TERMS OF SALE

This document relates to terms of sale for Qinematic AB and daughter companies (Moovment Academy International AB, Moovment Coach International AB) (collectively referred to as ‘Qinematic’, ‘we’, ‘us’, ‘our’) and related partners (additional services, physical products, etc).

‘Store’ means an online store or physical store or connection with a salesperson, where you can browse, view, purchase, buy, rate, and review goods and Services. These Terms of Sale (‘Terms of Sale’) apply to your use of the Qinematic Store and other Qinematic Services that reference these Terms of Sale (collectively, ‘Store’). Through the Store, Qinematic provides access to a variety of resources such as download areas, software, tools, and information about software and services (collectively, ‘Services’ and together with the Store, ‘Store’). We use the term ‘Product’ or ‘Products’ for physical items offered in the Store. Products and other merchandise offered in the Store might be offered by companies other than Qinematic.

By using the Store or purchasing Products and Services from the Store, you acknowledge and agree to these Terms of Sale and any applicable terms and conditions, policies, or exclusions in the Store or references in these Terms of Sale (collectively, the ‘Store Policies’). We encourage you to read the store policies carefully. YOU ARE NOT AUTHORIZED TO USE THE STORE OR THE SERVICES IF YOU DO NOT AGREE WITH THE STORE POLICIES.

If we have a Qinematic agent or reseller in your country or region, they may have different or additional policies. Qinematic may update or amend their own Policies at any time without notice.

Terms Applicable to Your Use of the Store

1. Member Account. If a Store or Service requires an account to be opened, the registration process requires you to provide current, complete, and accurate information on the applicable registration form. You may also be required to accept a Service contract or separate terms of use in order to open the account. Your use of the account to access the Store and any content you have purchased from the Store is subject to all Qinematic account terms. Please see the Qinematic Services Agreement for more information: You are entirely responsible for maintaining the confidentiality of your account information and password and for all activity under your account.

2. No Unlawful or Prohibited Use. As a condition of your use of the Store and the Services, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale, the Store Policies, or any other terms applicable to your use of the Store. You may not use the Store in any way that could damage, disable, overload, or impair any Qinematic server or networks connected to a Qinematic server, or interfere with anyone else's use of the Store. You may not attempt to gain unauthorized access to the Store or any other account, computer system, or network connected to any Qinematic server or the Store, by hacking, password mining, or otherwise. You may not obtain or attempt to obtain any material or information by any means not expressly provided by the Store. You may not use the Store in a manner that violates the rights of any third party or that wilfully harm any person or entity, including Qinematic. You may not commercially distribute, publish, license, or sell any Product, information, or Service obtained through the Qinematic Store.

3. Material you provide to Qinematic or post to the Store. Qinematic recognizes material that you provide to Qinematic (such as feedback, ratings, and suggestions) or that you post, upload, input, or submit to the Store or related Qinematic Services for others to view (each, a ‘Submission’ and collectively ‘Submissions’) is not owned. However, you grant Qinematic the right to use, modify, adapt, reproduce, distribute and display your Submission, including your name, anywhere in the world (e.g. for advertising purposes). If you post your Submission in areas of the Store where it is freely available online, your Submission may appear in demonstrations or material promoting the Store. You represent and warrant that you have (and will have) all necessary rights to such material.

No compensation will be paid with respect to the use of your Submission. Qinematic is under no obligation to post or use any Submission, and Qinematic may, in its sole discretion, remove any Submission at any time. Qinematic is not responsible for your Submissions or any material that others post, upload, input, or submit through the Store.

When you rate or review an application in the Store, you may receive an email from Qinematic with content from the application's publisher.

4 . Links to Third-Party Sites. The Store may contain links to third-party websites that will take you away from the Store. These linked sites are not under the control of Qinematic and Qinematic is not responsible for the contents of any linked site or any link contained in a linked site. Qinematic is providing these links to you only as a convenience, if any; however, this does not imply an endorsement of the website by Qinematic. Your use of the third-party website may be subject to the third party's terms of Service.

Terms for the Sale of Products and Services to You

5. Geographical Availability. Product availability may vary by region, Service, or device. There may also be restrictions on the destinations to which we can deliver goods, Services, or digital content. In order to complete your purchase, you may need a valid billing and shipping address in the country or region of the store where you are purchasing. You are responsible for knowing your own obligations and responsibilities regarding use of the Products or Services. For example, your data protection responsibilities.

6. End-Users Only. To purchase Products from the Store, you must be an end-user or an Organisation using the service to sell services to clients. Trading partners are not authorized to purchase Products without a written agreement.

7. Export Restrictions. Products purchased from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.

8. Billing. By providing Qinematic with a payment method, (i) you represent that you are authorized to use the specified payment method and that the payment information you provide is true and accurate, (ii) you authorize Qinematic to charge any Products, Services, or content available to you and bill you for your chosen payment method; and (iii) authorize Qinematic to charge you for paid features of the Store that you register for or use. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you in connection with your transactions as needed. We are entitled to Bill you (a) in advance, (b) at the time of purchase, (c) shortly after purchase, or (d) for subscriptions on a recurring basis. Otherwise, we may charge you up to the amount you have authorised, and we will notify you in advance if the amount to be charged for subscriptions that renew automatically changes. We may simultaneously bill you for multiple prior billing periods that have not yet been processed. See the ‘Automatic Renewal’ section below, should the amount to be billed for subscriptions that renew automatically change.

If you take advantage of an offer with a trial period and we don't tell you otherwise, you must cancel the Service at the end of the trial period to avoid further charges. If you do not cancel the Service at the end of the trial period, you authorize us to bill you for the Product or Service to the payment method you specified.

Payment for an invoice must be fulfilled within 30 days from the date of invoice, unless stated in writing by special arrangement. For late payment, interest or 1,25% per month will be added from the date of the invoice. A reminder fee of €45 plus tax, or the equivalent in local currency or as required by law, will be added.

The base currency for pricing of all software and services is Euros (€). The advertised price may be converted to the local currency at the time of transaction according to the rates provided the payment providers (eg. Stripe). The total amount charged may depend on the fees charged by Your own bank/payment provider.

9. Regular Payments. You acknowledge and agree that when you purchase goods, Services, or digital content on a subscription basis (e.g., weekly, monthly, quarterly, or yearly), you authorize recurring payments to Qinematic based on your chosen payment method and to be performed at the intervals you choose until the subscription is canceled by you or Qinematic. When you authorize recurring payments, you authorize Qinematic to process these payments either as electronic debits or wire transfers or as electronic debits from your nominated account (in the case of an automated clearing house or similar payments) or debits from your nominated account (in the case of credit card or similar payments) (collectively referred to as ‘Electronic Payments’). Subscription fees are generally billed or charged in advance of the applicable subscription period. Consumption of additional services (eg. Specialist access, Scans) may be charged retrospectively for the preceding month at the agreed variable rate price.

If a payment is returned unpaid, or if a credit card or similar transaction is rejected or denied, Qinematic or its Service providers reserve the right to collect applicable chargeback, rejection, or insufficient funds fees and process such payments as Electronic Payments. Subscription fees are generally billed or charged in advance of the applicable subscription period. If a payment is returned unpaid, or if a credit card or similar transaction is rejected or denied, Qinematic or its Service providers reserve the right to collect applicable chargeback, rejection, or insufficient funds fees and process such payments as Electronic Payments.

10. Availability and Quantity and Order Restrictions. Prices and availability of goods, Services, and digital content on the Store are subject to change at any time without notice. Qinematic may limit the quantities that can be purchased per order, per account, per credit card, per person, or per household. If the goods, Services, or digital content you request are not available at the time you place your order or thereafter, we may contact you to offer you an alternative Product. If you do not opt for the alternative Product, we will cancel your order.

Qinematic is entitled at any time to not accept or to refuse an order and to refund you the purchase price for good reason, for example, if you have not met the conditions stated at the time of the order, if your payment cannot be processed, if the ordered Products, digital Content or Services are unavailable or in the event of an apparent pricing error or other error. In the event of such pricing error or other error, we reserve the right to either (a) cancel your order or purchase, or (b) contact you with alternative options. In the event of cancellation, your access to the relevant content will be disabled.

We may remove or disable any application, feature, content, or Service on your device to protect you, the Store, or any parties that may be affected. It is possible that certain content and applications are temporarily unavailable or are only offered for a limited period. Availability may depend on the region. This means that if you move your account or device to a different region, you may be able to re-download content or applications, or access certain previously purchased content. In this case, you may need to re-purchase the content or applications that you paid for in the previous region. Except to the extent provided for by applicable law, we are under no obligation to refund payment or replace the application, feature, content, or Service.

11. Updates. Qinematic may automatically check the version of the application in use. Qinematic may automatically send a notification to download new versions of the installed software (eg. Moovment Scan and Moovment Lab). Qinematic may automatically make changes to the web application (eg. Moovment Pro Portal), even if you're not signed into the Store. If you don't want to receive automatic updates from your app store for native applications (eg. Moovment.Pro), you can opt-out in your Settings configuration. You grant permission for certain apps from the Store, or associated with the use of items from the Store, that are wholly or partially hosted online, to be updated by the app developer at any time without requiring your consent to the update. Some applications may be inaccessible until you agree to update them.

