Terms of Service

Acceptance of Terms

Welcome to ultranovae d.o.o. ("ultranovae", "we", "our", or "us"). These Terms of Service ("Terms") govern your use of our website located at ultranovae.world and our gym equipment analytics software and related services (collectively, the "Service") operated by ultranovae.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

We reserve the right to update and change these Terms from time to time without notice. Any new features that augment or enhance the current Service shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.

Description of Service

ultranovae provides gym equipment usage analytics software designed to monitor, analyse, and optimise fitness facility operations. Our Service includes:

• Real-time equipment monitoring and usage analytics
• Predictive maintenance capabilities
• Member behaviour analysis and facility optimisation tools
• Custom reporting and dashboard solutions
• Related consulting and support services

The specific features and functionality available to you depend on your subscription plan and service agreement.

User Obligations

By using our Service, you agree to:

• Provide accurate and complete information when creating an account or using our services
• Maintain the security of your account credentials and promptly notify us of any unauthorised access
• Use the Service only for lawful purposes and in accordance with these Terms
• Not interfere with or disrupt the Service or servers or networks connected to the Service
• Not attempt to gain unauthorised access to any portion of the Service or any other systems or networks
• Not use the Service to transmit any harmful, offensive, or illegal content
• Comply with all applicable laws and regulations in your use of the Service
• Respect the intellectual property rights of ultranovae and third parties

You are responsible for all activity that occurs under your account and for ensuring that your use of the Service complies with these Terms.

Account Registration and Security

To access certain features of our Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password and for all activities that occur under your account. You agree to immediately notify ultranovae of any unauthorised use of your account or any other breach of security.

We reserve the right to refuse service, terminate accounts, or cancel subscriptions in our sole discretion, particularly if we believe that your conduct violates applicable law or is harmful to the interests of ultranovae or other users.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of ultranovae and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the Service strictly in accordance with these Terms. This licence does not include any resale or commercial use of the Service or its contents, any derivative use of the Service or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.

You retain ownership of any data, content, or materials you provide to the Service ("User Content"), but you grant ultranovae a licence to use, store, and process such User Content as necessary to provide the Service.

Data Protection and Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree that we can use such data in accordance with our Privacy Policy.

We implement appropriate technical and organisational measures to protect your personal data against unauthorised access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure.

You are responsible for ensuring that any personal data you provide to us or process through our Service is collected and processed in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

Service Availability and Modifications

We strive to provide reliable and continuous access to our Service, but we do not guarantee that the Service will be available at all times. The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

We will make reasonable efforts to notify you of any significant changes to the Service that may materially affect your use of the Service.

Payment Terms and Subscriptions

Certain aspects of the Service may require payment of fees. You agree to pay all applicable fees as described in your service agreement or as otherwise communicated to you. All fees are non-refundable unless otherwise specified in your service agreement.

For subscription services, fees are charged in advance on a recurring basis. You authorise us to charge your chosen payment method for these recurring fees. If your payment method fails or your account becomes past due, we may suspend or terminate your access to the Service.

We reserve the right to change our fees at any time, but we will provide you with reasonable advance notice of any fee changes.

Limitation of Liability

To the fullest extent permitted by applicable law, ultranovae shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

In no event shall ultranovae's total liability to you for all damages, losses, and causes of action exceed the amount you have paid to ultranovae in the twelve (12) months immediately preceding the event giving rise to such liability.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

The Service is provided on an "as is" and "as available" basis. ultranovae makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, or materials included therein.

Indemnification

You agree to indemnify, defend, and hold harmless ultranovae, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party

This indemnification obligation will survive these Terms and your use of the Service.

Governing Law

These Terms shall be interpreted and governed by the laws of the Republic of Slovenia, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Ljubljana, Slovenia, and you hereby consent to personal jurisdiction and venue therein.

If you are a consumer residing in the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable consumer protection laws.

The European Commission provides an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/. We are willing to participate in alternative dispute resolution procedures.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

You may also terminate your account at any time by contacting us or by using the account termination features available in the Service. Upon termination, we will cease providing the Service to you, but some provisions of these Terms will survive termination.

All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Contact Information

If you have any questions about these Terms of Service, please contact us: