*HOSTING SERVICES: BeYourBest shall host the BeYourBest Platform as part of the services and shall provide connectivity software (to be installed on the user’s equipment), but BeYourBest is not responsible for providing electronic communications services and/or computer network hardware required by any user to access the BeYourBest Platform.
*ERROR CORRECTION SERVICES: BeYourBest will use commercially reasonable efforts to correct reproducible failures in the software that (a) prevent the software to substantially conform to the technical documentation provided by BeYourBest (in hard copy or electronic form), describing the use and operation of the BeYourBest Platform or (b) prevent your access to the BeYourBest Platform (“Error”). BeYourBest will utilize remote diagnostic procedures whenever possible for Error diagnosis and correct Errors through bug fixes or workarounds intended to correct Errors in the software ("Error Corrections").
*IMPROVEMENT AND UPDATE SERVICES: During the Term, BeYourBest may, in its sole discretion, provide users with updates, upgrades, enhancements, and any other improvements to the services (each, an “Update”).
NOTE: BeYourBest do not sell or provide for VR Headset, these are sold separately (from a third party of the user’s choice, not from BeYourBest).
By using the BeYourBest Platform, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the BeYourBest Platform (or any portion thereof).
You shall use the BeYourBest Platform in accordance with the user instructions, health warnings and other policies and guidelines provided by BeYourBest to, among other things, limit the risk of damage or unauthorized access to the BeYourBest Platform or injury or other adverse health impacts which may occur due to photosensitivity or other discomforts caused by video images and use of the BeYourBest Platform.
If you experience symptoms of discomfort upon use of the BeYourBest Platform, you should immediately desist from all use of the BeYourBest Platform.
You may not access or use the BeYourBest Platform for any purpose other than that for which we make the BeYourBest Platform available. The BeYourBest Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. In particular you are not entitled to:
The BeYourBest Platform is provided as a hosted service (software as a service) together with related services (the Services) on the designated hardware, software, electronic communications services and connectivity configuration specified by BeYourBest (the Supported Environment) and as updated from time to time.
BeYourBest may, at its sole discretion, change vendors or hosting partners, or provide updates, upgrades, enhancements etc. that may result in changes in the appearance and/or functionality of the BeYourBest Platform, the Supported Environments, and/or require you to update your own operating systems (e.g. IOS, Android or Windows) or web-browsers.
Furthermore, the BeYourBest Platform includes content, features, design, methods etc. subject to BeYourBest Intellectual Property Rights. You accept and agree that any attempt to recreate, use or copy such BeYourBest IP is strictly prohibited.
BeYourBest hereby grants to user a non-exclusive, non-transferable right (except as expressly provided herein) to (a) access and use the Services during the Term solely for the purpose of enabling sport specific cognitive training, (b) to use and reproduce a reasonable number of copies of the data provided by the use of the services solely for user’s cognitive training purposes, and (c) any lawful use in compliance with new development of features, functionalities as updated to the Services from time to time.
Except as expressly set forth herein, no express or implied license or right of any kind is granted to users regarding the BeYourBest IP.
You acknowledge and agree that certain items of the software are subject to “open source” or “free software” licenses (“OSS”) and that such OSS is owned by third parties and subject to certain license requirements in the relevant OSS license.
Users owns and retains all right, title, and interest in and to the User Content and all Intellectual Property Rights therein. BeYourBest acknowledges that it neither owns nor acquires any additional rights in or to the User Content and that user only grants to BeYourBest a non-exclusive, non-transferable right and license to use, display, perform, reproduce, and modify the User Content, solely as necessary to provide the Services to user and, provided that such information does not identify and is not specific to user, to expand BeYourBest's database of generic and generally available information.
Users shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content. Users shall notify BeYourBest about any changes in the User Content and/or technical specifications (e.g. API) that impacts the use of the User Content in the BeYourBest Platform.
User represents and warrants that any User Content hosted by BeYourBest as part of the services shall not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious computer programming codes intended to damage BeYourBest’s system or data; (e) otherwise violate the rights of a third party; or (f) contain any personally identifiable health information.
BeYourBest reserves the right to suspend the access to and use of the Services at any time if any user materially or repeatedly infringes third party copyright rights, including upon BeYourBest’s receipt of notification by the copyright owner or the copyright owner’s legal agent.