12. Software Licenses and Use Rights. Software and other digital content made available through the Stores is licensed to you, not sold. Applications downloaded directly from the Store are subject to the End User License Agreements (‘EULA’) and the Service Agreement available at https://www.qinematic.com/legal  unless other license terms accompany the application. Software licenses purchased from an agent or reseller are governed by the license agreement that accompanies the software, and you must agree to the license agreement at the time you acquire, download, or install the software. Even if your device has software pre-installed, and you do not need to download the software and agree to the onscreen EULA, by logging in to use the software and services, you are accepting the terms of use as specified in the EULA and the Service Agreement.

OTHER PROVISIONS. In addition to software and other downloadable Products, you may be offered other Products and Services available in the Store that have separate license terms, terms of use, contract terms, or other terms. If you purchase, download, or use these Products, you may also be required to agree to these terms as a condition of purchase, download, installation, or use.

FOR YOUR CONVENIENCE, QINEMATIC MAY MAKE AVAILABLE AS PART OF THE STORE OR SERVICES OR IN SOFTWARE OR COMMERCIAL PRODUCTS, TOOLS, AND UTILITIES FOR USE AND/OR DOWNLOAD WHICH ARE NOT PART OF THE PRODUCT OR SERVICE SOLD. QINEMATIC MAKES NO REPRESENTATIONS REGARDING THE ACCURACY OF THE RESULTS OR THE PERFORMANCE OF SUCH TOOLS OR UTILITIES, OTHER THAN THE REPRESENTATIONS DESCRIBED IN THE ‘PRODUCT WARRANTIES’ SECTION.

Please respect the intellectual property rights of others when using the tools and utilities made available through the Store or in software or merchandise.

13. Software and Content Download Codes. Certain software and content will be delivered to you by providing a download link in the Qinematic account through which you made your purchase. Subject to the paragraph below, we will normally store the download link and digital key associated with a purchase in your account for a reasonable period from the date of purchase, but we do not promise to store it for any specific length of time. Subscription Products and Services delivered by providing a download link may have different terms and storage rights which will be presented to you for review and approval upon subscription.

You agree that we have the right to cancel or change our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for a Product at any time and for any reason - for example, because Product support for a Product is discontinued - after which you will no longer have access to the download link or key. If we discontinue or change our program so that you are no longer able to access download links or digital keys in your account, we will provide at least 90 days prior notice to the designated Qinematic account contact.

14. Prices. Pricing, Product selection, and promotions offered by a Qinematic agent or reseller in your country or region may differ from those offered by the online store. Qinematic does not guarantee that a price, Product, or special offer offered online will also be available from an agent or reseller and vice versa.

The store does not offer price matching. We do not compare the sale price of other suppliers for the same item.

We may offer the opportunity to pre-order certain Products before the availability date. 

Unless otherwise noted, prices displayed on the Store exclude taxes and duties (‘Taxes’) that may apply to your purchase. The prices quoted in the store do not include delivery costs. Taxes and delivery charges (if applicable) will be added to your purchase amount and will be displayed on the checkout page prior to finalizing your order. Such taxes and costs are your sole responsibility.

Depending on your location, some transactions may require foreign currency conversion or be processed in another country. Your bank may charge additional fees for these Services if you use a debit or credit card. Please check with your bank.

15. Optional automatic renewal. Provided that automatic renewals are permitted in your country, territory, state, or province, you may choose to have any Product or Service automatically renewed at the end of a specified term. When you have elected to automatically renew your Product or Service, we may renew your Product or Service at the end of the current term and charge you at the then-current price for the renewal period. You must cancel prior to the renewal date to avoid being billed for a renewal term: Three (3) full months prior to the end of an annual subscription; One (1) full month prior to the end of a monthly subscription.

16.  Returns Policy. The return policy is in addition to any statutory warranty or other return rights you may have by law (see Product Warranty section below). Subject to our return policy, after purchasing a Product covered by this policy, you have fourteen (14) calendar days to withdraw from the purchase contract and request a refund of the purchase price without giving any reason. The cancellation period ends fourteen (14) calendar days after delivery.

If the law applicable in your country or territory gives you a longer cooling-off period, this period will apply.

To exercise your right of withdrawal, you must inform us in writing of your decision before the end of the withdrawal period. Contact Qinematic by emailing info@qinematic.com  to inform us of your decision and begin the return process. 

