Terms of Use
Wictory.ai Software and AI-Assistant
Version: 01.06.2025
Thank you for choosing Wictory.ai! These Terms of Use (the “Agreement”) govern your use of our website, mobile web-application, AI-driven services, bundled wearable devices, and related products (collectively, the “Services”). The Services are provided by Wictory as well as its affiliates and partners. (“Wictory”, “we”, “us”). By using our Services, you agree to these terms and conditions.
PLEASE READ THE FOLLOWING TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW) OFFERED BY WICTORY.AI FlexCo. (“US”, “WE”, “OUR” or “WICTORY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WICTORY SOFTWARE EVENTUALLY BUNDLED WITH VARIOUS 3RD PARTY DEVICES AND THEIR SOFTWARE, THE WICTORY SUBSCRIPTION SERVICE(S) USED IN CONJUNCTION WITH THE DEVICE(S) (“SUBSCRIPTION” OR “MEMBERSHIP”), AND THE SERVICES, FEATURES, CONTENT, WEBSITES (OR OTHER LINKED PAGES) OR APPLICATIONS OFFERED, FROM TIME TO TIME, BY WICTORY IN CONNECTION THEREWITH (COLLECTIVELY, THE “SERVICE(S)”). THESE TERMS COVER IMPORTANT INFORMATION ABOUT SERVICES PROVIDED TO YOU AND ANY CHARGES AND AMOUNTS WE BILL YOU. THESE TERMS INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS AND AUTOMATIC RENEWALS.
"YOU” AND “YOUR” REFER TO THE PERSON ACCESSING OR USING THE SERVICES, OR IF YOU CREATE AN ACCOUNT ON BEHALF OF AN EMPLOYER, COMPANY, ORGANIZATION, OR OTHER ENTITY, THEN (I) ALL REFERENCES TO “YOU” HEREIN INCLUDES YOU AND THAT ENTITY, (II) YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ENTITY WITH THE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, AND (III) YOU AGREE TO THIS AGREEMENT ON THE ENTITY’S BEHALF.
BY ACCESSING AND USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE WICTORY PRIVACY POLICY (https://wictory.ai/legal-privacy-terms) (THE “PRIVACY POLICY”), WHICH IS INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
1. Description of Services
The Services of Wictory.ai allow you to track, import, manage and share wellness-related information. It enables users to query complex data using artificial intelligence. The Service retrieves information through an API which is designed according to our protocol. With Wictory.ai, you can link data directly from various wearable devices and ask questions to analyze and interpret the data.
Furthermore we can generate personalized recommendations and suggest training plans based on the individual data provided. The service is intended to be used always in a constellation with a professional coach/trainer for revising and applying the output of the services in their daily routines in coaching and advising their clients.
Typical use cases are:
AI-Assistant-generated and tailor-made training plans with manual fine-tuning through coaches in no time.
360 data insights from Recovery including Sleep, Stress, Glucose and all Activities
Correlation analysis between Recovery and Training sessions
Simplification for Athletes: Audio recording, WhatsApp Image Logging and full integration with existing solutions.
Coach Outlier alerting and simple monitoring of all Athletes.
The WICTORY premium subscription, if selected by the user, may include the following 3rd party devices and related services in a bundle:
-Polar 360 device, plus access to the Polar Flow app, which provides personalized recovery, sleep, and strain insights, and built-in coaching features.
LINK: Terms of Use Polar
-Oura Ring device, plus access to the Oura app and limited premium membership, which provides personalized recovery, sleep, and strain insights, and built-in coaching features.
LINK: Terms of Use Oura
2. REGISTRATION
In order to use the subscription, you must subscribe, pay any applicable subscription fees (“Subscription Fees”) when due, and create an account (“Account”). You agree to provide true, accurate and complete information and keep your Account information current and updated. You shall not select or use as a username a name of another person with the intent to impersonate that person or use as a username a name subject to any rights of a person other than you without appropriate authorization. You are solely responsible for any and all activities that occur under your Account or password, and for keeping your Account password respectively one-time password (OTP) confidential and secure. You may never use another person’s account or registration information for the Services without permission. You agree to notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account or password. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. Wictory.ai will not be liable for any loss or damage arising from your failure to comply with this Section.
