1. Acceptance of T&C and allimb's offering
Please note that Allimb is not a medical business or an insurance company and does not provide medical services, care or treatments; it does not provide telemedicine, consulting services and does not have its own medical practice. Even if a Professional Healthcare (HCP) provider suggests the usage of allimb, the HCP remains completely independent and allimb has no control over their services or offerings. Allimb is only used by providers to offer an additional non-medical tool to incentivize more regular exercising to users. The relationship between an HCP and the user is therefore direct. The allimb user will never have a physician-patient relationship with allimb.
"Users" refers to, here and in the entire document, to both visitors and individuals who interact with allimb in any way.
2. The purpose of allimb & who can use it
This Agreement governs Licensee’s use of the allimb mobile applications that Licensee downloads from a mobile application store (e.g. Apple App Store® or Google Play Store®). The Apps are always licensed, not sold.
Allimb is designed to support your wellbeing. You can use allimb with or without supervision from medical professionals and perform the exercises on your own. Nevertheless, you need to have undergone prior medical examination to exclude any causes that could require treatment and to make sure that there are no contraindications to using allimb.
If you have any medical condition, you should consult an HCP before using allimb or starting, interrupting, or changing any treatment. Do not use allimb if you feel weak, unstable, or not completely sure to be in good shape for exercising. Whenever there could be any risk to your health, please consult a professional health provider.
Unless an HCP examined you and explicitly told you that it is risk-free to practice sport, physiotherapy and exercises even alone at home, do not use allimb. Do not use allimb if you had an injury, a fracture, problems with joints, weak bones, an infection, hernia, a surgery or any kind of potentially life threatening disease. Do not use allimb if you have cardiovascular complaints, a cough or any sort of heart disease, or if you feel pain or weakness.
3. Risks & Benefits
Allimb provides information related to conditions that could affect your health or wellbeing. This service aims to add information about a special or general condition. It is not medical advice and the information conveyed is not sufficient to make any conclusion about health or even wellbeing. For appropriate medical care, you have to seek advice from an HCP. Allimb encourages you to speak to a professional healthcare provider and gather additional information from other sources as well, since an informed person is generally in a better position to manage and organize their own well-being and sometimes even their happiness.
5. Access & Localization
Access of allimb services is limited to Switzerland and the EU. It is not available outside of these countries. Access to allimb is not allowed anywhere else. When registering to allimb, you agree not to use any wrong, inaccurate, or misleading user information and not to violate any regulation or law. You also accept that allimb is only used by yourself and neither the access nor the access credentials are shared.
The service is exclusively for adults and by accessing allimb you warrant that you are 18 years of age.
Allimb reserves the right to terminate the usage of any offered services at any time and without cause or notice.
Allimb does its best to offer the service but cannot guarantee it. In case of inaccessibility of allimb, for whatsoever reason, we do not take any responsibility for this lack of services.
The end-user has the right to withdraw and cancel any online agreement between the end-user and allimb during a period of 14 days from the start, even if they have already paid. If you want to cancel, simply send us an email at firstname.lastname@example.org with your name and the details of the contract.
6. App Stores and other websites
Any other website (Partner sites, social media, etc.) you access through allimb is completely independent and not controlled by allimb, and therefore we do not guarantee anything and are not liable for any information or services offered or provided by them.
By downloading allimb from the Apple Store, you enter into an licensee agreement only with allimb. Allimb is solely responsible for the App and any content contained therein.Apple's “LAEULA” is part of the agreement (http://www.apple.com/legal/itunes/appstore/dev/stdeula/). The allimb app is considered the “Application Provider”. In case of conflicting terms between these Terms and LAEULA, the terms of this Agreement are the more specific ones. By downloading allimb, you confirm to have read, understood and agreed to Apple App Store Terms and Conditions (http://www.apple.com/legal/itunes/us/terms.html#APPS and https://www.apple.com/legal/internet-services/itunes/us/terms.html). You further acknowledge that Apple, Inc. and its subsidiaries are third party beneficiaries of this Agreement and that Apple, Inc. has the right to enforce this Agreement.
By registering on allimb or by providing any of your contact details, you agree to be contacted by allimb (phone, mobile, social media, post, email, etc.). This will generally happen only if you connect with us, for example to get clarifications or support.
8. Confidential and Proprietary Content
All information, data, software, logos, content, videos, design or similar materials of allimb is proprietary and protected. The usage of allimb is allowed only for personal usage and not for any commercial use. If you want to use, link, or alter any of the above-mentioned materials, please contact allimb to obtain a previous written authorization.
9. Arbitration & Disclaimer
If there are any issues with allimb, we invite you to contact us directly, by writing to us at the address you find at the bottom of the webpage. In the case the issue cannot be solved, both parties agree that any issue or claim connected to allimb will be presented and decided upon by a binding arbitration that will apply the Swiss law. By agreeing to these Terms, a Swiss Arbitration will decide based on the Swiss Arbitration Act, and both parties waive their rights to go to trial.
Allimb does not warrant an error-free service and does not give any warranty about the accuracy, completeness or correctness of any information or exercise provided. Users are responsible for the use of the service and any risk that can come with it, including the risk of viruses or other malicious programs that could be downloaded with the application. The user is totally responsible for a sufficient protection of their device and should anyhow make regular backups of their data.
Allimb is not liable for any direct or indirect damage caused by allimb, including for lost data, business, or time. Your sole remedy is to stop using allimb’s services. In case the limitations of these terms are not applicable in part or completely, the user agrees to a maximum aggregate liability of 200 CHF.
If parts of the Terms are not valid and/or unenforceable, their effects shall be limited to those clauses, or the minimum extent necessary, so that these Terms shall otherwise remain in effect.
11. Supplemental Terms & Conditions applicable to Service Providers
In addition to the above Terms, this article details special terms for Service Providers to allimb, for any person who records a video for the purpose of making the motion tracking technology more accurate. This special term prevails on the other above-mentioned terms in case of conflict. By clicking on CONFIRM, the person who intends to record content to be shared with allimb confirms to have read and understood all terms and in particular the following supplemental terms:
a. that they are over 18 years and the owners of the device that downloads the application
b. that in their country, legislation allows recording and sharing videos and personal data
c. that the application is used only by the owner of the device
d. that in case of a third party being recorded, the owner of the device must make sure that the app is started again, and that the person reads, understands, and accepts the terms by pressing CONFIRM. The owner of the device is solely responsible for obtaining all necessary agreements and consents. They warrant to allimb that they have the legal right and authorization to share the content they upload to allimb.
e. that they agree to share their data, included but not limited to videos, images, pictures or photos for the sole purpose of being used to increase the accuracy of the application
f. that all rights of the shared intellectual property, including but not limited to videos, images, pictures, and other data of the person are transferred to Allimb Sàrl. Allimb has a royalty-free, irrevocable, transferable right to use the content in any way, for example to copy, modify, translate, publish, share, adapt the content. In particular, allimb is allowed to create or develop services that use this data and to sell, distribute or otherwise monetise the content anywhere in the world. Allimb is under no circumstances obliged to pay for the content.
g. that they are aware that data could be shared outside of their own country or legislation and that they agree to sharing data
h. that they are not employed in any way by allimb, but support the creation of the app voluntarily
i. that they do not violate or infringe the privacy, copyright, trademark, or intellectual property rights of any person or entity. They acknowledge to be solely responsible for the content provided. Allimb has no control on what is uploaded, is not responsible for the content and assumes no liability
j. that they do not use any fake email address
k. that they do not transmit viruses or other harmful components
12. Contact details
Please contact allimb for any issue or question either via email at email@example.com or per mail at: Allimb Sárl - Rue de l'Industrie 23, 1950 Sion, Switzerland