Neumafit Terms Of Use

These Neumafit Terms of Use (the “Terms”) set forth the rights, obligations, and responsibilities of Neumafit Inc. (“Neumafit”, “we”, or other pronoun cases for “we”) and the users of services related to neumafit PACER, which includes the provision of the neumafit PACER device (the “Pacer”) and any associated firmware, applications, software, websites, and services (collectively with the Pacer, the “Neumafit Services”).
To the extent permitted by the laws in the jurisdiction where Users reside, by accessing or using any of the Neumafit Services, the Users acknowledges that they have read, understood, and agreed to be bound by these Terms.

1.DEFINITIONS

The capitalized terms as used in the Terms shall have the respective meanings ascribed to them below:
1. “App” refers to the mobile application named PACER App, developed for the Pacer and provided by Neumafit for both Android and iOS platforms.
2. “Member” refers to any User who has explicitly agreed to the Terms and has completed membership registration in the App.
3. “Neumafit Content” refers to any and all visual or auditory content, data, analytical results, coaching, recommendations, etc., that are generated, provided, or otherwise made available through the Neumafit Services.
4. “Non-Member” refers to any User who has not been approved as a Member.
5. “Relevant Laws” refer to any act, regulation, decree, rule, ordinance, or subordinate legislation currently in force in the Republic of Korea (“Korea”) or in the jurisdiction where the relevant User resides.
6. “User”, “you”, or other pronoun cases for “you” refers to any person accessing and/or using the Neumafit Services. A User may be a Member or a Non-Member.
7. “Website” refers to the official online site dedicated to the Pacer, operated by Neumafit at http://www.neumafit-pacer.com.
Any capitalized terms used but not defined herein, shall have the meaning ascribed under Relevant Laws. If nowhere defined, it shall take on the generally accepted meaning.

2.ACCEPTANCE OF TERMS

The Terms apply to any person intending to use the Neumafit Services. Accordingly, if you do not fully accept all provisions set forth in the Terms, you may not use any of the Neumafit Services.
The Terms will be made available in the App for the Users’ convenience, allowing them to easily access and review the Terms.
Neumafit reserves the right to revise the Terms from time to time, provided that such revisions comply with Relevant Laws (each a “Revision”).
For any Revision, Neumafit will publicly announce the effective date and the reasons for the revision, together with the existing Terms from at least 7 days prior to the effective date announced until the day just before (the “Notice Period”). Notwithstanding, in the event of a Revision unfavorable to the Members, an extended Notice Period of at least 30 days will apply.
Where Neumafit explicitly announces that consent will be presumed in the absence of an express rejection, Members will be deemed to have consented to a Revision if they do not express their rejection within the Notice Period.
Regarding Members who do not consent to the Revision, Neumafit may continue to apply the existing version of the Terms, unless there are justifiable grounds or unavoidable circumstances that prevent doing so, in which case, the Member must cease using the Neumafit Services and request termination of the User Agreement without undue delay.
Any matters not addressed herein, or the interpretation of the Terms, shall be governed by Relevant Laws or generally accepted practices.

3.PROVISION OF SERVICES

The Neumafit Services are intended for your personal, non-commercial use and enjoyment as permitted in the Terms.
The Neumafit Services encompass the following, which may change in accordance with Neumafit’s policies:
1. provision of analysis on the Users’ running efficiency based on metrics such as energy use, maximum oxygen intake, and lactate threshold;
2. provision of personalized training tailored to different running styles, such as artificial intelligence-assisted live coaching services; and
3. provision of other functions or services relating to the Pacer as prescribed by Neumafit.
Neumafit may modify the features, components, or content of the Neumafit Services as necessary for operational or technical purposes to ensure smooth service delivery. Any such changes will be announced within the services in advance. However, in cases where changes are urgently required, such as to address bugs or errors, or where the changes are not significant, Neumafit may provide notice after the changes are made.
Neumafit may discontinue any or all Neumafit Services if it becomes difficult to continue the services due to significant managerial reasons, such as the transfer, division, or merger of business operations, expiration of contracts for content provision, or significant revenue deterioration of the service in question. In such cases, Neumafit will provide notice of the discontinuation date and reasons at least 30 days prior to the discontinuation date via the App's main screen, a linked screen, the Website, or other service-related interfaces, and will notify the Members.
Neumafit is not liable for any damages incurred by users or third parties due to modifications, interruptions, or discontinuation of features, components, or content of free services provided by Neumafit. Users may decide whether to update service-related software, and Neumafit will not update software stored on the User's devices without the User's consent.

4.SUSPENSION OF SERVICES

The Neumafit Services may be suspended in whole or in part in the event or occurrence of any of the following. In such cases, Neumafit will notify Users of the reason and duration of the suspension in advance. However, if advance notice is not feasible due to unavoidable circumstances, Neumafit may provide notice afterward:
1. maintenance, inspection, replacement, or repair of equipment and facilities for information and communications such as computers (collectively, “Equipment”), communication interruptions, etc.;
2. suspensions in services provided by facilities-based telecommunication businesses;
3. system inspections;
4. unavailability of the Neumafit Services due to reasons such as technical failures, third-party factors, national emergencies, wars, riots, terrorism, hacking, etc.;
5. discontinuation of the Neumafit Services, in whole or in part, due to various factors, such as government orders, regulatory compliance, changes in the Neumafit Services / Member policies, etc.;
6. impairment of normal use of the Neumafit Services due to reasons such as power outage, Equipment/facilities failure, or excessive usage;
7. force majeure events; or
8. other circumstances where Neumafit deems it necessary to suspend the Neumafit Services for business or technical reasons.
Neumafit is neither liable nor responsible for any damages Members may incur due to suspension of the Neumafit Services, provided that such suspension is not a result of willful misconduct or gross negligence on Neumafit’s part.
If deemed necessary for provision of Neumafit Services, Neumafit is entitled to conduct inspections on a regular basis. Such inspections will take place pursuant to the inspection schedules announced in the App.
Neumafit reserves the right to remove or disable access to the Neumafit Services, any Content, including content posted by Users, if any, at Neumafit’s sole discretion if the Content or the relevant Users’ use of the Neumafit Services is objectionable or in violation of the Terms or Relevant Laws. Neumafit reserves the right to investigate such violations, and take any appropriate action in response.

5.USE OF SERVICES

Users must use the Neumafit Services in strict compliance with all applicable provisions of the Terms.
Children below the age at which consent from a Legal Representative is required for the processing of their personal information under their jurisdiction’s laws, may not use any Neumafit Service unless verifiable consent is provided by their Legal Representative. A “Legal Representative” shall be defined as an individual holding parental authority over the respective child in accordance with the applicable laws. Neumafit reserves the right to request and verify proof of such consent from the Legal Representative at any time. Neumafit may suspend the provision of Neumafit Services if such proof is not provided.
Use of the Neumafit Services is dependent upon the Pacer, supported mobile device with adequate software, App, and internet access. The maintenance and security of the foregoing may influence the performance of the Neumafit Services, and it is the Users’ responsibility to ensure their functionality. Users should check with their internet provider for information on data usage charges.
Users may not access or use the Neumafit Services through any device or application other than the Pacer or the App unless explicitly authorized by Neumafit. Any violation or attempted violation of this provision may result in the immediate suspension or termination of the User’s ability to access the Neumafit Services.
The Neumafit Services are not intended to diagnose, treat, cure, or prevent any disease. If you have a medical condition, consult your doctor before using the Neumafit Services. Neumafit is not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Neumafit Services.
Prolonged contact with wearable devices may contribute to skin irritation or allergies in some Users. If you notice any skin irritation, etc., while or after wearing the Pacer, remove your device and please discontinue use.
While our goal is to provide helpful and accurate information on the Neumafit Services, we make no endorsement, representation, or warranty that the Pacer is a substitute for medical devices or scientific measurement devices. Neumafit Content and the Neumafit Services may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
You understand and acknowledge that the Neumafit Content, including any analysis, live coaching, or recommendations, is generated with the assistance of artificial intelligence and machine learning. While we continuously work to enhance the accuracy, reliability, safety, and overall benefit of the Neumafit Services, due to the nature of artificial intelligence and machine learning, in some cases, the Neumafit Content may be inaccurate, inappropriate, or incomplete. You should not rely on the Neumafit Content as a substitute for professional advice or services, or for any purpose that could significantly affect you, such as making medical decisions.
Please read and comply with all safety notices that accompany your use of the Pacer or any other Neumafit Services.