If you exercise your right of withdrawal, we will refund you the amount you paid for the Product or Service (except for the additional costs incurred because of the return). The refund will generally be made using the original method of payment. You are required to return the Service or Products in question to us without undue delay (no later than 14 days from the date of your return request) and at your expense.

As a condition of return and to the extent permitted by law, the following requirements apply. Returned Products must have been treated with reasonable care (for example, they must not be worn or damaged and must be in a condition that allows us to resell them). 

We are entitled to extend the period for the right of withdrawal during the holiday periods or at other times. If a longer period is already stated for a particular Product or Service, then that longer period will apply.

All returns must include the original receipt, original documentation, instructions, registration, parts and components (including cables, controllers, and accessories), and the manufacturer's packaging. Subject to applicable law, a refund or exchange may be prevented or delayed if any part is missing, and our return criteria are not met.

Even if you return your Products or terminate a Service, these Terms of Sale apply to the period between your purchase or download and the return shipment.

Certain items are excluded from return or refund. Except as otherwise provided by a particular law or Product offering, the following types of Products are excluded from the post-purchase right of withdrawal and are non-refundable:

• Digital apps, app and subscription content, music, videos, and other printed or exportable content

• Education and training Products and Services

• Products and Services that have been ordered from a third party

• Products and Services that have been personalized or customized, and

• Services that may have been used or consumed

17. Payments to You. In the event that we owe you a payment, you agree to provide us with all information necessary for us to make the payment to you in a timely and clear manner. Except for payments made in accordance with the ‘Returns Policy’ section above, you are responsible for any taxes and fees incurred because of any payment made to you. In addition, you must comply with any other terms we may set for your right to receive payments. If you receive a payment in error, we may reverse the payment or request a refund of the payment. You agree to cooperate with us in our efforts to do so. We may also reduce any payment to you by any amount previously overpaid.

18. Gift Cards. For gift cards purchased in a Qinematic Store, the terms are governed by the Qinematic Gift Card Terms.

19. Customer Service. Contact information for customer support requests can be found here https://www.moovment.pro/contact-us .

General Provisions

20. Modified Terms. Qinematic may change the Terms of Sale at any time without notice to you. The Terms of Sale in effect at the time you place your order (or, in the case of free applications, at the time you attempt to install the application) will govern the process of purchase and serve as the commercial contract between you and us. Prior to your next business transaction, Qinematic may update the Terms of Sale without notice to you. Please check the terms of sale each time you visit the store. We recommend that you save or print a copy of the Conditions of Sale when making your purchase.

22. Authorized Use, Age Restrictions. You represent that you have the authority to place an order and to take any other legal action required of you under these Terms of Sale. Use of the Store, including shopping, may be subject to age restrictions.

23. Privacy and Protection of Personal Information. Your privacy is important to us. We use certain information we collect from you to provide and operate the Store. Please read the Qinematic Privacy here: www.qinematic.com/privacy-policy .

24. Display and Colour of Products. Qinematic tries to present the colours and images of Products faithfully, but we cannot guarantee that the colour you see on your device screen or monitor will exactly match the colour of the Product.

25. Errors in Store Offering. We make every effort to ensure the accuracy of the information published, to regularly update the Store, and to correct any errors found. However, the content presented in the Store may at any time be inaccurate or out of date. We reserve the right to make changes to the Store at any time, including Product and Service pricing, specifications, offerings, and availability.

26. Termination of Use or Access. Qinematic may terminate your account or your use of the Store at any time for any legitimate reason - for example, if you violate these Terms of Sale or the Store Policies, or if the Store is no longer operated by Qinematic. By using the Store, you agree to be responsible (subject to these Terms) for any orders or charges made by you prior to such termination. Qinematic may change, discontinue, or otherwise suspend the Store at any time, for any reason, without notice to you. If such a change, discontinuation, or suspension affects your use of the Service or Product or otherwise compromises your order, please contact Sales and Support here: https://www.moovment.pro/contact-us.

27. Product Warranties. Many Products available in the Store (including certain Qinematic and non-Qinematic Products) come with manufacturer warranties. For information on handling warranty claims, please refer to the manufacturer's warranties provided with the Products in question. For some Products, you can get an Extended Service Plan for an additional fee. Please refer to the specific plans for more information.

In addition, Products (goods, Services, and digital content) sold or offered through the Store may come with rights and warranties that cannot be excluded by law, such as consumer statutory protections for defective, damaged, or misdescribed goods, digital Content, or Services. Warranties provided by a manufacturer, Service provider, or developer are in addition to these consumer law terms.

