Last updated on Monday, 24 august 2020
Before using the Service, you acknowledge and agree that by participating in a physical activity, a possibility of physical injury always exists. If you engage in any exercise in connection with the Service, you agree that you do so at your own risk.
Persons under the age of 18 may not use the Service without parental consent.
IMPORTANT- IF YOU ARE A USER IN THE UNITED STATES OF AMERICA, THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Stellar is a digital intelligent personal trainer that offers personalised work out programs and exercises recommended for you.We do this based on technology such as computer vision and artificial intelligence.Our purpose is to make personalised exercise easily accessible to everyone with your phone or device as the only tool.
We do not grant you or anyone else permission to copy or alter the Appin whole or in part. You, or a third party, may not without our consent develop, add to, decompile or reverse engineer the App or any of its components. It is not allowed to re-create the source code or its functionality, or make copies of the software, other than as expressly permitted by mandatory law.
You may not use the Service to distribute viruses, trojans or similar programs.
Your account is personal, and you are not allowed to transfer your account to any third party or to allow a third party to use the Service through your user account. You are responsible for protecting your login information from access by unauthorized persons. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has gained unlawful access to your user account.
Please note that if your account is left inactive during a period of 90 consecutive days, we have the right to make your account “invisible”, meaning that all account information is saved, but the account is de-activated and needs to be activated for you to be able to use it again. Additionally, if your user account is left inactive during a period of 365 consecutive days, we have the right to cancel your user account permanently.
We do not want the Service to be used for anything other than its intended purposes. Hence, you may only use the Service in accordance with its intended purpose, as described above. If you do not accept this, we ask you not to use the Service.
When you use the Service, you may upload content such as photos to use as profile pictures and other related material to the Service ("User-generatedMaterial").
(a) is false, misleading, untruthful or inaccurate,
(b) promotes or encourages illegal activity,
(c) is racially or ethnically offensive and/or constitutes agitation against a minority (such as a national or ethnic group),
(d) constitutes defamation, contains pornography or is in any other way sexually explicit,
(e) attacks sexual orientation or religion or is discriminating in any other way,
(f) constitute insult or persecution of a person,
(g) is in any way harmful, abusive, offensive or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trade marks), or
(h) otherwise contradicts the Service's intended purposes.
We respect the intellectual property rights of others, and we require you to do the same when interfacing with the Service.
Always Exploring has a policy for repeat infringers and may, in appropriate circumstances and at our discretion, terminate service and/or access to this Service for users who infringe or repeatedly infringe the intellectual property rights of others.
Ownership of all User-generated Material that you post belongs to you, or the third party that owns the intellectual property rights to suchUser-generated Material. You hereby give us a worldwide, perpetual, non-exclusive, gratuitous and transferable right to possess, process, store, publish, distribute, stream, transmit, playback, transcode, copy, present, display and otherwise use the User-generated Material to provide and market theService or any of our current or future products or services.
You warrant that you have all necessary rights to show and post and uploadUser-generated Material, to use the User-generated Material in all other way sand to grant us the license to the User-generated Material as described above.
You are responsible for securing your access to the network necessary to use the Service. There may be additional costs for e.g. transfers of data. These costs are not paid by us. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use the Service.
All payments are managed by a third party payment provider - Apple Inc.The terms for payment are available to you at https://www.apple.com/legal/internet-services/itunes/us/terms.html
The Service is delivered to you when you download or open the Service.
The Service is deemed "used" after download or opening. You will be required to pay a proportional share of the price of the Service until the cancellation. If you have any problems with the Service, please contact firstname.lastname@example.org to see how we can help you.
The Service automatically renews after an initial trial period for either monthly or annual periods, as you may select. You may cancel at any time by following the instructions at https://support.apple.com/en-us/HT202039 prior to the next renewal date and thecancellation will be effective for the next renewal period.
THE SERVICE, INCLUDING THE WEBPAGE AND THE APP, IS PROVIDED ‘AS IS’WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, FITNESS FOR PARTICULAR PURPOSE AND MERCHANTABILITY. YOUR USE OF THE SERVICE IS SOLELY YOUR RESPONSIBILITY AND ATYOUR OWN RISK. WE DO NOT GRANT ANY WARRANTIES, EXPRESS OR IMPLIED OR OTHERWISE,AS TO THE ACCESSIBILITY, QUALITY, QUALIFICATION FOR ANY PARTICULAR PURPOSE,SUITABILITY OR ACCURACY OF THE WEBPAGE, APP OR THE SERVICE.
We recommend you not to rely on the Service for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the Service will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Service, at our sole discretion.
Should Always Exploring be subject to, or held liable for, any third party claim arising out of any breach of these Terms ofUse caused by you, you shall indemnify Always Exploring from and against all claims, actions, liabilities, costs, damages, expenses suffered or incurred byAlways Exploring. Furthermore, you agree to indemnify us in relation to any claims arising from any physical injury or health problem that may arise from your use of the Service. You assume all risks of using the Service and you are responsible for determining your own fitness and health needs. We do not provide medical advice and if you have any questions in this regard you must consult your own physician.
You have the right to terminate your user account and remove your content from the Service at any time and without prior notice.
– That we are responsible for the Service, the App and all content therein. We carry all responsibility for the maintenance, support and service of the Service or any technical equipment used to enable the provision of these. Claims that directly or indirectly depend on such grounds may only be directed against us, and not against any third party.
– That all demands or claims arising directly or indirectly from the use of the Service and which might be directed against us, only shall be directed against us. Apple is not in any way liable to respond to these demands or claims, if these are directed against Apple.
– That we, and not Apple, are solely responsible to investigate, defend, settle or secure liability in the event of any third party claims, based on theService or infringements of any third party's intellectual property rights caused by use of the Service.
– You guarantee and ensure that you are not located in a country subject to an embargo issued by the US government, and you have not been designated by the US asa "terrorist supporting" country and that you are not on any of theUS government's list of prohibited or restricted parties.
IF YOU ARE A USER IN THE UNITED STATES OF AMERICA,PLEASE READ THE FOLLOWING SECTIONS CAREFULLY
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Service, please provide Always Exploring’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Service, and information reasonably sufficient to permit Always Exploring to locate the material.
- Information sufficient to permit Always Exploring to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Always Exploring’s agent for notice of claims of copyright or trademark infringement on this Service can be reached as follows:
Attn: DMCA Agent
Always Exploring AB
Adolf Fredriks kyrkogata 3
111 37 Stockholm, Sweden
Please also note that for copyright infringement sunder Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you are a user who posted allegedly infringing material and who received notification to that effect from us, you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Always Exploring may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.
Such written notice should be sent to our designated agent as follows:
Attn: DMCA Agent
Always Exploring AB
Adolf Fredriks kyrkogata 3
111 37 Stockholm, Sweden
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Always Exploring agree that these Terms ofUse affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Always Exploring’s support department at email@example.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Always Exploring support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Always Exploring will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Always Exploring will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery maybe more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America, and you and AlwaysExploring agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
CLASS ACTION WAIVER: The parties further agree that the arbitration shall be conducted in their individual capacities only and notas a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOUAND ALWAYS EXPLORING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY INYOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property andSmall Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights(“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-DAY RIGHT TO OPT OUT: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Always Exploring) written notice of your decision to opt out to firstname.lastname@example.org with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Service; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Always Exploring will not be bound by them.
Changes to This Section: Always Exploring will provide thirty (30) days’ notice of any changes to this section by posting on the Service, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Service or sent to you.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or cessation of use of the Service.
Always Exploring AB
Adolf Fredriks kyrkogata 3
111 37 Stockholm, Sweden