6.MEMBERSHIP REGISTRATION

Full use of the Neumafit Services requires membership. Users (each, an “Applicant”) may apply for membership by completing the application form provided by Neumafit (each, an “Application”).
Upon Neumafit’s approval of an Application, a “User Agreement” shall be deemed established between Neumafit and the respective Applicant, governing the Applicant’s use of the Neumafit Services as a Member.
The User Agreement becomes effective once Neumafit’s approval is delivered to the respective User, at which point the User will be recognized as a Member.
Neumafit approves all Applications except in the following events or occurrences, where Neumafit may postpone or cancel approval:
1. approval is not possible due to reasons attributable to the Applicant (e.g., failure to provide complete information on the membership form);
2. Applicant provides false information, impersonates another person, or engages in similar actions during the Application;
3. force majeure events;
4. insufficient Equipment or technical/operational issues;
5. Applicant is in breach of the Terms; or
6. other instances where Neumafit finds it necessary to delay or cancel approval based on financial, technical, or other justifiable grounds.

7.MEMBERSHIP ACCOUNT

Members agree to provide accurate, complete, and up-to-date information for their membership account (each, an “Account”) and promptly update any changes.
Members are solely responsible for any activity related to their Accounts, and Neumafit is not liable for any actions or omissions by Members in connection with their Accounts.
Members are responsible for maintaining the confidentiality of their ID and password and must not allow any third party to access or use their ID, password, or Accounts. Neumafit is not liable for any damages, losses, or consequences resulting from the disclosure of a Member’s personal information due to the Member’s failure to safeguard their ID and password.
If Members suspect their Accounts have been compromised or accessed by an unauthorized third party, they must promptly notify Neumafit and follow Neumafit’s instructions. Neumafit is not liable for any damages, losses, or consequences resulting from the Member’s failure to provide timely notice or comply with Neumafit’s instructions.

8.MEMBERSHIP WITHDRAWAL

Members can request termination of their User Agreements at any time (each, a “Membership Withdrawal”), and Neumafit will process the requests without undue delay. For clarity, Neumafit reserves the right to verify the identity of the Members requesting Membership Withdrawal before processing their requests.
Upon Membership Withdrawal, Neumafit will delete all information pertaining to the respective Member unless required to retain such information under Neumafit’s privacy policy or Relevant Laws.
Neumafit may suspend or restrict membership eligibility or terminate User Agreement (each, a “Disciplinary Action”) if a Member breaches any contractual obligations hereunder, including those listed under Article 12.
When Neumafit takes a Disciplinary Action, it will notify the respective Member of the following:
1. the reason for the Disciplinary Action;
2. the type and duration of the Disciplinary Action; and
3. the method to file an objection to the Disciplinary Action.
If a Member repeats the same act after Neumafit has taken Disciplinary Action, or if the issue is not corrected within 30 days, Neumafit may revoke the Member's eligibility for membership (each, a “Revocation”).
Revocation will result in the cancellation of the current membership. Neumafit will notify the Member and provide at least 30 days for the Member to present an explanation before proceeding with the cancellation.
Neumafit shall not be liable for any damages or losses incurred by Members as a result of being subject to Disciplinary Action and unable to use the Neumafit Services.

9.NOTIFICATION TO MEMBERS

For notifications addressed to an individual Member, Neumafit will send the notifications via e-mail to the address provided in the Member’s Account. If no e-mail address is provided, or if notifications cannot be made to the e-mail address, then Neumafit may alternatively post the notification on the bulletin board or display it via a pop-up within the App for at least 7 days.
For notifications addressed to all Members, Neumafit will post the notifications the notification on the bulletin board or display it via a pop-up within the App for at least 7 days. However, if the notifications involve matters that impacts User Agreements, then Neumafit will utilize the notification method described in the preceding paragraph.

10.PERSONAL DATA PROTECTION

Neumafit is committed to safeguarding the Users’ personal information pursuant to Neumafit’s privacy policy and Relevant Laws. For specific details, please refer to the corresponding privacy policy. Please note that Neumafit’s privacy policy applies only to the relevant services directly provided by Neumafit and does not cover any linked services or websites.
Neumafit will not share Users’ personal information with any third party without their consent, except when requested by competent government agencies, etc. in accordance with the privacy policy and Relevant Laws.