3. SUBSCRIPTION
Certain Paid Services are subscription-based purchases, to which the following terms apply:
Your Subscription term may vary as a continuous, monthly, or annual term (“Subscription Term(s)”), as described in the course of purchasing the Paid Services. Your Subscription will auto-renew for additional Subscription Terms until your Subscription is cancelled by you, or suspended or terminated by Wictory. Unless otherwise indicated by us, your designated payment method will be charged prior to, or at the beginning of, each Subscription Term for the Subscription fee plus any applicable taxes and other charges. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service.
If you reside outside the United States and change your mind about your purchase, you may be entitled to receive a full refund within fourteen (14) days (the “Cooling-Off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-Off Period.
From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. Prior to starting your free trial we will notify you of the applicable Subscription fees that will be charged at the expiration of your free trial. Unless you cancel your Subscription prior to the end of your free trial by taking the steps outlined above, when your free trial ends, we or our third-party payment processor will bill your designated payment method on a recurring basis for your Subscription fee, plus any applicable taxes and other charges, for as long as your Subscription continues. You must cancel your Subscription before the end of your free trial period to avoid any charges. Instructions for canceling your Subscription are described above.
Your payment information will be processed and stored through a third-party payment processor. All paid account holders must maintain at least one valid payment method for payment of Fees, which are described in more detail during checkout. All Fees are calculated and billed to you on a monthly or annual basis depending upon your choice, and are due immediately upon receipt and are subject to change. You acknowledge that Fees have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Fees shall be charged or debited from the saved, designated payment method you provide one day prior to the monthly or yearly anniversary of the initial purchase date.
In the event that you have not logged in or otherwise used the Services for six (6) months or longer following purchase or receipt of a Service during a free trial, we reserve the right to terminate your subscription, cancel any pending purchase(s), and refund you the purchase price of the subscription only. You will not be entitled to a refund for the value of the subscription during the free trial.
Wictory reserves the right to adjust the Fees for our Paid Services, or any features or parts of our Paid Services, at any time. You acknowledge that Wictory may change the Fees for Paid Services at any time. In the event of such a change, Wictory will provide notice to you via the email address associated with your account at least thirty (30) days in advance of the effective date of the change. Your continued use of the Services indicates your acceptance of any changes to the Fees. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law.
4. ELIGIBILITY
You represent and warrant that you are at least 14 years of age (or the applicable age to consent to data sharing as established by your State), provided that if you are under the legal age to form a binding contract in your jurisdiction, your use of the Services is subject to requirements of parental consent, in which case (i) your supervising parent or legal guardian is considered the user under this Agreement and is responsible for any and all activity; and (ii) you represent that your parent or legal guardian has reviewed and agreed to the Agreement and the Privacy Policy. If you are under age 13 (or the applicable age to consent to data sharing as established by your State), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. The right to access the Services is revoked where this Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
5. USE OF THE SERVICES
Wictory software, text, graphics, images, video, audio, data and other material are made available to you through the Services (collectively referred to as the “Content”). The Services and Content include proprietary and third party advanced technologies, such as artificial intelligence, machine learning systems, and similar technology and features (together, “AI Technology”), including third party large language models (“LLM”). Subject to this Agreement and your Subscription, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license to (i) access and use (i.e., to download and display locally) the Content and the software and applications made available through the Services and (ii) use the eventually bundled device (the “Wictory Bundle Device”), in each case solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purposes other than using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our licensors, partners, sponsors, or affiliates. The Content is protected by intellectual property rights, including copyright under European and other laws. Unauthorized use of the Content may violate copyright, trademark, and other laws and rights. Other than your rights in any User Content (as defined below), you have no rights in or to the Content, and you may not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. If you violate any part of this Agreement, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.
Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Services include access to links to, and content, recommendations and data from, third-party websites, products and services (“External Services”). The External Services include AI Technology, including LLM. These External Services are provided solely as a convenience to you, are not an endorsement by us of the content, recommendations, and data on or made available through such External Services, and may be subject to separate legal terms and conditions between you and third parties. The content, recommendations, and data of such External Services are developed and provided by others. In addition, the Services permit access to content, recommendations and data posted, stored, or displayed at the direction of users of the Services, for which, to the fullest extent permitted by law, we do not accept any responsibility or liability.
The Services are for personal use only and may not be used in connection with any commercial endeavours except those that are specifically approved by Wictory. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof; (iii) use of web scraping, web harvesting, or web data extraction methods from Wictory even if the Account owner gives permission; and (iv) any use of the Services which is unlawful or in violation of this Agreement.
5. TERMINATION
Unless otherwise prohibited by law, and without prejudice to Wictory’s other rights or remedies, Wictory shall have the right to immediately terminate (i) your Subscription if you breach any of the terms of this Agreement and (ii) any of the Services, in our sole discretion at any time; provided that if you are not in breach of this Agreement, we will provide you with a pro rata refund of any Subscription Fee paid by you in advance reflecting the period where you did not benefit from the terminated Services as a result of such termination.
You must maintain an active Subscription to continue using the Services. This Agreement and your Subscription may be renewed for additional Subscription periods pursuant to the Subscription purchased. If you do not maintain an active Subscription and pay all Subscription Fees when due, this Agreement shall terminate.
If you have obtained a free Subscription, Wictory reserves the right at any time to modify or discontinue, temporarily or permanently, such free Subscription, your Account and your access to the Services with or without notice. Unless modified or discontinued by Wictory in its sole discretion, your free Subscription shall continue until the end of the applicable free Subscription period, or until you cancel or upgrade to a paid Subscription.
Unless otherwise stated, all Subscription Fees are non-refundable, even if you stop using the Services. Your Subscription will begin once you connect your first device / data source, or thirty (15) days after delivery of your bundled Wictory Device, whichever is soonest. In the case of a monthly Subscription, you authorize Wictory to charge your credit card after each one (1) month pre-paid period ends and, subject to our Warranty and Return Policy below, you may only cancel your monthly Subscription after your initial commitment period of 12 months ends. In the case of annual and 24-month Subscription, the initial non-refundable (subject to the terms found in our Warranty and Return Policy below) Subscription Fee covers the first 12 or 24 months of your Subscription (“Initial Subscription Fee”), respectively. The Initial Subscription Fee also covers eventually the cost of your bundled Wictory Device, and you will retain ownership of your Wictory Device after you stop or cancel your Subscription and after payment of the Initial Subscription Fee.
If any Subscription Fees that are due are outstanding for a period of three (3) days or more, your Account will go into an inactive state. In this inactive state, you will be unable to upload data from your any Device or Data Source. You will, however, still be able to access any historical data, that is, data which is uploaded prior to your Account entering into an inactive state. Upon appropriate payment, your Account will be reactivated, and you will be able to utilize the full functionality of the Subscription.
You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term. To cancel your subscription and automatic payment, click on the “Delete Account” button from your account screen or contact our team by visiting app.wictory.ai/dashboard/settings/subscription and submitting a ticket as explained in section 17.
Upon cancellation or termination, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall cease and your User Content, as defined below, will no longer be available to you through the Services.
6. SUPPORT
Wictory shall make commercially reasonable efforts to provide adequate support services for the Services. Notwithstanding the foregoing, this Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the Services.
7. USER CONTENT
The Services may include functionality to permit sharing your Content with your coach or similar roles, whether manually at the direction of users of the Services or automatically in accordance with your Account settings (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You warrant and represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. User Content includes, without limitation, any user profile information you submit and make publicly available, any information via a connected 3rd party Device or collected by the bundled Wictory Device, including, without limitation, statistics and measurements, wellness information and recovery scores generated through the use of the Services, and any information submitted by you to “tag” any activities recorded through the Services. You understand that Wictory does not guarantee any confidentiality with respect to User Content that you submit and make available to others.
