IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT
USE THE SITE OR THE SERVICES.
This Agreement is subject to change by byjonny.se, byjonny.com or By Jonny AB (hereinafter ”By Jonny”) in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
By Jonny may offer additional services or revise any of the services or pricing, at its discretion, and this Agreement will apply to all additional services or revised services. By Jonny also reserves the right to cease offering any of the Services.
1. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a
“Registered User”), you agree to the following:
1.1. Exclusive Use. Your program is for your personal use only. You may not authorize others to use your program, and you may not assign or otherwise transfer your program to any other person or entity.
1.2. Risk Assumption and Precautions. You hereby acknowledge that you, not By Jonny, are personally responsible for your personal health and safety when following the program. You further understand and acknowledge that physical exercise and diets are inherently dangerous and carries with it the potential for death, serious injury and property loss. You understand and agree that by following the program and accepting these terms you take full responsibility for your well being, safety and health, and that By Jonny can in no way be held responsible for injuries, health, property loss or death when following the programs. You should perform a health check with professional medical doctor to see that you are fit to exercise and make changes to your diet before undergoing any of the programs or services. You are also aware and accept that By Jonny does not guarantee any results of any kind when using the program or services and that any estimated results are solely for marketing purposes only.
1.4. No False Information. You will not provide inaccurate, misleading or false information to By Jonny. If information provided to By Jonny subsequently becomes inaccurate, misleading or false, you will promptly notify By Jonny of such change.
1.8. No Harassment of By Jonny Employees. You will not harass, annoy, intimidate or threaten any By Jonny employees engaged in providing any portion of the Services to you.
2. Proprietary Rights
2.1. Ownership of Proprietary Information. You hereby acknowledge and agree that By Jonny is the owner of highly valuable proprietary information, including without limitation, the exercise instructions, and videos. By Jonny owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
2.2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
3. User Information
3.1. Privacy Statement. For information about the collection and possible use of information and material provided by you, please see By Jonny Privacy Statement located below after this agreement. By using the Site or the Services, you are consenting to the terms of By Jonny’s Privacy Statement.
3.2. Disclosure By Law. You acknowledge and agree that By Jonny may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend By Jonny, or a third party’s rights or property; or (3) protect someone’s health or safety.
3.3. Use of Anonymous Information for Research. By using the Services, you agree to allow By Jonny to anonymously use the information from you and your experiences through the Services to continue By Jonny’s research into successful exercise programming and to improve the Services. This research, conducted by fitness professionals and healthcare research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
4. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of By Jonny, and By Jonny is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. By Jonny provides these links to you only as a convenience, and the inclusion of any link does not imply that By Jonny endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that By Jonny will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to By Jonny with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services.
5. Disclaimer of Warranty
5.1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. By Jonny PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. By Jonny DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. By Jonny DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
5.2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by By Jonny, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. By Jonny DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN By Jonny. UNDER NO CIRCUMSTANCES WILL By Jonny BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
5.3. Beta Features. From time to time, By Jonny may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at By Jonny’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
6. Limitation of Liability and Indemnification
IN NO EVENT WILL By Jonny BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF By Jonny KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CONSIDERATION OF THIS AGREEMENT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS By Jonny, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF (1) YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES; (2) YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR (3) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. By Jonny RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH By Jonny IN ASSERTING ANY AVAILABLE DEFENCES. THIS AGREEMENT SHALL BE BINDING UPON YOUR HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVES. YOU HEREBY FURTHER STATE THAT YOU CURRENTLY SUFFER FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR YOUR ABILITY TO FULLY PARTICIPATE IN THIS AGREEMENT.
7. Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone or text message if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services.
8. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or By Jonny may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. By Jonny reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to By Jonny by you will be nonrefundable and all outstanding or pending payments will immediately be due.
I accept that no refunds will be given after ordering a personalised program.
12. General Provisions
12.1. Controlling Law and Jurisdiction. You agree that Swedish law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the Swedish courts. You acknowledge and agree that any violation of this Agreement may cause By Jonny irreparable harm, and therefore agree that By Jonny will be entitled to seek extraordinary relief in court in addition to and without prejudice to any other rights or remedies that By Jonny may have for a breach of this Agreement.
12.2. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement, and any applicable payment, renewal, Additional Services terms, comprise the entire agreement between you and By Jonny regarding the use of this Service, superseding any prior agreements between you and By Jonny related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of PEAK to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
13. Revision Date
This Agreement was last revised on 24 May 2018. By Jonny Privacy Statement
1. What Information We Collect The types of information that we collect fall under two general categories: personally identifiable information (PII) and non-personally identifiable information (non-PII). PII consists of any information which can be used to specifically identify you as an individual, whereas non-PII consists of aggregate information or any information that does not reveal your identity. The following sections describe how your PII and non-PII are collected by us, and how we use such information. The information described below is stored by By Jonny AB, Gotlandsgatan 66, 116 65 Stockholm, Sweden, email: firstname.lastname@example.org. For any further questions or to see or make changes to the saved information please contact our assigned Data Protection Officer Jonathan Fagerlund at email@example.com. You may at any time withdraw permission to save your personal information by contacting us on either of the adressen above. In accordance with GDPR you are also able to make a claim to The Swedish Data Protection Authority.
