Terms & Conditions

1 - GENERAL PROVISIONS

inCORPUS® has designed a solution that helps you achieve your performance and balance goals. These Terms and Conditions of Use (“Terms and Conditions”) apply to your access and use of the inCORPUS® solution. The inCORPUS® solution includes the mobile application, dashboard available via Internet access (the Dashboard) and associated products and services (e.g. heart rate monitor).

These Terms and Conditions constitute an agreement between be.care SA and you; be.care SA is a company constituted under Swiss law having its registered office at Chemin du Closel 5, 1020 in Renens, Switzerland, it being specified that the entire agreement is constituted by these General Terms and Conditions of Use, General Terms and Conditions of Sale and the individual contract concluded with be.care SA.

When these Terms and Conditions refer to the terms “inCORPUS®”, “we” or “us/our”, they refer to the entity that provides you with the inCORPUS® product under your agreement.

You must accept these terms and conditions to create an inCORPUS® account and access /or use inCORPUS®. If you do not have an account, you agree to these terms and conditions using all or part of the inCORPUS® Solution. If you do not accept these terms and conditions, please do not create an account or use inCORPUS®.


2 - PRIVACY POLICY

For more information on our data practices, please refer to our Privacy Policy and in particular the scope of your consent as well as our statement on the use of cookies. By accessing/or using inCORPUS®, you agree that we may collect and use your information in accordance with the Privacy Policy.

To summarize, we would like to point out that in the context of your use of our services we may collect certain information about you. These data are used to offer you our services. We can also use these data in research and development to improve our services. In this context, we always use the data in a completely anonymous form.


3 - USE OF inCORPUS®

Minors are not allowed to create inCORPUS® accounts without the consent of their parents.

3.1 - Use of inCORPUS® by an athlete (solo configuration)

When using the inCORPUS® solution, the athlete can access the results of his/her check-ups on the inCORPUS® mobile application and also through his/her personal access to the inCORPUS® dashboard.

3.2 - Use of inCORPUS® by coaches and their athletes (team mode)

In the context of the use of inCORPUS® by a Coach and his/her athletes, the Coach accesses the results of the check-ups undergone by athletes in his/her team; the Coach accesses these check-ups through his/her personal access to the inCORPUS® scorecard (Dashboard).

By accepting these Terms and Conditions of Use, Athletes agree that their personal data, measured by inCORPUS®, shall be transmitted to their Coach and that the Coach may choose whether and how such data will be transmitted to the Athlete to help him/her achieve his/her performance objectives.

If he/she wishes, upon express request, the Athlete may obtain all data relating to him/her directly from the Coach.

In this case, the Coach undertakes to transfer all the information required to the Athlete at the latter's request.


4 - ACCOUNT CREATION

Full use of inCORPUS® requires the creation of an account. You will need to provide us with information such as your full name and a valid email address, as well as a password with a strong level of security. You are responsible for all activities related to your account. The inCORPUS® Solution is not responsible for any loss or damage resulting from your failure to maintain the confidentiality of your account identifiers. Please contact be.care SA if you discover or assume the existence of any security breach related to inCORPUS® or your account.


5 - NECESSARY EQUIPMENT AND COMPATIBILITY

Full use of inCORPUS® requires the use of a thoracic heart rate monitor, access to an Internet browser for viewing the Dashboard, a smartphone and an Internet connection. The maintenance and safety of this equipment can influence the performance of inCORPUS® and you need to ensure the proper operation of the equipment.

In order to ensure the proper operation of its inCORPUS® Solution, be.care SA recommends the use of a heart rate monitor that guarantees maximum signal transmission quality, to be used as per the manufacturer's notice. A list of heart rate monitors can be made available on request.

It is your responsibility to make sure that the heart rate monitor inONE, distributed by be.care S.A. is compatible with your other tools. be.care S.A. cannot guarantee the compatibility between an inONE heart rate monitor and a third party device.


6 - RIGHTS OF be.care SA

The inCORPUS® Solution and its technology are protected by all texts and laws relating to trademark copyright and intellectual property as well as any other Swiss and foreign laws relating to the subjects and activities involved.

You agree not to move, modify or conceal any copyright, trademark, service mark or other intellectual property features incorporated into or accompanying inCORPUS®. It is prohibited to copy, print or use without our prior written permission all or part of our logos, documents, materials, trademarks and other aspects of our intellectual property appearing on the inCORPUS® application, the Dashboard and the inCORPUS® website such as imitating the general appearance and style of inCORPUS®, including page headers, graphics, icons and characters.

It is prohibited to test the vulnerability of the inCORPUS® system, to breach any security or authentication measures, to circumvent any technological measures implemented by be.care SA to protect inCORPUS® or the inCORPUS® content and to access inCORPUS® or inCORPUS® content by using any mechanism other than an authorized connection.


7 - WHAT CAN YOU DO WITH inCORPUS® ?

Are you an athlete ?

inCORPUS® is for your personal, private use.

be.care SA grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access the inCORPUS® (application and Dashboard) solution and use it as permitted under these Terms and Conditions. This license is provided only for your private use and personal enjoyment, in the manner permitted by these Terms and Conditions.

Are you a coach ?

inCORPUS® is for your private and professional use.

As part of your work you help athletes/clients achieve their performance goals.

inCORPUS® allows you to introduce customized follow-up of your athletes/clients. To do this you must take out the number of licenses you need.

On the other hand, you are not authorized to distribute, license, sell, lease, hire, transmit, broadcast or otherwise operate the inCORPUS® solution unless expressly authorized by these Terms and Conditions.


8 - OUR ENFORCEMENT RIGHTS

We reserve the right (without any obligation on our part) to remove or deactivate access to inCORPUS®, as well as any inCORPUS® content or your content at any time and without notice, at our sole discretion, if we consider that the inCORPUS® content, your content or your use of inCORPUS® is unacceptable or breaches these Terms and Conditions. We are entitled to investigate and respond to any breach of these Terms and Conditions or any conduct affecting inCORPUS® by any action we consider appropriate.


9 - LIMITATION OF LIABILITY

The inCORPUS® Solution is an interpretation tool in the analysis of the physical condition of a user which helps him/her achieve his/her performance and balance objectives. The inCORPUS® Solution is not, however, a health device. inCORPUS® is not intended to treat, cure or prevent any disease. If you suffer from any heart disease and/or problems, please consult your doctor before using inCORPUS®. We cannot be held liable for any health problems that may arise from the use of inCORPUS®.

You acknowledge and agree that the analyses created by the inCORPUS® Solution may, for a variety of reasons, lead to incorrect results or may be the subject of various interpretations. The coach is required to raise awareness of this point in his/her athletes/clients who are monitored by the inCORPUS® Solution.


10 - ALERTS AND NOTIFICATIONS

As part of your use of inCORPUS®, you can receive notifications, emails and other electronic communications. You agree to receive these communications. We may send you certain communications such as service announcements and administrative messages. You are responsible for payment of the message or data charges that may be charged to you by your wireless operator.


11 - CHANGES TO THE inCORPUS® SERVICE

be.care SA may at any time and without notice modify or discontinue, on a temporary or permanent basis, any function, component or content of inCORPUS®. If such change, interruption or suspension has an impact on your use of the Service or otherwise disrupts your use, please contact us at info@becare.swiss. Except in the case of minor changes to the Services, you will have the option of terminating the contract with be.care SA by giving written notice to info@becare.swiss within 10 days of the change. In addition, be.care SA is not liable to you or any third party for the consequences of any modification, suspension or interruption of any functions, components or content of inCORPUS®.


12 - TERMINATION FOR GOOD REASON

In the event of a breach of these Terms and Conditions or a breach of be.care SA's rights (including, but not limited to, the rights mentioned in Figure 5), we reserve the right to immediately suspend or deactivate your account or access to certain features or even to the whole of inCORPUS®, and/or terminate your contract with immediate effect, at any time, without notice and without any liability to you. As a result of such suspension, deactivating or termination, we may delete or remove your content, as well as other information related to your account. You may close your account at any time by contacting Customer Support. Following the termination of these Terms and Conditions or following the suspension, termination or interruption of inCORPUS® as well as your account, the following provisions of these Terms and Conditions shall remain in effect: Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, 13. Furthermore, in the event of the termination, suspension or deactivation of your account or your access to certain features or to the whole of inCORPUS®, the price shall remain due until the date initially set out in the contract as a contractual penalty.


13 - GENERAL TERMS AND CONDITIONS

These Terms and Conditions of Use constitute, together with the General Terms and Conditions of sale, the privacy policy and the individual contract entered into with be.care SA, the whole agreement between be.care S.A and you concerning the use of the inCORPUS® Solution; these Terms and Conditions of Use supersede any prior oral or written arrangement or agreement between be.care SA and you regarding the use of the inCORPUS® Solution and its content.

We will inform you before making any significant changes to these Terms and Conditions and will give you the opportunity to consult the amended Terms and Conditions before continuing to use the inCORPUS® Solution.

If, for any reason whatsoever, any of the provisions contained in these General Terms and Conditions of Use is found to be invalid or unenforceable, the other provisions of these Terms and Conditions of Use shall remain in full force and effect.


14 - ADDITIONAL TERMS AND CONDITIONS MAY APPLY

Additional terms and conditions may apply to certain products and services. In the event of a conflict between these Terms and Conditions and any additional terms and conditions, the additional terms and conditions shall prevail.


15 - CONTACT US

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS.

You can contact us at info@becare.swiss or at our postal address below:

be.care SA, Chemin du Closel 5, 1020 Renens, Suisse