To use MASS & Athleticware, you are required to create an athlete or trainer account (collectively “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the registration page and our privacy policy.

The default account settings are “private”. A trainer may request access to an athlete account, where after the athlete may grant the trainer access to the account. When the trainer is granted access to an athlete account, the athlete account is administrated by the trainer as set forth in section 9 below.

You are solely responsible for all information (including but not limited to the personal information as defined in section 3 below) associated with your Account. You must maintain the security of your Account and immediately notify AW, if you discover or suspect that someone has accessed your Account without your permission. We recommend that you create a strong password used only with the Account.

You may at any time manage your privacy settings by following the instructions under privacy settings in MASS & Athleticware.

To the maximum extent allowed by applicable law, we are not responsible for any loss or activity that results from the unauthorised use of the Account.

You will not license, sell, or transfer your Account without our prior written approval.

We reserve the right to pre-screen or monitor your Account (but we have no obligation to do so), or delete, restrict, or suspend the Account, if we believe you violate our Terms, without any liability, subject to applicable law.

AW grants you a personal, non-transferable, non-exclusive, revocable, limited license to use andaccess Athleticware & MASS solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted by these Terms or as otherwise permitted by us in writing or by mandatory law, your user license does not include the right to:

We reserve the right to modify, suspend, or discontinue MASS & Athleticware or Content (in whole or in part) at any time with or without notice. Any future release, update, or other addition to functionality of Athleticware or MASS will be subject to these Terms. You agree that we are not liable to you or any third party for any modification, suspension or discontinuation of Athleticware & MASS or any part thereof.

Except for your Personal Information (as defined in section 3), all content provided in Athleticware & MASS, including, but not limited to guidelines based on your training activities, text, software, scripts, code, designs, graphics, photos, sounds, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content such as all trademarks, service marks and trade names (collectively “the Content”), is the property of AW or our licensors and is protected by these Terms or applicable copyright, trademark, patent or similar laws. We reserve all rights not expressly described in these Terms.

Unauthorised use of the Content may constitute a breach of copyright, trademark or other intellectual property law and may subject you to criminal or civil charges and penalties.

When using or accessing Athleticware & MASS, you shall at all times comply with these Terms and all applicable laws, rules, and regulations. You may not do any of the following:

MASS & Athleticware allows you and your trainer to upload information to your personal profile (“Personal Information”), e.g. in connection to your training activities. The Personal Information uploaded to your Account is owned by you.

By submitting Personal Information to MASS & Athleticware, you represent and warrant that you have all rights, power and authority necessary to grant the rights to the Personal Information. We assume no responsibility for the Personal Information and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of the Personal Information.

You retain any ownership to the Personal Information, but when you upload Personal Information to MASS & Athleticware, you grant the below license to AW under the following conditions:

You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, translate, adapt, prepare derivative works of, distribute, store, perform, and display the Content and any name, username, voice, or likeness provided in connection with the Personal Information. You also agree that we may remove metadata associated with the Personal Information, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to the Personal Information.

We may, at our sole discretion, delete or remove the Personal Information at any time and for any reason, including for violating these Terms or if you otherwise create or are likely to create liability for us.

Our use of the Personal Information is described in further detail in our privacy policy.

MASS & Athleticware allows you to upload information to your athletes’ personal profiles (“Personal Information”)e.g. in connection to the athletes’ training activities. The Personal Information is owned by the athlete.

By submitting Personal Information to an athlete’s account in MASS & Athleticware, you represent and warrant that you have all rights, power and authority necessary to upload the Personal Information. We assume no responsibility for the Personal Information and we do not expressly or implicitly endorse, support, orguarantee the completeness, truthfulness, accuracy, or reliability of any of the Personal Information.

Our use of the Personal Information is described in further detail in our privacy policy.

We offer our services in MASS & Athleticware for an annual fee. By creating an account and using MASS & Athleticware you agree to our payment terms and waive your 14-days right to withdrawal at the moment you subscribe to MASS & Athleticware to the maximum extent permitted by applicable law, so that you are able to immediately access your account and use the MASS & Athleticware services.

When you create an account, you also agree that the billing will auto-renew unless you terminate your account.

When you create an account, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect the fee charged for the MASS services automatic from your Payment Method.

Unless otherwise agreed in writing, all fees due for our services are payable in advance and will be billed automatically to the Payment Method at the start of the annual term. Unless otherwise agreed in writing, the annual fees will auto-renew until you terminate your account. All purchases in MASS and Athleticware are final and non-refundable.

The term of your account will begin when you register your athlete or trainer account and will end when terminated by you or AW as set forth in these Terms.

If you do not pay the fees or charges due for your use of MASS and Athleticware, we will make reasonable efforts to notify you and resolve the issue. However, we reserve the right to terminate your account and may do so without notice.

You may terminate your account at any time by following the instructions in the privacy settings in MASS and Athleticware. AW may terminate your account at any time if you are in breach of these Terms. The termination of your account will go into effect immediately.

There are no refunds for termination of your account before the end of your billing cycle. If you no longer wish to subscribe to MASS & Athleticware, it is your responsibility to terminate your account in due time, regardless of whether or not you actively use MASS and Athleticware.

To the maximum extent permitted by applicable laws, we may change our prices for our services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices in MASS & Athleticware and/or by sending you an email notification. If you do not wish to pay the new prices, you must terminate your account prior to the changes will go into effect.

To the extent prohibited by law, you agree to defend, indemnify, and hold harmless AW, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “AW Entities”) from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of(a) your use of MASS; (b) your violation of these Terms; or (c) your violation of applicable laws or regulations. We reserve the right to control the defence of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.

To the maximum extent allowed by applicable law, we are not responsible or liable for any injury or damage you may sustain as a result of your use or inability to use the features in MASS & Athleticware.

MASS & Athleticware is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

We do not warrant that MASS & Athleticware is accurate, complete, reliable, current, or free from errors. Access to and use of MASS & Athleticware is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

AW does not control, endorse, or take responsibility for any content available on or linked to MASS or the actions of any third party or user, including moderators. While AW attempts to make your access to and use of MASS safe, we do not represent or warrant that MASS, our servers or similar are free of viruses or other harmful components.

In no event or under no theory of liability, including contract, tort, negligence, strict liability, warranty or otherwise are AW Entities liable for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits arising from or relating to these Terms of MASS, including those arising from or relating to content made available in MASS & Athleticware that is alleged to be defamatory, offensive, or illegal. In no event will the aggregate liability of the AW Entities exceed EUR 50.000 EU. The limitations of this section apply to any theory of liability, including those based on warranty, contract, statute, tort, negligence or otherwise, and even if the AW Entities have been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose. The foregoing limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction.

We may amend these Terms from time to time. If we make changes, we will post the revised Terms of use in MASS & Athleticware. If the changes, made at our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account or otherwise by providing notice through MASS & Athleticware. By continuing to access or use MASS & Athleticware you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using MASS & Athleticware, before the changes become effective.

We may transfer our rights and obligations to another organisation without affecting your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we fail to do so, this does not mean that we have waived our rights and that you do not have to comply with those obligations.

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Except where prohibited and without limitation to any statutory laws on choice of venue and law, you agree that MASS & Athleticware and these Terms, and any dispute between you and AW shall be governed in all respects by the substantive laws of Denmark, without regard to any choice of law provisions. Further more, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to MASS & Athleticware shall be resolved by the Court of Aarhus, Denmark in the first instance.

This section determines AW’s and the trainer’s (collectively “the Parties”) respective responsibilities for compliance with the obligations under the General Data Protection Regulation (EU) 2016/679 (the “GDPR”).  The section applies only to the processing of personal data within the scope of the GDPR.

“Personal data”, “processing”, “controller”, “processor”, “supervisory authority” and “data subject” in this document have the meanings set out in the GDPR.

When an athlete grants a trainer access to an account, the trainer administrates the athlete’s account in MASS, and the Parties determine the means and purposes of the processing of athlete personal data in MASS jointly in accordance with article 26 of the GDPR.

When athletes create an account in MASS & Athleticware, we collect and process the personal data as described in our www.athleticware.eu/privacypolicy

The joint data responsibility includes the processing of personal data regarding athletes as described in the privacy policy. AW is solely responsible for the processing of athletes’ personal data regarding password information, marketing emails etc., personal data relates to cookies and personal data related to trainer accounts.

