User Agreement

Anyone who is eligible to use the Products must sign the user agreement to acknowledge their understanding of the Terms. If you are below the age of 18, a user agreement shall be signed by your parents, or legal guardians who have the right, authority, and capacity to enter into these Terms on behalf of you.

Eligibility of Users

The Products may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. Any individuals with special health conditions shall not use the Products unless approved by doctors, including but without limitation:

• Physical injuries
• Chronic diseases
• Heart conditions
• Pregnancy
• Respiratory diseases
• Chest pain
• Loss of balance because of dizziness or loss of consciousness
• Bone or joint problem
• Having prescription medicine for blood pressure or heart condition
• Feeling unwell because of temporary illness

Hardware Installation

The Products shall be installed by professional staff of or qualified personnel appointed by V360 to ensure proper installation. V360 is not responsible for any losses, personal injuries or damage to the Products arising directly or indirectly from or in connection with or consequential upon or incidental to any kind of addition, alteration or modification to or otherwise tamper with the Products by any other third parties other than professional staff of or qualified personnel appointed by V360.

User Content and Interactive Platform

Users may share certain contents including but without limitation, usernames, fitness data, visual and audio recordings, and analysis diagrams (the “User Contents”), on an interactive platform (the “Platform”). Users expressly understand and agree that the User Contents they share or post may be seen, copied and/or used by others and users are solely responsible for their own use of the Products and Platform at their own risk.

Users shall not use the Products or Platform to do or share anything that:

• violates the Terms, Privacy Policy Statements or any other terms and policies applicable to the use of the Products;
• is unlawful, discriminatory or fraudulent (or assists any other third party in using the Products in such a way);
• users have no rights to do or share; or
• infringes or violates the rights of any other third party, including their intellectual property rights

Acceptable Use of the Products and Platform

You agree that your use of the Products, including the posting of User Contents on the Platform, will not violate any law, contract, intellectual property or other third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct while using the Products and Platform. You further agree not to:

• Use the Products and Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Products and Platform, or that could damage, disable, overburden or impair the functioning of the Products or Platform in any manner;
• Attempt to reverse engineer any aspect of the Products or Platform 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 the Products or Platform (except as otherwise expressly permitted by law); or
• Develop any third-party applications or creative derivative work that interact with User Contents, the Products or Platform without our prior written consent.

Data Privacy

We respect your legal rights in connection with your personal data (as defined in the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong)) (the “Ordinance”) and are committed to fully implementing and comply with the data protection principles and all relevant provisions of the Ordinance. Please refer to our Privacy Policy Statement which may be amended from time to time for further details. You agree to be bound by the terms of our Privacy Policy Statement, including the use of personal data by us in accordance with the Privacy Policy Statement.

You represent and warrant that all information provided to us has been lawfully collected and provided in accordance with applicable data protection and privacy collection and all required consents have been obtained.

Ownership

We own the Products including all related intellectual property rights. V360 reserves all rights not expressly granted in the Terms. Rights to access or use the Products do not give any third party any right to implement V360’s trademarks, patents or other V360’s intellectual properties.

The Products may permit users to display, share, retrieve and store User Contents. V360 claims no ownership or control, takes no responsibility for or assumes no liability for any User Contents posted, share, stored or uploaded by you or any third party. You agree to grant us a non-exclusive, transferrable, sub-licensable, royalty-free and worldwide licence to use, distribute, modify, copy, publicly perform, display, process or create derivative works of the User Contents for any purposes that is consistent with our Privacy Policy Statement without any obligation or compensation to users.

The Products and Platform may contain links to other sites and pages maintained or operated by other third parties. These third-party websites may have their own privacy policies and procedures which might not be bound by the Terms and our Privacy Policy Statement. We make no representation or warranty regarding the accuracy, timeliness, suitability or any other aspect of the information and content on such websites. The protection of your personal data privacy and your exposure to cookies on such websites are not our responsibility. Access to and use of such third-party websites is at your own risk and subject to the terms and conditions applicable to such websites. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your personal data.

Disclaimer of Warranties and Limitation of Liability

Use of the Products and Platform is at your own risk. No oral or written information or advice given by V360, its agents, officers, employees representatives creates any kind of representation, warranty or undertaking. The Products are provided on an “as-is” basis without a warranty of any kind. V360 disclaims all warranties with respect to the product, express or implied, including, without limitation, any warranty of non-infringement, or the implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by applicable law, no liability shall attach to V360, its affiliated companies, agents, officers, employees or representatives, licensees and contractors either in contract, tort or otherwise for loss (including but without limitation loss of profits, earnings, reputation, goodwill and loss of work), injury or damage sustained by the users arising directly or indirectly from or in connection with or consequential upon or incidental to the delivery, presence, use, misuse, non-use, collection or return of the Products and Platform or any part thereof, or as a result of any defect or problem in or malfunctioning of the Products or in relation to any fitness, quality, design, condition, repair, merchantability, functioning or performance of the Products, or of the material or workmanship thereof, no matter how caused or occasioned, and whether such defect or problem or malfunctioning be latent or apparent at the time the Products are received, accepted or examined, save and except where any such injury or death is caused by the negligence of V360. V360’s aggregate liability in contract and in tort (including negligence) or under any applicable law for any loss, liability or damage suffered by the users or any other person that may arise from or in connection with the use of the Products and Platform shall be limited to, at V360’s discretion, either the amount paid by the users for the use of the Products or a replacement of the Products.

Indemnification

You shall at all times and in all aspects indemnify and hold harmless V360, its affiliated companies, agents, officers, employees or representatives against and from any and every claims, proceedings, demands, actions, damages, losses and expenses (including but without limitation legal expenses and disbursements) whatsoever in respect of any loss, injury or damage to any person or property arising directly or indirectly from or in connection with or consequential upon or incidental to your use of or any other matter relating to the Products (including the Platform) save and except where any such injury or death is caused by the negligence of V360.

General Provisions

The Terms may change from time to time at the sole and absolute discretion of V360 without prior notice. If at any time any provision of the Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity, enforceability in that jurisdiction of any other provision of the Terms. The Terms is governed by and shall be construed in accordance with the laws of the Hong Kong. You irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong in respect of any dispute arising out of or in connection with the Terms. No one, other than the parties to the Terms of Use, whether under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) or otherwise, shall have any right to enforce any terms herein but this does not affect any right or remedy of a third party which is provided hereunder.