Terms of Service
Last update: May 29, 2024
These terms of service govern the terms and conditions on which KULG provides information society services through the website https://kulg.io/ and its subdomains.
Please read these Terms carefully before proceeding. By accessing the Services, you agree that you have read, understood, and accept all the terms and conditions contained in these Terms. These Terms will become legally binding to You if You use the Services.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.
1. Definitions
1.1. the Coach – a person providing coaching services to a User.
1.2. KULG – Kulgio OÜ, registry code 16874304 (Estonia), address Harju maakond, Tallinn, Põhja-Tallinna linnaosa, Valgevase tn 11a/2-10, 10414.
1.3. the Services – the information society services provided by KULG via the website https://kulg.io/.
1.4. the Terms – the current KULG terms of service as well as the privacy policy.
1.5. the User – a person using the Services for training analytics.
1.6. You – the User and the Coach separately or together.
2. Use of the Service
2.1. Subject to the terms and conditions herein, KULG hereby grants You a non-exclusive, non-transferable right to access and use the subscription Services, contingent upon You maintaining an active subscription. This right of access is granted only during the term for which the subscription is active, and it ceases upon the expiration or termination of the subscription.
2.2. You agree to adhere to any instructions provided by KULG regarding the proper usage of the Services. You need a web browser on Your computer or mobile device to access the Services. It is Your responsibility to ensure that your hardware and software enable access to the Services and are up-to-date.
3. Training Summaries
3.1. Usage of the Services entails access to a subscription-based training analytics platform for runners. Using the Services allows You to enter training data via the web interface, upload files, or import data via third-party integrations. The platform thereafter uses automated decision-making processes to analyse the training data You entered, uploaded, and/or imported to visualise and aggregate the data, to provide feedback, recommendations, and guidelines for increasing training efficiency (the Summaries).
3.2. The Summaries are generated based on the training data You provided. KULG may also use third-party data to improve the accuracy of the Summaries, whereas KULG is not the creator of the underlying information. The Summaries may be generated with artificial intelligence (AI) models. By using the Services, You agree that:
3.2.1. KULG uses automated decision-making tools, such as generative AI, to produce Summaries based on existing content and data, which may or may not be accurate, complete, and up-to-date;
3.2.2. Summaries are a product of automated processes and may contain inaccuracies, omissions, or misleading information;
3.2.3. You always have to exercise discretion and verify critical information before relying on AI-generated Summaries;
3.2.4. KULG is providing the Summaries “as-is” with no guarantees of accuracy, reliability, or truthfulness. Always consult a professional before making decisions on your training plan based on the Summaries.
3.3. Relying on or making decisions based on the Summaries is at Your sole risk and discretion. KULG does not provide professional health advice and is not responsible for any loss or damage incurred from actions taken based on the Summaries.
3.4. The User has the right to give Coaches access to their training data on the Services. The User may freely select and deselect the Coaches with whom training data is shared. Sharing training data is based on consent. Refer to the privacy policy to see further information.
3.5. KULG is not a party to any legal relationship between the User and any Coach. KULG is not responsible for the fulfilment or non-fulfilment of any obligation between the User and any Coach.
3.6. Upon importing health data from third-party integrations, separate terms may apply. Refer to the privacy policy and terms of third-party integrations for more information.
4. Ancillary Services
4.1. KULG may also provide ancillary one-off paid consultancy or analytic services via its website, which may be subject to separate fees (the Ancillary Services). You can request the Ancillary Services via the website by providing relevant information. The description, pricing, and any deliverables or objectives of the Ancillary Services are provided on the website of KULG.
4.2. Use of the Ancillary Services is contingent upon You paying all service fees. Payment is a one-off fee, made in advance. After receiving the full payment, KULG will provide you with the specific scope of services.
4.3. In providing the Ancillary Services, KULG agrees to:
4.3.1. apply the generally acknowledged skills;
4.3.2. use the knowledge and abilities at their disposal;
4.3.3. not violate any valid laws, standards and/or other norms, which directly or indirectly apply to KULG and/or provision of the Ancillary Services;
4.3.4. follow Your instructions and keep You informed of all facts and circumstances that might be material to You;
4.3.5. adhere to the agreed-upon timeframes when providing You with any deliverables and fulfilling other service obligations;
4.4. While receiving the Ancillary Services, You agree:
4.4.1. to provide timely and precise instructions to KULG and provide all necessary information required for the adequate and informed provision of the Ancillary Services. You shall not withhold from KULG such information that may be reasonably assumed to influence the manner or extent to which the Ancillary Services are provided;
4.4.2. to remunerate KULG with applicable fees for the provision of the Ancillary Services;
4.4.3. that although KULG shall perform its obligations with reasonable effort, it does not guarantee any direct or inferred positive economic or health results for You or any third person.
4.5. KULG has the right to suspend the provision of the Ancillary Services in the event that You refuse or fail to deliver instructions necessary for KULG to continue to perform its obligations. In this event, the risk of losses shall be borne solely by You. KULG shall resume performing the Ancillary Services only after receiving instructions necessary for continuation.
4.6. KULG may facilitate a platform that serves as a marketplace for the brokerage of services rendered by independent third parties. With respect to these Services, KULG does not become a contractual party to any agreements entered into between You and the third-party service provider. Consequently, KULG shall bear no liability for any results attained or not attained by the service provider, nor for any breach of contract on Your part.
4.7. The third-party service provider is solely responsible for its own compliance with data protection laws as an independent data controller. Any obligations regarding the processing and safeguarding of personal data shall be stipulated directly between You and the service provider in a separate agreement.
5. Account
5.1. To use the Services, You have to register an account by providing identification information of Your Google account and accepting these Terms (the Account). On registration, You can specify whether You are a User or a Coach. Users and Coaches may have access to different functionalities depending on their specific rights.
5.2. You are solely responsible for the activity that occurs under your Account. You agree to keep Your Account and devices secure and to notify KULG immediately of any breach of security or unauthorized use of Your Account.
5.3. When creating Your Account, You promise to provide accurate information related to Your Account. You promise to keep this information updated so that it is accurate at all times.
6. Payment
6.1. The Services are available through a free or paid subscription, whereas the base Services may be provided free of charge and additional features may be offered with a free or paid subscription model. A detailed breakdown of the functionalities of free and paid features of the Services is available on the website of KULG.
6.2. You can select and manage additional features, both free and paid, via the web interface of the Services. Any changes in subscription will apply after KULG has confirmed the change.
6.3. If You have selected paid features, payment for these is due monthly in advance. The subscription is activated upon payment and remains active so long as the subscription is valid and all advance fees have been paid for. Payments are non-refundable except as explicitly provided in these Terms.
6.4. You authorize KULG to charge Your debit or credit card for service fees. KULG works with third-party payment providers to offer You the most convenient payment methods and to keep Your payment information secure. See the Privacy Policy for more details on how KULG works to secure Your personal data. When You make a purchase, You agree not to use an invalid or unauthorized payment method.
6.5. You agree to pay KULG a late payment fee for undue delay of payment. The late payment fee shall be calculated per each day that You are in delay, and the daily amount shall constitute 0.06 % of the principal debt.
7. Intellectual Property
7.1. You acknowledge that all intellectual property rights, as defined under applicable laws, in and to the Services, including but not limited to its future modifications, improvements, updates, and upgrades, are the property of KULG or KULG uses such rights under a licence.
7.2. If the data provided by You for generating the Summaries constitutes a database, the database rights remain with KULG and You waive all title and interest to database rights related to the Summaries. KULG does not verify third-party (incl. Your) data and is not responsible for any inaccuracies, omissions, or misleading information contained in third-party data.
7.3. KULG hereby grants You a limited, non-exclusive, non-transferable license, subject to these Terms, to access and use the Services and the Summaries solely for viewing, accessing, and sharing the Summaries via the Services and other approved purposes as permitted by KULG from time to time. So long as the Services and the Summaries or parts thereof are protected by intellectual property rights, all rights, titles, and interests in the Summaries are exclusively the property of KULG and/or third-party content providers. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Services in whole or in part, except to the extent possible under applicable laws.
7.4. Any content that is provided via third-party links is subject to separate terms and conditions, which KULG is not responsible for. Using third-party content may be subject to copyright or any other restrictions, which KULG is not responsible for. If You would like to use (copy or make available online) third-party content provided via the links, You have to contact the third party directly.
8. Disclaimer of Warranties
8.1. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND, OTHER THAN EXPRESSLY SET OUT IN THE TERMS, WITHOUT WARRANTIES OF ANY KIND. KULG DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE AND UNINTERRUPTED, NOR DOES KULG GIVE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
8.2. KULG DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES AND/OR SUMMARIES. WHILE KULG STRIVES TO PROVIDE USEFUL AND ACCURATE INFORMATION, YOU ARE ADVISED THAT THE CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DATA, TEXT, GRAPHICS, AND LINKS, MAY CONTAIN INACCURACIES OR ERRORS, INCLUDING CONTENT THAT HAS BEEN AI-GENERATED.
