Terms of Use

Last Update: August 2023

These Terms of Use (“Terms”) apply to your access to and use of the website, mobile applications and other online products and services (collectively, our “Services”) provided by 7 Watt per Kilo Sàrl, a Swiss company with its principal place of business in Lausanne, Switzerland, and operating in particular the application Overvam. (“7 Watt”, “we”, “us” or “our”). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, do not access or use our Services.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise. If you are accessing or using our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity's behalf, and that such person or entity will be responsible to us if you violate these Terms.

If you have any question regarding the use of our Services, please contact us.

1. Eligibility, Registration and Account

By using our Services, you represent and warrant that you (a) are 18 years of age or older or that your legal representative allows you to use our system, (b) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (c) will not offer create sport activities or any other services from more than one overvam account without our express permission, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

In order to access or use certain areas and features of our Services, you may need to register for an account. By registering for an account, you agree to (i) provide accurate, truthful, current and complete account information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device; (iv) promptly notify us if you discover or otherwise suspect any security breaches related to our Services or your account; and (v) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

2. Communications Preferences

By creating an overvam account, you consent to receive electronic communications from us (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications.

3. Our Services Offers

Our Services offers tools to every cyclist or runner who wishes to optimize his/her power-to-weight ratio, integrating training and nutrition so that he/she can improve his/her VAM (Average Ascensional Velocity).

We will differentiate between the premium users and the free users according to the usage of our services. A user can be one or several types of users according to his usage of our services.

7 Watt: (a) does not employ, recommend or endorse any users and has no control over the acts or omissions of any users; (b) is not responsible or liable in any manner for the performance or conduct of any users or other third parties online or offline; (c) makes no representations or warranties about the quality of the services provided by any user or about your interactions or dealings with other users except as expressly stated on our Services; and (d) does not screen users or conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on or in our Services. Regardless of whether we screen users or performs a background check, you should exercise caution and perform your own screening before connecting or meeting with any other user through our Services, entering into a contract or agreement with any other user or obtaining any services. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other users, including any acts or omissions of users online or offline. All use of our Services is at your sole and exclusive risk.

4. Payment Terms

If you choose to subscribe to any of our enhanced, paid services like our Premium Users Subscriptions, these are the payment and billing terms that apply. Paid services and billing may auto-renew unless you cancel. You may cancel at any time.

4.1 Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your overvam account, you can do so at any time by logging into your account and editing your payment information.

4.2 Refunds

There are no refunds for termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due time, regardless of whether or not you actively use the Premium Service.

5. Copyright and Limited License

Unless otherwise indicated in writing by us, our Services and all content and other materials on our Services, including the overvam logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of 7 Watt or our licensors or users, as applicable, and are protected by Swiss and international copyright laws.

Subject to these Terms, you are granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use our Services and Service Materials. However, such license is revocable at any time and does not include any right to: (a) sell or resell our Services or the Service Materials; (b) collect and use any service listings, pictures or descriptions; (c) distribute, publicly perform or publicly display any of the Service Materials; (d) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by us in writing; or (g) use our Services or the Service Materials in violation of these Terms or for any purposes other than their intended purposes. Your right to use our Services and the Service Materials is conditioned upon your use of our Services and the Service Materials in accordance with these Terms. Accordingly, any use of the Services or the Service Materials other than as specifically authorized in these Terms, without the prior written permission of 7 Watt, will automatically terminate the license granted above. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except for the license granted above, no additional rights are granted and nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Notwithstanding anything to the contrary in these Terms, our Services and the Service Materials may include software components provided by us or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

6. Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify us as set forth below.

7 Watt per Kilo Sàrl
Avenue Tissot 2
1006 Lausanne
Switzerland

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of 7 Watt’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

7. Trademarks

“Overvam,” the overvam logos and any other product or service name or slogan contained on our Services are trademarks of overvam and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission or the applicable trademark holder.

You may not use any metatags or any other hidden text utilizing “overvam” or any other name, trademark or product or service name of 7 Watt without our prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of 7 Watt and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by 7 Watt.

8. Third-Party Content

Our Services may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social “widgets” (collectively, “Third-Party Content”). 7 Watt does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on our Services does not imply affiliation, endorsement or adoption by us of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on our Services. When you navigate away from or otherwise leave our Services, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate to from our Services.