AW ensures that it has a legal basis for the processing of personal data in MASS & Athleticware, including but not limited to consent from the athletes. The legal basis is set out in our privacy policy.

Unless otherwise specified in this section, AW assumes responsibility for compliance with the applicable obligations under the GDPR for the processing of athlete personal data in MASS & Athleticware, including but not limited to articles 12 and 13, articles 5 to 21 and articles 32 to 34 of the GDPR.

AW makes the essence of this agreement available to the athletes. This is currently done in these Terms and our privacy policy.

The trainer also ensures that the trainer has a legal basis for the processing of the athletes’ personal data collected in MASS & Athleticware. In addition to the information provided to the athletes by AW in our privacy policy, The trainer should identify its own legal basis including the legitimate interest it may pursue and provide any such information to the athletes in accordance with articles 13 and 14 of the GDPR.

AW implements appropriate technical and organizational measures to ensure the security of the processing of personal data in MASS in accordance with article 32 of the GDPR. The implemented technical and organizational measures include the measures listed below/here.

AW assumes responsibility for handling, assessing, and registering any personal data breach in MASS and to notify the competent supervisory agency and the data subjects in accordance with articles 33 and 34 of the GDPR.

If the trainer becomes aware of any (potential) personal data breach in relation to the trainer’s use of MASS, the trainer shall notify AW and forward all relevant information regarding such (potential) personal data breach to AW promptly and within 24 hours.

If athletes exercise their rights under the GDPR directly towards the trainer with regard to the processing of personal data in MASS, or if the trainer is contacted by a supervisory authority with regard to the processing of personal data in MASS, the trainer shall notify AW and forward all relevant information regarding such requests to AW promptly and within 24 hours.

AW assumes responsibility for answering such requests in accordance with our obligations under this section. The trainer shall take all reasonable endeavors in a timely manner to cooperate with us in answering any such request. The trainer is not authorized to act or answer on behalf of AW.

The parties’ liability with regards to their responsibilities as described in this section is governed by the GDPR.

AW solely decides how to comply with its obligations under this section, including but not limited to the use of data processors and sub-processors, responding to data right requests and data breaches.

The trainer acknowledges that only AW has the power to implement decisions regarding the processing of personal data in MASS & Athleticware.

This section does not grant the trainer any rights to request disclosure of athletes’ personal data processed in MASS from AW.

When an athlete’s account is deleted, the personal data collected and processed in connection with the account is anonymized. The trainer acknowledges that this section does not grant the trainer any rights to request disclosure or other access to such anonymized data.

We ensure that all personnel with access to personal data undergo annual security training.

We have processes for verifying the identity of personnel with access to personal data, and we perform background checks where legally permissible on personnel with access to personal data.

We log physical access to facilities where we process personal data.

We have processes for password management for all personnel with access to personal data, and we log all access to systems processing personal data.

We use firewalls to prevent unauthorized access to our network.

We maintain a security incident response plan for monitoring, detecting and handling possible security incidents affecting personal data.

We perform regular security and vulnerability tests to assess whether our and our data processors’ technical and organizational security measures are implemented properly and effectively.

AW uses Microsoft Ltd. as cloud service provider.

The cloud services provider’s security measures include:

AW uses ApplicateIT A/S as data processor. The data processor’s security measures include:

We ensure that all personnel with access to personal data undergo security training.

We have processes for verifying the identity of personnel with access to personal data, and we perform background checks where legally permissible on personnel with access to personal data.

We have processes for password management for all personnel with access to personal data, and we log all access to systems processing personal data.

We use firewall to prevent unauthorized access to our network.

We maintain a security incident response plan for monitoring, detecting and handling possible security incidents affecting personal data.

We perform regular security and vulnerability tests to assess whether our and our data processors’ technical and organizational security measures are implemented properly and effectively.

AW uses Microsoft Ltd. as cloud service provider.

The cloud services provider’s security measures include:

AW may transfer personal data to international organizations or organizations based in third countries (countries outside of the European Economic Area). AW will only initiate or approve such transfer if AW has a legal basis for the transfer, including one of the following: