Who Has Rights Under this Agreement
This agreement does not give rights to any third parties.
You cannot transfer your rights or obligations under this agreement without our consent.
Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Warranty and Liability
VIITA Watches does not guarantee that the VIITA APP platform or the necessary hardware and software constantly work and are completely free from errors. VIITA Watches does not guarantee that the data via other systems, in particular, the internet and telecommunication networks, is not tracked, recorded or distorted by third parties. The utilization of the offers of VIITA Watches by the user is entirely at the user's own risk. This is fully applicable to; The use of the application or hardware, including, but not limited to, (i) the respective smartphone. For example, prolonged pressing and holding of the image while using the function connect chest belt can cause the finger of the user to become heated;
Downloading users own content or content of third parties, and the user expressly acknowledges that any exploitation by the user of data created by VIITA Watches or provided by VIITA Watches may be flawed. VIITA Watches accepts to the extent permitted by law, no responsibility for the accuracy of such data.
The use of any software or hardware of VIITA Watches does not replace consultation with a medical specialist by the user.
In addition, VIITA Watches makes no guarantee for external links, banners or other information and promotional offers that may be presented to the user. VIITA Watches is not responsible for the services of third party providers. Legal and concluded transactions that occur between the user and a third party, e.g. on linked sites or banners, which lead to a contractual relationship, are exclusively made between the user and the third party.
VIITA Watches is only liable under the existing legal provisions, for whatever legal reason (pre-contractual, non-contractual) only when damage by VIITA Watches, was caused by gross negligence or willful misconduct. In cases of slight negligence, VIITA Watches is not liable to any companies or to consumers in terms of loss of life, limb or health. A liability of VIITA Watches to companies for consequential damages, mere pecuniary losses, loss of profit or damages resulting from claims of third parties is excluded.
Except for the cases prescribed by law, neither VIITA Watches nor their related VIITA Watches companies, is liable for damages created by the use of the online or mobile services. This also applies to damages resulting from errors, problems, viruses or loss of data.
VIITA Watches assumes no liability for the downloaded material or the material which the user has received as a result of utilization of the service on the VIITA APP platform. The user alone is liable for any damage that could cause failure to his computer system, or for the loss of data due to the downloading of any performance related material of the VIITA APP platform.
The user accepts full responsibility for any complaint, judicial proceedings, extrajudicial or any other type, which in any way causes conflicts with other users. The user acknowledges and accepts that VIITA Watches under no circumstance is responsible for any damages or omissions of others. Not even in relation to the said acts.
Who Is Responsible if Something Happens
We will use reasonable skill and care in providing our Service to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that our Service will always function without disruptions, delays, or imperfections. Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond our reasonable control.
The above does not exclude or limit our liability for death, personal injury, or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so.
How We Will Handle Disputes
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the Republic of Austria and that Austrian law will govern these Terms and any claim, without regard to conflict of law provisions.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms.