Terms of Use for Always Exploring AB ("Stellar")

These terms of use (the “Terms of Use”) govern your use of Stellar, a service provided to you by Always Exploring AB (“Stellar” or the Service”). By using the Service or creating a user account with us you accept these Terms of Use between you and Always Exploring AB, reg. nr. 559175-3107, (“Always Exploring”, “we” or “us”).

The Service is provided through our mobile application (the “App”) and our webpage www.stellarworkouts.com (the “Webpage”). If you do not agree to these Terms of Use, please do not use the Service provided by us.

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.

1. About Stellar

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 as the only tool.

2. License

Subject to your compliance with these Terms of Use, you are granted a non-exclusive, non-transferable, revocable license to download, install and use the App in object code form on a mobile device which you own or have access to in order to use the Service for its intended purpose.

You do not receive any other license to use the App or any other intellectual property rights except as expressly provided in these Terms of Use.

We do not grant you or anyone else permission to copy or alter the App in 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.

All intellectual property rights in the App, or in any other part of the Service, belongs to, or are disposed of with license by, us. Nothing in these Terms of Use shall be construed as a transfer of any intellectual property right or any other right to you. You are only given the limited license as described above.

3. Username and Password

In order to use the Service, you will have to create a user account (the “User account”) and sign in to it. You may choose a username and a password, but you may also use one of the selected social media accounts, as set forth in the Service from time to time, to sign in to your user account on the Webpage and the App. If you choose to create a new user account, the username and password which you choose must not be: harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to change your username if it, in our opinion, violate these Terms of Use.

When creating your user account, you will be asked to submit certain information about yourself. Please read our privacy policy before you start using the Service. You can find the privacy policy here. Do not use the Service if you do not feel comfortable with the personal data processing as described in the privacy policy.

If you use another account to access your user account with us, for example your Facebook-account, you authorize us to collect your authentication information, such as your username, encrypted access credentials, and other information that may be of interest to transfer from the other service. Such transferred information will be treated in accordance with our privacy policy, and as described therein.

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.

4. Your Use of the Service and Products

We do not want the Service to be used for anything other than their intended purposes. Your use of the Service may only be in accordance with its intended purpose, as described above. If you do not accept this, we ask you not to use the Service.

4.1 User-generated Material

During your use of the Service, you may upload content such as photos to use as profile pictures and other related material to the Service ("User-generated Material").

You are responsible for the User-generated Material that you upload to the Service and you agree and warrant that you will not upload any User-generated Material to the Service that violate these Terms of Use or which:

(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.

4.2 Our position in regard to User-generated Material

We have a statutory duty to monitor the User-generated Material that are made available in the Service and to, under certain conditions, remove User-generated Material from the Service. We reserve the right to, at our sole discretion, remove User-generated Material that we deem inconsistent with these Terms of Use or as we in any other way consider unfair, unethical or illegal and that may be harmful to us or other users of the Service.

If you encounter any User-generated Material that you believe infringes these Terms of Use or if you have any other reason to believe that our services are used for illegal purposes or for purposes that are not in accordance with these Terms of Use, please contact us at legal@stellarworkouts.com, or at the contact information below.

4.3 Intellectual Property Rights to User-generated Material

Ownership of all User-generated Material belongs to you, or the third party that owns the intellectual property rights to such User-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 the Service or any of our current or future products or services.

You warrant that you have all necessary rights to show and upload User-generated Material, to use the User-generated Material in all other ways and to grant us the license to the User-generated Material as described above.

4.4 Network Fees and Access

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.

4.5 Payment

All payments are managed by a third party payment provider, Apple. The terms for payment is available for you at https://www.apple.com/legal/internet-services/itunes/us/terms.html

4.6 Delivery

The Service is delivered to you when you download or open the Service from your place of purchase.

5. Return policy

The Service is deemed "used" after download or opening. You may cancel the Service by notifying us within fourteen days from the purchase of the Service. 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 service_cancellation@stellarworkouts.com to see how we can help you.

6. Processing of Personal Data

We process personal data received in connection with the use of the Service. The personal data processing is made in accordance with our privacy policy.

7. Disclaimer of Warranty

The Service, including the Webpage and the App, is provided ‘as is’ without warranties of any kind, except for any consumer related rights provided by mandatory law. Your use of the Service is solely your responsibility and at your 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.

To the extent permitted under mandatory law we are not liable to you or any third party for any direct, indirect or other damages of any kind, including but not limited to, any and all claims and causes of injury including for any and all injuries, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms of Use, the use or inability to use the Service. We are not responsible to you for any third party claims made against you. Our total liability to you in connection with the Service, for any and all injuries, losses, and legal actions, shall under no circumstances exceed the fee charged by us in connection with the Service.

8. Indemnity and Limitation of Liability

Should Always Exploring be held liable for any third party claim arising out of any breach of these Terms of Use caused by you, you shall indemnify Always Exploring from and against all claims, actions, liabilities, costs, damages, expenses suffered or incurred by Always Exploring arising out of or in connection with your misuse related to the Service unless otherwise follows from mandatory law. 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.

9. Change of Terms and Termination of Services

We have the right to make changes and updates to these Terms of Use. We will inform you of any material changes before an adjustment enters into force. We will give you such information by clear notice here or by email to the email address provided by you at least 30 days before the changes enter into force.

You have the right to terminate your user account and remove your content from the Service at any time and without prior notice.

We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you are violating these Terms of Use. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Service at any time without prior notice, on our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.

10. Transfer

You may not assign or transfer any rights, obligations or licenses as provided in these Terms of Use. We may assign and transfer our rights under these Terms of Use without your consent and without notice to you.

11. Applicable Law and Disputes

These Terms of Use shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules. Any dispute or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.

12. Warranties against APPLE INC.

The parties to this agreement, we and the users, hereby clarifies the following in relation to Apple Inc. ("Apple"):

– That we and the users are the only parties to this Agreement;

– 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 the Service or infringements of any third party's intellectual property rights caused by use of the Service.

– The User guarantees and ensures that you are not located in a country subject to an embargo issued by the US government, or has been designated by the US as a "terrorist supporting" country and that you are not on any of the US government's list of prohibited or restricted parties.

– That these Terms of Use creates rights for Apple to apply these Terms of Use directly against you, regardless of our participation. In addition to the third-party rights given to Apple, these Terms of Use will not give any third-party rights to any other natural or legal person.

Contact Information

Always Exploring AB
Adolf Fredriks kyrkogata 3
111 37 Stockholm, Sweden
Email: info@stellarworkouts.com