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Introduction. Welcome to the LazyFit application,
products or services owned or operated by Next Vision Limited (“Company” or “Next Vision” or “we” or “us” or “our”) (collectively, the “Next Vision Service”). To access the Next Vision Service, you must at all times agree to
and abide by these terms of use, including any additional guidelines
referenced herein, and any future modifications (collectively, these
“Terms”). These Terms are a legal contract between you, a user of at least 18
years of age (“you” or “User”), and Next Vision regarding your use of the Next Vision Services.
By subscribing to, or registering for the Next Vision Service, you agree
to be bound by these Terms.
Although Next Vision Service is always striving to improve itself, it is
not perfect. While Next Vision make reasonable efforts to ensure the
information provided is accurate, Next Vision cannot ensure the accuracy,
completeness and reliability of any and all information, data or content
on the Service. It's essential to remember that Next Vision is not a
healthcare provider, and Next vision Service is not a substitute for
obtaining advice from a healthcare professional. You should always consult
a doctor or professional before making any significant diet and fitness
changes.
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Authorized Users. Your access to and use of the Next Vision Service
is subject to all applicable international, national, federal, state
and local laws and regulations. You agree that you will not use Next
Vision Service in any manner or for any purposes that are unlawful or
prohibited by these Terms. The Next Vision Service is not for persons
under the age of 18. If you are under 18 years of age, then please do
not use Next Vision Service.
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Privacy Policy. Your use of the Next Vision Service is
governed by the Next Vision privacy policy available at https://app-service.mejorai.com/static/EuropeanUnion/privacy_policy.html (the “Privacy Policy”), which is hereby incorporated by reference into the Terms, and,
where required by applicable laws, we will separately ask you to consent
to our collection, use and disclosure of any personal information you
provided to us in accordance with the Privacy Policy.
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Changes. Next Vision may revise this Terms from time to
time. When changes are made, Next Vision will provide you the revised
Terms in the form permitted reasonably in advance before our proposed
date of application. The amendment is deemed to have been approved by
you if you have not objected to the amendment before the proposed date
for the amendments to take effect. Next Vision will specifically inform
you when sending the revised Terms about such deemed approval. Next
Vision will then base the further business relationship on the amended
version of the Terms.
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Limited License. Subject to the terms and conditions of these Terms,
Next Vision hereby grants you a limited, revocable, non-transferable, non-exclusive,
non-sublicensable license to use the Next Vision Services (and all
updates or upgrades provided) solely for private, non-commercial
purposes in accordance with these Terms.
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Ownership; Proprietary Rights. The Next Vision Service
is owned and operated by Next Vision. The content, visual interfaces,
information, graphics, design, compilation, computer code, products,
software, algorithms, services, and all other elements of the Next
Vision Service that are provided by Next Vision (“Next Vision Materials”) are protected by copyright, trade dress, patent, and trademark laws,
international conventions, and all other relevant intellectual property
and proprietary rights, and applicable laws. For clarity, Next Vision
Materials do not include any User Content (defined below) or content
from third party sites, whether Next Vision Service provides a link to
them or not. All Next Vision Materials contained on Next Vision Service
are the copyrighted property of Next Vision or affiliated companies
and/or third party licensors. All trademarks, service marks, and trade
names are proprietary to Next Vision or its affiliates and/or third
party licensors. Except as expressly authorized by Next Vision, or
allowed by statutory law, you agree not to sell, license, distribute,
copy, modify, publicly perform or display, transmit, publish, edit,
adapt, decompile, disassemble, reverse engineer, create derivative works
from, or otherwise make unauthorized use of Next Vision Materials.
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Restrictions. As a condition of your use of the Next
Vision Service, you will not use Next Vision Service for any purpose
that is unlawful or prohibited by these Terms. Access to Next Vision
Materials and the Next Vision Service from territories where their
contents are illegal is strictly prohibited. Users are responsible for
complying with all local rules, laws, regulations and policies,
including, without limitation, rules about intellectual property rights,
the internet, technology, data, email, and/or privacy.
Any use by User of any of Next Vision Materials other than for private use
is prohibited.
