General terms and conditions

Article 1 - Definitions

In these General Terms and Conditions, the following definitions apply:

1. Younalize: The trade name of Sustrainable B.V., located in 's-Hertogenbosch, registered with the Chamber of Commerce under number 95801847
2. ‍App: The sport-specific Younalize mobile application for iOS and Android
3. Service: Analyzing sports techniques using AI technology and providing technical feedback
4. User: Any natural or legal person who uses the Service
5. Analysis: A technical assessment of a sports video submitted by the App
6. Subscription: An agreement where the User is entitled to a certain number of Analyses for a certain period of time
7. Group subscription: A subscription taken out by an organization (club, union, school) for multiple users
8. Fair Use: Fair use of the Service in accordance with article 6 of these terms

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Article 2 - Applicability

1. These Terms and Conditions apply to all agreements between Younalize and the User
2. By using the App, the User accepts these Terms and Conditions
3. Younalize reserves the right to change these terms. Changes are communicated via the App
4. When using the Service after changing the terms, the User accepts the amended terms

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Article 3 - The Service

1. Younalize provides technical analysis of sports techniques based on videos submitted by Users
2. A separate app is offered for each sport with the techniques available for that sport
3. The analysis is carried out by AI technology and concerns only technical aspects of motion execution
4. The feedback consists of identifying strengths and areas for improvement in the technique
5. Younalize strives to deliver analyses within one minute, but does not guarantee a specific delivery time
6. The quality of the analysis also depends on the quality of the supplied video

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Article 4 - Use of the App

1. The User is responsible for:
   • Providing suitable videos in accordance with the guidelines specified in the App
   • Correctly selecting the sport and technique to be analyzed
   • A stable internet connection for uploading videos
2. It is not allowed to:
   • Use the App for purposes other than sports analysis
   • Uploading content that is illegal, offensive, or harmful
   • Uploading pornographic or political content (leads to immediate and permanent account blocking)
   • Reverse engineer or hack the App
   • Resell analytics or feedback without permission
   • Use the Service in a way that violates the Fair Use Policy

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Article 5 - Subscriptions and Payment

1. Younalize offers various subscription forms with varying numbers of analyses per period
2. Current prices and conditions are visible in the App
3. Payment for individual subscriptions is made via in-app purchases (Apple App Store/Google Play Store)
4. Group subscriptions can be agreed separately with organizations
5. All prices include VAT unless otherwise stated
6. Subscriptions are renewed automatically unless canceled in time under the terms of the app store
7. Unused analyses expire at the end of the subscription period without the right to a refund

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Article 6 - Fair Use Policy

1. General principles:
   • The Service is intended for personal sports improvement and coaching
   • Users must use the Service reasonably and responsibly
   • Abuse or overuse may result in the restriction or termination of access
2. Fair use includes:
   • Analyses for personal training and improvement
   • Analyses for athletes under your coaching (with coach accounts)
   • Normal training frequency appropriate to the sport
3. Unreasonable use includes:
   • Submitting the same video multiple times without a valid reason
   • Systematically testing the AI with inappropriate content
   • Uploading pornographic or political content
   • Automated use or bulk uploads without permission
   • Submitting videos that do not match the selected technique
   • Repeatedly reporting incorrect analyses
   • Commercial use without a business subscription
   • Sharing account information with third parties
4. Compensation for technical errors:
   • Analyses that are not performed correctly due to a Younalize error are not counted
   • Users can report an unlimited number of erroneous analyses
   • ‍Erroneous analyses include:‍
     
     • Analyses where feedback is shown at the wrong time (incorrect stillshot)
     • Analyses with demonstrably incorrect feedback (e.g. suggestion to stretch your arm while it is visibly extended)
     • Technical errors that prevent the analysis from being fully performed
   • Younalize assesses whether a report is justified and has the last word
   • In case of repeated false reports, the right to report erroneous analyses may be revokedd
   • In case of structural problems, Younalize can provide additional analyses
5. Enforcement:
   • In case of suspicion of abuse, Younalize can issue a warning
   • In case of repeated abuse, the account may be temporarily or permanently blocked
   • Repeated false reports of incorrect analyses may deprive you of this right
   • Younalize reserves the right to set limits on the number of analyses per day

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Article 7 - Right of Withdrawal and Refunds

1. Digital services that are provided directly are not subject to a legal right of withdrawal
2. Younalize does not provide refunds on used analyses
3. In the event of technical problems on the part of Younalize, the relevant analysis will not be deducted from the subscription in accordance with the Fair Use Policy (article 6.4)
4. Users can use the App to indicate when an analysis has not been performed correctly

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Article 8 - Minors

1. There is no minimum age to use the App
2. For users under 16 years old, parental or guardian consent is required
3. Younalize is not liable for use by minors without permission
4. Parents/guardians are responsible for monitoring use by minors

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Article 9 - Intellectual Property

1. All rights to the App, AI technology and analytics are owned by Younalize
2. Users retain all rights to their submitted videos
3. Users grant Younalize permission to process videos submitted for the Service‍
4. For AI enhancement, use:
    • Younalize only uses anonymized position data (x, y coordinates) of body parts and joints to improve AI models
    • Videos themselves are never used directly to train AI models
    • Younalize employees are allowed to watch videos for quality control and analysis of reported faulty analyses
5. You are not allowed to copy or distribute Younalize content without permission

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Article 10 - Privacy and Data Protection

1. Younalize processes personal data in accordance with the Privacy Policy (younalize.com/privacy.html)
2. Videos are processed for analysis and deleted in accordance with the Privacy Policy‍
3. Retention period: Videos are deleted immediately and permanently when an account is deleted
4. Younalize takes appropriate technical and organizational measures to protect data
5. Users have the right to view, correct and delete their data

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Article 11 - Liability and Disclaimers

1. The Service only offers technical analysis, no medical, physiotherapeutic or sports psychological advice
2. Users follow advice at their own risk
3. Users should always take into account their own physical condition and limitations
4. In case of doubt about the physical fitness for a sport, it is recommended to consult a doctor
5. Younalize is not liable for:
    • Injuries occur due to follow-up on feedback
    • Indirect or consequential damage
    • Damage due to improper use of the App
    • Temporary unavailability of the Service
    • Damage caused by not following the safety instructions of the sport in question
6. Younalize's liability is limited to the amount paid by the User in the last month
7. These restrictions do not apply in the event of intent or gross negligence on the part of Younalize

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Article 12 - Force majeure

1. Younalize is not liable in the event of force majeure
2. Force majeure includes: disruptions in internet connections, power failures, failures with hosting providers, government measures, and other circumstances beyond Younalize's control

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Article 13 - Complaints and Disputes

1. Complaints about the Service can be submitted via support@younalize.com‍
2. Younalize strives to deal with complaints within 14 days
3. These terms and conditions are governed by Dutch law
4. Disputes will be submitted to the competent court in 's-Hertogenbosch, unless otherwise required by law

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Article 14 - Amendment and Termination

1. Users can terminate their account at any time via the App
2. Upon termination, unused analyses expire without the right to a refund
3. Younalize may terminate accounts in the event of a breach of these terms
4. In the event of a violation of the Fair Use Policy, Younalize may:
   • Issue a warning
   • Temporarily block the account
   • Permanently terminate the account
   • Take legal action in case of serious abuse
     

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Article 15 - Other Provisions

1. If any provision of these terms and conditions is void or voidable, other provisions will remain in force
2. Younalize may transfer rights and obligations under this agreement to third parties
3. These terms and conditions form the entire agreement between the parties

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Article 16 - Contact

For questions about these terms, please contact:

Sustrainable B.V. (under Younalize)
Third Morning 3
5233 NL 's-Hertogenbosch
Netherlands
Chamber of Commerce: 95801847

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E-mail: support@younalize.com
Website: www.younalize.com

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These Terms and Conditions have been drawn up in accordance with Dutch law and apply regardless of the User's country of origin.

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Annex A — Additional Terms for the Apple App Store

This Annex applies when you obtain the Younalize app through the Apple App Store and supplements Younalize's Terms and Conditions. In the event of any conflict with the other Terms and Conditions, this Annex prevails solely with respect to use on Apple devices.

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A.1 Parties to the agreement. This agreement is concluded solely between you and Younalize, and not with Apple Inc. ("Apple"). Younalize, not Apple, is solely responsible for the app and its content.

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A.2 Scope of licence. Younalize grants you a non-transferable licence to use the app on any Apple-branded device that you own or control, as permitted by the Usage Rules set out in the App Store Terms of Service. The app may be used on other Apple-branded devices you own or control via Family Sharing or volume purchasing, where applicable.

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A.3 Maintenance and support. Younalize is solely responsible for providing any maintenance and support services for the app, as required under applicable law or these terms. Apple has no obligation whatsoever to furnish any maintenance and support services for the app.

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A.4 Warranty. Younalize is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of Younalize.

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A.5 Product claims. Younalize, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.

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A.6 Intellectual property rights. In the event of any third-party claim that the app or your possession and use of the app infringes that third party's intellectual property rights, Younalize, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.

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A.7 Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

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A.8 Developer contact information. For any questions, complaints or claims relating to the app, you may contact Younalize using the contact details set out in Article 16 of the Terms and Conditions.

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A.9 Third-party terms. You must comply with any applicable third-party terms of agreement when using the app (for example, your wireless data service agreement).

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A.10 Apple as third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this agreement. Upon your acceptance of the terms of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary thereof.

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