Privacy Policy
Privacy Policy
1. Introduction
In this privacy policy, you can learn more about how Atlas Lejon AB (collectively “Atlas Lejon”, “we”, “us”, “our”) process your personal data.
This policy applies to the Evoflex application, made available through the Apple App Store and the Google Play Store, the Evoflex website located at https://www.evoflex.se, and Atlas Lejon website located at https://www.atlaslejon.se
For our privacy notice to California residents, please see point 14.
2. Data Controller
The Atlas Lejon entity acting as controller may vary depending on the purpose of the processing. Below, you can find information on the processing of your personal data in the following situations:
a) when you visit our website or use our app (cookies and similar tracking technologies),
b) when you communicate with us,
c) when you visit our social media platforms,
d) when you partner up with us (coaches),
e) when you are or represent a supplier, vendor or other third party, and
f) when you apply for a job with us.
Below, you can read more about the various purposes of our processing of your personal data in the different situations. You can also see which data we process, what the legal basis for our processing is, for how long we store the personal data and who we share it with.
Further, in the section Your rights etc. you can read about your rights and how to contact us.
To read about how your coach (who has partnered up with us) processes your personal data, please have a look at the coach’s website or contact them.
3. When you visit our website or use our app
a) When you visit our website or use the Evoflex app, we use cookies and similar tracking technologies to collect data about your visits and use, including:
b) Internet Protocol (IP) addresses,
c) device or mobile IDs and/or device model and type,
d) app profile username and password,
e) browser information, operating system information, and/or language preferences,
f) the location and the preceding and succeeding websites you have visited, including which pages/part/icons on the website you interacted with,
g) applications you click on and how often, and
h) the pages of our website you visit, and how long you spend on each page.
Further, we may conduct surveys in our app to gain feedback on certain app features or app functionality.
The above data may contain personal data. The controller is Atlas Lejon AB. We collect the data on your use of our services in order to ensure a stable, secure and user-friendly experience on our website and in our app, as well as to keep statistics about our website visitors and app users. In some cases, data is processed in order to target marketing based on the web browser or in-app behaviour.
Lastly, as a client to one of our coaches, our app enable you to:
a) record a fitness activity, for example a run. You must first allow the app to access your location. Then the app will access your location data from the moment you start recording the activity until the moment you stop the recording. To ensure that your full activity is recorded, we need to continue to access the location data if the app is in the background during the activity. You can remove the permission at any time by adjusting your device settings. This processing will enable a history of your fitness activities, including (where eligible) duration, distance, speed, activity type and heart rate, as well as an overview of your fitness progression.
b) import your history of fitness activities from Apple Health or Google Fit. You must first allow the app to access your data from these sources. You can remove the permission at any time by adjusting your app settings.
c) join a group chat moderated by the coach, where their participating clients may ask questions, talk about their fitness progress, share ideas and more. The coach must first invite you to join a group, and you must actively accept the invite before you can view and participate in the group. When you have accepted the invite, your profile picture, name and any content you post becomes visible to other group members. You can leave the group at any time. Your contributions in the group must follow the Acceptable Use Restrictions articulated in your coach’s Terms of Use.
Please be aware that Evoflex is merely the data processor for the above location-based data and social group functionality. Therefore, please refer to your coach as the data controller for more information.
The legal bases for our processing are:
a) for necessary (technical) cookies and similar technologies: Article 6(1)(f) of the GDPR, as we are pursuing our legitimate interest in ensuring functionality and security of our website, and
b) for other cookies and similar technologies: Article 6(1)(a) of the GDPR, as you have given your consent, e.g. to targeted marketing.
c) Personal data contained in cookies will be deleted in accordance with the lifetime/period for each specific cookie. We disclose information to any third-party service providers that you have allowed to place cookies when you use the website, and we share your information with our group companies.
d) You can read more about our cookies and other similar tracking technologies, including their lifetime and disclosure to third parties, in our Cookie Policy using the cookies widget in the lower left corner of your browser.