11.OBLIGATION OF NEUMAFIT

Neumafit shall not engage in any act prohibited by Relevant Laws or the Terms, or contrary to public order and morals. Neumafit is committed to the stable provision of the Neumafit Services in accordance with the Terms.
Neumafit actively monitors and may block or remove content from the Neumafit Services that Neumafit deems to potentially violate Relevant Laws or the Terms. Users are encouraged to report to Neumafit any content they believe to be in breach of Relevant Laws via the contact information provided in the Terms. Upon receiving such a report, Neumafit will review the content and take appropriate action in accordance with the Relevant Laws. Users will be notified of the results of their report and any actions taken, in compliance with the Relevant Laws.
If you are a copyright owner or an authorized representative acting on behalf of a copyright owner and believe that any content or material on the Website or Neumafit Services infringes your copyright-protected work, you may submit a notification to Neumafit using the contact information provided in the Terms. Neumafit’s policy is to respond to proper notifications of alleged copyright infringement. Neumafit may remove or disable access to infringing material and, in appropriate cases, terminate the accounts of repeat infringers.
When Neumafit removes from the Neumafit Services any content pertaining to Users or suspends or terminates their Membership, Neumafit will inform them via email, or by other means, of the reason for Neumafit’s action and provide them with information on any available redress options, such as how to use Neumafit’s internal complaint-handling system to appeal the action.
Neumafit will promptly address any opinions or complaints raised by Members if they are deemed reasonable. However, if immediate resolution is not feasible, Neumafit will inform the Member of the reasons and the expected timeline for resolution.

12.OBLIGATION OF USERS

Users shall fully comply with all matters stipulated under the Terms, any other policies and regulations set by Neumafit, matters notified by Neumafit, and Relevant Laws.
Users shall not engage in any of the following activities:
1. providing false or misleading information, or misusing another person's identity or personal information;
2. share Accounts or permitting access to third parties; using multiple Accounts for abusive purposes
3. abnormal repetition of membership registration and withdrawal within a short period of time, or posting identical or similar content repeatedly on the bulletin board with the intent to spam;
4. copying, disassembling, imitating, or modifying the Neumafit Services through reverse engineering, decompiling, disassembling, or any other processing activities;
5. using tools such as bots, software, scripts, or other automatic devices that overload the App, etc., or cause harm to its system.
6. registering or disseminating in viruses, malware, worms, Trojan horses, malicious code, or other devices that could harm Neumafit’s technical infrastructure or system or that of other Users;
7. disrupting the Neumafit Services, networks, or servers through overload, hacking, or unauthorized access methods;
8. disrupting another person’s use of the Neumafit Services;
9. inappropriate use of the Neumafit Services such as engaging in gambling or inducing gambling, inputting, exchanging, posting obscene or vulgar information, linking to obscene sites, or transmitting or distributing words, sounds, writings, pictures, videos, or other information contrary to the public order and morals;
10. using the Neumafit Services, including any data or information acquired or generated therefrom, for unintended purposes such as commercial, political, or other unauthorized uses;
11. disrupting or damaging Neumafit’s or third parties' reputation or business operations;
12. infringing upon copyrights or other intellectual property rights of Neumafit or third parties; or
13. engaging in other activities comparable to the above which Neumafit deems to contravene the Terms, Relevant Laws, public order, or social norms.
Members may not assign, delegate, bequeath, or otherwise transfer their rights or obligations acquired while using the Neumafit Services to other Members or a third party, nor may the Members offer the rights as collateral.

13.INTELLECTUAL PROPERTY RIGHTS

To the extent permitted by Relevant Laws, all rights, titles, or interests, including intellectual property rights or other proprietary rights in and to the Neumafit Services (collectively, the "Rights") entirely pertain to Neumafit or its licensors. Users are not entitled, either by implication or otherwise, to any Rights except to the extent expressly permitted under the Terms.
Users agree not to remove, change, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Neumafit Services. Neumafit logos and any other Neumafit trademarks that may appear on the Neumafit Services, and the overall look and feel of the Neumafit Services, including page headers, graphics, icons, and scripts, may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product and service names, and company names or logos mentioned on the Neumafit Services are the property of their respective owners. They may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.
Except as expressly permitted by Relevant Laws or the Terms, Users shall not use, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Neumafit Content, Neumafit Services, or any portion thereof (including any third-party software), nor shall not permit or facilitate third-party access or usage of the same, without obtaining explicit written consent from Neumafit.

