Effective Date: December 2nd 2021
These Terms of Use are made and entered into by and between you and RYZE. “RYZE”, “we”, “us” or “our” means RYZE UG, Rubensweg 9, D-31737 Rinteln. The RYZE website, its applications, and content available on the Site and Apps are copyrighted work belonging to RYZE. RYZE training plans and services help people get in shape. Such services may be accessed through the Site, Apps, Content, APIs, and data feeds.
THIS TERMS OF SERVICE AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES. THIS AGREEMENT IS ACCEPTED BY YOUR ACCESSING AND/OR USE OF THE SERVICES. YOU MAY NOT ACCESS AND/OR USE THE SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SERVICES. PLEASE REVIEW RYZE’S PRIVACY POLICY (LINK). THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED INTO, AND CONSIDERED A PART OF, THIS AGREEMENT.
DISCLAIMERS
ALL INFORMATION CONTAINED ON THE SERVICES (INCLUDING THE SITE, APPS, AND
CONTENT), IS FOR INFORMATIONAL PURPOSES ONLY AND NOT PROVIDED AS MEDICAL
ADVICE. INFORMATION ON THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR
THE ADVICE PROVIDED BY A QUALIFIED AND LICENSED HEALTHCARE PROFESSIONAL.
YOU SHOULD NOT USE INFORMATION ON THE SERVICES FOR THE DIAGNOSIS OR
TREATMENT OF A HEALTH PROBLEM OR DISEASES. YOU SHOULD ALWAYS CONSULT YOUR
HEALTHCARE PROVIDER BEFORE MAKING ANY FITNESS ROUTINE CHANGES. IN ADDITION
TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, RYZE DISCLAIMS
ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE
SERVICES.
USER ACCOUNTS
Account Creation. In order to use certain features of the Services, you
may in some cases be asked to enter information needed by the apps, for
presenting data related to your Account. You represent and warrant that:
(a) all required registration information you submit is truthful and
accurate; (b) your use of the Services does not violate any applicable law
or regulation or the terms of this Agreement. You are responsible for
maintaining the confidentiality of your device, and are fully responsible
for all activities that occur under your RYZE Account. You agree to
immediately notify RYZE of any unauthorized use, or suspected unauthorized
use of your RYZE Account or any other breach of security. RYZE cannot and
will not be liable for any loss or damage arising from your failure to
comply with the above requirements. We will protect your RYZE Account
information in accordance with the Privacy Policy.
SERVICE
Ownership. You acknowledge that all the intellectual property rights,
including copyrights, patents, trademarks, and trade secrets, in the
Services (including the Site, Apps, and Content, but excluding any User
Content as defined herein) are owned by RYZE or its suppliers. The
provision of the Services does not transfer to you or any third party any
rights, title or interest in or to such intellectual property rights. RYZE
and its suppliers reserve all rights not granted in this Agreement.
License. Subject to the terms of this Agreement, RYZE grants you a
non-transferable, non-exclusive, license (without the right to sublicense)
to (a) use the Services solely for your personal, non-commercial purposes,
and (b) install and use the Apps, solely on your own handheld mobile
device (e.g., iPhone, Android, etc. as applicable) and solely for your
personal, non-commercial purposes.
Certain Restrictions. The rights granted to you in this Agreement are
subject to the following restrictions: (a) you shall not license, sell,
rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Services; (b) you shall not modify, make derivative works of,
disassemble, reverse compile or reverse engineer any part of the Services;
(c) you shall not access the Services in order to build a similar or
competitive service; (d) except as expressly stated herein, no part of the
Services may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means; (e) You may
not copy or modify the code used to provide the Services; and (f) You may
not use the Site, Apps, Content, or Services on or in connection with any
other website, for any purpose. Any future release, update, or other
addition to functionality of the Services shall be subject to the terms of
this Agreement. All copyright and other proprietary notices on the Site
must be retained on any copies.
Use of Services at Your Own Risk. Your access to and use of the Site,
Content, Apps, and Services is at your own risk. RYZE will have no
responsibility for any harm to your computing system, loss of data, or
other harm to you or any third party, including, without limitation, any
bodily harm, that results from your access to or use of the Site, Apps,
Content, or Services, or reliance on any information or advice with
respect to any food products. Customer Support. RYZE has no obligation to
provide you with customer support of any kind. However, RYZE may provide
you with customer support from time to time, at RYZE’s sole discretion.
Modification Of Services. RYZE reserves the right, at any time, to modify,
suspend, or discontinue the Services (including the Site, Apps, and APIs)
or any part thereof with or without notice. RYZE reserves the right to
integrate into a different web service, migrate to a different URL, modify
or discontinue, restrict or block access to the Services without notice to
you. RYZE may modify or remove any Content from the Services at any time
without notice to you. RYZE is not liable for any such modification,
suspension, discontinuance or removal. You agree that RYZE will not be
liable to you or to any third party for any modification, suspension, or
discontinuance of the Services or any part thereof.
USER CONTENT
“User Content” of a user means any photographs, pictures, content, text,
artwork, files, programs, sound, graphics, video, data, product ratings,
product comments, or forum posts and other similar materials that a user
submits, emails or otherwise uses with the Services. “Your User Content”
means User Content that you provide to RYZE. “Media” means any means of
conveying information, whether now known or hereafter devised. You are
solely responsible for your User Content. You assume all risks associated
with use of User Content, including any reliance on its accuracy,
completeness or usefulness by others, or any disclosure of Your User
Content that makes you or any third party personally identifiable.
License. By using Your User Content with the Services, you automatically
grant, and you represent and warrant that you have the right to grant, to
RYZE an irrevocable, nonexclusive, royalty-free and fully paid, worldwide
license to reproduce, distribute, publicly display and perform, prepare
derivative works of, incorporate into other works, and otherwise use Your
User Content, and to grant RYZE of the foregoing, solely for the purposes
of including Your User Content in the Services. You agree to irrevocably
waive (and cause to be waived) any claims and assertions of moral rights
or attribution with respect to Your User Content.
Feedback. RYZE will treat any feedback or suggestions you provide to RYZE
as non-confidential and non-proprietary. Thus, in the absence of a written
agreement with RYZE to the contrary, you agree that you will not submit to
RYZE any information or ideas that you consider to be confidential or
proprietary.
User Content License Grants. You hereby grant to RYZE a worldwide,
perpetual, irrevocable, nonexclusive, royalty-free, fully-paid up,
transferable right and license, with the right to sublicense through
multiple levels of sublicensees, under all of your intellectual property
and other rights in Your User Content, to (a) reproduce, distribute,
transmit, publicly perform and publicly display Your User Content, in
whole or in part, in any manner and Media, (b) modify, adapt, translate
and create derivative works from Your User Content, in whole or in part,
in any manner and Media, (c) sublicense the foregoing rights, in whole or
in part, to any third party, with or without a fee and (d) exercise any
and all other present or future rights in Your User Content.
Name, Trademarks and Likenesses License Grants. You hereby grant to RYZE a
worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully-paid
up, transferable right and license, with the right to sublicense through
multiple levels of sublicensees, under all of your intellectual property
and other rights in Your User Content, to use all trademarks, trade names
and the names and likenesses of any individuals that appear in Your User
Content. You grant RYZE the right to use the name that you submit in
connection with Your User Content.
Moral Rights. You hereby waive and agree never to assert any claim of
Moral Rights in Your User Content against RYZE or any of RYZE’s licensees.
“Moral Rights” means any right to (a) divulge Your User Content to the
public; (b) retract Your User Content from the public; (c) claim
authorship of Your User Content; (d) object to any distortion, mutilation
or other modification of Your User Content; or (e) any and all similar
rights, existing under judicial or statutory law of any country or
jurisdiction in the world, or under any treaty regardless of whether or
not such right is called or generally referred to as a moral right.
Restrictions. You agree that you will not submit User Content that is
unlawful, pornographic, libelous, defamatory, tortious, obscene, or
racially, ethnically or otherwise objectionable or that otherwise violates
general RYZE community standards. We expressly reserve the right to remove
or not make available any User Content that we deem to be in violation of
this Agreement, applicable laws or our community standards in our sole
discretion. You agree that you will not upload, post, e-mail or otherwise
transmit User Content to us that contain software viruses or any other
computer code, files, or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment.
No Obligation. Although we have the right to include Your User Content in
the Service or in any Media, we do not have the obligation to do so. We
may, in our sole discretion and for any reason, refuse Your User Content
or remove it from our Service at any time. We reserve the right to remove,
screen, edit, or reinstate User Content from time to time at our sole
discretion and without notice to you. We have no obligation to retain or
provide you with copies of Your User Content, nor do we guarantee any
confidentiality with respect to Your User Content.
Advertising. RYZE and its licensees may publicly display advertisements
and other information adjacent to or included with Your User Content. You
are not entitled to any compensation for such advertisements. The manner,
mode and extent of such advertising are subject to change without specific
notice to you.
Representations and Warranties. You hereby affirm, represent, and warrant
that (a) you own, or have the necessary licenses, rights, and/or consents
to use Your User Content with the Services as described herein; (b) Your
User Content does not infringe any copyright or any other intellectual
property right of any third party; (c) Your User Content, and RYZE’s
exercise of its rights hereunder, do not and will not violate,
misappropriate or infringe any intellectual property right, including but
not limited to trademark rights, copyrights, moral rights and publicity
rights of any third party; (d) you possess all rights necessary for the
reproduction, distribution, transmission, public performance, public
display, and other exploitation of Your User Content by RYZE as permitted
hereunder; (e) Your User Content is not pornographic, obscene, libelous,
defamatory, tortious, or otherwise unlawful; (f) all factual statements
submitted by you are accurate and not misleading; and (g) Your User
Content does not in any other way violate the Acceptable Use Policy
(defined below). You may not state or imply that Your User Content is in
any way provided, sponsored or endorsed by RYZE. Because you alone are
responsible for Your User Content (and not RYZE), you may expose yourself
to liability if, for example, Your User Content violates the Acceptable
Use Policy. RYZE is not obligated to backup any User Content and Your User
Content may be deleted at any time. You are solely responsible for
creating backup copies of Your User Content if you desire. We will protect
User Content in accordance with RYZE’s Privacy Policy.
ACCEPTABLE USE POLICY
The following sets forth RYZE’s “Acceptable Use Policy”. You agree not to
use the Services to collect, upload, transmit, display, or distribute any
User Content (a) that violates any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary
right; (b) that is unlawful, harassing, abusive, tortious, threatening,
harmful, abusive, invasive of another’s privacy, vulgar, defamatory,
false, intentionally misleading, trade libelous, pornographic, obscene,
patently offensive (e.g., material that promotes racism, bigotry, hatred,
or physical harm of any kind against any group or individual) or otherwise
objectionable material of any kind or nature or which is harmful to minors
in any way; or (c) in violation of any law, regulation, or obligations or
restrictions imposed by any third party. In addition, you agree not to use
the Services to: (a) upload, transmit, or distribute any computer viruses,
worms, or any software intended to damage or alter a computer system or
data; (b) send unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other
form of duplicative or unsolicited messages, whether commercial or
otherwise; (c) harvest, collect, gather or assemble information or data
regarding other users, including e-mail addresses, without their consent;
(d) interfere with or disrupt servers or networks connected to the
Services or violate the regulations, policies or procedures of such
networks; (e) attempt to gain unauthorized access to the Services, other
computer systems or networks connected to or used together with the
Services, through password mining or other means; (f) attempt to access or
search the Site, Content, or Services with any engine, software, tool,
agent, device or mechanism other than the software and/or search agents
provided by RYZE or other generally available third party web browsers;
(g) forge any TCP/IP packet header or any part of the header information
in any email or posting; (h) attempt to decipher, decompile, disassemble
or reverse engineer any of the software used to provide the Site, Content,
or Services; (i) access, tamper with, or use non-public areas of the Site,
Apps, APIs, RYZE’s computer systems, or the technical delivery systems of
RYZE’s providers; (j) attempt to probe, scan, or test the vulnerability of
any system or network or breach any security or authentication measures;
(k) access, tamper with, or use non-public areas of the Site, RYZE’s
computer systems, or the technical delivery systems of RYZE’s providers;
(l) attempt to probe, scan, or test the vulnerability of any system or
network or breach any security or authentication measures; (m) in any way
use the Site, Content or Services to send altered, deceptive or false
source-identifying information; or (n) harass or interfere with another
user’s use and enjoyment of the Services. We reserve the right (but have
no obligation under this Agreement) to review any User Content,
investigate, and/or take appropriate action against you, in our sole
discretion, if you violate the Acceptable Use Policy or any other
provision of this Agreement, including removing or modifying your User
Content, terminating your RYZE Account, and/or reporting you to law
enforcement authorities. We may also remove or modify your User Content if
it, in our sole judgment, violates the rights of, harms, or threatens the
safety of any other person, or creates liability for us or any other
person. In order to cooperate with legitimate governmental requests,
subpoenas or court orders, or to protect our business and customers, we
may access and disclose any information considered necessary or
appropriate, including your RYZE Account username and password, IP address
and traffic information, usage history, and your User Content.
APP STORES, THIRD PARTY SITES & ADS, OTHER USERS
App Stores. You acknowledge and agree that the availability of the Apps is
dependent on the third party from which you received the Apps, e.g., the
Apple iTunes App Store, Google Play, and/or other app stores (“App
Stores”). You acknowledge that this Agreement is between you and RYZE and
not with the App Stores. RYZE, not the App Stores, is solely responsible
for the Apps, the content thereof, maintenance, support services, and
warranty therefore, and addressing any claims relating thereto (e.g.,
product liability, legal compliance, or intellectual property
infringement). You agree to pay all fees charged by the App Stores in
connection with the Apps. You agree to comply with, and your license to
use the Apps is conditioned upon your compliance with, all applicable
agreements, terms of use/service, and other policies of the App Stores.
You acknowledge that the App Stores (and their subsidiaries) are a third
party beneficiary of this Agreement and will have the right to enforce
this Agreement.
Third Party Sites & Ads. The Services may contain links to third party
sites and advertisements for third parties (collectively “Third Party
Sites & Ads”). Such Third Party Sites & Ads are not under the control of
RYZE and RYZE is not responsible for any Third Party Sites & Ads. RYZE
provides these Third Party Sites Ads only as a convenience and does not
review, approve, monitor, endorse, warrant, or make any representations
with respect to Third Party Sites & Ads. Advertisements and other
information provided by Third Party Sites &a Ads may not be wholly
accurate. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources. When you link to
a Third Party Site, the applicable service provider’s terms and policies,
including privacy and data gathering practices govern. You should make
whatever investigation you feel necessary or appropriate before proceeding
with any transaction with any third party. Your transactions and other
dealings with Third Party Sites & Ads that are found on or through the
Site, Apps or Services, including payment and delivery of related goods or
services, are solely between you and such merchant or advertiser.
Other Users. Each user of the Service is solely responsible for any and
all their User Content. Because we do not control User Content, you
acknowledge and agree that we are not responsible for any User Content and
we make no guarantees regarding the accuracy, currency, suitability, or
quality of any User Content, and we assume no responsibility for any User
Content. Your interactions with other Service users are solely between you
and such user. You agree that RYZE will not be responsible for any loss or
damage incurred as the result of any such interactions. If there is a
dispute between you and any Service user, we are under no obligation to
become involved.
Release. You hereby release us, our officers, employees, agents and
successors from claims, demands any and all losses, damages, rights,
claims, and actions of any kind including personal injuries, death, and
property damage, that is either directly or indirectly related to or
arises from any interactions with or conduct of any App Store, any other
Service users, or any Third Party Sites & Ads.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
DISCLAIMERS
THE SERVICES (INCLUDING SITE, APPS, AND CONTENT) AND USER CONTENT ARE
PROVIDED “AS IS”; WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RYZE EXPLICITLY
DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT. RYZE MAKES NO
WARRANTY THAT THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES WILL MEET
YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR
ERROR-FREE BASIS. RYZE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY
PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE, APPS,
CONTENT, USER CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS,
TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES, INCLUDING,
WITHOUT LIMITATION, ANY INFORMATION OR ADVICE. RYZE DOES NOT REGULARLY
MONITOR OR UPDATE THE ACCURACY OR RELIABILITY OF THE CONTENT OR USER
CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
RYZE OR THROUGH THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES, WILL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN OR CREATE ANY LIABILITY ON
THE PART OF RYZE.