4. When you communicate with us
a) When you, as a coach or client to a coach, communicate with us directly (e.g., via email, the contact form on our website or with the Evoflex support team through our app) your communication will contain personal data, e.g., your contact details (including name and email address) and other personal data you may provide us with. The controller is Atlas Lejon AB or the entity you have contacted.
b) We process these personal data for the purpose of managing and answering your inquiries. The legal basis for the processing is article 6(1)(f) of the GDPR, as we are pursuing our legitimate interests in managing general inquiries.
c) Personal data pertaining to our general communication with you (such as email inquiries) will be deleted 5 years after the end of the financial year where your last inquiry has been handled/concluded. If your communication pertains to an order, personal data will generally also be deleted 5 years after the end of the financial year in which the order was placed. In specific situations, we may defer from our general retention periods (in case of e.g. complaints, objections or other specific situations).
d) Please note that when you, as a coach, use the contact form on our website to get in contact with us, we may disclose your contact details to our affiliated company Evoflex ApS if we deem their services to be a better fit for you. They will then contact you to introduce you to their services. You may find their privacy policy here.
e) We disclose personal data included in our account records to the relevant public authorities, including the tax and customs authorities, in connection with our statutory bookkeeping etc. We also make your personal data available to our processors who e.g. host, develop and support our IT systems, and we share your information with our group companies.
f) Please see below regarding transfer of your personal data to third countries
5. When you visit our social media platforms
a) If you, as a coach or client to a coach, visit our pages at Facebook, Instagram or LinkedIn, we may process the personal data that you make available to us via the pages, including your reactions on content, likes and comments, and any sharing of our content etc. The controller is Atlas Lejon AB.
b) We process these personal data for the purpose of managing our social media platforms and communicating with our followers through these platforms. The legal basis for the processing is article 6(1)(f) of the GDPR, as we are pursuing the above-mentioned legitimate interests. Your personal data is deleted in accordance with applicable data protection policies in place to the relevant social media platforms (see the links below).
c) Please note that when using our social media platforms, the provider (such as e.g., Facebook) will also process your personal data for its own purposes, including for targeted marketing purposes. You may find further information on the processing activities in the relevant privacy notices:
a) Facebook
b) Instagram
c) LinkedIn
6. When you partner up with us (only for coaches)
a) When you partner up with us as a coach, we process your personal data, including your name and contact details, such as your email, phone number, address, your social media information, as well as your billing information, and any other information you provide us. The purpose of the processing is to manage our partnership with you. The controller is the Atlas Lejon entity you have entered the partnership agreement with.
b) The legal basis for our processing of your name and contact details, as well as your banking details, is article 6(1)(b) of the GDPR, as the processing is necessary in order for us to fulfil our end of our partnership agreement.
c) Further, we are obligated to store bookkeeping information, including information related to payments/transactions in accordance with the bookkeeping legislation. Based on the GDPR, our legal basis in that regard is article 6(1)(c).
d) The legal basis for our processing of your social media information and other information you provide us is article 6(1)(f) of the GDPR, as we are pursuing our legitimate interests in tailoring our partnership to you.
e) As a starting point, we will delete your personal data 5 years after the end of the financial year where our partnership has ended. In specific situations, we may defer from our general retention periods (in case of e.g., complaints, objections or other specific situations).
f) We disclose personal data included in our account records to the relevant public authorities, including the tax and customs authorities, in connection with our statutory bookkeeping etc. Further, we disclose your personal data to our service providers and to our processors who e.g. host, develop and support our IT systems, and we share your information with our group companies.
g) Please see below regarding transfer of your personal data to third countries.
7. When you use our Evoflex App (only for clients)
a) When you download and use our app as part of your programme with a coach, we process your personal data, which includes statistical data such as your age, gender and measurements (e.g. height/weight) and any other information you provide in the app. The purpose of this processing is to aggregate data to be able to create unique insights and to continuously improve the product for the benefit of coaches and clients alike. The controller is Atlas Lejon AB.
b) The legal basis for our processing of information you provide us through the app is article 6(1)(f) of the GDPR, as we are pursuing our legitimate interests in being able to share aggregated generic data with e.g. research institutes.
c) Further, we may also, in very rare events, observe the communication that has taken place between you and your coach in our app, if we are reasonably suspicious that a coach is conducting malpractice, fraud or not complying with Atlas Lejon’ code of conduct. The purpose for this monitoring is to be able to raise a legal claim against a coach or to protect you from malpractice. Based on the GDPR, our legal basis in this regard is article 6(1)(f).
d) We will delete or anonymize your personal data in accordance with the data retention policy employed by your coach.
e) Atlas Lejon may send aggregated and anonymized generic data to third parties for research, business or other purposes. Further, Atlas Lejon may send personal data to third-party software providers who process data on our behalf.
8. When you participate in surveys and questionnaires (only for coaches)
a) During your partnership with Evoflex, we will send you invitations to participate in various surveys and questionnaires. For this purpose, we process your personal data, including your name and contact details, such as your email, phone number, address and other relevant information necessary for the specific survey in question. The purpose of the processing is to gain insights into our app or service offerings. The controller is Atlas Lejon AB.
b) The legal basis for our processing of your responses to our surveys and questionnaires is article 6(1)(f) of the GDPR, as we are pursuing our legitimate interests in continuously improving our product.
c) In addition to the above, Evoflex may also send invitations to participate in mental health surveys. For this purpose, we process your personal data which can include health information. The purpose of the processing is to gain insights into the stress levels and mental health of online coaches using our platform. Evoflex greatly cares about the health – including mental health – of our partner coaches, and we want to ensure that our product is continuously developed in a sustainable way to ensure that our partner coaches are happy, healthy and free of stress. The controller is Atlas Lejon AB.
d) The legal basis for our processing of your responses to our mental health surveys and questionnaires is article 6(1)(a) of the GDPR, as we will always collect your consent prior to processing any health information. Be aware that you can recall your consent at any time by reaching out to us at info@evoflex.se.
e) We will delete (or anonymize) your personal data 5 years after the end of the financial year where our partnership has ended. In specific situations, we may defer from our general retention periods (in case of e.g., complaints, objections or other specific situations).
f) We disclose information only to any third-party service providers (marketing/survey automation platforms), and we share your information with only the relevant people in our group companies.
g) Please see below regarding transfer of your personal data to third countries.
9. When you are or represent a supplier, vendor or other third party
a) When you communicate with us (e.g., via email) as or on behalf of supplier, vendor or another third party, your communication may often contain personal data, e.g. your contact details (including name and email address), association with a certain company or other personal data you may provide us with. We may also receive such personal data from a third party, such as your employer.
b) We process these personal data for the purpose of managing and answering your inquiries and orders and to communicate with you/the company you represent.
c) The legal basis for the processing is article 6(1)(f) of the GDPR, as we are pursuing our legitimate interests in managing general inquiries and fulfilling any agreement, we may have concluded with the company you represent.
d) Personal data pertaining to our communication with you will generally be deleted 5 years after the end of the financial year in which our last contact with the business you represent took place.
e) We disclose personal data included in our account records to the relevant public authorities, including in connection with our statutory bookkeeping etc. We may also disclose your personal data to our relevant business partners, including external advisors. Finally, we make your personal data available to our processors who e.g., host, develop and support our IT systems, and we share your information with our group companies.
f) Please see below regarding transfer of your personal data to third countries.
10. When you apply for a job with us
a) When you apply for a job with our European-based companie, we process your personal data in different situations, which you can read more about below. The controller is Atlas Lejon AB.
10.2. Receipt of applications etc.
a) When we receive your application, we will read it and select the persons who we will call for an interview. The selection is based on your qualifications in relation to the specific position(s). You will be called for the interview by email or telephone.
b) As part of the recruitment process, we will receive and process the personal data that you have included in your application, CV and any other material that you may have forwarded along with your application. We may also ask you to send us additional information. The information obtained in this connection will include information about your previous employments, including information relating to work assignments, skills and performance, and information about your personal appearance and interpersonal skills. We will also obtain other information about you if we consider such information to be necessary for the assessment of your application.
c) The legal basis for processing the personal data is article 6(1)(f) of the GDPR as we pursue the legitimate interest in the processing of the personal data being necessary for our assessment of you as a person and your skills in relation to the contents of the position.
d) Further, our processing of data that you make available to us on your own initiative is deemed to be performed on the basis of your consent (in accordance with the relevant consent provisions of the GDPR and/or national data protection laws).
10.3. Social media
a) If relevant, we will obtain available information published by you on social media, such as LinkedIn and Facebook.
b) The legal basis for processing the personal data published by you is article 6(1)(f) of the GDPR as we pursue the legitimate interest in the processing of the personal data being necessary for our assessment of you as a person in relation to the contents of the position.
10.4. References
a) If we wish to obtain information about you from your current or former employer using your references, we will first ask for your consent. Unless you are otherwise specifically notified by us, the information we obtain in that connection will include the following categories: Information about your previous employments, including information relating to work assignments, skills and performance, your personal appearance and interpersonal skills, and the reason for not being or no longer wanting to be employed by the employer in question.
b) The legal basis is the consent you give for the purpose of using your references, in accordance with article 6(1)(a) of the GDPR.
10.5. Use of personality and competency tests
During the recruitment process relating to some positions, we may use a personality test and/or a competency test. Typically, the tests are taken after our first interview with you. The purpose of the tests is to identify your personal preferences and skills, forming a basis for a dialogue with you about your personal resources and conduct. The tests will be part of the overall basis for selecting the right candidate for the position.
The legal basis for processing the personal data is article 6(1)(f) of the GDPR as we pursue the legitimate interest in the processing of the personal data being necessary for our assessment of your personal skills based on the tests.
10.6. Criminal record
a) During the recruitment process, we may ask you to show your criminal record certificate. Whether a criminal record certificate is required depends on the position, including the responsibilities and powers involved. If we consider it to be relevant to the position for which you have applied, we will ask you to request a personal criminal record certificate.
b) Please note that no processing of personal data takes place regarding criminal records, as you will in any case only be asked to show us a physical copy of the criminal record certificate (and you are thus not asked to send us a copy via email or otherwise provide us with a copy for us to keep).
10.7. Job interviews
a) If you progress in the recruitment process, we will conduct interviews where we will focus on your professional and personal skills as well as the challenges etc. of the job. We will write down some of the information disclosed during the interview(s). We only use the relevant information in the assessment of whether you should be offered a position.
b) The legal basis for processing the personal data is article 6(1)(f) of the GDPR as we pursue the legitimate interest in the processing of the personal data being necessary for our assessment of you as a person and your skills in relation to the contents of the position.
10.8. Drafting of employment agreement
a) If we offer you a position, we will process the personal data necessary for staff administration purposes. In that case, you will receive further information on this.
b) The legal basis for processing the general personal data stated in the application documents may (also) be 6(1)(b) of the GDPR as it may be necessary to process the personal data in question for the purpose of drafting an employment agreement, if relevant.
10.9. Recipients of your personal data
a) Certain data will be made available to our processors, for example our IT system providers etc., and if relevant, we share your information with our group companies.
b) Please see below regarding transfer of your personal data to third countries.
10.10. Storage of your personal data
a) We will store your personal data for the period necessary for us to fulfil the purposes for which they were collected. For that reason, we have established a maximum time limit of 12 months for the storage of job applications. As a general rule, we erase or anonymise your personal data according to this time limit unless it is necessary that we continue to store them, e.g. for the purpose of particular cases or the like.
b) If we employ you, the personal data that we have processed during the recruitment process will, if relevant, be stored in your personnel file in accordance with the applicable retention periods of your employment. In that case, you will be further notified of the processing of your personal data.
10.11. Mandatory processing of personal data
a) Under the data protection rules, you are entitled to be informed of whether the provision of personal data is a statutory requirement, or a requirement necessary to enter into a contract, and of whether you are obligated to provide the personal data and of the possible consequences of failure to provide such data.
b) It should be noted in that respect that under certain national legislations, including the Danish Health Information Act (helbredsoplysningsloven), an employee must state of its own motion or at the employer’s request to that effect whether the employee knows that (s)he suffers from an illness or shows symptoms of an illness which will significantly affect the employee’s ability to carry out the work in question.
c) Further, as a potential future employee, you are subject to the general duty of transfer which means that you must not knowingly withhold information that may be relevant to your opportunity for being employed.
d) Moreover, it should be noted that if you are offered a position, we will use certain personal data about you to draft your employment agreement, including your name and address.
e) If you do not wish to provide the information that you are required to provide under the provisions of the Danish Health Information Act or similar legislation and/or according to your duty of transfer or the information necessary for drafting an employment agreement, or any other information which we are required to collect from you by law, we will be unable to offer you a position.