You will not use the Next Vision Service in any manner that could damage,
disable, overburden, or impair it or interfere with any other person's use
of the Next Vision Service. You will not take any action that imposes an
unreasonable or disproportionately large load on Next Vision's
infrastructure. You will not intentionally interfere with or damage the
operation of the Next Vision Service or any user's enjoyment of it, by any
means, including uploading or otherwise disseminating viruses, worms, or
other malicious code. You will not remove, circumvent, disable, damage or
otherwise interfere with any security-related features of the Next Vision
Service, features that prevent or restrict the use or copying of any
content accessible through the Next Vision Service, or features that
enforce limitations on the use of the Next Vision Service. You will not
attempt to gain unauthorized access to the Next Vision Service, or any
part of it, other accounts, computer systems or networks connected to the
Next Vision Service, or any part of it, through hacking, password mining
or any other means or interfere or attempt to interfere with the proper
working of the Next Vision Service or any activities conducted on the Next
Vision Service. You will not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
Next Vision Service. You agree neither to modify the Next Vision Service
in any manner or form, nor to use modified versions of the Next Vision
Service, including (without limitation) for the purpose of obtaining
unauthorized access to the Next Vision Service.
Next Vision Service may contain robot exclusion headers. You agree that
you will not use any robot, spider, scraper, or other automated means to
access the Next Vision Service for any purpose without our express written
permission or bypass our robot exclusion headers or other measures we may
use to prevent or restrict access to the Next Vision Service. You will not
utilize framing techniques to enclose any trademark, logo, or other Next
Vision Materials without our express written consent. You will not use any
meta tags or any other “hidden text” utilizing Next Vision's name or
trademarks without our express written consent.
You will not deep-link to the Next Vision Service and will promptly remove
any links that Next Vision finds objectionable in its sole discretion. You
will not use any Next Vision logos, graphics, or trademarks as part of the
link without our express written consent.
You will not send junk mail to other users of the Next Vision Service,
including, but not limited to unsolicited advertising, promotional
materials or other solicitation material, bulk mailing of commercial
advertising, chain mail, informational announcements, charity requests,
and petitions for signatures.
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Your Content.
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Prohibited Content. You shall not use the Next Vision
Service to create, upload, download, copy, publish or propagate any images,
sounds, videos, data, text, information or any other materials or
content (collectively, “Content”) that: (a) breaches any rule, law, regulation or policy; (b)
harms national interests, endangers national security or divulges
national secrets; (c) incites ethnic or racial discrimination or
hatred; (d) undermines the social stability; (e) contains obscenity,
sexual connotation, pornography, gambling, violence, murder, or
terror; (f) insults or defames others or infringes others' lawful
rights and interests; or (g) contains abusive or threatening
information.
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License to Your Content. You hereby grant
Next Vision a worldwide, non-exclusive, irrevocable, royalty-free,
fully-paid, perpetual, sublicensable (through multiple tiers), fully
transferable license to use, distribute, reproduce, create
derivative works from, publish, translate, publicly perform and
publicly display any Content that you upload or publish to the Next
Vision Services (collectively, “Your Content”), in any format or medium now known or later developed for
marketing purposes in connection with the Next Vision Service; in
particular in-App marketing. Next Vision can use Your Content in the
App and in Next Vision's other products or services, and can
transfer the license or authorization of using such information and
content to its related companies and cooperation partners with no
need to obtain your consent again. Next Vision reserves the right to
display advertisements and sponsorships in connection with Your
Content.
Next Vision has the right to remove, at its sole discretion and without
notice to you, Your Content if it infringes others' rights and interests.
Next Vision has the right to suspend or terminate access to the Next
Vision Service to any user who uses the Next Vision Service in breach of
copyright law or other intellectual property law.
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Intellectual Property Infringement. You confirm that at all
times: (i) Your Content does not infringe any third party's
intellectual property, right of reputation, right of name, right of
privacy, moral rights and other lawful rights and interests; (ii)
you own or have the necessary licenses, rights, consents and
permissions for your use of Your Content in connection with the Next
Vision Services and Next Vision's use of Your Content pursuant to
Section 8(b).
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Identity Authentication. Next Vision uses many
techniques to identify you when you register for and/or access, browse,
use or subscribe to the Next Vision Service. This verification is only
an indication of increased likelihood that your identity is correct. You
authorize Next Vision, directly or through third parties, to make any
inquiries Next Vision considers necessary to validate your registration.
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User Account Information. You agree that the
information you provide to Next Vision upon registration and, at all
other times, will be true, accurate, current, and complete. You also
agree that you will ensure that this information is kept accurate and
up-to-date at all times. When you register, you will be asked to provide
a password. As you will be responsible for all activities that occur
under your password, you should keep your password confidential. You are
solely responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your
account or password. If you have reason to believe that your account is
no longer secure (for example, in the event of a loss, theft or
unauthorized disclosure or use of your account ID, password), you will
immediately notify Next Vision. You will be liable for the losses
incurred by Next Vision or others due to any unauthorized use of your
account.
