Terms and Conditions – XPr Ensue

These Terms and Conditions (”Agreement”) govern your use of the XPr Ensue mobile application (”App”) provided by Codavjas AB (”Codavjas”) for Xperience Health Sverige AB (”Xperience Health”). By accessing and using the App, you agree to comply with these Terms and Conditions. Please read this Agreement carefully.

Acceptance of Terms
By downloading, installing, or using the XPr Ensue App, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, you may not access or use the App.

App Description and Functionality
XPr Ensue is a mobile application designed to log physical activity metrics such as steps per minute and active minutes per day. The App utilizes the accelerometer on your mobile device to collect this data and does not use GPS data for logging physical activity.

User Responsibility and Behavior
You are solely responsible for your use of the App and any content or information you share through the App. Xperience Health Sverige AB does not take responsibility for the behavior of private users within the App. By using the App, you agree to:

a. Comply with all applicable laws, regulations, and these Terms and Conditions.
b. Provide accurate and complete information during registration and keep your account credentials secure.
c. Use the App for personal, non-commercial purposes only and not for any illegal or unauthorized purpose.
d. Refrain from engaging in any activity that may disrupt or interfere with the App’s functioning or security.
e. Respect the rights and privacy of other users and not engage in any harmful, abusive, or harassing behavior.

In-App Communication
The App provides a chat feature allowing users to communicate with each other and invite others to group chats. You understand and acknowledge that any content shared through the chat feature is your sole responsibility. Xperience Health Sverige AB does not monitor or control user-generated content but reserves the right to remove or block any content that violates these Terms and Conditions or is deemed inappropriate.

Coaching Services
Xperience Health Sverige AB offers users the option to purchase coaching services from an AI or chatbot as a subscription. The coaching services provided are strictly related to physical activity and should not be mistaken for any other form of coaching. By subscribing to the coaching services, you agree to the following:

a. Payment: You will pay the applicable fees for the coaching subscription as outlined in the App.
b. Subscription Terms: The coaching subscription can be canceled at any time through the App’s designated cancellation process. No refunds will be provided for any unused portion of the subscription.
c. Accuracy of Information: You understand that the coaching provided by the AI or chatbot is based on the information you provide. It is your responsibility to provide accurate and up-to-date information to receive appropriate coaching guidance.
d. Limitations: The coaching services are designed to provide general guidance and should not replace professional advice from healthcare or fitness experts. Xperience Health Sverige AB does not assume any liability for the accuracy or effectiveness of the coaching services.

Intellectual Property
All intellectual property rights in the XPr Ensue App, including but not limited to trademarks, logos, designs, and software, are owned by Codavjas AB and/or its licensors. You may not reproduce, modify, distribute, or create derivative works based on the App without prior written consent from Codavjas AB.

Privacy
The collection and use of personal information by the App are governed by the XPr Ensue Privacy Policy. By using the App, you consent to the collection, storage, and processing of your personal information in accordance with the Privacy Policy.

Disclaimer of Warranties
The XPr Ensue App is provided on an ”as is” and ”as available” basis without any warranties or representations, either expressed or implied. Xperience Health Sverige AB and Codavjas AB disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability
To the maximum extent permitted by applicable law, Xperience Health Sverige AB and Codavjas AB shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use or inability to use the XPr Ensue App, even if they have been advised of the possibility of such damages.

Modifications to the Agreement
Xperience Health Sverige AB and Codavjas AB reserve the right to modify or update this Agreement at any time. Any changes will be effective upon posting the revised Agreement within the App. Your continued use of the App after the changes have been made constitutes your acceptance of the modified Agreement.

Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Sweden. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Sweden.

Entire Agreement
This Agreement constitutes the entire agreement between you and Xperience Health Sverige AB regarding the XPr Ensue App and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

If you have any questions or concerns about these Terms and Conditions, please contact Xperience Health Sverige AB or Codavjas AB for further assistance.

Effective date: [2023-07-27]

To access the full End User License Agreement (EULA), click on the following link: Terms of Use (EULA)