptions.

The User is entitled to change the type of the payment construction they selected at any time.

6.3 The payment for the use of the Coach Portal can be issued via the Website. The payment of the Coach is processed by Stripe, which means the Coach shall be bound by the terms of Stripe.

The contents of the Coach Portal can be accessed by the Coach by paying the amount of the AteMate Coach Plan’s payment construction indicated on the Website. If the payment construction chosen by the Coach is not available anymore, however such payment construction is not canceled by the Coach, the deletion of such payment construction shall not affect the ongoing subscription.

The subscription for the AteMate Coach Plan is renewable for the period depending on the Coach’s choice, however Piqniq offers discount on yearly renewed subscriptions.

The Service Provider provides a 21 (twenty-one) day trial period for new subscribers for all AteMate Coach Plans, after setting up a payment method.

After the twenty-one-day trial period expired, without any prior notice the Service Provider will charge the payment account indicated by the Coach and make the Services and functions related to the selected AteMate Coach Plan available for the user for the period depending on the selected type of the subscription.

6.4 The all-time payment for each payment construction and the Services and functions available for each payment construction is indicated by the Service Provider in the Application and on the Website. The all-time price of each content that is available in exchange for payment is indicated next to the content of the Application. The prices indicated do not include sales tax.

6.5 The Service Provider is entitled to provide discounts, special offer purchases (hereinafter: “Discounts”) to the Customer at dates and duration determined solely by the Service Provider, the availability and conditions of the Discounts shall be indicated by the Service Provider in the Application or on the Website to inform the Customer. The Service Provider is entitled to introduce, terminate, modify the conditions of the Discounts at its own discretion, of which change shall be without delay indicated in the Application and on the Website to inform the Customer.

6.6 The Service Provider is entitled to allocate Discount codes for Customers determined solely by the Service Provider. The Service Provider is entitled to determine the conditions of the Discounts and obliged to inform the given Customer about it.

7 THE OBLIGATIONS OF THE CUSTOMERS

7.1 By registration, the Customer is obliged to provide their data correctly. The Customer shall be liable for all damages and costs incurred by the Service Provider, the Customer or a third person as a result of the Customer providing incorrect data.

7.2 The Customer, in terms of the data, the uploaded photographs and other documents uploaded by the User during and after registration, is obliged to comply with the applicable legislation. The Customer shall refrain from any conduct that violates the provisions of this GTC, the rights of others, or is otherwise unlawful, misleading, discriminatory or unfair.

7.3 The Customer may not upload viruses or malicious code and may not display any behaviour that overloads the Website, the Coach Portal or the Application, or makes them inaccessible, or prevents their operation.

7.4 The Customer shall be liable for any damages (including any restitution) that arise at the Service Provider or at a third party, because the Customer has not complied with their obligations set out in the GTC. The Service Provider reserves the right to remove, without delay and without notice to the Customer, any Customer content that violates this GTC, or to exclude the Customer from any further use of the Service, if they publish such content.

7.5 The Service Provider expressly excludes any liability for any damages, including any restitution, arising from erroneous, false, ambiguous or unlawful content provided by the Customer.

7.6 The Customer is obliged to comply with the provisions of this GTC and of other bylaws of the Service Provider. Any damages, including restitution, resulting from the violation of such provisions shall be borne by the Customer. The Service Provider reserves the right to exclude such Customer without any notice from the Service who violates the obligation set out in this clause.

7.7 The Customer acknowledges that if for reasons of unlawful behaviour or of any other behaviour that infringes the current GTC or any other document the Service Provider publishes the Customer is banned from the Services and the service fee already paid by the Customer shall not be recoverable.

8 AMENDMENT, TERMINATION OF THE CONTRACT

8.1 The Service Provider shall be entitled to amend this GTC unilaterally at any time. The Service Provider publishes the amendment on the Website and notifies its Customers thereon and in the Application through a system message. The amended GTC shall apply to the services which are initiated both prior to and subsequent to the publication of the amended GTC.

8.2 The Customer shall be entitled to cancel their registration at any time by sending an e-mail to the privacy@atemate.com e-mail address, which shall also mean the termination of the Contract concluded with the Service Provider. By cancelling the registration, the Customer’s profile will be terminated. The deletion of the registration does not mean that the Customer unsubscribes from the Newsletter Service based on the Customer’s separate consent during the registration or previous to the registration either with the same or with a different e-mail address, thus if the Customer intends to unsubscribe from the Newsletter Service simultaneously with the deletion of the registration, the Customer shall indicate such intend separately to the Service Provider.

8.3 The Service Provider shall be entitled to unilaterally terminate the Contract with immediate effect, if the Customer violates any of its obligations set out in this GTC and in any other bylaws of the Service Provider or in applicable law.

8.4 If the Service Provider detects, becomes aware of, furthermore the possibility arises that the User registered and / or uses the Application without the consent of the legal representative in case of minor User under the age of 16, or the legal guardian in case of incapacitated User or User with partially limited capacity, the Service Provider is entitled to notice the User to verify in a reliable way in a reasonable time, but not more than 5 (five) days after the receipt of such notice that the consent of the legal representative or the legal guardian has been given. If the User does not verify in a reasonable way and within the period indicated above the consent of the legal representative or the legal guardian, the Service Provider is entitled to terminate unilaterally the Contract with an immediate effect and to delete the User Profile.

8.5 The Service Provider reserves the right to terminate - on 30 days’ notice, without giving reasons, and by e-mail - the Contract concluded by the acceptance of this GTC.

8.6 The Service Provider shall notify the Customer on the termination of the Contract by sending a message to the e-mail address provided during registration.

9 INTELLECTUAL PROPERTY

9.1 By accepting this GTC, the Customer acknowledges that the Services, including, but not limited to, contents, illustrations, user interfaces, audio and video clips, editorial content, as well as scripts and software used for the implementation of Services, contain such proprietary information and material the right holders of which are the Service Provider and/or the licensor, and which are protected by applicable intellectual property or other legislation, including, but not limited to, copyright protection. The Customer accepts that they may not use such proprietary information or contents in any other manner than the private, non-commercial use of the Services set out in this GTC. It is prohibited to reproduce any part of the Services in any form or by any means unless expressly permitted by this GTC. The Customer acknowledges, that they may not, in any way, modify, let, sell or distribute the Services or the Application or any part thereof, and they shall not be entitled to use the Service in any manner expressly not permitted.

9.2 The “AteMate” name, the AteMate logo and any other trademarks, illustrations and logos used in relation to the Service are trademarks of the Service Provider or the Service Provider has the right to use them. The Customers shall have no rights or no right of use in respect of the above-mentioned trademarks or intellectual property.

9.3 The content of the Application and the Website, including, but not limited to, its graphic elements, text and technical solutions, the layout and design of the Application and the Website interface, the software and other solutions, ideas and implementation used, as well as the content on the Website or on the Application published by the Service Provider are the intellectual property of the Service Provider protected by copyright. The copying thereof, in whole or in part, violates copyrights.

9.4 The use of the Application shall under no circumstances result in the source code being decrypted or deciphered by anyone or in any other way infringe the intellectual property rights of the Service Provider. It is also forbidden to adapt or decrypt the content or any part of the Application; to unfairly create a User Account or a Coach Account; the use of any application by which the Application or any of its part can be modified or indexed (e.g. search bot, or any other decryption).

10 EXCLUSION OF WARRANTY, LIMITATION OF LIABILITY

10.1 The Customers may only use the Services at their own risk and accepts that the Service Provider shall not be liable for any material damages or personal infringements arising in connection with the use, apart from the liability for damages caused deliberately, by gross negligence or criminal offenses, as well as for breaches of contract causing death or injuries to physical integrity or health.

10.2 The Service Provider excludes any liability for the Customer’s conduct. The Customer is fully and exclusively liable for their own conduct, including the data and other documents recorded in the Application or on the Coach Portal or on the Website, in such a case, the Service Provider shall cooperate fully with the competent authorities to detect infringements.

10.3 The Service Provider shall be entitled but shall not be obliged to monitor the content that may be made available by the Customer in the course of the use of the Services, and the Service Provider shall be entitled but shall not be obliged to look for signs of illegal activity with respect to the published content. The Customer acknowledges that the Service Provider does not assume any obligations or liability for any data which are edited or uploaded by the Customer. The Customer acknowledges that the Service Provider assumes no liability whatsoever for the content of the data and photographs uploaded to the Application or to the Coach Portal, in particular, for their accuracy, authenticity and legality.

