Terms & Conditions

 

1. Definitions

Account: a personal account registered within the App

App/diPulse: the smartphone application provided and operated by NMES GROUP AB and accessible from IOS and Android devices;

Community: other diPulse Users

Data Controller: a natural or legal person, which determines the purpose and means of the processing of Personal Data;

Data Processor: a natural or legal person, which processes Personal Data on behalf of the Data Controller;

Garments: any “diPulse” branded sports tech wear that can be connected with the App;

General Data Protection Regulation / GDPR: EU Regulation 2016/679 of 27 April 2016 (L 119);

Intellectual Property rights: these rights include copyrights, registered designs, design rights, database rights, trademarks, trade secrets, know how or any other kind of property rights or industrial rights whatsoever, whether registered or unregistered;

Menu: the menu in the App from which the User can manage their profile;

News: any news provided by diPulse relating to the App and/or diPulse products;

Notifications: any alerts which automatically appear on the User’s device relating to news or an App/diPulse feature;/p>

Personal Data: any information relating to an identified or identifiable natural person according to article 4 § 1 GDPR;

Public Profile: the space dedicated to the User, relating to their activity;

Terms: these Terms of Use;

NMES Group AB/We/Us: NMES GROUP AB whose registered office is located at Roasjo By Kallang 1, 512 92 Svenljunga, Sweden;

User Environment: the App interface presented to the Users;

User(s): any person who uses the App.

2. General

The Terms form a contract between the User and NMES GROUP AB setting out the rules for access and use of the App. You must be at least eighteen (18) years of age and be of legal age within your jurisdiction in order to agree to and which bind you to the Terms and to gain access to the App. If the Terms are not accepted then the User shall immediately abstain from accessing and/or using the App. By using the diPulse products and/or Garment and/or the diPulse App you acknowledge that you have read and understood the Terms and that you agree to be bound by them and to comply with all additional applicable laws and regulations.

You confirm that you have the legal capacity to accept the Terms. If you do not accept the Terms, you shall immediately abstain from accessing and/or using the App. NMES GROUP AB reserves the right to amend the Terms at any time.

In the event of an amendment to the Terms, the User shall be informed at the time the amendment becomes effective – by way of a message, a notification, or by e-mail. In the event of any amendment to the Terms, your consent to the changes will be requested when you consult the App. The continued use of the App after your explicit acceptance of the new terms of use means that you give your consent regarding the amendments.

3. App

3.1 Contact
The rights to the App are the property of NMES GROUP AB, whose registered office at Roasjo By Kallang 1, 512 92 Svenljunga, Sweden. NMES GROUP AB may be contacted at the following e-mail address: support@dipulse.com

3.2 Accessibility
The App may be technically accessed by downloading it from the Apple App Store or the Google Play Store. NMES GROUP AB provides the App “as is”.

4. Purpose and general operation of the App

4.1 Purpose
The App grants the User access to the User Environment offering various functions relating to the products and/or Garments and the SmartStim Module(s). The App is made available to the User free of charge. However, any potential costs relating to data traffic, in particular when roaming, or related to the purchase of Garments and training modules, are to be solely borne by the User. The role of NMES GROUP AB is limited to making the App available to the Users. The User understands and accepts without reservation that the Personal Data and other information sent to the App via the User Environment are transferred to and processed by NMES GROUP AB, in accordance with the Privacy Policy.

4.2 General operation
The User must first register their details within the App and validate the creation of their Account. Subsequently, the User may manage and amend their Public Profile. The User may add: name; profile photo; age; gender; country; telephone number; team; interests; profession; a description of their diPulse activity; connect with other third party social networks; location; and all future functions that NMES GROUP AB will develop. The User Environment allows, in particular, the User to: visualize and purchase training and performance programs; visualize and purchase products and/or Garments; obtain practical information regarding the products and/or Garments and training and performance programs; oversee heart rate and muscle usage during training and workouts; create training programs; create and receive challenges; manage their Public Profile; connect and communicate with the diPulse Community; view the Public Profile of other Users (if authorized by said Users); contact other Users (if authorized by said Users) or be contacted by them (if authorized by yourself); manage their contacts and team; overview their performance with a dashboard; join a virtual gym club; read the News provided by diPulse; read the Notifications and receive push information; browse diPulse links; manage their profile from the Menu. The User may, moreover, set the parameters for the following:

  • isibility or not of their Public Profile by other Users

  • authorization or refusal to be contacted by other Users

  • authorization or refusal of Notifications. The default setting of the Public Profile is open. This default setting is set up by NMES GROUP AB. The User may modify the default visibility settings for sharing his profile vis-à-vis the other Users at any given time;

5. Personal Account

The electronic address provided by the User during the registration process shall be used by NMES GROUP AB in order to communicate with you. It is for the User to subsequently amend, if necessary, said electronic address from within the User Environment. Any electronic mail sent by NMES GROUP AB to this electronic address shall be deemed to have been validly received. A User may only have one Account and may not transfer it to a third-party under any circumstances whatsoever. If the User has been blocked by NMES GROUP AB or if their Account has been terminated, for any reason whatsoever, the User must not create another Account. The protection of the confidentiality of your password and of your Account is your responsibility alone and you are liable for all activities which may be related thereto. We deny all and any liability for any loss or damage, which may result from a failure on your part to keep both your Account and your password secure. We reserve the right to refuse access to your Account at any time, without prior warning and for any reason whatsoever. If you fail to meet the conditions regarding access to the App, you must immediately abstain from accessing the App. NMES GROUP AB is entitled to erase your Account at any time and to block your access to the App should it deem that your use of the App fails to comply with the Terms or the laws in force.

6. User Undertakings

By using or validating your registration on the App, you undertake:

  • (i) to provide NMES GROUP AB with correct, recent and full registration data;

  • (ii) to not communicate your registration data to third parties;

  • (iii) to ensure the confidentiality of your password and any information relating to the security of your Account;

  • (iv) to keep the registration data on your Account up to date;

  • (v) to abstain from publishing false, misleading or untrue information on or from the App; and

  • (vi) to personally accept full liability for the use of your Account and the operations carried out thereon.

NMES GROUP AB reserves the right to block or to cancel without prior warning those Accounts which are not confirmed, those which have been inactive for a sustained period of time, those which are deemed to be misleading or incorrect or those which are in breach of any of the afore mentioned User Undertakings.

7. Services

NMES GROUP AB provides the User with an App that allows the User to access the User Environment. The User understands and accepts without reservation that the Personal Data and other information which they submit to the App via the User Environment are transferred to and processed by NMES GROUP AB, in accordance with the rules set out in the Privacy Policy. NMES GROUP AB solely provides the User with a training, networking and purchasing platform, without itself being liable for the use thereof or of other Users. NMES GROUP AB provides the User with a selection of programs in different categories. These programs are pre-set with the most optimal and safe parameters which will not be accessible for the User to change.

The attention of the User is specifically drawn to the fact that NMES GROUP AB does not intervene and undertakes no obligation or liability of any kind whatsoever, in particular in relation to: training programs created by other Users; challenges; the content of exchanges which may occur between the Users; the quality of the services provided via the App by NMES GROUP AB (including any potential defects of such services), whether online or offline.

8. Use of the App

When using the App, you undertake not to carry out the following acts: usurp the identity of another or create a false identity; intimidate or harass another person or corporation; use or attempt to use the Account or Public Profile of another User; use the App and/or the contents thereof for a commercial purpose without the prior approval of NMES GROUP AB; reproduce the contents of the App without the right to do so, whether or not such reproduction is automatic; publish or broadcast spam, unsolicited or bulk e-mail, publicity, solicitations, chain mail or pyramid systems via the App; download, publish, transmit, broadcast or make available via the App any document containing information, viruses or other programming code, file or program intended to block, damage or limit the functions of the software, computing equipment, telecoms equipment or any other technology which may endanger the App, the interests or the property of the Users and/or NMES GROUP AB; export or re-export any App or tool developed by NMES GROUP AB of which it is the owner and/or in violation of the laws relating to the control of the export of data of the jurisdictions involved and in accordancewith the mentioned laws and regulations; copy, modify or distribute the rights and the contents of the App in any manner whatsoever; market any code, information or software originating from the App; download, publish, transmit, broadcast, store or make available to the public by any other means the Personal Data of the Users; gather or collect information regarding the Users, such as e-mail addresses, without their consent or use automatic scripts in order to collect information from the App or in order to interact with the latter; download, publish, transmit, broadcast, store or make available to the public by any other means on or via the App, any question, response, commentary, opinion analysis or recommendation which you are neither authorized nor entitled to provide; download, publish, transmit, broadcast, store or make publicly available via the App or by any other means content or information which NMES GROUP AB deem to be controversial, illegal,inappropriate or which prevents or limits the use of the App, or which may expose NMES GROUP AB and/or the Users to a loss or to any form of liability; download, publish, transmit, broadcast, store or make publicly available via the App or by any other means contents or information which may give rise to criminal liability, to encourage or provide instructions in order to carry out an act which could lead to criminal liability.