QINEMATIC AND ITS SUPPLIERS, DISTRIBUTORS, RETAIL PARTNERS AND CONTENT PROVIDER MAKE NO OTHER WARRANTIES, GUARANTEES OR CONDITIONS UNDER THESE TERMS OF SALE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

QINEMATIC AB WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES DUE TO LOSS OF DATA FOR ANY REASON, REGARDLESS OF THE ADVICE GIVEN ABOUT THE USE OF A SERVICE OR GOODS.

QINEMATIC DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF ANY INFORMATION AVAILABLE THROUGH THE STORE OR THE SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT ERROR-FREE AND MAY FAIL FROM TIME TO TIME. QINEMATIC DOES NOT WARRANT THAT ACCESS TO THE STORE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT LOSS OF CONTENT WILL NOT RESULT.

28. Limitation of Liability. This limitation of liability does not exclude or limit the consumer protection laws to which you are entitled or any other liability which may not be excluded by operation of law. The same applies to the liability of Qinematic, its indirect representatives, and/or its legal representatives in the event of fraud or Negligence resulting in injury to the body or health of any person or death.

a. Qinematic, its vicarious agents, and/or legal representatives are not liable for indirect damages, including financial losses such as lost profits, unless Qinematic, its vicarious agents, and/or legal representatives acted at least negligently or with intent.

b. Qinematic is not responsible for your submissions, content, or materials, or for the activities of other users. This content and activity is not Qinematic's responsibility and does not represent the opinion of Qinematic.

c. Some Products, applications, Services, and other digital content offered on the Store might be offered by companies other than Qinematic (‘Third Party Content’). Unless otherwise required by consumer law in your country or territory, Qinematic shall not be responsible or liable for any Third-Party Content or any claim related thereto. See the ‘Product Warranty’ paragraph above.

i.e. Qinematic shall not be responsible or liable for any failure or delay in performance of any of its obligations under these Terms to the extent that the failure or delay in performance is due to circumstances beyond Qinematic's control (such as labour disputes, acts of God, war acts of terrorism, malicious damage to property, accidents or as required by any applicable law or governmental regulation). Qinematic makes every effort to minimize the impact of such events and to honour the obligations unaffected.

29. Assignment. We may assign, transfer, or otherwise dispose of any or all of our rights and obligations under these Terms of Sale at any time without notice to you. You may not assign or transfer any rights under these Terms of Sale.

30. Choice of Law and Venue for Dispute Resolution. If you live in Europe (or, if you are a business, have your principal place of business in Europe), all claims regarding free Services and free purchases from the Store are governed by the laws of Sweden. Mandatory legal provisions of the country in which you have your usual place of residence remain unaffected. The laws of your country of habitual residence govern all claims related to paid purchases in the Stores and Paid Services. You and Qinematic agree that the courts of your country of habitual residence shall have jurisdiction over any dispute arising out of or in connection with these Terms of Sale, alternatively, you may choose the courts of Stockholm, Sweden.

31. Notices.

a. Notices and Procedures for Making Claims of Intellectual Property Infringement. Qinematic respects the intellectual property rights of others. If you wish to report an infringement of any intellectual property rights, including copyright infringement, please contact us at https://www.moovment.pro/contact-us).  Qinematic handles reported copyright infringement pursuant to Title 17, United States Code, Section 512. In some circumstances, Qinematic may disable or terminate the accounts of users who repeatedly infringe such rights.

b. Intellectual Property Notices. All content on the Store and Services is Copyright © 2018-2023 Qinematic AB Stockholm, Sweden. All rights reserved. We or our suppliers and third parties own the title, copyright, and other intellectual property rights in the Store, the Services, and the Content. Qinematic and the names, logos, and icons of all Qinematic Products and Services may be trademarks or registered trademarks of Qinematic.

Actual company and Product names may be trademarks of their respective owners. All rights not expressly granted in these Terms of Sale are reserved.

32. Disclaimer. Exercise is not without its risks and this or any other exercise assessment or training program may result in injury, and/or aggravate an existing injury. To reduce the risk of injury, a physician should always be consulted before beginning any exercise program. The Service enabled by Qinematic software and Services is for general assessment and general information and is not intended to independently diagnose any medical condition or to replace your healthcare professional. Qinematic disclaims any liability from and in connection with the use of the Services or Products. Guidelines and other online information provide an overview of some of the science and principles of health and fitness, and are intended primarily for health and fitness providers, but are by no means comprehensive. Qinematic is not responsible for errors or omissions, or any consequences resulting from the accuracy of information created or presented by the Products or Services. Health and fitness providers and end-users use the Qinematic Products and Services at their own risk.