BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
1. The Service
The VitaQ Mobile Application is a platform provided by C-Tech ("VitaQ," "we," "us," or "our") to organizations such as sports academies and training centers (each, an "Organization"). Your access is provided through your affiliation with an Organization, which is the primary administrator of its instance of the Service.
2. End-User License Agreement (EULA)
We grant you a limited, non-exclusive, non-transferable, revocable license to use our mobile application for your personal or organizational non-commercial use on devices you own or control. You agree not to copy, modify, reverse engineer, use automated systems to extract data, or install the application on jailbroken or rooted devices.
3. User Accounts
You are responsible for safeguarding your account credentials. If you are a parent or guardian managing an account for a minor, you are fully responsible for their compliance with these Terms.
4. User Content and Conduct
In simple terms: You own what you upload, but you give your Organization and us permission to use it as needed for the app to work.
You retain all rights to content you upload ("User Content"). By providing User Content, you grant a license to your Organization to use it for their purposes and a limited license to C-Tech to host and display the content as necessary to provide the Service.
5. Privacy and Data Protection
Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into these Terms. Your Organization is the Data Controller for your personal data, and we act as a Data Processor on their behalf.
6. Intellectual Property
The Service and its original content (excluding User Content) are the exclusive property of C-Tech. While you or your Organization retain ownership of performance data, any aggregated or anonymized insights derived from such data for improving the Service belong to us.
7. Disclaimers and Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We are not responsible for the actions or decisions of Organizations or Users, including any training advice or evaluations. We are not liable for any physical or other harm arising from training programs provided by your Organization through the Service.
8. Limitation of Liability
To the fullest extent permitted by law, C-Tech shall not be liable for any indirect, incidental, special, or consequential damages. Our total aggregate liability for all claims shall not exceed one hundred dollars ($100). This limitation does not apply to liabilities that cannot be excluded by law, such as those arising from our gross negligence or willful misconduct.
9. Indemnification
You agree to indemnify and hold harmless C-Tech from any claims arising out of your intentional violation of these Terms, your deliberate misuse of the Service, or any User Content you post that you know infringes third-party rights.
10. Dispute Resolution
For US residents, you agree to resolve disputes through binding arbitration instead of court, and you waive any right to participate in class-action lawsuits. You may opt out of arbitration within 30 days of accepting these Terms.
11. Termination
We may terminate or suspend your access for any reason, including a breach of these Terms, with reasonable notice where practicable. Your Organization may also terminate your access. If the agreement between your Organization and C-Tech is terminated, your access will also be terminated. For details on data handling after termination, please refer to our Privacy Policy.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Delaware, USA. You agree that any legal action will be brought exclusively in the courts located in San Francisco, California. However, this does not prevent you from bringing claims in your local courts if required by applicable consumer protection laws (e.g., under GDPR for EU residents).
13. General Provisions
These Terms constitute the entire agreement between you and C-Tech. If any provision is held to be invalid, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign your rights under these Terms without our prior written consent.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via in-app notification or email. If you do not agree to the new terms, you may terminate your use of the Service.
15. Contact Information
If you have any questions about these Terms, please contact us at:
C-Tech
Legal Department
Email: support@vitaq.app
Address: The Millennium Tower - Office 35, 2nd Floor - Hamdan Bin Mohammed St, Al Danah - Zone 1 - Abu Dhabi