UPOTENTIAL TERMS OF SERVICE

1. INTRODUCTION

These terms of use (these "Terms") govern your access to and use of the online mental fitness training services provided by Upotential AB (hereinafter "Upotential", "us", "our" or "we") through www.upotential.se (the "Service"). Please read these Terms carefully. By signing up for, or by using, the Service you agree to these Terms. If you do not agree to these Terms, you may not use the Service. Upotential's Privacy Policy ( https://www.upotential.se/privacy ) is hereby incorporated into these Terms by reference. Additional terms presented by Upotential may also apply to use of the Service, which terms are hereby incorporated into these Terms by reference.

2. AGE AND ELIGIBILITY REQUIREMENTS

To use the Service, you need (a) to be 18 years of age (if you are 16 or 17 years of age, you may use the Service if you have parent or guardian consent and your parent or guardian enters into these Terms on you behalf), (b) to be a resident of country in which the Service is made available to you and (c) to provide true and complete information about yourself when registering with us and you agree to keep such information updated and accurate.

3. SERVICE MEMBERSHIP PLANS

Upotential provides a number of different membership plans for use of the Service. Please see the sign-up section on the applicable Upotential website for updated specific information on the membership plans available and prices.

4. PAYMENT

4.1 Payment for the membership will be made monthly in advance. You will be charged automatically, through your chosen payment method, once every 30 days (starting on the date your membership is activated) unless your membership has been terminated by you or Upotential at such time. Your membership will be activated upon receipt by Upotential of your first payment.

4.2 Prices for a membership may be changed by Upotential at any time. Upotential will inform you of any price changes for your membership plan in advance with reasonable notice. By continuing to use the Service after the price change has taken effect, you will have accepted the new price. If you do not agree to the price change informed, you may reject the change by terminating your membership by notifying us prior to the price change taking effect.

4.3 Prices indicated include VAT. Prices do not include any data communication costs or fees, which may be charged by your internet or telecommunication service provider.

5. RIGHT TO WITHDRAW

During a 14-day period starting on the date your membership is activated, you will have a right to withdraw for any reason, in which case your membership will be cancelled. In case of such withdrawal, we will have the right to charge you the agreed price pro-rata for the time elapsed between activation of your membership and receipt by us of your notice to withdraw. If you wish to withdraw during the 14-day period, you may notify us of such withdrawal by using the Swedish Consumer Agency's ( Sw: Konsumentverket) form for such purpose, available at the Swedish Consumer Agency's website www.konsumentverket.se.

6. RESTRICTIONS AND USE OF THE SERVICE

6.1 Upotential's intention is that the Service offered shall consist in a variety of online mental fitness workouts to chose from. However, the Service offered may change from time to time, including that we may modify, suspend or cease providing part or all of the Service.

6.2 If you wish to cancel your attendance to a workout for which you have registered, such cancellation needs to be made by you no later than 2 hours prior to the start of the workout in question.

6.3 Upotential is not liable for any disruption to mobile networks or internet access. Upotential does not warrant that the Service is free from errors or interruptions.

6.4 For a list of the technical requirements for using the Service and the payment methods currently accepted by Upotential, please visit Upotential's website. Upotential reserves the right to modify the technical requirements for the Service and to add or remove payment methods at any time.

6.5 The Service may only be used by you for your personal and non-commercial use. You agree to keep your Service account and log-in information confidential. Your Service account and log-in information may not be shared with, or used by, anyone else.

6.6 Access to, and use of the Service, is subject to your compliance with these Terms.

6.7 You agree that you will not (a) copy, record, take a screenshot of, modify, create derivative works of, display, publish, distribute or otherwise make available to the public, for any purpose, the workouts or any part thereof or material therefrom or otherwise from the Service, (b) reverse-engineer, decompile or disassemble the Service, or any part thereof except to the extent permitted by applicable law, (c) circumvent or disable any content protection system, territorial restrictions applied by Upotential or digital rights management technology used by Upotential, or (d) remove or alter any copyright, trademark, or other intellectual property notices contained on any workouts material or other material provided by Upotential.

6.8 You are solely responsible for any expressions and content posted by you on, or in connection with, the Service. You agree not to make expressions or post any content, on or in connection with the Service, including the workouts, which (a) is offensive, abusive, defamatory, pornographic, threatening, obscene or is intended to or does harass or bully other persons, (b) is illegal, or intended to promote or commit an illegal act of any kind, or infringes any intellectual property rights, publicity rights or privacy rights, (c) involves commercial or sales activities or otherwise promotes commercial products or services such as advertising, promotions, contests or pyramid schemes. Upotential has the right to remove or disable access to any content or expressions on the Service at any time.

7. LIMITATION OF LIABILITY

7.1 The information and other content provided through the workouts and the Service are not intended, and should not be construed, as medical advice, care or treatment.

7.2 Upotential does not guarantee any health effects or fitness results or improvements as a result of the use of the workouts or the Service. Upotential shall not be responsible for any injury or damage to person or property resulting from the use of the workouts or the Service.

8. TERM AND TERMINATION

8.1 Your membership will automatically renew at the end of each 30-day period following the date on which your membership is activated, unless you terminate your membership by notifying us of such termination before the expiration of the then-current 30-day period. (For clarity, Upotential shall have the right to automatically charge you, through your chosen payment method, the monthly fee for the membership for the upcoming 30-day period, unless the membership has been terminated by you.) The termination will take effect the day after the last day of the 30-day period during with notice of termination was received by us, and we will not provide you with any refund for the period between notice of termination and termination taking effect, except as expressly set out in these Terms.

8.2 Upotential shall have the right to terminate your membership (including your use of the Service) for any or no reason, such termination to take effect on the day after the last day of the 30-day period during which you were notified of the termination.

8.3 Upotential shall also have the right to terminate, suspend or restrict your membership (including your use of the Service) with immediate effect if we have reason to believe that you (or anyone to whom you have allowed access to the Service or anyone using your account information) have breached any of these Terms.

9. CHANGES TO THE TERMS

These Terms may be changed by Upotential at any time. In case of any changes that is of a material nature and also is to your detriment, Upotential will inform in advance with reasonable notice of any such changes, e.g. by displaying a notice on the Service or by notifying you via e-mail, SMS or push notification. In some cases we will request for your consent to the change, and in some cases your continued use of the Service after the change has taken effect will constitute acceptance by you of the change. If you do not agree to the change informed, you may reject the change by terminating your membership by notifying us prior to the change taking effect.

10. CONTRACTING PARTY AND ASSIGNMENT

10.1 The Service is provided under these Terms by Upotential AB, reg. no. 559161-8672, with reg. address Östermalmsgatan 26A, 114 26 Stockholm, Sweden. To contact us, please send an e-mail to hello@upotential.se.

10.2 Upotential shall have the right to assign, in part or in full, its rights and obligations under these Terms to any third party.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 This Agreement shall be governed by and construed in accordance with the laws of Sweden.

11.2 In case of a dispute between you and Upotential, the parties should first make an attempt to resolve the dispute by agreement. If the parties fail to agree, the dispute may be referred to the Swedish National Board for Consumer Disputes (Sw: Allmänna Reklamationsnämnden), www.arn.se. Either party may also refer a dispute to general court (Sw: allmän domstol) in Sweden.

11.3 Furthermore, the EU-Commission provides a website for the purpose of assisting consumers and service providers to resolve disputes: http://ec.europa.eu/consumers/odr/.

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Version 1, last reviewed Feb 5 2022