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Communications; Notice. Under these Terms, you consent
to receive communications from Next Vision electronically. We will
communicate with you by email or by posting notices on the Next Vision
Service. Except as explicitly stated otherwise, any notices which we may
send under these Terms will be sent to the email address you provide to
Next Vision during the registration process. Except in case a
declaration is of special importance (e.g. notice of termination),
notices sent by email shall be deemed given 24 hours after email is
sent, unless the sending party is notified that the email address is
invalid. Alternatively, we may give you legal notice by mail to the
address provided during the registration process. In such case, notice
shall be deemed given three days after the date of mailing.
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Feedback. You may, but are not required to, provide
suggestions, comments, ideas, or know-how, in any form, to Next Vision
related to the Next Vision Services (“Feedback”). Any Feedback shall not be considered your confidential information
and may be used by Next Vision for marketing purposes in connection with
the Next Vision Service; in particular in-App marketing. There shall be
no obligation to provide compensation for use of Feedback.
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Third Party Sites. The Next Vision Service may include
links to other websites or services solely as a convenience to users
(“Linked Sites”). Next Vision does not endorse any Linked Sites or the information,
material, products or services contained on Linked Sites or accessible
through Linked Sites. Furthermore, Next Vision makes no express or
implied warranties, guarantees or endorsements with regard to the
information, material, products, or services that are contained on or
accessible through Linked Sites. Access and use of linked sites,
including the information, material, products, and services on linked
sites or available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Next Vision Service are
solely between you and such advertiser. You agree that Next Vision will
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of
such advertisers on the Next Vision Service.
Next Vision may make changes to or discontinue any of the content or
services available on the Next Vision Service at any time, and without
notice. The content or services on the Next Vision Service may be out of
date, and Next Vision makes no commitment to update these materials.
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User Content. You acknowledge and agree that: (a)
Content is provided to you AS IS and that Next Vision is not responsible
for examining or evaluating Content created, uploaded, publish or
propagate or otherwise made available by end users through the Next
Vision Services (“User Content”); (b) Next Vision does not guarantee accuracy of any such User
Content or that such User Content will continue to be available; (c) by
using the Next Vision Services, you may encounter User Content that you
deem offensive, indecent, or objectionable and that such User Content
may not be labelled as such; and (d) Next Vision has no liability to you
for any such User Content.
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Termination. You may terminate Your Account at any
time, for any reason or for no reason.
For important reasons, such as if we stop providing the Next Vision
Service to our customers generally, Next Vision may suspend or terminate
your account or your use of Next Vision Service at any time. Next Vision
may also block your access, if (a) you breach these Terms or any
applicable laws; (b) Next Vision is unable to verify or authenticate any
information you provide to us; or (c) Next Vision reasonably believes that
your actions may cause financial loss or legal liability for you, our
Users or Next Vision. We also reserve the right to take further legal
action against you based on you breach of these Terms or any other
obligations you have towards Next Vision under applicable laws.
If Next Vision terminates your right to use, then: (i) all rights granted
to you under these Terms shall cease; ii) you must immediately cease all
activities authorised by these Terms, including you use of the Next Vision
Service; (iii) you must immediately delete or remove the Next Vision
Service from all devices, and immediately destroy all copies of the Next
Vision Service then in your possession, custody or control.
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LIMITATION OF LIABILITY.
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Nothing in these Terms excludes or limits Next Vision's liability
(i) for damages caused by wilful misconduct or with gross negligence
by Next Vision, Next Vision's legal representatives or assistants in
performance as well as (ii) for fraud or fraudulent
misrepresentation by Next Vision, Next Vision's legal
representatives or assistants in performance (iii) for damages
caused by the absence of guaranteed characteristics, or (iv) for
claims under the German Product Liability Act.
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Subject to section a. above, Next Vision has no obligation to you
and is not liable for restoring User Content if it is damaged or
lost. You are obliged to back-up data on a regular basis according
to the state of the art.
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We only supply Next Vision Service for domestic and private use. You
agree not to use Next Vision Service, or any content on Next Vision
Service, for any commercial or business purposes.
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The Next Vision Service is only for your general information and is
for recreational use. In particular, the Next Vision Service does
not constitute any form of advice, recommendation or arrangement by
Next Vision and is not intended to be relied upon by you in making
(or re-fraining from making) any specific decisions.
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The Next Vision Service may contain inaccuracies or typographical
errors. We make no representations about the reliability,
availability, timeliness or accuracy of the content included on the
Next Vision Service.
