The Moveo App (Moveo) is a mobile app offered by Divs Neuroinformatics d.o.o. (Divs) through an app store.
These terms of use apply to Moveo. These Terms of Use shall apply exclusively;
no other terms and conditions shall become part of the contract, even if we do not expressly object to them.
The currently valid terms of use can also be accessed and printed out at https://web.divstechnology.com/tos.html
Moveo is an app that allows users to expand and improve their wellbeing through
movement tests and by following recommended general tips. The movement tests are providing
Moveo score. Moveo score is used to evaluate your movement and based on that score and other answers
to different questions, integrations from different apps, Moveo will provide you actionable items in order
to improve your wellbeing. Moveo score and Moveo app is not medical device - the only purpose of Moveo is
to educate and inform user about movement score that is derived based on specific characteristics of movement
usually unnoticed by user.
The scope of the provision of Moveo is to allow users to use Moveo apps with no limitations (scope of use).
Moveo offers free trial period, after which Moveo app requers subscription in order to be fully functionable.
The user is granted the non-exclusive, non-transferable and non-sublicensable right to use Moveo within the
selected scope of use in accordance with these terms of use.
The use of the app requires the possession of a suitable smartphone and to harness full potential of Moveo,
user is required to have wearable device such as Apple Watch. Please find out whether the hardware and software
you are using allows you to use Moveo. Additional terms and conditions of use or general terms and conditions
may apply to the user on the part of the smartphone provider.
The performance descriptions as well as our statements and explanations on advertising materials, websites as
well as in documentation are to be understood exclusively as descriptions of the quality and not as a guarantee
or assurance of a property.
In order to use Moveo, registration is required. In principle, persons over the age of
18 are entitled to register. Underage users may only register if they are at least 14 years old
and their legal representatives have given their consent. Divs is entitled to make the use of the
services dependent on suitable proof of identity, the age of majority or the consent of the legal representatives.
Registration with Moveo is free of charge. There is no obligation to subscribe for a paid subscription.
With the registration, a contract is concluded with Divs Neuroinformatics d.o.o. for a limited, free use of
Moveo. The costs for mobile internet use are based on the rate of the provider used.
The free use of Moveo includes full scope of service for limited time and after that time, limited scope of
services.
An email address and a password of your choice can be used for registration or registration with third party such
as Apple. The registration is possible after downloading the app.
In order to be able to use the services of Moveo to the full extent, a
paid subscription can be taken out after registration.
The paid subscription offers access to all scope of usages covered by a free registration.
The access to the respective services is valid as long as the subscription exists.
One variant is available for the paid subscription:
The contract for a paid subscription can be concluded via our iOS app. To do this,
the desired option must be selected within the app, whereupon a pop-up appears. The
user must enter his password for the third-party app store here. A pop-up then appears
in which the purchase of the subscription must be confirmed once again. The purchase process
can also be cancelled here. A confirmation of receipt should then be sent by the third-party app store.
Payment is made through Apple’s in-app purchase process.
A Moveo paid monthly subscription can be cancelled free of charge within 14 days of conclusion.
The revocation only applies to the conclusion of new contracts. Revocation is not possible for contract extensions.
Revocation can be exercised by following the steps below:
The free registration is valid from the time of registration according to para. 3.
of these terms of use for an unlimited period.
The contract for a paid subscription is valid for at least the duration of the originally selected
term and is automatically renewed if it is not cancelled at least 24 hours before the end of this time.
The subscription term shall be extended in accordance with the subscription model previously used.
Cancellation can be done through the iTunes preferences. Cancellation of the paid subscription will
take effect on the day following the last day of the subscription period. After that, Moveo is again
usable to the extent of the free registration.
The right to set-off exists only for such claims that are undisputed or legally established. Users may only exercise a right of retention insofar as it is based on the same contractual relationship.
It is prohibited to perform or promote actions that serve or are suitable to impair the functionality and/or integrity of the app, in particularto overload, interfere with, interrupt or change it, as well as to perform actions that enable or promote reverse engineering or decompiling of data or functions. The User is prohibited from using viruses or other programs containing malware in connection with the Software.
Your warranty claims in the event of defects shall be governed by the statutory provisions.
The user is aware that, despite the greatest care and diligence, program errors and system-immanent
malfunctions cannot be ruled out with certainty according to the current state of the art. In particular,
maintenance, security or capacity issues as well as events beyond the control of Divs (such as disruptions
to public communication networks, power failures, force majeure, etc.) may lead to a loss of use. It is also
not possible to use software or services that detect every existing malware (virus, malware etc.). Therefore,
even with a properly running system, no 100% availability of a service can be guaranteed. The hardware, software
and technical infrastructure used by the user can also have an influence on our services. Insofar as such circumstances
have an influence on the availability or functionality of the service provided, this has no effect on the contractual
conformity of the services provided.
Divs endeavours to keep the app accessible at all times, but makes no guarantees or warranties in this regard.
There is no claim to constant availability, reliability, functionality or suitability of
the app for the user’s purposes.
Trademarks, domains, names and licenses of Divs are protected by intellectual property rights and copyright laws. The user is prohibited from distributing and/or publicly reproducing these or other contents and information of Divs or the app (in particular user data, texts, logos, images, diagrams, graphics, evaluation results, etc.) or transferring them to external systems and/or databases, unless this distribution and public reproduction is intended within the scope of the intended use of the app
Divs shall be liable for damages in cases of intent or gross negligence based on a breach of duty by Divs, one of its representatives or its vicarious agents, as well as in cases of negligent injury to life, limb or health in accordance with the statutory provisions. Otherwise, liability shall only exist in accordance with the Product Liability Act, due to the culpable breach of essential contractual obligations (cardinal obligations) or insofar as a defect was fraudulently concealed or a guarantee for the quality was assumed. The claim for damages for the culpable violation of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless another of the cases listed in sentence 1 or sentence 2 is given at the same time. Insofar as liability is excluded or limited, this shall also apply to the personal liability of the shareholders, employees, representatives and vicarious agents of Divs.
In the event of a disagreement about our contract, we will endeavour to resolve it amicably with you. Furthermore, we are not obliged to participate in any dispute resolution procedure and do not participate in any dispute resolution procedure before a consumer arbitration board.
Contracts concluded under these General Terms and Conditions shall be governed by laws of Republic
of Serbia to the exclusion of the provisions of the United Nations Convention on Contracts for the
International Sale of Goods (CISG, “UN Sales Convention”). This choice of law shall not affect mandatory
consumer protection provisions of the country in which you have your habitual residence.
Should any of these provisions be or become invalid, this shall not affect the validity of the remaining
provisions.
Divs may amend and/or update these Terms & Conditions with effect for the future if this is necessary for
technical, economic or legal reasons.
July 2023