You shall be solely responsible for User Content you submit or allow to be collected and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express specific, informed and unambiguous consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement. To the extent User Content contains personal data (as defined by the EU General Data Protection Regulation and/or the UK General Data Protection Regulation), the foregoing license is subject to our Privacy Policy. If your use of the Services is on behalf of or managed by a coach, team, organizing body or other entity you are affiliated with (“Managing Entity”), your User Content may also be shared with that team or other organization according to your sharing settings of your account as more fully described in our Privacy Policy. You consent to that sharing and acknowledge and agree that we are not responsible for any use or disclosure of your information by that Managing Entity. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your Account settings, and to use, reproduce, distribute, prepare derivative works of, display, publish and perform such User Content as permitted through the functionality of the Services and under this Agreement. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
8. NO MEDICAL ADVICE
Wictory provides the Services for you to track, manage, and share your wellness-related information. The Services and any results or Content displayed via the Services, whether provided by Wictroy or third parties, do not provide medical advice and are not intended to be a substitute for (i) advice from your doctor or other medical professionals, or any diagnosis or treatment or (ii) a visit, call, or consultation with your doctor or other medical professionals. The Services do not and are not intended to diagnose, prevent, monitor, treat or alleviate disease, diagnose, monitor, treat, alleviate or compensate for an injury or handicap, investigate, replace or modify the anatomy of a physiological process, control conception, achieve its principle intended action in or on the human body by pharmacological, immunological or metabolic means, even if it is assisted in its function by such means or prescribe treatment, administer medicinal products, or perform any other tasks that constitute the practice of medicine or for other therapeutic purposes, in each case whether as a medical device (as defined in Medical Devices Regulations 2002) or otherwise and all Content available through the Services is for general informational purposes only. Use of the Services, or communication with us via the internet, e-mail or any other means, does not create any doctor-patient relationship. If you have any health related questions, please call or see your doctor or other healthcare provider. You should never disregard medical advice or delay in seeking medical advice because of any Content presented on the Services, and you should not use the Services or any Content on the Services for diagnosing or treating a health problem. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, exercise, consultations, or training program. You agree that your athletic activities carry certain inherent and significant risks of bodily injury, death or property damage, and that you voluntarily assume all known and unknown risks associated with these activities.
9. CONTENT WHICH IS FITNESS-RELATED
The Content available through the Services may include training recommendations, and other media to help you meet your health, fitness, and wellness goals. You acknowledge and agree that Wictory is not a healthcare provider, personal trainer or fitness instructor and that the Services (including any recommendations and any information available through the Services that may appear to be personalized) may not be appropriate for you. Wictory is not responsible for any results that may or may not be obtained from the use of the Service.
10. PAYMENT OF FEES
a. Fees. You agree to pay (i) the Subscription Fees as described in this Agreement and during the purchase and payment process; and (ii) the non-refundable Initial Subscription Fee (as described above). Any payment terms presented to you in the process of obtaining your Subscription are deemed part of this Agreement and are incorporated herein by reference.
b. Billing. We may collect payments from you directly or we may use a third-party payment processor ( “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for your Subscription. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Subscription, you agree to pay us, either directly or through a Payment Processor, all Subscription Fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
d. Recurring Billing. The Subscription payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Subscription Fees have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY, DEPENDING ON YOUR SUBSCRIPTION) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS AT https://app.wictory.ai/dashboard/settings/subscription
e. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS AT https://app.wictory.ai/dashboard/settings/subscription IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY SUBSCRIPTION FEES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION AS SET FORTH ABOVE.
f. Auto-Renewal. The Subscription will be automatically extended for successive monthly renewal periods in the event you have purchased a monthly Subscription or successive 12 month periods in the event you have purchased a 12 or 24-month Subscription. In the case of an annual or 24-month Subscription we will notify you by email at least thirty (30) days prior to such automatic extension taking effect. To change or terminate your Subscription, go to Account settings at https://app.wictory.ai/dashboard/settings/subscription.