14.DAMAGES

Neumafit will be liable for damages, losses, etc., incurred by Users resulting from willful misconduct or gross negligence of Neumafit, proportionate to Neumafit’s degree of fault.
Users will be liable for damages, losses, etc., incurred by Neumafit resulting from their willful misconduct or gross negligence proportionate to their degree of fault.

15.LIMITATION OF LIABILITY

While Neumafit continuously strives to improve the Neumafit Services, offering a robust and feature-rich platform and devices designed to enhance your health and fitness experience, Neumafit makes no warranty that the Neumafit Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
USERS UNDERSTAND AND AGREE THAT THE NEUMAFIT SERVICES ARE PROVIDED TO THE USERS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. NEUMAFIT, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE NEUMAFIT SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS.
NEUMAFIT, AS WELL AS ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, AND PARTNERS, WILL NOT BE LIABLE TO THE USERS OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE FULLEST EXTENT PERMITTED UNDER RELEVANT LAWS.
NEUMAFIT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY USERS TO THE APP IN CONNECTION WITH ANY NEUMAFIT SERVICES ON OR FEATURE OF THE APP, BUT USERS ACKNOWLEDGE THAT TRANSMISSIONS USING THE INTERNET ARE NEVER COMPLETELY SECURE OR PRIVATE. USERS UNDERSTAND THAT ANY MESSAGE OR INFORMATION USERS SEND TO THE APP, EVEN IF ENCRYPTED, MAY BE READ OR INTERCEPTED BY OTHERS. THEREFORE, USERS’ SUBMISSION OF SUCH INFORMATION OR DATA IS AT THE USERS’ SOLE RISK, AND USERS HEREBY RELEASE NEUMAFIT FROM ANY AND ALL LIABILITY TO USERS FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
NEUMAFIT IS NOT RESPONSIBLE FOR ANY DATA CHARGES USERS MAY INCUR IN CONNECTION WITH USERS’ USE OF NEUMAFIT SERVICES

16.GOVERNING LAW AND DISPUTE RESOLUTION

To the extent permitted under the applicable laws of the User’s jurisdiction, the Terms shall be governed by and construed according to the laws of Korea, without giving effect to its conflict of laws principles (the “Governing Law”).
In the event of a dispute between a User and Neumafit arising out of or relating to these Terms of Use or the Neumafit Services (each, a 'Dispute'), both parties shall make reasonable efforts to seek an amicable resolution. If the User is the aggrieved party, the Users agrees to first try to resolve the Dispute by contacting Neumafit using the contact information provided below. If the Dispute remains unresolved within 15 days of submission, either the User or Neumafit may initiate final and binding arbitration in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board and the laws of Korea. The number of arbitrators shall be three, the seat, or legal place, of arbitral proceedings shall be Seoul, Korea, and the language to be used in the arbitral proceedings shall be English. The arbitral tribunal consists of three arbitrators, each party shall appoint one arbitrator and two arbitrators chosen by them shall appoint a third arbitrator, as a presiding arbitrator.
Users can decline this agreement to arbitrate under the preceding paragraph by contacting Neumafit within 30 days of first accepting the Terms and stating that the User declines this arbitration agreement. In such case, the court of competent jurisdiction for the Dispute shall be determined in accordance with the Governing Law. To the extent that the local laws in the jurisdiction where the respective User resides prevents certain disputes from being resolved in a Korean court, then the User may file those disputes in the local courts.
Users may only resolve Disputes with Neumafit on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.

17.CONTACT INFORMATION

If you have any questions regarding the Terms, or any complaints about Neumafit Services, or if you require further information, please contact us. You may contact us at our address below:

support@neumafit.com
Neumafit’s point of contact for direct communication with EU Member States’ authorities, the European Commission, and the European Board for Digital Services is PLEASE INSERT EMAIL ADDRESS OF THE COMPANY'S PRIVACY OFFICER. Communications are available in both English and Korean.