Terms and conditions

my-IPT.de - terms and conditions

 WELCOME TO my-IPT.de
My-ipt.de is a trademark of WHM GmbH, Wellness & Health Management. The WHM provides web applications, smart phone applications and other website features to help you in achieving your fitness and health goals. These functions are hereinafter referred as IPT. If you use or want to use IPT, WHM is pleased to offer you the following terms and conditions: 

TERMS OF USE
Please read these terms of use carefully before using IPT. By using IPT you agree to those terms of use.


1 PRINCIPLES
IPT is designed to help you understand your body better; to recognize deficiencies in your health reserves and take any action necessary to preserve your health, to live a more active life, to optimise your sporting activities by making them more targeted an efficient and so help you to attain your fitness and health goals. IPT is not designed to diagnose diseases, but it is possible that your analyses / evaluations / reports / Know your body functions and the data provided by you may indicate potential problems, but information does not claim to be exhaustive. Please visit a doctor of your choice if you have problems, complaints or if you feel that it may be necessary. To be able to assist you in optimizing your fitness and health goals specific information on current injuries or illness is required. All information on diseases does not represent a diagnosis by IPT, but are merely reflects the information made available to IPT by you.

All indices provided by IPT, in particular the indices called risk index are IPT internal calculations, which serve to evaluate a particular risk from the perspective of a personal trainer in order to help in creating your ideal training plan. These indices / risk indices do not constitute a medical diagnosis, but should be understood as sports science parameters

2 COPYRIGHT
The entire content of our website and our applications for mobile devices, and any other IPT products, such as reports or recommendations, the text contained in these elements, the graphics, logos, button icons, images, audio clips, video clips are the property of WHM GmbH. These may not be used or extracted without our express written permission. Data mining, or similar programs for the purpose of data extraction or data collection may also not be used without our express written permission. All information, evaluations and recommendations are the exclusive property of WHM GmbH and are protected by German and international copyright and database rights.

3 LIABILITY
We make every effort to ensure that you can enjoy the service of IPT uninterrupted and that transmissions are error-free. Due to the nature of the Internet, we cannot guarantee this however. Your access to the IPT apps may be occasionally interrupted or restricted. This may be caused by repair, maintenance or the introduction of new features. We take great efforts to limit the frequency and duration of such interruptions or restrictions t as much as possible. IPT also assumes no liability in such cases.

4 COMMUNICATION
When you use IPT or send us an email, you communicate with us electronically. For contractual purposes, you agree that whenever it is legally possible to communicate with us using electronic means, this will be done

5 TRADEMARKS
IPT is a registered word-image trademark of WHM GmbH and may not be used in such a way that confusion of customers or other parties may arise. The IPT brand may not be used in any manner which reduces or discredited IPT.

6 USE OF LICENSE AND ACCESS
IPT is geared to creating personal, individual recommendations. You are not permitted to place false, misleading or extraneous information in your account. Assuming compliance with these Terms of Use, and provided that you pay all fees and charges on time, you will be provided with a simple, non-transferable and non-sub-licensable right of use. This license does not include commercial use or the resale of IPT services. WHM reserves the right to terminate a doubtful account immediately.

The right of use granted by the WHM is void if you fail to comply with our usage terms. In this case WHM reserves the right to take further legal action. If you violate the Terms of Use and WHM does nothing, WHM is still entitled to enforce their rights on the occasion of a repeat of this violation. Not reacting to a violation does not mean permanent acceptance of this violation.

7 YOUR ACCOUNT
If you use IPT you are responsible for ensuring that your access details do not fall into the hands of a third party. You should take all necessary measures to ensure the confidentiality of your account and your password. In particular you should use a password that meets current security recommendations. You are not permitted to use your access to IPT to damage, interrupt or interfere with it. Furthermore you are not permitted to use an incorrect e-mail address or to imitate another person.

8 DATA PROTECTION
Please read through our Privacy Policy, which are an essential part of these Terms and Conditions.

9 COMMENTS AND POSTS
At all times you have the right to communicate with other IPT members or to post comments. It is not permitted to use content to defame, insult, or to adversely affect the privacy of other members or outsiders. In such cases we reserve the right to remove this content, but we do not guarantee that this will be done in every case.

If you post, publish or insert any content in IPT, then you grant WHM the non-exclusive, royalty-free, sub-licensable and transferable right to use, publish, process, copy, alter, translate, derive media content therefrom, as well as the distribution and reproduction of this content worldwide and in all media. WHM and its sub-licensees and transferees have the right to use the name that you used in connection with such content. This of course does not mean a transfer of your moral rights

10 SOFTWARE USE
You can use the IPT software solely for personal fitness and health management in the context in which this is permitted by these terms and conditions. You cannot embed parts of IPT software in your own computer programs or compile in connection with your own computer programs. You cannot transfer IPT software to a third person or transfer it to a corporation. You may not distribute, sell, rent, lease, or sublicense or otherwise transfer any rights to the IPT software or parts thereof. The IPT software must not be used for illegal purposes. The WHM is permitted to cease providing the IPT software and to terminate your right to use our software. Your right to use our software expires automatically without any such termination if you fail to comply with these Terms of Use. Additional Software Terms of Use by third parties that are contained in the IPT software that are sold or distributed with it, such as the IPT socket, may also apply to the IPT software application. The application of these Terms of Use has priority in case of conflict with the IPT Terms of Use. All software units used in IPT are the property of WHM or its licensors and are protected by German and international copyright laws.

If you use the IPT software, it may be that you also use the services of one or more third parties, such as your network provider or mobile operator. For your use of these services, or services of third parties in general, separate regulations, conditions and obligations may exist and may be subject to fees, we ask you to consider these separately.

If this is not expressly permitted by the relevant law, you are not allowed to change, reverse engineer, disassemble de-compile, or otherwise falsify or create derivative works or to copy IPT Software or any part thereof. In order to keep our IPT software up to date, we can offer at any time without prior notice automatic or manual updates.

11 AMENDMENTS TO TERMS OF USE
WHM reserves the right to make changes to these Terms of Use, as well as the privacy policies at any time. You will be bound by the Terms and Conditions and Privacy Policy, which are in force at the time on which you use IPT.

12 SEVERABILITY
If any provision of these terms and conditions is ineffective, that shall not affect the validity of the remaining provisions and contracts concluded on their basis. The ineffective provision shall be replaced by a valid one that best corresponds to the spirit and purpose.

13 PLACE OF PERFORMANCE, JURISDICTION
Performance and jurisdiction is the seat of WHM GmbH, Rosenheim, District Court Rosenheim for both parties. This means that you can submit your claim in connection with these Terms of Use, which arise from consumer protection standards, in Rosenheim.

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