2. How We Collect and Use Information
2.1. Log Files. Any time you visit any of our websites, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. For example, we may log your IP address for system administration purposes. IP addresses are logged to track a user’s session. This gives us an idea of which parts of our site users are visiting. We do not share the log files externally.
2.3. Web Beacons. “Web beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize our website for our users and to collect a limited set of information about our visitors. We may also use web beacons in email communications in order to understand the behavior of our customers. We do not link the web beacons to any PII.
2.4. Information About You. When you register or subscribe to any of our services, we collect a wide variety of information about you. Any information provided by yourself in any forms, questionnaires, food diaries, or record sheets will be strictly confidential and only shared with the client concerned. Content shared in which By Jonny is tagged may be shared by By Jonnys account in marketing purposes, this will be taken down immediately upon request. You may choose to provide us with your photo(s) or video(s) and by providing us such content, you agree that we may make them available to users of By Jonny services or use them in marketing. Except as otherwise stated in this privacy statement, we do not disclose your PII to other users of our services.
2.5. Purchase Information. To process purchases, we may require your name, address, phone number, email address and personal number. Such information is used to process your order or as otherwise described herein. This information will be stored for seven years in accordance with Swedish Law for bookkeeping.
2.6. E-mails and Telephone Calls. We require an e-mail address from you when you register for our services. We use your e-mail for both transactional and promotional (e.g., newsletters, new product offerings, special discounts, event notifications, special third-party offers) purposes. E-mail messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. We reserve the right to send you certain communications relating to By Jonny’s services, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. We may also contact you by telephone or text message (including to any wireless number you may provide to us) solely in connection with By Jonny’s services. If you would rather not receive telephone calls or text messages from us, you may ask to be removed from our contact list via email to firstname.lastname@example.org or when you receive a call or text message from us.
2.7. Demographic Data. Demographic data is also collected at our site. We use this data to tailor our visitors’ experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. Some of this information may be shared with advertisers on a non-personally identifiable basis.
2.8. Online Survey Data. We may periodically conduct voluntary member surveys. We encourage our members to participate in such surveys because they provide us with important information regarding the improvement of our services. You may also volunteer for certain surveys that we may offer to our users, and any additional rules regarding the conduct of such surveys will be disclosed to you prior to your participation. We do not link the survey responses to any PII, and all responses are anonymous.
2.9. Use for Research. In addition to the uses outlined above, by using our site, you agree to allow us to anonymously use the information from you and your experiences to continue our research into successful exercise programming. This research, conducted by fitness professionals, may be published in academic journals. However, all of your responses will be kept anonymous, and no PII will be published.
2.10. Use for programs. The information you provide in forms, emails or other ways of communication with By Jonny is needed to be able to create your personalised program. This may include information about your height, weight, previous attempts at weight loss, preferences in general, food habits, lifestyle and exercise, but also private information like adress, phone number, email, allergies or other medical conditions that can affect the program. The information will be saved in a folder marked with your name on a dropbox to be able to access it at all times and thereby be able to provide you with a fast an reliable service. It will also be stored in saved in emails or text messages. No printed copies will be kept, and you may at all times demand to see or remove any information By Jonny has saved that can be linked to you. This does not include information that is collected anonymously which cannot be linked to you and therefore not be shared to you by By Jonny. The sharing or removal of your information will take place within 72 hours of when the request is made. Such information is not shared with third parties without special consent. By Jonny will never purposely share any information with anyone without your consent, but by using the services you agree to the storing of your information and accept the risk implied with sharing such private details which are then stored on dropbox. Information that we are not required to save by Swedish Law (for bookkeeping purposes) will be deleted from emails and dropbox after termination of the services if not agreed otherwise. You can at all times choose to view and have this information changed or removed.
2.11. Use for newsletter. Mailchimp is used for sending newsletter and by signing up for By Jonny’s newsletter you agree to them handling your email and agree to receive the newsletter until you unsubscribe which can be done in every email or by contacting By Jonny at email@example.com.
3. Disclosure of Your Information to Third Parties
3.1. Disclosure By Law. You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend By Jonny’s, or a third party’s, rights or property; or (3) protect someone’s health or safety.
3.2. Disclosure to Trusted Third Parties By Us. We may share your non-PII with third parties, but not in a manner that would reveal your identity. We may share your PII, sometimes in conjunction with your non-PII, with service providers that may be associated with us to perform functions on our behalf. For example, outsourced customer care agents or technology assistants may need access to your information to perform services for you. Your information will be treated as private and confidential by such service providers and not used for any other purpose than we authorize.
3.4. Information Transferred As a Result of Sale of Business. As we develop our business, we may buy or sell assets and, depending on the transaction, your PII may be one of the transferred assets. In the event that we are acquired by another company, your PII may be part of the assets transferred to the acquiring party. If this occurs, you will be notified if there are any material changes to the way your PII is collected or used.
4. Links to Other Sites
We are not responsible for the privacy practices or the content of other websites that may be linked to this site or of any third party advertisers.
5. Acceptance of Privacy Statement
6. Revision Date
This Agreement was last revised on May 24, 2018.