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Governing law and jurisdiction.
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The use of the Next Vision Services as well as these Terms are
governed by and construed in accordance with the laws of the Federal
Republic of Germany without regard to the United Nations Convention
on Contracts for the International Sale of Goods and private
international laws (e.g. conflict of laws principles).
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This does not deprive consumers of the protection afforded to them
by provisions that cannot be derogated from by agreement by virtue
of the law which, in the absence of a choice of law, would have been
applicable; e.g. consumer laws of the consumer's state of habitual
residence.
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Miscellaneous.
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Waiver. A provision of these Terms may be
waived only by a written instrument executed by the party entitled
to the benefit of such provision. The failure of any party at any
time to require performance of any provision of these Terms shall in
no manner affect such party's right at a later time to enforce the
same. A waiver of any breach of any provision of these Terms shall
not be construed as a continuing waiver of other breaches of the
same or other provisions of these Terms.
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Severability. Each of the clauses of this
Terms of Use operates separately. If any provision of these Terms is
decided by any court or relevant regulatory authority to be
unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions (which shall
remain in full force and effect).
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Assignment. The Terms, and any rights and
licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by Next Vision without restriction.
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Survival. Sections 6, 8(b), 10, 11, 13, 16,
17 and 18 will survive any termination of these Terms.
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Headings. The heading references herein are
for convenience purposes only, do not constitute a part of these
Terms, and shall not be deemed to limit or affect any of the
provisions hereof.
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Entire Agreement. These Terms are the entire
agreement between you and Next Vision relating to the subject matter
herein and shall not be modified except in writing, signed by both
parties, or by a change to these Terms made by Next Vision as set
forth in Section 4.
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End-User Terms Required by Apple. If you have downloaded the
Next Vision Services mobile application (the “App”) from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you
acknowledge that you have read, understood, and agree to the
following notice regarding Apple. These Terms are between you and
Next Vision only, not with Apple, and Apple is not responsible for
the Next Vision Service and the content thereof. Apple has no
obligation whatsoever to furnish any maintenance and support
services with respect to the App. In the event of any failure of the
App to conform to any applicable warranty, then you may notify Apple
and Apple will refund any applicable purchase price for the App to
you; and that, to the maximum extent permitted by applicable law,
Apple has no other warranty obligation whatsoever with respect to
the App. Apple is not responsible for addressing any claims by you
or any third party relating to the App or your possession and/or use
of the App, including: (a) product liability claims; (b) any claim
that the App fails to conform to any applicable legal or regulatory
requirement; and (c) claims arising under consumer protection or
similar legislation. Apple is not responsible for the investigation,
defense, settlement and discharge of any third party claim that the
App and/or your possession and use of the App infringe that third
party's intellectual property rights. You agree to comply with any
applicable third party terms, when using the App. Apple, and Apple's
subsidiaries, are third party beneficiaries of these Terms, and upon
your acceptance of these Terms, Apple will have the right (and will
be deemed to have accepted the right) to enforce these Terms against
you as a third party beneficiary of these Terms.
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Queries. You may contact us at the address below with any
questions, complaints or claims regarding the Next Vision Services.
In addition, please also see the contact details included in the
imprint, available here:
Address: RM D 10/F Tower A Billion CTR 1 Wang Kwong RD Kowloon Bay KL Hong
Kong
Email: support@lazyfit.ai
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Copyright. If you believe that anything on the Next Vision
Services infringes a copyright that you own or control, you may file
a notice with our designated agent:
Next Vision Limited
Email: copyright@thevisionext.com
If you file a notice with our designated agent it should contain the
following information: (i) contain the physical or electronic signature of
a person authorized to act on behalf of the copyright owner; (ii) identify
the copyrighted work claimed to have been infringed; (iii) identify the
material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed, or access to which is to be
disabled, and information reasonably sufficient to let us locate the
material; (iv) provide your contact information, including your address,
telephone number, and an email address; (v) provide a personal statement
that you have a good-faith belief that the use of the material in the
manner complained of is not authorized by the copyright owner, its agent,
or the law; (vi) provide a statement that the information in the
notification is accurate and, under penalty of perjury, that you are
authorized to act on behalf of the copyright owner.
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Online dispute resolution platform and consumer dispute
resolution. The European Commission provides an online dispute resolution
platform which can be found at http://ec.europa.eu/consumers/odr/.
Next Vision does not participate in dispute resolution procedures
before a consumer dispute resolution body.