If you terminate your Subscription, you may continue to use your Subscription until the end of your then-current term and your Subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your Subscription before the end of the then-current term. Your Subscription cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Wictory will not refund any amounts that you have already paid.
g. Reaffirmation of Authorization. Your non-termination or continued use of your Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the Subscription.
11. DISCLAIMER OF WARRANTY
As a consumer, you have certain rights under law and nothing in this Agreement can, or is intended to, limit or remove these rights. We don’t exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so, including for faulty or misdescribed goods.
We have taken every reasonable care in the provision of the Services. However, except as stated in Section 18 and to the extent permitted under applicable law, the Services and Content are provided on an “as is” and “as available” basis without any express or implied warranties or conditions of any kind. We hereby disclaim all implied warranties and conditions to the fullest extent permitted by law, including, but not limited to, the warranty of merchantability, non infringement of third parties’ rights, and fitness for a particular purpose.
To the fullest extent permitted by law, we, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the content (including the user Content) or Services, including but not limited to accuracy, reliability, completeness, timeliness, or reliability.
To the fullest extent permitted by law, neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. Further, we make no warranty that the services will be available error free or that the services or the content are free of computer viruses or similar contamination or destructive features. If your use of the services or the content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs. You agree that your use the services and the content at your own risk.
12. AI TECHNOLOGY
a. AI Technology is new and evolving. Some AI Technology, including third party LLM made available through the Services, allow users to submit queries or other prompts, and the AI Technology will generate and return to your content, recommendations, data, or other information through the Services (“Output”).
b. You acknowledge and agree that, in addition to the limitations and restrictions set forth in this Agreement, there are numerous limitations that apply with respect to AI Technology and the Output it generates, including that (i) it may contain errors or misleading information and may not be accurate or reliable; (ii) AI Technology is based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content; (iii) AI Technology can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense; (iv) AI Technology does not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey; (v) AI Technology can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive; (vi) AI Technology can struggle with complex tasks that require reasoning, judgment and decision-making; (vii) AI Technology require large amounts of data to train and generate content, and the data used to train AI Technology may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output; and (viii) AI Technology-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.
c. You will use independent judgement and discretion before relying on or otherwise using Output. Output is for informational purposes only and is not a substitute for advice from a qualified professional.
d. To the fullest extent permitted by law, Wictory bears no liability to you or anyone else arising from or relating to your use of AI Technology.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WICTORY SERVICES, EVENTUALLY BUNDLED DEVICES AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED EUROS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In some jurisdictions, consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in this Agreement may not apply in whole or in part. We do not seek to exclude or limit our liability for death or personal injury caused by our negligence, or for any other liability that cannot be excluded or restricted by applicable law.
15. CHANGES TO SERVICES
The Services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services, but this is not always practical. Similarly, we reserve the right to remove any Content or User Content from the Services at any time, for any reason (including, but not limited to if someone alleges you contributed Content or User Content in violation of this Agreement), in our sole discretion, and without notice.
16. GENERAL
a. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction, provided we ensure such assignment does not affect your rights under this Agreement. This Agreement will inure to the benefit of our successors and permitted assigns.
b. Governing Law; Venue. This Agreement, and any disputes arising out of or in connection with them (including non-contractual disputes), are governed by Austrian law and you can bring legal proceedings in relation to the Services or this Agreement in the Austrian courts.
c. Severability. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
d. Non-Waiver. Failure by us to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
e. Entire Agreement. Except as expressly agreed by us and you, this Agreement, the Privacy Policy and any other terms presented to you on or before you create your Account and pay Subscription Fees constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
f. Headings. The section headings are provided merely for convenience and shall not be given any legal import.
g. Survival. All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Compensation, Disclaimer of Warranty and Limitation of Liability, and General.
h. Third Party Distribution Channels. Wictory offers software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
Wictory and you acknowledge that this Agreement is concluded between Wictory and you only, and not with Apple Inc. (“Apple”), and that as between Wictory and Apple, Wictory, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-exclusive, revocable, non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Wictory’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Wictory and you acknowledge that Wictory, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Wictory and Apple, Wictory, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Wictory at the website and phone number set forth in Section 17 of this Agreement.
Wictory and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
17. CONTACT
If you have any questions regarding the Services, please contact Wictory at support@wictory.com. Our mailing address is Wictory.ai FlexCo, Margaretenstrasse 22/12, 1040 Vienna, Austria
Business Register: FN 637570 d, Commercial Court of Vienna/Austria
VAT-No.: ATU81219227
Website: www.wictory.ai
18. WARRANTY AND RETURN POLICY
Our Thirty (30) Day Return Policy
If you are unhappy or unsatisfied with your Wictory Subscription, eventually bundled Device or the Services you may cancel your Subscription and return your bundled Device (at your own cost) for any reason within thirty (30) days of receipt of your bundled Device for a full refund of the Initial Subscription Fee (which will be paid via your original payment method), less return shipping costs.
In order to receive your refund you must request a return within thirty (30) days of receipt in case of a bundled Device.
Below are instructions on how to return your Device and receive your refund.
RETURN PROCEDURE
To request a return, you must contact Support at return.wictory.com, at which point a return shipping label will be provided to you. Once you have requested your return, you are eligible for a refund of the Initial Subscription Fee, less return shipping costs, as long as the Wictory Device is received within thirty (30) days from the date you requested the return.
To cancel your Subscription within the thirty (30) days of receipt of the bundled Wictory Device in order to receive your refund, you must return the bundled Wictory Device in the manner described above. If you do not return the bundled Wictory Device within that 30-day period, the refund will not be applied.
Once the 30-day period has passed, you may still return the bundled Wictory Device, but you will not receive a refund for all or any portion of your Initial Subscription Fee. While you may still cancel your Subscription at any time, the cancellation of the Subscription after the 30-day period has passed will not go into effect until the end of the initial subscription period. You may discontinue your use of the Subscription and Services at any time.
Once a return is requested, Wictory will cancel the Account associated with the return. For the sake of clarity, you will not be able to use the Account associated with the bundled Wictory Device that was returned.
Once a Wictory bundled Device is returned, we reserve the right to refurbish this Device for sale or for the Wictory bundled Device to be sold as a replacement Device.
The foregoing return policy is in addition to (and not in place of) your consumer cancellation right that enables you to cancel your Subscription and receive a refund of your Initial Subscription Fee within fourteen (14) days after the date on which you entered into this Agreement. If you wish to exercise your consumer cancellation rights, simply notify us using the details provided in Section 17. If you cancel your Subscription pursuant to your statutory rights, you must return the Wictory bundled Device to us within fourteen (14) days. In case your Initial Subscription Fee has included the cost of the Wictory bundled Device and therefore if you do not return the Wictory bundled Device (in the same condition it was in when delivered to you and with original packaging and labels), Wictory may charge you a restocking fee of €250 EUR for the Polar 360 Device and €400 EUR for the Oura Ring in your local billing currency (“Restocking Fee”) or may deduct an amount equal to the Restocking Fee from the refund of the Initial Subscription Fee.. You are responsible for your costs of returning your Wictory Device to us when exercising this right.
Lifetime Warranty. Wictory warrants that your Wictory bundled Device are free from defects in materials or workmanship for as long as you have an active subscription with no outstanding balance or any unpaid fees (such period, the “Warranty Period” and such warranty, the “Lifetime Warranty”). If your Wictory bundled Device is defective during the Warranty Period, Wictory will provide the necessary replacement, subject to the conditions below, at no additional charge. Wictory is not responsible to repair or replace your Wictory bundled Device if you violate this Lifetime Warranty. This Lifetime Warranty is non-transferable.