8.3. KULG IS AN INFORMATION SOCIETY SERVICE. KULG IS NOT A PROFESSIONAL HEALTH ADVISOR. THE SERVICES ONLY PROVIDE FEEDBACK ON AGGREGATED DATA. KULG IS NOT A PARTY TO ANY AGREEMENT BETWEEN YOU AND A COACH OR ANY OTHER HEALTH SERVICE PROVIDER. KULG DOES NOT PROVIDE PROFESSIONAL HEALTH ADVICE AND IS NOT RESPONSIBLE FOR ANY PECUNIARY AND NON-PECUNIARY DAMAGES INCURRED FROM ACTIONS TAKEN BASED ON THE CONTENT YOU RECEIVE VIA THE SERVICES.
9. Limitation of Liability
9.1. UNLESS EXPLICITLY STATED OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KULG, ITS EMPLOYEES, PARTNERS, AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
9.2. GIVEN THE NATURE OF AI-GENERATED CONTENT, SUCH CONTENT IS PRODUCED BY AUTOMATED PROCESSES AND MAY NOT ALWAYS REFLECT THE MOST CURRENT OR ACCURATE INFORMATION. YOU SHOULD INDEPENDENTLY VERIFY ANY INFORMATION BEFORE RELYING UPON IT. KULG EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR INACCURACIES IN THE CONTENT PROVIDED AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KULG OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9.3. Without limiting Sections 9.1-9.2, KULG’s liability shall be strictly limited to damages arising directly from its own gross negligence or wilful misconduct. KULG shall not be liable for any acts, errors, or omissions that do not constitute gross negligence or wilful misconduct as defined under applicable laws.
9.4. You understand and agree that KULG will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from actions or omissions not directly attributable to KULG:
9.4.1. accuracy of content provided to You via the Services;
9.4.2. Your use or inability to use the Services;
9.4.3. any modification, price change, suspension, or discontinuance of the Services;
9.4.5. the software or systems that make Services available;
9.4.6. unauthorised access to, alterations, or transmissions of Your data.
9.5. KULG will have no liability for any failure or delay due to matters beyond KULG's reasonable control. However, KULG’s maximum aggregate liability under any circumstance shall not exceed 200 EUR.
10. Indemnification
10.1. You agree to indemnify and hold harmless KULG, its officers, directors, employees, and agents from any claims or demands made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
11. Term and Termination
11.1. These Terms become legally binding to You once You have signed up and KULG has given You access to the Services. These Terms have been entered into for an unspecified time.
11.2. KULG retains the right to suspend, restrict, or terminate Your access to any or all of the Services and/or deactivate or cancel Your account and these Terms for any reason, by giving notice 30 days in advance. In this event, KULG shall reimburse You for fees paid for the running month, if any.
11.3. If you breach these Terms, KULG has the right to unilaterally terminate the Terms with immediate effect without any refunds.
11.4. You may elect to suspend your Account or terminate these Terms by providing KULG with notice at least 30 days prior to the desired suspension or termination date. You shall not be required to make any payments for fees that would otherwise accrue for the months following termination.
11.5. If You have purchased any digital content, You agree that the right of withdrawal does not apply to the purchase thereof, since it is not delivered on a tangible medium and the delivery has commenced with your prior express consent and acknowledgment. By agreeing to commence delivery prior to the end of the withdrawal period, you acknowledge and accept that you thereby forfeit your right to withdraw from the Terms. You also confirm that you have been informed and understand that the right of withdrawal is lost upon the commencement of delivery, in accordance with § 47 (3) (13) of the Estonian Law of Obligations Act.
12. Privacy
12.1. Certain personal and other information that KULG collects, processes, and shares is subject to its Privacy Policy. As a condition of using the Services, You agree to the terms of the Privacy Policy, as it may be changed from time to time.
13. Miscellaneous
13.1. KULG reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Continued use of the Service after any such changes shall constitute Your consent to such changes.
13.2. KULG retains the right to amend these Terms from time to time. In case of a material change in the Terms, KULG shall notify You 30 days prior to the material change taking effect.
13.3. These Terms and any access to or use of the Services are governed by the laws of the Republic of Estonia, except for the conflict of laws rule.
13.4. If You and KULG fail to resolve a dispute by reaching an agreement, You have the right to turn to the Consumer Disputes Committee. The procedural rules can be examined and an application can be filed here. The Consumer Disputes Committee is authorised to resolve disputes arising from these Terms. Your complaints are reviewed by the Committee free of charge. You may also turn to the Online Dispute Resolution platform of the EU.
13.5. Should the digital services provided under these Terms fail to conform to the Terms, You are entitled to utilize legal remedies as established by law.
13.6. If you have any questions about these Terms, please contact us at move@kulg.io.