Mentions légales

Terms and Conditions

Terms and Conditions

General Terms and Conditions

These Terms and Conditions, including Hardware and Subscription Terms and Pre-Order Activation & Subscription Start Terms (“Agreement”) govern the use of the products and services provided by Aiving SA (“Company”), including but not limited to the electronic devices, textile straps, and web application. By accessing or using any of these products or services, you agree to be bound by this Agreement.

Products and Services

Electronic Device: The electronic device includes two sensors, a charging case, and two textile straps. This device is designed to collect athlete performance data and transmit it to the web application for analysis.

Web Application: The web application provided by the Company allows users to view athlete performance data in a clear and intuitive manner. Access to the web application requires a subscription fee, which may be billed on a monthly or yearly basis.

Warranty and Returns

The electronic device is covered by a standard warranty in accordance with applicable laws. For warranty details, claims and returns, please refer to the Company’s warranty and returns policy, which can be found on our website (https://aiving.ch/warranty-returns).

Subscription

Access to the web application requires payment of a subscription fee. Subscription fees are billed yearly, as selected by the user during the registration process. Failure to pay the subscription fee will result in suspension or termination of the ability to initiate new sessions; access to historical data may remain available in read-only form.

Aiving retains the right to store and process anonymized usage and performance data during and after the subscription period for product improvement, research, and statistical purposes, in accordance with GDPR and the Privacy Policy.

The annual subscription period shall begin on the date when the user’s account successfully detects a jump for the first time (“First Successful Use”), not on the date of purchase, account creation, or application login.

Data Privacy

The Company is committed to protecting user data in accordance with the General Data Protection Regulation (GDPR). By using our products and services, you consent to the collection, processing, and storage of your personal data as described in our Privacy Policy (https://aiving.ch/privacy-policy).

Prohibited Activities

Users are prohibited from reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the electronic device or web application. Any unauthorized attempt to access or tamper with our products or services may result in legal action.

Intellectual Property

All intellectual property rights related to the electronic device, web application, and associated software are owned by the Company. Users are granted a limited, non-exclusive license to use our products and services for their intended purposes only.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Switzerland. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in Lausanne.

Amendments

The Company reserves the right to amend or modify this Agreement at any time. Any changes will be effective immediately upon posting on our website. Continued use of our products and services after such changes constitutes acceptance of the revised Agreement.

Hardware & Subscription Terms

1. Provision of Hardware

The Company may provide certain hardware devices (“Device”) to the Customer as part of the subscription service. The Device is provided solely to enable access to the Company’s software, data, and related services (the “Service”).

2. Nature of the Device

The Customer acknowledges and agrees that:

(a) the primary value of the offering is the Service;

(b) the Device is ancillary to, and has limited standalone functionality without, the Service; and

(c) the Device is not sold as a standalone product unless expressly agreed otherwise in writing.

3. Subscription Dependency

Access to the core functionality of the Device is dependent on an active and valid subscription. Upon suspension, non-payment, or termination of the subscription for any reason:

(a) access to the Service will cease; and

(b) the Device may no longer provide meaningful or full functionality.

4. Use of the Device

The Customer agrees to use the Device only in connection with the Service and in accordance with the Company’s instructions and applicable terms. The Customer shall not misuse, modify, or attempt to reverse engineer the Device or its interaction with the Service.

5. Risk and Responsibility

The Customer assumes responsibility for the Device upon delivery, including responsibility for loss, theft, or damage. The Company reserves the right to charge a reasonable replacement or repair fee in such cases.

6. No Standalone Value Representation

The Customer acknowledges that the Device is provided as part of a bundled subscription offering and that its standalone value is limited relative to the Service.

7. Customs and Declared Value

For shipping and customs purposes, the Device may be declared at a value reflecting its standalone hardware cost. The Customer agrees that such value does not represent the total value of the subscription offering.