The Magicoach Services
Magicoach is a limited company, incorporated under Portuguese law with the Danish Commerce and Companies Agency, company registration number 513519580, having its registered address in Portugal ("Magicoach" or "we"). Magicoach offers Services that help you to make your sport experience more fun. Services are rendered to and accessed by you via the Internet or other data transmission facilities or carriers by use of an applicable device (computer, mobile phone etc.) ("Device") of your own choice. Your carrier's normal rates and fees apply.
The Services are intended solely for Users who are thirteen (13) years of age or older and it is a violation of the Terms for anyone under 13 to register for the Platform. Thus, you represent and warrant that you are 13 or older. If you are 13 or older, but under the age of 18, you must review the Terms with you parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms. A parent or legal guardian accepting the Terms for the benefit of a child, agrees and accepts full responsibility for his or her child's use of the Services, including all financial charges and legal liability that such child may incur.
Disclaimer of Warranties and Liability
All Services provided "AS IS"
The Services are provided "AS IS" without any express or implied warranties of any kind. Magicoach disclaims all warranties to the fullest extent permitted by law, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. Magicoach cannot guarantee that use of the Services will be timely, uninterrupted, secure or error-free, that any defects, errors or malfunctions will be corrected, that the Services or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Magicoach undertakes no warranties or representations as to the use of the Services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise. Magicoach is not liable for any communications between Magicoach and you. You bear the responsibility and cost of your choice of data transmission facilities. However, your carrier's normal rates and fees apply.
Personal Safety Notice
You understand and agree that all your athletic and / or recreational activities using the Services may have inherent, implicit and / or expressed risks of bodily injury or death and / or property damage. You understand and agree that you voluntarily and at your own free will assume all known and unknown risks associated with such athletic or recreational activities even if such risks may be claimed to be caused in whole or part by actions, inactions or negligence of Magicoach or others. You understand and agree that Magicoach will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Services, including but not limited to featured, official or User created challenges, routes, friendly competitions or similar, any single or group training activities or any event that utilizes Magicoach's Services; Irrespective of any information or Content related to the Services, Magicoach encourages you to always put safety first, follow applicable traffic regulations, do not change settings on your Device and / or the Software while in motion or in unsafe areas and always be due diligent when exercising. You understand and agree that you download or otherwise obtain the Services at your own risk, and will be solely responsible for your use and any damage to your mobile Device, computer system or other device by which you access the Services, loss of data or other harm of any kind that may occur as a result thereof.
No Medical advice on physical activity
Magicoach's Services may include features that promote physical activity. However, you understand and agree that Magicoach do not provide medical advice through the Services. You need to consider the risks involved and may need to consult with your medical professional before engaging in any physical activity. Magicoach is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the Services, delay or negligence in seeking medical advice from your medical professional.
Amateur athlete eligibility
Magicoach assumes no responsibility or liability for your use of the Services resulting in your ineligibility as an amateur athlete. Check with your amateur athletic association for the rules that apply to you.
Limitation of liability
To the fullest extent permitted by law, Magicoach, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors ("Released Parties") shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Generated Content, even if Magicoach has been advised of the possibility of such damages. That said if Magicoach is found to be liable to you for any damage or loss which is in any way connected with your use of the Services or any content, Magicoach's liability shall not exceed EUR 500. You expressly agree and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Services. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you in its entirety. However, you agree the provisions of liability will be limited to the extent permitted by law. If links are established to a third-party website, Magicoach is not liable for the contents of such third-party websites. This includes links to partner's website that may use Magicoach's logos as part of a co-branding agreement.
You agree to indemnify, defend, and hold harmless the Released Parties from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of the Services and / or Content and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party. Intellectual Property Rights – Use Restrictions All Intellectual Property to Content as defined below (except from User Generated Content) featured or displayed on the Site or via the Services, is the property of Magicoach, its subsidiaries or Magicoach's business partners and is protected under Danish and other copyright laws, patent and trademark laws and other legislation. "Content" includes but is not limited to logos, trademarks, design, structure, text, graphics, photographs, images, videos, audio, sound, illustrations, interfaces, Software data etc. incorporated into, accompanying or generated by the Software. Magicoach, its subsidiaries and its respective partners reserves all rights to Content not expressly granted under these Terms. The Magicoach name, the Magicoach logo and avatar and other Magicoach logos and product and names related to the Services are the exclusive trademarks of, and are owned by, Magicoach and may not be used or displayed in any manner without the prior written permission from Magicoach. If you download Software, including any other Content, from the Site, associated sites and/or distribution channels, the Software is licensed to you by Magicoach. Magicoach does not transfer title to the Software to you. THE LICENSE TO USE THE SOFTWARE AND SERVICES IS LIMITED, PERSONALLY, NON-EXCLUSIVE, NON-TRANSFERABLE AND FOR NON-COMMERCIAL USE ONLY. NO COMMERCIAL USE. ANY COMMERCIAL USE (E.G. ADVERTISING, SOLICITATION AND OTHER COMMERCIAL CONTENT) IS SUBJECT TO PRIOR WRITTEN AGREEMENT WITH MAGICOACH. However, Magicoach accepts that non-profit public sports clubs may in connection with non-commercial, public sport events use the Services; provided full reference is made to Magicoach and/or its business partners. You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right to the Site, Services, Software, Content, User Generated Content of other Users or any parts thereof. You agree not to use any data mining, robots, scraping or similar data gathering methods. A breach hereof may result in civil and criminal sanctions.
User Conduct and User Generated Content
User Interaction Disclaimer
You are solely responsible for your interactions with other Users, whether online or in person, including but not limited to comments, challenges, routes, pep talks, friendly competition etc. Magicoach assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services, persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or through the Services. You agree to take reasonable precautions in all interactions with other Users on the Platform, and conduct any necessary investigation before meeting another person. Magicoach is under no obligation to become involved in any disputes between Users, but may do so at its own discretion. If Magicoach chooses to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Magicoach do not monitor or prescreen User Generated Content prior to posting. Magicoach do not undertake any obligation or liability relating to any User Generated Content or activities of Users on the Services. Magicoach reserves all rights to edit, remove, or refuse to post any User Data, User Generated Content or terminate your account for any reason. You acknowledge, consent and agree that Magicoach may access, preserve and disclose your User Data, and other of your User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms, respond to claims that any Content or User Generated Content violates the rights of third parties or protect the rights, property or personal safety of Magicoach, its Users and the public. Third Party Service Providers and Advertisers Magicoach may choose at any time to have its business partners' and other third parties' products, services, advertisements and other offers made available via the Services. Any such offerings made available to you, even if co-branded with Magicoach, are made and offered directly by the applicable third party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered you are contracting directly with the applicable business partner or third party service provider or advertiser. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. Magicoach shall not be responsible or liable for the performance or nonperformance of any third party service provider or advertiser and any loss or damages of any kind resulting thereof.
Magicoach reserves the right to change, discontinue and / or terminate any and all Services at any time without notice. Magicoach may at any time, at its own discretion for any or no reason, and without any warning or notice, edit or remove in whole or in part any Users account and User Generated Content and further to restrict Users use of all or any part of the Services. Magicoach also reserves the right to block Users from certain IP addresses or Device numbers and prevent access to the Services. You understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other platforms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated.
Severability and Perseverance
Magicoach only may assign its rights and obligations under these Terms to any party at any time without notice to you. Magicoach may use subcontractors to perform the Services. Such subcontracting parties shall comply with the applicable provisions of the Terms. The use of the Services shall not construe any joint venture, partnership, employment or agency relationship exists between you and Magicoach. Magicoach is entitled to revise these Terms at any time. Magicoach will inform you hereof by mail, on the Site, via the Services and / or by other means deemed appropriate and adequate by Magicoach. Magicoach's failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
Services are rendered to you under and in accordance with Portuguese law. Any dispute between you and Magicoach is governed in all respects by Portuguese law, without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods (CISG). You agree that any notice, agreement or other disclosed communication that Magicoach sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Contact and Notices All notifications, questions and comments to Magicoach relating to these Terms can be submitted via e-mail to email@example.com.