You accept that the BeYourBest Platform from time to time may be partly or completely unavailable due to amongst others interruptions, delays, Errors or maintenance. BeYourBest makes no warranty or guarantee about the 100 % availability of the BeYourBest Platform but will exercise reasonable skill and care in providing the BeYourBest Platform. To a reasonable extent, we will provide you with information about any limitations in availability.
APPLICABLE FEES FOR THE SERVICES:
The current subscription prices can be found here.
All prices are in USD, including VAT.
Users will pay to BeYourBest the fees set forth in each submitted order form from a user (as applicable from time to time), in advance, and BeYourBest shall have the right to invoice all such applicable amounts accordingly.
User shall pay all invoiced amounts within thirty (30) days after the date of the invoice.
The user is not entitled to a refund of part of a prepaid subscription fee in the event of early termination. This means that if the user wishes to terminate a subscription period before the end of an active agreement period, the user will not be entitled to be reimbursed a proportionate share of a pre-paid amount, but the user will continue to have access to the BeYourBest Platform and the Services for the duration of the applicable subscription period.
All fees are adjusted annually in accordance with the changes in Statistics Norway's Consumer Price Index.
IN CASE OF LATE PAYMENT:
In case of late payment, late payment interest in accordance with the applicable law in the country of the place of business of BeYourBest shall accrue from, but not including the due date to the actual payment date.
THE BeYourBest Platform IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE BeYourBest Platform WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW (SPECIAL REFERENCE IS MADE TO DIRECTIVE (EU) 2019/770 ARTICLE 7, 8
AND 9), WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE BeYourBest Platform.
The users acknowledges that (a) complex software is never wholly free from Errors, and BeYourBest gives no warranty or representation that the BeYourBest Platform will be wholly free from Errors; (b) BeYourBest will not and does not purport to provide any legal, taxation or accountancy advice etc. in relation to the services; and (c) BeYourBest has no warranty obligation for problems on the BeYourBest Platform caused by third party software or hardware, by accidental damage or by other matters beyond BeYourBest's control.
BeYourBest represents and warrants that the BeYourBest Platform and the technology upon which it is based shall not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) contain any viruses, worms or other malicious computer programming codes intended to damage the User Content, system, or data; or (d) otherwise violate the rights of a third party.
(i) after your receipt of notice (of any material changes), and if no objection is made by you within 30 days after your receipt of the notice of the material changes, and / or
Each of the parties to this agreement will be entitled to enforce its rights under this agreement.
TERM AND TERMINATION
This agreement is automatically renewed with a corresponding new subscription period / agreement period as the user originally signed up for, unless one of the parties sends a written notice of termination by automated means through the BeYourBest Platform, or by email, no later than fourteen (14) days before the end of the applicable subscription period / agreement period.
Upon termination or expiration of the agreement for any reason (a) all rights and obligations of both parties, including all licenses granted hereunder, shall immediately terminate; (b) each party shall return or delete all Confidential Information; and (c) BeYourBest shall discontinue all use of User Content. The terms concerning:
“INTELLECTUAL PROPERTY RIGHTS”
“LIMITATION OF LIABILITY”
will survive expiration or termination of this agreement.
BeYourBest and/or the users (the Disclosing Party) may provide the other party (the Receiving Party) with certain information regarding the Disclosing Party’s business, technology, products, or services or other confidential or proprietary information (collectively, Confidential Information).
The BeYourBest IP is considered Confidential Information. Neither party shall use or disclose to any third party any Confidential Information and will protect the Disclosing Party’s Confidential Information in the same manner that it protects its own proprietary information of a similar nature.
As a consumer you have the right to withdraw from this agreement within 14 (fourteen) calendar days, without having to either justify any reason or sustain any penalty. This deadline for withdrawal shall start from the day the user submits its order form for subscription, for the use of the BeYourBest Platform. You must notify a request of withdrawal within the prescribed deadline to BeYourBest by email (see contact details below). In respect of the exercise of a right of withdrawal by a user, the withdrawal will be resolved without fees and the user will lose access to the BeYourBest Platform.
Any complaints against BeYourBest must be submitted without undue delay.
In order to resolve a complaint regarding the BeYourBest Platform, our services, or to receive further information regarding use of the BeYourBest Platform, please contact us at:
BE YOUR BEST AS
Gaustadalléen 21, 0349 Oslo
Last updated: February 2, 2023