9. Database hosting and location

The App and the data are all locally stored on the User’s phone.

10. Indemnity

You undertake to fully indemnify and discharge NMES GROUP AB, including its agents, officers and employees, of all and any liability and any claims, expenses, proceedings, damage, and costs (including legal fees) resulting from a failure by you to comply with one or more of the obligations set out in these Terms.

11. Absence of guarantees

Your access to and use of the App is at your own risk. The App and its contents are provided “as is” and according to availability. To the full extent permitted by the law, NMES GROUP AB specifically excludes any liability or guarantee of any kind whatsoever, whether express or implied, relating to the App. NMES GROUP AB cannot, in particular, guarantee uninterrupted use of the App, that the latter shall be free of viruses, defaults or errors. The App may, in particular, be affected by temporary periods of unavailability. From time to time, NMES GROUP AB shall update the App, which could result in the App being unavailable for a certain period of time. NMES GROUP AB shall use its best efforts to ensure the reliable and continuous operation of the App but cannot guarantee that the App shall operate without interruption or without incident. NMES GROUP AB may, at its own initiative and without prior warning, modify, suspend or even shut down the App at any time, without any ensuing obligation to indemnify the User for any loss or damages, whether direct or indirect, resulting from the modification, suspension, or closure of the App. We cannot be held liable for damages or losses that you may suffer following any fault or breakdown of the App, following the suspension of your access, which shall include any damage directly or indirectly caused by a failed operation. You understand and accept that NMES GROUP AB shall in no manner be held liable for any illegal behaviour by any Users occurring on or via the App, whether directly or indirectly. NMES GROUP AB gives no guarantee or makes no declaration according to which, in particular:

  • (i) the App and the contents thereof shall meet your needs or shall be correct;

  • (ii) the App shall be available, without interruption, prompt, secure or error-free;

  • (iii) the results which may be obtained from the use of the App are correct or reliable;

  • (iv) any error shall be corrected.

Any document which is downloaded or obtained by use of or via the App is at your own discretion and risk, and you shall be solely liable for any damage caused to your IT system or for any data loss which may result from the downloading of such documents. Any information, whether in writing or oral, obtained by you from NMES GROUP AB or via the App or on the App shall not create a guarantee or any other obligation which has not been specifically set out in the Terms, and NMES GROUP AB specifically denies any liability whatsoever resulting from the trust placed in these elements by any User or by anyone whatsoever who could be informed of any part of the contents thereof.

12. Exclusion of liability in connection with health

Any program and/or challenge which is downloaded or obtained by use of or via the App is at your own discretion and risk.

DIPULSE HAS BEEN DEVELOPED TO SUPPORT AND FACILITATE SPORT AND FITNESS IN HEALTHY INDIVIDUALS AND IS NOT AT PRESENT A CLASSIFIED MEDICAL DEVICE. BEFORE USING THE APP, IN PARTICULAR ANY PROGRAM OR CHALLENGE ACCESSED VIA THE APP, WE STRONGLY ADVISE YOU TO CONTACT A DOCTOR TO CHECK YOUR MEDICAL CONDITION AND THE CONTENT OF ANY PROGRAM AND/OR CHALLENGE. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGE CAUSED TO YOUR HEALTH AND MUSCLES WHICH MAY RESULT FROM FOLLOWING THE PROGRAM OR CHALLENGE.

The above proposed content is reserved for healthy Users. For your own safety and training objectives, the execution of diPulse CMT (Combined Muscle Training) should be adapted to your physical condition and training level. In any doubt we recommend you ask your professional coach, medical practitioner or consult our customer service for advice.

13. Privacy policy

By validating your Account and by using the App, you accept that NMES GROUP AB may collect, process and use your Personal Data. The information so obtained by the App shall be solely used in compliance with the Privacy Policy, which is available on the App, the terms of which form an integral part of the Terms.