11. Transfer of your personal data to third countries
a) We don’t transfer your personal data to countries outside the EU and EEA, when making data available to our processors and group companies.
b) The bases for such transfers would have been
a) for all third countries other than UK: the Commission Decision of 4 June 2021 on standard contractual clauses for the transfer of personal data of third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, and
b) for the UK: an EU Commission adequacy decision based on article 45 of the GDPR.
c. If you want additional information about our transfer of personal data outside the EU and EEA, including a copy of the relevant security measures, etc., you can make a request for such additional information by contacting us (see contact information below).
12. Your rights etc.
a) You have special rights to help you control your personal data, and we wish to make it easy for you to exercise those rights:
b) Right to withdraw consent
Where you have given your consent for our processing of your personal data, you have the right to withdraw your consent at any time. You can withdraw your consent by contacting us, see below under “Contact”.
If you wish to unsubscribe to our newsletters, you can also withdraw your consent by unsubscribing in the emails you receive from us.
If you withdraw your consent, the withdrawal will not affect the lawfulness of processing that has already been carried out based on your consent.
c) Right of access
You have the right to have confirmed whether we collect or process your personal data, and, if so, you have the right to request a copy of your personal data in a digital format.
d) Right of rectification
You have the right to require that we correct any inaccurate personal data concerning you, and that we complete incomplete personal data.
e) Right of erasure
In certain circumstances, you have the right to request that we erase personal data concerning you; for example, if it is no longer necessary for the purposes for which it was originally collected.
f) Right to restrict processing
In certain circumstances, you have the right to request that we restrict the processing of your personal data, e.g., if you believe that the personal data is not accurate or lawfully processed.
g) Right to object to the processing
In certain circumstances, you have the right to request that we stop processing your personal data.
h) Right to data portability
In certain circumstances, you have the right to receive the personal data you have provided us with in a structured, commonly used, machine readable format, and the right to have us transmit the data to another entity, where technically feasible.
i) Complaint to a supervisory authority
a) If you want to lodge a complaint with a supervisory authority about our processing of your personal data, you can do so by contacting the Swedish Data Protection Agency via their website, File a complaint (https://www.imy.se/).
b) You may also contact your local regulator (outside Sweden) to receive guidance on how to file a complaint, see: Our Members | European Data Protection Board (europa.eu).
c) Further, if you are a resident in the United Kingdom, detailed information on the full content of your rights (and any conditions that may apply) is provided by the United Kingdom’s Information Commissioner’s Office and is available on their website: https://ico.org.uk/your-data-matters.
d) You can read more about your rights in the Swedish Data Protection Agency’s guidelines on data subjects’ rights, which is available at https://www.imy.se/ (in Swedish). Please contact us if you wish to exercise your rights. The relevant contact details are stated below.
13. Contact
Your can contact our headquarters at
Atlas Lejon AB
Drottninggatan 15, 702 10
Örebro, Sverige
You can always reach us at email: info@evoflex.se or info@atlaslejon.se
14. Privacy Notice to California Residents
If you are a consumer located in California, we process your personal information in accordance with the California Consumer Privacy Act (CCPA). This section provides additional details about the personal information we collect and use for purposes of CCPA.
The sections above describe the personal information we may have collected about you within the last twelve (12) months, including the categories of sources of that information. We collect this information for the purposes of, as well as disclose it, as described in the above sections.
Your CCPA Rights and Choices. As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:
a) Exercising the right to know: You may request the following information about the personal information we have collected about you (see above under Your Rights Etc.):
b) the categories and specific pieces of personal information we have collected about you;
c) the categories of sources from which we collected the personal information;
d) the business or commercial purpose for which we collected the personal information;
e) the categories of third parties with whom we shared the personal Information; and
f) the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
a) Exercising the right to delete: You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
b) Exercising the right to opt-out from a sale: You may request to opt out of any “sale” of your personal information that may take place. We do not use, share, rent or sell the personal information of our customers for interest-based advertising. We do not sell or rent the personal information of our customers or our site visitors.
c) Non-discrimination: The CCPA provides that you may not be discriminated against for exercising these rights.
Terms of use
Terms of use
Last modified: May 10, 2024
- Acceptance
This Terms and Conditions of Use (“Agreement”) is a binding agreement between you (“User” or “you”) and Atlas Lejon AB and its subsidiaries (collectively, “Atlas Lejon”). This Agreement, together with any documents expressly incorporated by reference, governs your use of the Atlas Lejon and the Evoflex application (collectively, the “Application”) made available through the Apple App Store and the Google Play Store, the Atlas Lejon website located at https://www.atlaslejon.se, and the Evoflex website located at https://www.Evoflex.se (collectively, the “Website”). The Application and the Website (collectively, the “Services”) are licensed, not sold, to you.
This Agreement does not apply to business users. If you have signed a contract with Atlas Lejon for the provision of coaching services to clients on the Evoflex Platform (including for example workout plans, meal plans, and related advice) then you are a business user (“Coach”) and this Agreement is not applicable to you. That separate contract with Atlas Lejon governs your use of the Services.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE READ THESE SECTIONS CAREFULLY AS THEY MAY REQUIRE YOU TO SUBMIT TO BINDING ARBITRATION AND GIVE UP YOUR RIGHT TO A JURY TRIAL.
Please read the Agreement carefully before you start to use the Services.
BY CHECKING THE “AGREE” BOX, PRESSING THE “LOGIN” OR BUTTON, OR ACCESSING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR HAVE OBTAINED PARENTAL CONSENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS, INCLUDING THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES AND DELETE THE APPLICATION FROM YOUR MOBILE DEVICE. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- Changes to the Agreement
We may revise and update the Agreement from time to time in our sole discretion. Subject to applicable law, all changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services. If you are a consumer in the province of Quebec, Canada, we will notify you in writing no less than 30 days preceding the change and provide you with the new terms and the date they are coming into force. You have a right to refuse these changes and rescind your agreement with us, by notifying us in writing within 30 days of the change coming into effect. To the extent permitted by applicable law, your continued use of the Services following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- Content and Services
The Services include a software platform that facilitates interaction and communication between business users (“Coaches”) and their clients. The Services allow clients to access meal plans, exercises, workouts, and other materials that have been uploaded to the Services by Coaches (“Content”). Atlas Lejon does not perform any coaching or personal training services and therefore has no control over the interactions between any of the users of the Services. Use of the Services for any purpose other than expressly permitted under this Agreement is prohibited.
- Accessing the Services and Account Security
To the extent permitted by applicable law, we reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. If you are a consumer in the province of Quebec, Canada, and have not defaulted on your obligations we will notify you in writing no less than 60 days before terminating access to some or all of our Services.
You are responsible for both:
Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of the Agreement and comply with its terms.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features of the Services, is governed by our Privacy Policy located at: https://evoflex.se/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Subject to applicable law, we have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Agreement.
- Payments
All payments between you and a Coach are processed through a third-party payment provider, Stripe, Inc. (“Stripe”). Atlas Lejon is not responsible for transactions between you and your Coach. Your payment terms will depend on the specific services that you have agreed to with your Coach. Atlas Lejon does not provide coaching services and is not responsible for payment errors by Stripe or Coaches. By providing your payment information, you authorize Stripe process payments on your behalf using this information, subject to the Stripe’s terms and privacy policy, accessible at https://stripe.com/legal/ssa, and any other applicable agreements that Stripe or your Coach may require.
- Intellectual Property Rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Atlas Lejon, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Agreement permits you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- You may download a single copy of the Application to your computer or mobile device solely for your own personal, non-commercial, non-transferable use, in accordance with the Agreement and the Application License Grant herein.
You must not:
- Modify copies of any materials from the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Atlas Lejon. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
- Trademarks
The Atlas Lejon name, the terms Atlas Lejon, the Atlas Lejon logo and wordmark and all related names, logos, product and service names, designs, and slogans are trademarks of Atlas Lejon or its affiliates or licensors. You must not use such marks without the prior written permission of Atlas Lejon. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
- Prohibited Uses
You may use the Services only for lawful purposes and in accordance with the Agreement. You agree not to use the Services:
- In any way that violates any applicable federal, provincial, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (Section 15) set out in the Agreement.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Atlas Lejon, a Atlas Lejon employee, a personal trainer, a coach, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Atlas Lejon or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in the Agreement, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
- Application License
Subject to the terms of this Agreement, Atlas Lejon grants you a limited, non-exclusive, and non-transferable license to:
- download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation and
- access, stream, download, and use on such Mobile Device the Content and Application (as defined herein) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and any terms and conditions of use applicable to such Content and Services.
You shall not:
- copy the Application, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
- Reservation of Rights
You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Atlas Lejon and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- DMCA Copyright Policy
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Atlas Lejon AB
Drottninggatan 15, 702 10
Örebro, Sverige
You can always reach us at email: info@evoflex.se or info@atlaslejon.se
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- Collection and Use of Your Information
You acknowledge that when you download, install, or use the Services, Atlas Lejon may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device or computer and about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy, located at: https://evoflex.se/privacy-policy/. By checking the “Agree” box, pressing the “Login” button, or accessing the services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
- User Contributions
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.
All User Contributions must comply with the Content Standards set out in the Agreement.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings and to the extent permitted by our Privacy Policy, located at: https://evoflex.se/privacy-policy/.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with the Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Atlas Lejon, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
- Monitoring and Enforcement; Termination
Subject to applicable law, we have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Atlas Lejon.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of the Agreement. (If you are a consumer in the province of Quebec, Canada, and have not defaulted on your obligations we will notify you in writing no less than 60 days before terminating access to some or all of our Services.)
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS ATLAS LEJON AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Agreement and our Privacy Policy, located at: https://evoflex.se/privacy-policy/.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by other users and Coaches. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Atlas Lejon, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Atlas Lejon. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE SERVICES, YOUR COACH, MEAL PLANS, AND WORKOUT PLANS. USE OF THE SERVICES IS AT YOUR OWN RISK.
If you experience faintness, dizziness, shortness of breath, pain, or any other medical issue while exercising, stop and seek medical attention immediately. Exercise carries certain risks of injury and you are undertaking all exercises at your own risk.
All allergies, intolerances, injuries, illnesses, and diseases must always be communicated in the intake questionnaire. You must always carefully review the contents of your meal plan for anything that you may be allergic or intolerant to. Restriction on calorie intake may lead to anxiety, eating disorders, depression, fatigue, and other mental and physical health issues. You should seek help immediately if you experience any such issues.
Always make sure that you have enough space when performing any activities. Make sure that nothing around you can cause harm or impair movement. If you choose to use any fitness equipment, doing so is at your own risk.
- Not Medical Advice
The Services, and any meal and workout plans, are provided for general information and entertainment purposes only. Atlas Lejon does not offer health, medical, dietary, nutrition, or professional advice which you or anyone else should rely on. We are not dietitians, or nutritionists and your use of our services does not create a doctor-patient, dietician-patient, or nutritionist-patient relationship between you and Atlas Lejon or you and a Coach or any other user of the Services. We do not and cannot diagnose, treat, cure, or prevent any disease, medical condition, or symptom.
If you have questions regarding medical issues or potential impacts of the program, you should consult with your personal healthcare provider before using our services. You should always speak with your personal healthcare provider before starting any workout plan or making any changes to your diet.
It is outside the scope of the Services to prescribe a supplement or a particular dosage. Diets, foods, supplements, workouts, or exercises are not provided to prevent, treat, diagnose, or cure any disease, medical condition, or symptom. All meal plans provided through our services are only suggestions and are not a substitute for the advice of a doctor, nutritionist, dietician, or other medical provider. Meal plans do not guarantee any particular health outcome, including weight loss or other standard health markers. The Services are not a medical device.
- Updates and Changes to the Services
Atlas Lejon may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Atlas Lejon has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- the Application will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
While we may update the content on the services from time to time, its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
- Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Third-Party Materials
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Atlas Lejon is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Atlas Lejon does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Term and Termination
The relationship between you and any Coach is governed by a separate agreement between those you and that Coach. To terminate your relationship with a Coach, please contact your Coach.
The use of the Services is governed by the following:
- The term of Agreement commences when you check the “Agree” box, press the “Login” button, or access the Services and will continue in effect until terminated by you or Atlas Lejon as set forth in this Section.
- You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
- Atlas Lejon may terminate this Agreement at any time without notice. If you are a consumer in the province of Quebec, Canada, and have not defaulted on your obligations we will notify you in writing no less than 60 days before terminating this Agreement. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- Upon termination:
- all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
- Termination will not limit any of Atlas Lejon’ rights or remedies at law or in equity.
Atlas Lejon is not obligated to store any User Contributions after the termination of this Agreement and/or if you delete your account.
- Disclaimer of Warranties
TO THE EXTENT PROHIBITED BY LAW, THE DISCLAIMERS OF WARRANTY HEREUNDER DOES NOT APPLY TO QUEBEC CONSUMERS. THE DISCLAIMERS OF WARRANTY BELOW OTHERWISE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE SERVICES ARE PROVIDED TO USER “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ATLAS LEJON, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ATLAS LEJON PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
TO THE EXTENT PROHIBITED BY LAW, THE LIMITATIONS OF LIABILITY HEREUNDER DOES NOT APPLY TO QUEBEC CONSUMERS. THE LIMITATIONS OF LIABILITY BELOW OTHERWISE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ATLAS LEJON OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, OR ANY CONTENT ON THE SERVICES OR LINKED WEBSITES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $750.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ATLAS LEJON WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Indemnification
You agree to indemnify, defend, and hold harmless Atlas Lejon and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services, including but not limited to your use of any information obtained from the Services or your breach of this Agreement, including but not limited to the content you submit or make available through the site.
- Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Disputes, Governing Law, Binding Arbitration, and Class Action Waiver
If you are located in the United States of America or Canada:
TO THE EXTENT PROHIBITED BY LAW, THE CHOICE OF LAW, ARBITRATION AND CLASS ACTION WAIVER CLAUSES HEREUNDER DOES NOT APPLY TO QUEBEC CONSUMERS. THE CHOICE OF LAW, ARBITRATION AND CLASS ACTION WAIVER CLAUSES BELOW OTHERWISE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement is governed by and construed in accordance with the internal laws of the State of New York and U.S. federal law as applicable without giving effect to any choice or conflict of law provision or rule.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Any arbitral award determination shall be final and binding. Judgment on the Award may be entered in any court having jurisdiction.
You shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
ARBITRATION SHALL PROCEED ONLY ON AN INDIVIDUAL BASIS. THE PARTIES WAIVE ALL RIGHTS TO HAVE THEIR DISPUTES HEARD OR DECIDED BY A JURY OR IN A COURT TRIAL AND THE RIGHT TO PURSUE ANY CLASS OR COLLECTIVE CLAIMS AGAINST EACH OTHER IN COURT, ARBITRATION, OR ANY OTHER PROCEEDING. You shall only submit your own individual claims and will not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to the arbitration. In the event the prohibition on class or collective claims is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
If you are located outside of the United States of America or Canada:
This Agreement is governed by and construed in accordance with Danish law without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of Denmark. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the City Court of Copenhagen. Service of process, summons, notice, or other document by mail to such Party’s address set forth herein shall be effective service of process for any suit, action, or other proceeding.
- Limitation of Time to File Claims
TO THE EXTENT PROHIBITED BY LAW, THE LIMITATIONS HEREUNDER DOES NOT APPLY TO QUEBEC CONSUMERS. THE LIMITATIONS BELOW OTHERWISE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Code of conduct
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