To be eligible for the Lifetime Warranty, you must:
– Have an active Subscription with no outstanding balance or any unpaid fees; and
– Have a valid Payment Method on file should a Restocking Fee be charged (as Wictory is currently unable to process Payment Methods over the telephone); and
– Have purchased the device directly from Wictory or Wictory-approved partners.
THE LIFETIME WARRANTY DOES NOT COVER:
– Lost Wictory Devices(s);
– Damage or failure through misuse or malfunction, normal wear and tear, improper or negligent use, improper or abnormal use, or any use contrary to instructions provided by Wictory;
– Damage or failure due to accident, acts of God, unauthorized commercial use, abuse, neglect, theft, unusual atmospheric conditions;
– Cosmetic damage;
– Any unauthorized modification to the Wictory bundled Device;
– Attempted repair by unauthorized persons or with any parts not originally intended for or compatible with the Wictory bundled Device; or
– Any alteration of the factory model name and/or serial number.
This Lifetime Warranty gives the purchaser specific legal rights. You may also have other rights which vary from state to state that may result in the change of this Lifetime Warranty.
For Wictory Support, please contact support.wictory.com
19. UPGRADE POLICY
Payment of a one-time-fee to upgrade or replace your Wictory bundled Device will not change the terms of your Subscription to the Services.
If an upgraded or replacement Wictory bundled Device is provided to you as part of a Subscription renewal offer then the new Subscription period will begin immediately upon purchase and remaining days in your current Subscription, if any, will be appended to your account.
20. FREE TRIALS
Wictory currently offers a free one-month trial period to all end users (a “Free Trial”) to allow the end user to try the Service and eventually a Wictory bundled Device before committing to one of the three Wictory Subscription options described in Section 1., 2. and 3. This Section 20 sets forth additional legally binding terms and conditions that govern a Free Trial.
a. Registration. Users who select a Free Trial including a bundled Device will be able to use a Wictory bundled Device and associated access to the Services during the Free Trial period. The Wictory bundled Device included in a Free Trial may be either a new or pre-owned Device at the sole discretion of Wictory. Any pre-owned Wictory bundled Device provided as part of a Free Trial will have been thoroughly inspected and tested to ensure it is ready for use, but may have slight cosmetic damage such as minor scratches.
b. Subscription Commitment. All Free Trials will come with an associated 12-month Subscription, which shall automatically begin at the end of the Free Trial period unless the end user cancels their Wictory Trial and returns their bundled Wictory Device in accordance with Section 20(c) below. The user will be billed an upfront fee of the equivalent of a 12-month Subscription at the end of the Free Trial for a 12-month Subscription. Subscriptions will be subject to the autorenewal terms provided in Section 10(f) herein.
c. Cancellation and Returns. Registered Users may cancel their Free Trial and return the Wictory bundled Device at any time during the Free Trial period. Users who cancel their Free Trial during the Free Trial period must return their bundled Wictory Device within 7 days of cancellation (the “Return Period”). If a user does not activate their Free Trial within 60 days of receipt or return the bundled Wictory Device in accordance with these terms, the user will be charged the Restocking Fee. Users who return their bundled Wictory Devices during the Return Period will not be subject to any further fees or financial commitment to Wictory. For Free Trials, we will notify you 14 days prior to, 7 days prior to, and day of the end of your Free Trial.
d. Eligibility. Free Trials are available to all new end users in the European Union, United Kingdom, and Northern Ireland and the United States. Free Trials are subject to all other applicable terms and conditions set forth herein.
Free Trials are subject to all other applicable terms and conditions set forth herein.
Personal data are information relating to a person whose identity is or can be identified (e.g., name, contact information, invoice data, IP address).
wictory.ai FlexCo
Margaretenstrasse 22/12
A-1040 Vienna