9. User Content and Interactive Areas

Our Services include interactive areas and features (“Interactive Areas”) that allow you or other users to create, post, share or store text, photos, videos and other materials (collectively, “User Content"). In the event you decide to share your User Content with others through our Services or third-party platforms, you understand that this User Content will be viewable by others. You are solely responsible for your User Content and for your use of any Interactive Areas.

You will not post, upload to, transmit, distribute, store, create or otherwise publish or send through our Services any of the following:

• User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party;
• User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information without that person’s permission;
• User Content that impersonates or misrepresents your affiliation with any person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Services, or which may expose 7 Watt or its users to any harm or liability of any type.

7 Watt does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage to such User Content. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of our Services and the Interactive Areas and use them at your own risk.

10. Rights to User Content

We claim no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and us. However, if you submit or post User Content to our Services, unless 7 Watt indicates otherwise, you grant us a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully-paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in any media format and channel now known or later developed without compensation to you, including in connection with our marketing and promotional activities. You further grant us and our sublicensees the right to use the name that you submit in connection with User Content, if they choose.

By submitting or posting User Content to our Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content on our Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with our Services, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.

11. Acceptable Use of Our Services

Your use of our Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and you are solely responsible for your conduct while on our Services. You will not:

• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
• Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any services for any purpose unless we have provided written permission to do so;
• Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages;
• Attempt to reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Services (except as otherwise expressly permitted by law);
• Access, use or attempt to access or use another's account without authorization from such user and 7 Watt;
• Develop any third-party application that interacts with User Content or our Services without our prior written consent;
• Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access out Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our Services;
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

12. Feedback

Separate and apart from User Content, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding our Services or 7 Watt (collectively, “Feedback”). Feedback is non-confidential and will become our sole property. We will own, and you hereby assign to us, all right, title, and interest, including all intellectual property rights, in and to such Feedback, and 7 Watt will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by us to confirm such assignment to us.

13. Indemnification

You will defend, indemnify and hold harmless 7 Watt, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “7 Watt Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services.

14. Disclaimers

We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including User Content.

Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, 7 Watt does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While 7 Watt attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

15. Limitation of Liability

15.1 Safety First

We care about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any training and/or nutrition programs (“Programs”). By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in the Programs (we recommend undergoing a thorough medical examination and, if deemed necessary by your physician, complete blood tests), or any of the related activities made available to you in connection with the Services. You will undergo physical exercise under your direct and sole responsibility. Further, you agree, represent and warrant that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone’s condition and abilities are different, and participating in the Programs and other activities promoted by our Services is at your own risk. If you choose to participate in the Programs and these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. The Programs and other activities promoted by the Services may pose risks even to those who are currently in good health. You should be aware that some foods recommended in the Programs may contain gluten or other ingredients to which you may be allergic or intolerant and that it is your sole responsibility to check the ingredients of the food before consumption.

15.2 Not Medical Advice

Any and all services provided by, in and/or through the Services (including but not limited to Content) are for informational purposes only. 7 Watt is not a medical professional, and does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND US.

15.3 Exclusion and Limitation of Liability

You expressly agree that your athletic activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injury, illness, or damages sustained from your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services even if caused in whole or part by the action, inaction or negligence of 7 Watt or others.

The total liability of 7 Watt and the other 7 Watt Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (a) the amount paid, if any, by you to access or use our Services or (b) CHF100.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of 7 Watt or the other 7 Watt Parties.

16. Termination

7 Watt reserves the right, without notice and in its sole discretion, to terminate your license to access and use our Services and to block or prevent your future access to and use of our Services.

17. Changes to These Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

18. Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to and use of our Services and your order, receipt and use of products or services made available through our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and 7 Watt’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

19. Privacy

By using any of our Websites, you acknowledge irrevocably that you have read and that you do accept our Privacy Policy. You consent to the processing of your personal data by 7 Watt and/or its assignees in accordance with that Privacy Policy Statement.

20. Applicable law and Jurisdiction

These Terms are governed by the laws of Switzerland. All disputes arising out of or in connection with these Terms shall be subjected to the exclusive jurisdiction of the courts of 7 Watt’s place of business. However, we may seek emergency relief before any competent court or tribunal in the event of a breach or anticipated breach.