ULTRAX TECHNOLOGIES d.o.o., Mače 2A, Mače, Croatia (referred to as either “Ultrax”, “the Company”, “We”, “Us” or “Our” in this Agreement) provides a cloud- based solution for data management, aggregation and analysis that enables athletes' performance optimization and personal development by providing better insights from collected data and expert system recommendations over the Internet on certain Internet-connected computers and other devices (“Ultrax ready device”) as a Service (as defined in Our Privacy Policy (https://www.ultrax.ai/privacy/) These Terms of Use govern your use of our Service. As used in these Terms of Use, “Service” means the personalized Service provided by Us, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with Our Service.

Subscription

1. Your Ultrax subscription will continue until terminated. To use the Service you must have Internet access and a Ultrax ready device, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party or payment via bank transaction pursuant to Our invoice delivered to you by Us. Unless you cancel your membership before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method (see "Cancellation" below).
2. We may offer a number of subscription plans, including subscription offered by third parties in conjunction with the provision of their own products and services. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.

Promotional Offers.

1. Offers. We may from time to time offer special promotional offers, plans or subscriptions (“Offers”). Offer eligibility is determined by Ultrax at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Ultrax subscription to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

Billing and Cancellation

1. Billing Cycle. The subscription fee for the Service will be charged to your Payment Method on monthly basis, not later than 15 th day in the current month for the previous month with maturity date of 15 days. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the Service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the https://www.ultrax.ai/ website and click on [Products and Pricing section] or [insert link with Products and Pricing].
2. Payment Methods. To use the Ultrax Service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
3. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page or by sending details directly to us via email on info@ultrax.ai. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
4. Cancellation. You can cancel your Ultrax subscription at any time, and you will continue to have access to the Service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Ultrax content. To cancel, go to the "Account" page and follow the instructions for cancellation or send us an email on info@ultrax.ai. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page.
5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

Service

1. You must be at least 18 years of age to apply for the Service Minors may only use the Service under the supervision of an adult.
2. The Service and any content accessed through the Service are for your personal and non-commercial use only and may not be shared with individuals beyond your household/organisation. During your subscription we grant you a limited, non-exclusive, non-transferable right to access the Service and Ultrax content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.
3. You may access the Ultrax content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.
4. The Service, is regularly updated. In addition, we continually test various aspects of our Service, including our websites, user interfaces, promotional features and availability of Ultrax content.
5. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
6. The quality of the display of the Ultrax content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Not all content is available in all formats and not all subscription plans allow you to receive content in all formats. The minimum requirement for wireless connection is network that supports IEEE 802.11b standard; however, we recommend a faster connection for improved usability of the system with wireless network standards such are IEEE 802.11n and IEEE 802.11g. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
7. Ultrax software is developed by, or for, Ultrax and may solely be used for authorized streaming and to access Ultrax content through Ultrax ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Ultrax software and related third-party software.

Passwords and Account Access.

1. Access. The member who created the Ultrax account and whose Payment Method is charged (the “Account Owner”) is responsible for any activity that occurs through the Ultrax account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Ultrax ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Ultrax or our partners from identity theft or other fraudulent activity.

Miscellaneous

1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of Croatia. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
2. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the our Website or via email info@ultrax.ai. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.
3. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
4. Changes to Terms of Use. Ultrax may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you.
5. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

RIGHT TO COMPLAINT

In the event you are is not satisfied with our Service, you can submit written complaint via e-mail to us, on the address of the company seat that is indicated in the header of the Terms of Use.

We shall confirm the receipt of the complaint in written form without delay, and shall, accordant to the Consumer Protection Act, give Our reply to the complaint.

In the event the Your’s complaint is justified, You has the right to terminate the Service with the full reimbursement of the price paid for the Service or the right to replacement of the Service with a new, valid Service.

You can submit Your complaint also via European Online Dispute Resolution platform through following site: www.ec.europa.eu/consumers/odr with the use of the voluntary procedure for online dispute resolution.

We shall accept the return of the damaged, invalid or mistakenly received Service on Our own cost in the event the complaint is determined justified and You did not affect the damaging or disappearance of the goods.

In the event of justified complaint, the cost of replacement of the Service with new Service is entirely at Our cost.

TERMINATION OF SERVICE

Only consumers have the right to a unilateral termination which is described in detail below. In the sense of Consumer Protection Art, consumer is every natural person that makes a legal transaction or acts on the market outside their commercial, business, craft or professional activities.

Consumer can unilaterally terminate the contract without stating the reason within 14 days.

Consumer can realise their right to a unilateral termination of the contract by sending mail to the address of the company seat which is indicated in the header of the Terms of Use.

The subscription is considered terminated if you as consumer send notification on a unilateral termination of the contract within the previously stated deadline.

If You as consumer terminates the subscription, We shall, without delay, make the refund of all the sums received by You within sunscription, including the costs of the delivery (except any possible additional costs of delivery if You has chosen the mode of delivery that is not the cheapest standard delivery mode that We offer), within 14 days since the day We received Your notification on the unilateral termination of the subscription. The refund of the sum We received from You shall be executed in the same way that was used at the time of the first payment. If not explicitly agreed upon otherwise, You shall not be charged for the refund.

We can decline to do the refund until they receive the returned goods or until the evidence on the return of the goods has been delivered, depending on which of those sets in earlier.

You shall send without delay the returned goods to the Us, and no later than 14 days since the day We were notified on a unilateral termination of the subscription, to the address of the Company seat which is indicated in the header of the Terms of Use.

The goods are considered returned within the deadline if You have sent the goods before the expiration of the previously stated 14 day deadline.

You bear all the costs for the return of the goods.

You are obligated to compensate Us on any loss of the value of the goods, unless that loss of value is caused by handling those goods that is necessary to examine its quality, attributes and functionality.

UNILATERAL CONTRACT TERMINATION FORM

IF you wish to terminate the subscription, We are kindly asking you to fill this form and send it to the address of the company seat which is indicated in the header of the Term of Use:

I/we () am/are terminating the contract that I/we have concluded on the sale of the following goods () / providing following service (*).

• Day ordered () / day received ()
• Name and surname of the consumer
• Address of the consumer
• The signature of the consumer (only in the event the notification is delivered in the paper form)
• Date
• (*) Fill in the relevant data and delete everything that does not refer to you.
• In the event of any questions or doubts, contact our consumer support service via email: info@ultrax.ai.

We draw your attention to the following additional information:

In the event of any questions or doubts, contact our consumer support service via email: info@ultrax.ai.

We draw your attention to the following additional information: In the event of a unilateral termination of the contract, there is a possibility, exceptionally, that the reimbursement would be technically impracticable by the same mode in which you made the payment.

In that event we shall mutually arrange some other common mode of payment. In any event, you will have no further costs regarding the reimbursement.

MATERIAL DEFECTS OF THE PRODUCT

We are responsible for material defects of things they sell on their website accordant to the relevant regulation of the Republic of Croatia, especially the Civil Obligations Act.

On the reception of the goods, the inspection of correctness of the order depends on the You and You are obligated to compare the received articles with the receipt. In the event the existence of some incorrectness has been determined, they are obligated to send a written complaint to Us within eight days, because any afterward complaint will not be taken into consideration.

By rejecting to receive the goods, the delivery service shall return the package to the Us with the note stating its material defects.

If the product has a latent defect (the one that could not have been discovered by usual inspection at the time the delivery was received) which You identify while de- packaging the product – You have the right to a unilateral termination of the contract and reimbursement, replacement of the product, or removal of defects or reduction of the price.

By utilising Our Service, you accept these Terms of Use.

If you do not accept the Terms of Use, do not use these pages or order products/Services through them.

Our Website contains information on Our products/Services. We are not responsible for possible damage that occurs through the use of this website and the information from Our Website outside its intended purpose.

Last Updated:
September 29, 2022