Darefore App – Terms of Use

(Last Update December 2023)

These Terms of Use, together with the documents referenced herein (collectively the “Terms”), apply to the mobile application named “Darefore ” (the “App”). Mirror 3D Lab Ltd, a limited liability company duly registered under the laws of the Republic of Cyprus, with Registration Number ΗΕ 395983 and registered office address at Alexandrou Papagou, 79, 8027, Paphos, Cyprus (the “Company,” “we,” “us,” or “our”) permits you, as a user of the App, to use the App for the purpose of monitoring, correcting and analysing real-time the body posture during a cycling ride.

Use of the App is subject to these Terms and, depending on the version of the App you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”) with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes (“App Store”) and https://play.google.com/store (“Play Store”).

If there is any conflict between these Terms and the Platform Terms, then these Terms will prevail.

You (“you,” the App user”) may only utilize the App in accordance with these Terms.

IMPORTANT NOTICES:    

1. 1. Please read these Terms carefully before downloading, installing or using the App. By downloading, installing, accessing, browsing or using the App, you accept and agree to these Terms which bind you legally. The Terms are entered into for the benefit of the Company. If you do not agree to these Terms as may be revised from time to time, you are not permitted to use the App and you must immediately cease downloading, installing or using the App.
   2. For more detailed description of the App and how it works click here.
   3. The content provided in the App is provided to you free of charge and is intended for the purpose of monitoring, correcting and analysing in real-time the body posture during a real ride as a user of the App. You should not rely on any information provided in the App for any other reason (i.e. health advice).
   4. If you experience any technical issues with the App, or you would like to contact us regarding these Terms, you may send us an email at support@darefore.com
   5. In order to use the App, you must have a compatible device which meets the following minimum specifications: for Android, 5.0 and up. Any compatible device to which you download the App will be known as a “Device” for the purposes of these Terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the App on such Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
   6. In order to access the App, you must create a user profile, by signing via social media, or by email address. By creating a user profile via your email address, you must also set up a password.

ACKNOWLEDGEMENTS

1. 1. These Terms apply to the App, including any updates or supplements thereto. The Company may change or revise these Terms from time to time in its sole discretion, with or without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions. If you continue to use this App, you are deemed to have accepted such revisions. If you do not agree to such revisions, you should not use the App.
   2. From time to time, the App may be updated through the App Store and Play Store. You may not be able to use the App until you have installed the latest version.
   3. You confirm that you are at least 18 years old and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorised to use the App as a representative of the entity and agree to these Terms on behalf such entity. 

PRIVACY 

Your submission of information, including personal information, through or in connection with the App (if any) is governed by the terms of our privacy notice as updated from time to time, available at the following link: https://darefore.com/privacy-policy/ . (“Privacy Policy”). 

THIRD PARTY CONTENT 

The App may contain links to independent third party devices or other applications (“Third Party Sites”). Third Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third Party Sites.

LICENSE 

Subject to these Terms, the Privacy Notice and the Platform Terms (as applicable), we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the App on the Devices for the purpose of monitoring, correcting and analysing in real-time the body posture during a real ride. Any other use of the App is strictly prohibited. We reserve all rights in and to the App. The Company reserves the right to revoke this license at any time, in its sole discretion. 

LICENSE RESTRICTIONS 

1. 1. Except as expressly permitted under these Terms you agree not to use the App in a way that: 
      • is unlawful, illegal or unauthorised;
      • is defamatory of any other person;
      • is obscene or offensive;
      • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • infringes any copyright, database right or trade mark of any other person;
      • is likely to harass, upset, embarrass, alarm or annoy any other person;
      • is likely to disrupt our service in any way; or
      • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
      • If you become aware of any unauthorized use of the App, you must immediately notify the Company thereof.
      • The Company has the right to block access to or remove you as a user from the App In case of any violation of the above or any other terms of this Agreement.

INTELLECTUAL PROPERTY RIGHTS

1. 1. You acknowledge that (i) all intellectual property rights in and to the App belong to the Company or their licensors, (ii) the rights granted herein are licensed (not sold or transferred) to you, and (iii) you have no rights in, or to, the App or its content other than the right to use the App in accordance with these Terms (the “License”). 
   2. All trademarks, service marks, trade names, and logos are proprietary to the Company or used by the Company with the permission of their respective owners. Nothing contained on in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of the Company or the applicable owner. Your use of the trademarks displayed in this App, or any other content in this App, except as provided herein, is strictly prohibited.

DISCLAIMER 

1. 1. The App is provided ‘as is’ and ‘as available’, to the extent permitted by applicable law, the Company and its’ owner, directors/ managers, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of the App shall be at your sole risk. The Company, the App Store and the Play Store, shall not have any obligation to furnish any maintenance and/or support services with respect to the App. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the App. 
   2. We make no representation or warranty as to the validity, accuracy, reliability or availability of the App or its content. Such information is also subject to change at any time without notice. 
   3. We do not warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected or that the App is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the App. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by the App. 
   4. You assume the entire cost of all necessary servicing, repair or correction in respect of your Device. 
   5. The App does not constitute a “medical device” within the meaning of Regulation (EU) 2017/745 of the European Parliament and the Council.
   6. Nothing in this Terms of Use will require that an electronic device or equipment be used when or where its use may interfere with medical or monitoring equipment or may otherwise constitute a threat to a Patient’s medical condition.

LIMITATIONS/ EXCLUSIONS OF LIABILITY 

1. 1. Nothing in these Terms shall exclude or in any way limit our liability for death or personal injury caused by our negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
   2. To the fullest extent permitted under applicable law, in no event shall we be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
   3. We shall not be liable even if we have been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
   4. In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall our liability arising under or in connection with these Terms and your use of the App exceed €50 (Fifty Euro).
   5. In any case, however, we will not be liable for damage that you could have avoided by installing the latest version of the App or for damage that was caused by you failing to correctly install the App or have in place the minimum system requirements. 
   6. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the App.

•  

AVAILABILITY 

1. 1. Without limitation to the generality of our rights under paragraph 12 below, in the event of your breach of these Terms we will be entitled to terminate the Licence immediately and/ or temporarily or permanently, in whole or in part, modify, suspend or discontinue the App without liability to you, to the extent allowed under applicable law.
   2. In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. You also acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

•  

INDEMNIFICATION 

To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by us that arise out of your use of the App in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the App and you agree to assist and co-operate with us in relation to any such claim. 

TERMINATION  

The Company may discontinue, suspend or modify the App at any time without notice and may block, terminate or suspend your access to the App at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the App and remove it from all applicable Devices. 

EVENTS OUTSIDE OUR CONTROL 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks. 

THIRD-PARTY PLATFORM TERMS 

With respect to downloading the App, you agree to comply with the Platform Terms, as applicable. You acknowledge that the availability of the App may be dependent on the third-party site from which you receive the App. You acknowledge these Terms are between you and the Company and not with such third party. No third party is responsible for the App, the content thereof, maintenance, support services, and warranty therefor, or addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). 

LAW AND JURISDICTION 

These Terms are governed and construed by the laws of the Republic of Cyprus and you consent and submit to the exclusive jurisdiction of the Courts of the Republic of Cyprus to resolve any dispute between us arising under or in connection with these Terms.

GENERAL TERMS 

1. 1. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 
   2. These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms. 

•