14. Links

The App may provide links to other third-party websites which are outside the control of NMES GROUP AB. NMES GROUP AB rejects all and any liability relating to the contents of such websites. NMES GROUP AB proposes the links by way of information only, the insertion of any links does not in any manner whatsoever imply that NMES GROUP AB approves of the contents thereof. Visiting third-party websites is under your whole responsibility, at your own risk and perils.

15. Brand names and trademarks

Under no circumstances may you use the trademarks of NMES GROUP AB, which includes trademarks and domain names, in relation with any product or service in a manner that may result in confusion or give the impression that NMES GROUP AB approves the product or service in question. You may only use brand names if with the prior written authorization of NMES GROUP AB.

16. Intellectual Property rights

The Intellectual Property rights and any other kind of rights over the contents presented by the App (including inter alia, the software, graphics, images, videos, information as well as the selections and the layout thereof) remains the exclusive property of NMES GROUP AB regarding the content for which they are responsible. Logos, graphics, page headings, button icons, text and service names presented on the App form part of the NMES GROUP AB trademarks and are protected by the Intellectual Property rights belonging to NMES GROUP AB. This includes all rights over the software associated with the App. All Intellectual Property rights, which are not specifically granted and applying to the contents of the App, are the property of NMES GROUP AB including the contents which they have published on their respective portals. The domain name upon which the App is hosted is the exclusive property of NMES GROUP AB. Users are not authorized to use or adopt a similar name for their own use.

17. Licences

NMES GROUP AB grants the User a global license, which is free, limited, non-exclusive, non-transferable, which may not be the object of a sub-license, which may be revoked at any time, to use the App as is the case with the display of the contents of the App on their smartphone or tablet screens, subject to the condition that they comply with these Terms. Any other use is specifically prohibited unless with the prior written agreement of NMES GROUP AB. Users are authorized to use the App solely in accordance with any law which may apply to them. Users may only use the App legally, and any other illegal or inappropriate use is specifically prohibited. Any other use of the contents available on the App, including though not limited to, the distribution, reproduction, modification, broadcast, display, download, presentation or transmission of all or part of the App contents without the prior written authorization of NMES GROUP AB is strictly prohibited. The User grants NMES GROUP AB a license which is free, global, unlimited, non-exclusive, transferable, which may be the object of a sub-license, to use the contents of any kind, posted or otherwise, made available to NMES GROUP AB within the context of the use of the App. The User confirms that they own the copyright and image rights to the contents which they submit via the App.

18. Termination

NMES GROUP AB may block, close or suspend your Account, prohibit your use of or access to all or part of the App:

(i) if you are in breach of the Terms or any other rules governing the use of the App;

(ii) if your behaviour may cause damage to NMES GROUP AB, the App, the Users, or third parties and give rise to the liability of NMES GROUP AB, the Users, or third parties, or;

(iii) for any other grounds as defined by NMES GROUP AB and it alone.

You may terminate your Account at any time by sending a notice of termination to NMES GROUP AB in accordance with the method set out in the App. NMES GROUP AB may at any time following the termination of your Account prohibit the access to, use of and participation in the App, as well as the contents thereof. Access, the ability to use and participate in the App by the User, including any content thereon, may be excluded by NMES GROUP AB at any time after the termination of his Account. At your specific request, upon the closure of your Account, NMES GROUP AB shall erase your Account. Equally, NMES GROUP AB may close the App at its sole discretion and without prior warning or compensation.

19. Miscellaneous

The Terms and the Privacy Policy form a whole and exclusive contract regarding the subject dealt with and replaces all and any other prior proposal and or agreement, whether in writing or oral, or by any other form of communication between yourself and NMES GROUP AB. If one of these provisions should be held to be null or inapplicable, the provision in question shall be amended in order to allow it to be applicable, the invalidity or inapplicability of said provision shall not affect the validity or applicability of the other provisions contained in the Terms. If one or other of the provisions of the Terms should be invalidated by a tribunal or competent authority, only the provision in question shall be limited, and the other provisions shall remain in force in their entirety. The failure of NMES GROUP AB to apply or exercise a right or a provision of the Terms does not constitute a waiver of said right or provision.

20. Transfer

The User may not transfer any of their rights and obligations resulting from the Terms without the prior written consent of NMES GROUP AB.

21. Applicable law and forum

The Terms are governed by Swedish law, excluding conflict of law rules. Any dispute resulting from the Terms, including disputes as to its validity as well as disputes relating to the use of the App as against NMES GROUP AB shall come under the jurisdiction of the Swedish courts of ordinary jurisdiction.