Terms and Conditions

These Terms and Conditions (“Agreement”) govern the use of the products and services provided by Aiving SA (“Company”), including but not limited to the electronic devices, textile straps, and web application. By accessing or using any of these products or services, you agree to be bound by this Agreement.

1. Products and Services

1.1. Electronic Device: The electronic device includes two sensors, a charging case, and two textile straps. This device is designed to collect athlete performance data and transmit it to the web application for analysis.

1.2. Web Application: The web application provided by the Company allows users to view athlete performance data in a clear and intuitive manner. Access to the web application requires a subscription fee, which may be billed on a monthly or yearly basis.

2. Warranty and Returns

2.1. The electronic device is covered by a standard warranty in accordance with European law. For warranty claims and returns, please refer to the Company’s warranty and returns policy, which can be found on our website (https://aiving.ch/warranty-returns).

3. Subscription Fees

3.1. Access to the web application requires payment of a subscription fee. Subscription fees are billed either monthly or yearly, as selected by the user during the registration process. The payment plan can be changed at any moment through our website. Failure to pay the subscription fee will result in suspension or termination of access to the web application.

4. Data Privacy

4.1. The Company is committed to protecting user data in accordance with the General Data Protection Regulation (GDPR). By using our products and services, you consent to the collection, processing, and storage of your personal data as described in our Privacy Policy (https://aiving.ch/privacy-policy).

5. Prohibited Activities

5.1. Users are prohibited from reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the electronic device or web application. Any unauthorized attempt to access or tamper with our products or services may result in legal action.

6. Intellectual Property

6.1. All intellectual property rights related to the electronic device, web application, and associated software are owned by the Company. Users are granted a limited, non-exclusive license to use our products and services for their intended purposes only.

7. Jurisdiction

7.1. This Agreement shall be governed by and construed in accordance with the laws of Switzerland. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in Lausanne.

8. Amendments

8.1. The Company reserves the right to amend or modify this Agreement at any time. Any changes will be effective immediately upon posting on our website. Continued use of our products and services after such changes constitutes acceptance of the revised Agreement.

Contact Information

If you have any questions or concerns about this Agreement, please contact us at legal@aiving.ch.

Additional Terms and Conditions for the 2024 Aiving Pre-Order Program

26 June 2024

1. Introduction

1.1. The following are the terms and conditions govern your participation in the 2024 Aiving Pre-Order Program (“APP”).

2. Eligibility

2.1. The APP is open to individuals residing in Switzerland, the European Union, United Kingdom, Canada and the United States of America.

3. Pre-Order Process

3.1. To place a pre-order, visit our website, select delivery in Switzerland or Outside of Switzerland, and provide the necessary information.

4. Payment Terms:

4.1. The following are the details regarding payment for the APP:

4.1.1. Price: The pre-order price is CHF 250 / 300 €, including taxes. Unless otherwise notified, this payment secures your order for the APP device you have selected.

4.1.2. Payment Methods: We accept credit card, PayPal, and other specified methods.

4.1.3. Timing of Payment: Full payment is due at the time of placing the pre-order.

4.1.4. Final Payment: Aiving will notify you few weeks ahead of intended launch date. You will be required to make the final payment for the of CHF 133.99 / 147.99 €, including taxes. This reflects the discount of included within your APP offer.

5. Product Availability and Delivery

5.1. Estimated Delivery Date: Orders are expected to ship by 15 November 2024.

5.2. Delivery Methods: Products will be shipped via our selected provider, and shipping fees is free as part of the APP.

5.3. Delay and Notification: We will notify you of any delays via email.

6. Cancellation and Refunds

6.1. Cancellation Policy: You may cancel your pre-order within 14 days of payment for a full refund.

6.2. Refund Policy: Refunds will be processed within 30 days of cancellation.

7. Product Specifications

7.1. The product specifications are detailed on our website. Specifications may change, and significant changes will be communicated via email.

8. Liability

8.1. We are not liable for delays or changes due to unforeseen circumstances. Our liability is limited to the amount paid for the pre-order.

9. Miscellaneous:

9.1. Entire Agreement: These additional terms combined with Aiving’s standard terms and conditions constitute the entire agreement between you and us for the APP.

9.2. Amendments: We may amend these terms by posting updated terms on our website.

By placing a pre-order, you agree to these terms and conditions.