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These Terms of Use constitute a legally binding agreement made between you personally as a consumer (“you” or “user”), as a private person, and BE YOUR BEST AS (“we”, “us”, “our” or “BeYourBest”), concerning your access to and use of BeYourBest's simulation-based technology platform, portal, software, technical interfaces and related technology (collectively the "BeYourBest Platform") as provided by BeYourBest, mainy for the purpose of enabling sport specific cognitive training. All use of the BeYourBest Platform is subject to these Terms of Use.
You are granted a limited license to access and use the BeYourBest Platform upon your acceptance and respectful adherence to these Terms of Use.
You agree that by accessing and using the BeYourBest Platform, you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, then you are expressly prohibited from using the BeYourBest Platform and you must discontinue use immediately.
*HOSTING SERVICES: BeYourBest shall host the BeYourBest Platform as part of the services and shall provide connectivity software (to be installed on the user’s equipment), but BeYourBest is not responsible for providing electronic communications services and/or computer network hardware required by any user to access the BeYourBest Platform.
*SUPPORT SERVICES: BeYourBest's will provide Error Corrections and Improvements and Updates as set out in these Terms of Use. Other Support Services are subject to separate agreement.
*ERROR CORRECTION SERVICES: BeYourBest will use commercially reasonable efforts to correct reproducible failures in the software that (a) prevent the software to substantially conform to the technical documentation provided by BeYourBest (in hard copy or electronic form), describing the use and operation of the BeYourBest Platform or (b) prevent your access to the BeYourBest Platform (“Error”). BeYourBest will utilize remote diagnostic procedures whenever possible for Error diagnosis and correct Errors through bug fixes or workarounds intended to correct Errors in the software ("Error Corrections").
*IMPROVEMENT AND UPDATE SERVICES: During the Term, BeYourBest may, in its sole discretion, provide users with updates, upgrades, enhancements, and any other improvements to the services (each, an “Update”).
NOTE: BeYourBest do not sell or provide for VR Headset, these are sold separately (from a third party of the user’s choice, not from BeYourBest).
By using the BeYourBest Platform, you represent and warrant that:
(i) all registration information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you have the legal capacity and you agree to comply with these Terms of Use; (iv) you are over the age of 13 at the time of your access or use of the BeYourBest Platform; (v) you will not use the BeYourBest Platform for any illegal or unauthorized purpose; (vi) your use of the BeYourBest Platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the BeYourBest Platform (or any portion thereof).
You shall use the BeYourBest Platform in accordance with the user instructions, health warnings and other policies and guidelines provided by BeYourBest to, among other things, limit the risk of damage or unauthorized access to the BeYourBest Platform or injury or other adverse health impacts which may occur due to photosensitivity or other discomforts caused by video images and use of the BeYourBest Platform.
If you experience symptoms of discomfort upon use of the BeYourBest Platform, you should immediately desist from all use of the BeYourBest Platform.
You may not access or use the BeYourBest Platform for any purpose other than that for which we make the BeYourBest Platform available. The BeYourBest Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. In particular you are not entitled to:
BeYourBest may, without notice and with immediate effect terminate, suspend, or restrict your access and use of the BeYourBest Platform, if there is a suspected violation of these Terms of Use, or illegal or fraudulent use of the BeYourBest Platform.
We reserve the right to: (i) monitor the BeYourBest Platform for violations of these Terms of Use; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (iii) otherwise manage the BeYourBest Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the BeYourBest Platform.
The BeYourBest Platform is provided as a hosted service (software as a service) together with related services (the Services) on the designated hardware, software, electronic communications services and connectivity configuration specified by BeYourBest (the Supported Environment) and as updated from time to time.
BeYourBest may, at its sole discretion, change vendors or hosting partners, or provide updates, upgrades, enhancements etc. that may result in changes in the appearance and/or functionality of the BeYourBest Platform, the Supported Environments, and/or require you to update your own operating systems (e.g. IOS, Android or Windows) or web-browsers.
The BeYourBest Platform, accompanying documentation (in hard copy or electronic form), and all other materials provided or made available by BeYourBest to you ("BeYourBest IP") are the exclusive property of BeYourBest and/or its suppliers. Subject to the limited license rights granted herein (in these Terms of Use), BeYourBest retains all right, title and interest in and to the BeYourBest IP, including all patents, copyright, trade secrets, trademarks, application programming interfaces (APIs), apparatus, concepts, source code, databases, data structures and data collection, data analytics, visualizations, graphical assets, 3D models, animations, software, algorithms, diagrams, drawings, flow charts, formulae, inventions (whether of not patentable or reduced to practice), know-how, schematics, tools, uniform resource identifiers, user interfaces, works of authorship and other forms of technology, materials or intellectual property rights (collectively "Intellectual Property Rights"). You acknowledge that you neither own nor acquire any rights in or to the BeYourBest IP, other than the limited license to access and use the BeYourBest Platform, as expressly described and granted in these Terms of Use.
Furthermore, the BeYourBest Platform includes content, features, design, methods etc. subject to BeYourBest Intellectual Property Rights. You accept and agree that any attempt to recreate, use or copy such BeYourBest IP is strictly prohibited.
BeYourBest hereby grants to user a non-exclusive, non-transferable right (except as expressly provided herein) to (a) access and use the Services during the Term solely for the purpose of enabling sport specific cognitive training, (b) to use and reproduce a reasonable number of copies of the data provided by the use of the services solely for user’s cognitive training purposes, and (c) any lawful use in compliance with new development of features, functionalities as updated to the Services from time to time.
User acknowledge and agree that the BeYourBest Platform or other Services provided by BeYourBest will not be used in violation of the terms for “PROHIBITED USE” in these Terms of Use.
Except as expressly set forth herein, no express or implied license or right of any kind is granted to users regarding the BeYourBest IP.
You acknowledge and agree that certain items of the software are subject to “open source” or “free software” licenses (“OSS”) and that such OSS is owned by third parties and subject to certain license requirements in the relevant OSS license.
Users owns and retains all right, title, and interest in and to the User Content and all Intellectual Property Rights therein. BeYourBest acknowledges that it neither owns nor acquires any additional rights in or to the User Content and that user only grants to BeYourBest a non-exclusive, non-transferable right and license to use, display, perform, reproduce, and modify the User Content, solely as necessary to provide the Services to user and, provided that such information does not identify and is not specific to user, to expand BeYourBest's database of generic and generally available information.
Users shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content. Users shall notify BeYourBest about any changes in the User Content and/or technical specifications (e.g. API) that impacts the use of the User Content in the BeYourBest Platform.
User represents and warrants that any User Content hosted by BeYourBest as part of the services shall not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious computer programming codes intended to damage BeYourBest’s system or data; (e) otherwise violate the rights of a third party; or (f) contain any personally identifiable health information.
BeYourBest reserves the right to suspend the access to and use of the Services at any time if any user materially or repeatedly infringes third party copyright rights, including upon BeYourBest’s receipt of notification by the copyright owner or the copyright owner’s legal agent.
In order to provide the BeYourBest Platform, BeYourBest may process personal data about you and others who access the BeYourBest Platform. Please read our Privacy Policy for more information about how personal data will be processed in relation to your use of the BeYourBest Platform.
In the event of conflict between these Terms of Use and the Privacy Policy, the Privacy Policy takes precedence over these Terms of Use when it comes to terms and provisions related clearly and unequivocally to the regulation of data processing.
You accept that the BeYourBest Platform from time to time may be partly or completely unavailable due to amongst others interruptions, delays, Errors or maintenance. BeYourBest makes no warranty or guarantee about the 100 % availability of the BeYourBest Platform but will exercise reasonable skill and care in providing the BeYourBest Platform. To a reasonable extent, we will provide you with information about any limitations in availability.
APPLICABLE FEES FOR THE SERVICES:
The current subscription prices can be found here.
All prices are in USD, including VAT.
Users will pay to BeYourBest the fees set forth in each submitted order form from a user (as applicable from time to time), in advance, and BeYourBest shall have the right to invoice all such applicable amounts accordingly.
User shall pay all invoiced amounts within thirty (30) days after the date of the invoice.
The user is not entitled to a refund of part of a prepaid subscription fee in the event of early termination. This means that if the user wishes to terminate a subscription period before the end of an active agreement period, the user will not be entitled to be reimbursed a proportionate share of a pre-paid amount, but the user will continue to have access to the BeYourBest Platform and the Services for the duration of the applicable subscription period.
All fees are adjusted annually in accordance with the changes in Statistics Norway's Consumer Price Index.
IN CASE OF LATE PAYMENT:
In case of late payment, late payment interest in accordance with the applicable law in the country of the place of business of BeYourBest shall accrue from, but not including the due date to the actual payment date.
THE BeYourBest Platform IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE BeYourBest Platform WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW (SPECIAL REFERENCE IS MADE TO DIRECTIVE (EU) 2019/770 ARTICLE 7, 8
AND 9), WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE BeYourBest Platform.
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BeYourBest Platform IN BREACH WITH THESE Terms of Use, AND/OR (2) ANY DAMAGE OR LOSS OF USER GENERATED DATA RESULTING FROM
UNAUTHORIZED ACCESS IN BREACH WITH THESE Terms of Use.
IN NO EVENT WILL WE OR OUR CONSULTANTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE BeYourBest Platform AND OUR SERVICES IN BREACH WITH THESE Terms of Use, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The users acknowledges that (a) complex software is never wholly free from Errors, and BeYourBest gives no warranty or representation that the BeYourBest Platform will be wholly free from Errors; (b) BeYourBest will not and does not purport to provide any legal, taxation or accountancy advice etc. in relation to the services; and (c) BeYourBest has no warranty obligation for problems on the BeYourBest Platform caused by third party software or hardware, by accidental damage or by other matters beyond BeYourBest's control.
BeYourBest represents and warrants that the BeYourBest Platform and the technology upon which it is based shall not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) contain any viruses, worms or other malicious computer programming codes intended to damage the User Content, system, or data; or (d) otherwise violate the rights of a third party.
Nothing in these Terms of Use shall limit or exclude either party’s liability which cannot be limited or excluded by applicable law.
You shall indemnify and hold BeYourBest harmless from any damages (including, without limitations, reasonable costs and legal fees) arising out of any third-party suit, claim or other legal action against BeYourBest relating to the User Content or BeYourBest's damage or loss suffered as a result of user’s breach of these Terms of Use.
BeYourBest shall indemnify and hold user harmless from any damages (including, without limitations, reasonable costs and legal fees) arising out of any third-party suit, claim or other legal action against user relating to the BeYourBest Platform or the software or user’s damage or loss suffered as a result of BeYourBest's breach of these Terms of Use.
BeYourBest will send information relating to the BeYourBest Platform, such as messages relating to account transactions, material changes in these Terms of Use, communication related to user names, password etc, reminders and nudges etc., in electronic form, e.g. by notifications, e-mail, SMS etc.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time. We will make available to you any changes made to these Terms of Use by updating the “Last updated” date of these Terms of Use, and you hereby waive any right to receive specific written notice of each such change, unless there has been made some material changes in these Terms of Use. You will receive written notice of any changes that materially affects your use of the BeYourBest Platform.
You will be subject to, and will be deemed to have been made aware of, and to have accepted, the changes in any revised Terms of Use, in the following cases:
(i) after your receipt of notice (of any material changes), and if no objection is made by you within 30 days after your receipt of the notice of the material changes, and / or
(ii) your continued use of the BeYourBest Platform after the date such revised Terms of Use are posted (concerning minor changes), to the extent permitted by applicable law.
In both cases: (i) and (ii) mentioned above, you will be bound by the new / updated Terms of Use, upon your continued use of the BeYourBest Platform.
Each of the parties to this agreement will be entitled to enforce its rights under this agreement.
In the event of a breach of these Terms of Use by the User or by BeYourBest, of any of their obligations under this agreement, each, the User or BeYourBest, as the case may be, is entitled to exercise all rights granted by law and under this agreement, including recovery of damages, subject to the limitations described in the terms for “DISCLAIMER”, “LIMITATION OF LIABILITY” and “INDEMNIFICATION”, in these Terms of Use.
Notwithstanding the foregoing, nothing in these Terms of Use will not limit any consumer protection rights that the user may be entitled to under the mandatory laws in the country of the place of business of BeYourBest.
This agreement is automatically renewed with a corresponding new subscription period / agreement period as the user originally signed up for, unless one of the parties sends a written notice of termination by automated means through the BeYourBest Platform, or by email, before the end of the applicable subscription period / agreement period.
These Terms of Use shall remain in full force and effect for the duration of the agreement period.
Upon termination or expiration of the agreement for any reason (a) all rights and obligations of both parties, including all licenses granted hereunder, shall immediately terminate; (b) each party shall return or delete all Confidential Information; and (c) BeYourBest shall discontinue all use of User Content. The terms concerning:
“INTELLECTUAL PROPERTY RIGHTS”
“DISCLAIMER”
“LIMITATION OF LIABILITY”
“INDEMNIFICATION”
”CONFIDENTIALITY”
”REMEDIES”
”GOVERNING LAW”
will survive expiration or termination of this agreement.
BeYourBest and/or the users (the Disclosing Party) may provide the other party (the Receiving Party) with certain information regarding the Disclosing Party’s business, technology, products, or services or other confidential or proprietary information (collectively, Confidential Information).
The BeYourBest IP is considered Confidential Information. Neither party shall use or disclose to any third party any Confidential Information and will protect the Disclosing Party’s Confidential Information in the same manner that it protects its own proprietary information of a similar nature.
Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of the provisions/clauses in these Terms of Use if such delay is caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, acts of war or terrorism, civil or military disturbances, fire, earthquake, flood, acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible.
You accept and agree that BeYourBest, either partly or in whole, may assign its rights and obligations under these Terms of Use to a third party.
As a consumer you have the right to withdraw from this agreement within 14 (fourteen) calendar days, without having to either justify any reason or sustain any penalty. This deadline for withdrawal shall start from the day the user submits its order form for subscription, for the use of the BeYourBest Platform. You must notify a request of withdrawal within the prescribed deadline to BeYourBest by email (see contact details below). In respect of the exercise of a right of withdrawal by a user, the withdrawal will be resolved without fees and the user will lose access to the BeYourBest Platform.
Any complaints against BeYourBest must be submitted without undue delay.
In order to resolve a complaint regarding the BeYourBest Platform, our services, or to receive further information regarding use of the BeYourBest Platform, please contact us at:
BE YOUR BEST AS
Gaustadalléen 21, 0349 Oslo
+4792657454
These Terms of Use shall be governed by and construed in accordance with the laws of Norway.
The parties shall try to resolve any disagreement or dispute under these Terms of Use through negotiations. If the parties after such negotiations are not able to reach an amicable solution, the dispute may be brought before the ordinary courts, with Oslo City Court as legal venue.
Last updated: February 8, 2024