THE SITE, APPS, CONTENT, USER CONTENT AND SERVICES ARE FOR CONSUMER SUPPORT ONLY. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL, NUTRITIONAL OR ANY OTHER PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. THIS SITE, APPS, CONTENT AND THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NUTRITIONAL, DIETETIC, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. RYZE ADVISES USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH, FITNESS, NUTRITION OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR APPS. RYZE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, TOOLS, OR CONTENT INCLUDED IN THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES. PLEASE ALSO REVIEW THE SPECIFIC DISCLAIMERS IN SECTION “CERTAIN DISCLAIMERS”. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES (INCLUDING THE SITE, APPS, OR SITE CONTENT), OR THIRD PARTY SITES & ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES (INCLUDING THE SITE, APPS, CONTENT AND USER CONTENT), AND THIRD PARTY SITES & ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF RYZE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO RYZE FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN RYZEAND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
INDEMNITY
You agree to indemnify and hold RYZE, its successors, subsidiaries,
affiliates, any related companies, its suppliers, licensors and partners,
and the officers, directors, employees, agents and representatives of each
of them harmless, including costs and attorneys’ fees, from any claim or
demand made by any third party due to or arising out of (a) your use of
the Services, (b) your User Content, or (c) your violation of this
Agreement. RYZE reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify us and you agree to cooperate with our defense of these claims.
You agree not to settle any matter without the prior written consent of
RYZE. RYZE will use reasonable efforts to notify you of any such claim,
action or proceeding upon becoming aware of it.
TERM AND TERMINATION
If you violate any of these Terms of Service, your permission to use the
Site, Apps, Content, and Services will automatically terminate. RYZE
reserves the right to revoke your access to and use of the Site, Apps,
Content, and Services at any time, with or without cause.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
RYZE respects the intellectual property rights of others and expects users
of the Site to do the same. At RYZE’s discretion and in appropriate
circumstances, RYZE may terminate the accounts of users or prevent access
to the Site by users who infringe the intellectual property rights of
others. RYZE may access, preserve and disclose to third parties any of
your information or data (including personally identifiable information
and private communications) related to a written complaint of copyright
infringement if RYZE believe in its sole discretion that such access,
preservation, or disclosure is necessary or useful to respond or otherwise
address such complaint.
GENERAL
Changes to Terms of Service. You acknowledge and agree that RYZE may
revise these Terms of Service from time to time. By continuing to access
or use the Site, Content, or Services after RYZE makes any such revision,
you agree to be bound by the revised Terms of Service. Severability. In
the event that any provision of these Terms of Service is held to be
invalid or unenforceable, the remaining provisions of these Terms of
Service will remain in full force and effect.
Waiver. The failure of RYZE to enforce any right or provision of these
Terms of Service will not be deemed a waiver of such right or provision.
Governing Law. This Agreement shall be governed by the laws of the State
of Germany without giving effect to any conflict of laws principles that
may provide the application of the law of another jurisdiction.
Notwithstanding the foregoing, we may seek injunctive or other equitable
relief to protect our intellectual property rights in any court of
competent jurisdiction.
Copyright © 2019-2022, RYZE. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Entire Agreement. This Agreement (which includes the Privacy Policy and
any other rules posted on the Site or Apps) constitute the entire and
exclusive agreement between RYZE and you regarding the Site, Apps,
Content, User Content, and Services, and these Terms of Service supersede
and replace any prior agreements between RYZE and you regarding the Site,
Content, and Services. If any provision of this Agreement is, for any
reason, held to be invalid or unenforceable, the other provisions of this
Agreement will be unimpaired and the invalid or unenforceable provision
will be deemed modified so that it is valid and enforceable to the maximum
extent permitted by law. This Agreement, and your rights and obligations
herein, may not be assigned, subcontracted, delegated, or otherwise
transferred by you without RYZE’s prior written consent, and any attempted
assignment, subcontract, delegation, or transfer in violation of the
foregoing will be null and void. The terms of this Agreement shall be
binding upon assignees.
If you have any questions about these Terms of Service, please contact
RYZE at help@ryzeapp.com.