10.4 The Customer shall be liable to the Service Provider for any damages sustained by the Service Provider caused by the Customer’s non-compliant and/or unlawful use of the Services.

10.5 In lack of the prior written consent of the Service Provider, the Customer is not entitled to use the Services for advertising or other promotional or political purposes.

10.6 If the Customer detects any objectionable content (which, in particular, violates the rights or legitimate interests of others, is defamatory, humiliating, abusive, inflammatory, of sexual content and threatens minors, etc.) or observes unusual operation on the Services, they shall immediately notify the Service Provider thereon. If the Service Provider finds the notification well-founded, it shall be entitled to cancel or modify the information immediately.

10.7 The Service Provider shall operate the Services with reasonable diligence and expertise. The Service Provider will do its best to ensure the continuous availability of the Services available on the Website and on the Application, however, due to the nature of the Internet, the Service Provider cannot guarantee the continuous operation and the continuity of the Services. The Service Provider shall not assume any liability for any direct or indirect damages caused by technical shutdowns, breaks independent of the Service Provider or destructive applications or programs placed by third parties. Furthermore, the Service Provider shall not assume any liability for any direct or indirect damages caused by breakdowns, pauses or any other defects, inaccessibility occur at the service providers (e.g. Google, Apple) used by the Service Provider. The Service Provider will take all reasonable steps to ensure the visits on the Website and on the Application and the use, safety and reliability of the Application, however, technical errors may still occur, and the Service Provider presumes that the Customer acknowledges the possibility of such technical errors.

10.8 The Service Provider does not make any further statements and undertakes no further warranties regarding the Services, thus, in particular, it does not warrant that:

10.9 The Customer shall rely on the contents available in the Application, the Coach Portal and on the Website at their own risk. The content and information available in the Application, the Coach Portal and on the Website serve informational purposes only. User shall use all functions of the Application at their own risk and the Service Provider shall not be liable for any consequences resulting from the use of the Application.

10.10 THE SERVICE PROVIDER DOES NOT PROVIDE MEDICAL ADVICE ON THE WEBSITE AND THE INFORMATION PROVIDED THROUGH THE APPLICATION CANNOT BE INTERPRETED OR APPLIED AS SUCH ADVICE. THE USER HEREBY DECLARES THAT THE USER WILL NOT MAKE ANY DECISIONS REGARDING THEIR HEALTH STATUS BASED ON THE APPLICATION OR THE WEBSITE AND WILL CONSULT A LICENSED MEDICAL DOCTOR IN ALL SUCH MATTERS.

11 MISCELLANEOUS PROVISIONS

11.1 The Service Provider may communicate its legal statements relating to this Contract with effect to the Customer in a system message sent to the e-mail address provided by the Customer during registration. The system message shall be considered to be delivered to the e-mail address registered by the Customer at the time of sending it. The data stored by the Service Provider’s IT system shall be applicable to determine the sending time of the system message.

11.2 The Service Provider is entitled to place advertisements or other marketing-related content at any time on the Website or in the Application.

11.3 The Service Provider reserves the right to make changes or corrections to the Website or the Application without prior notice at any time. The Service Provider also reserves the right to place the Website under a different domain name.

11.4 The Services are created and controlled by Piqniq, Inc. in the State of Colorado in the United States of America, as such, the laws of the State of Colorado will govern the present GTC, without giving effect to any principles of conflicts of laws. Disputes arising between the Service Provider and the Customer from the Contract established under this GTC shall be settled by the state and federal courts within the State of Colorado. By accepting the present GTC, the Customer hereby irrevocably waive objection to and consent to the jurisdiction of the state and federal courts within the State of Colorado.

11.5 This GTC shall enter into force upon publication on the Website and shall remain in force until its cancellation or amendment.

Please accept the present GTC only, if you agree with the above.

If you have any further questions regarding the GTC, please contact us at hello@atemate.com

The present General Terms and Conditions are effective from July 1, 2021.

Piqniq, Inc.

PRIVACY POLICY OF PIQNIQ

The Privacy Policy of Piqniq can be accessed here.

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