Terms of Service — Vital Intelligence Coach (VIC / VICcoach)

Effective date: 30 April 2026 (update on each published revision)

Operator: Yngwi B.V., Laan 117, 8071 JJ Nunspeet, the Netherlands (“we”, “us”, “our”).

Trademark: Vital Intelligence Coach is a registered trademark of Yngwi B.V.

Registration: Chamber of Commerce (KvK) 61200077 · VAT: NL854250487B01

Formal legal notices: Unless applicable law requires a different method, formal notices relating to these Terms may be sent to info@Viccoach.app with a clear subject line referencing “Legal notice — Terms of Service”.

These Terms of Service (“Terms”) govern your access to and use of VIC (Vital Intelligence Coach, also referred to as VICcoach): software, websites, APIs, and related services (the “Service”). By creating an account, clicking to accept, or using the Service, you agree to these Terms.

If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” includes the organisation.

Personal data: Processing of personal data in connection with the Service is described in our Privacy Policy. These Terms govern your use of the Service; the Privacy Policy governs privacy matters. If there is a conflict, the Terms control for use of the Service and the Privacy Policy controls for processing of personal data, except where mandatory law provides otherwise.

Definitions

Unless the context requires otherwise:

“Service” — the VIC platform (Vital Intelligence Coach / VICcoach): software, websites, APIs, and related applications and services we make available from time to time.
“Terms” — this agreement, as updated under Section 16.
“User Content” — activity files, text, settings, and other materials you submit to the Service.
“We”, “us”, “our” — Yngwi B.V.
“You”, “your” — the individual or organisation agreeing to these Terms.

1. The Service

1.1 Description

The Service is a training and coaching platform for endurance athletes (including mountain bike and cross-country disciplines). It may ingest activity data, merge sources, analyse sessions, support planning and calendar workflows, and present insights and suggestions. The Service may evolve over time (features, user experience, supported integrations, and technical architecture).

1.2 No professional or medical advice

The Service is not a medical device and does not provide medical advice, diagnosis, or treatment. Outputs (including AI-generated text) are for informational and coaching purposes only. Always consult a qualified health professional for medical questions, injuries, chest pain, severe shortness of breath, or any emergency.

The Service also does not provide legal, tax, financial, insurance, occupational-safety, or other regulated professional advice. You remain solely responsible for decisions in those domains and should consult a qualified professional where appropriate.

1.3 AI-assisted features

Some features use artificial intelligence or large language models. AI outputs may be inaccurate or incomplete and may not reflect real-time conditions, external events, or your personal circumstances (including health, schedule, or environment) even when they appear tailored. Deterministic rules, your confirmed actions, and your own judgment remain central where the product is designed that way. You are responsible for how you interpret and act on any suggestion.

1.4 Changes and availability

We may modify, suspend, or discontinue parts of the Service (for example to improve security or comply with law). We will try to give reasonable notice for material adverse changes where practicable, but we do not guarantee uninterrupted or error-free availability.

No service-level agreement (SLA): Unless we have agreed otherwise in a separate signed writing (for example an enterprise order form), we provide the Service without uptime, response-time, or support commitments. Availability metrics, support channels, or “best effort” practices do not create an SLA.

1.5 Beta, preview, trial, and experimental features

We may label certain features as beta, preview, experimental, or trial. Such features may be less stable, incomplete, or withdrawn with little or no notice. They are provided “as is” for evaluation; you use them at your own risk. Unless mandatory law provides otherwise, we are not liable for loss or corruption of data or for decisions you make in reliance on beta outputs beyond the limitations already set out in these Terms.

2. Eligibility and accounts

You must meet the minimum age set out in the Privacy Policy (Section 11): 16 if you are in the EEA, UK, or Switzerland; 13 if you are in the United States, unless your state of residence requires a higher age, in which case that higher age applies.

You agree to provide accurate registration information and to keep your credentials confidential. You may not share, sell, or transfer your account or credentials to others, or allow another person to use your personal login, except where the product explicitly supports a controlled role (for example a coach invited through our features). You are responsible for activity under your account unless you notify us of unauthorised use without undue delay.

3. Acceptable use

You agree not to:

Violate applicable law or third-party rights.
Upload malware, probe or attack our systems, or bypass security or rate limits.
Scrape or harvest data from the Service in violation of these Terms or technical restrictions.
Reverse engineer, decompile, or disassemble our proprietary software or attempt to derive source code from it, except to the extent such restriction is prohibited by applicable law (including mandatory rights under EU or national law implementing the Software Directive, where applicable).
Use the Service to develop a competing product using our proprietary materials or in breach of Section 7.
Misrepresent your identity or affiliation.

We may suspend or terminate access for conduct we reasonably believe violates these Terms or creates risk for other users.

4. Your content and data

4.1 Ownership

You retain ownership of your activity files, profile content, and other materials you submit (“User Content”). You grant us a non-exclusive, worldwide, royalty-free licence to host, process, transmit, display, and create derivative analyses of User Content solely to operate, secure, and improve the Service for you.

4.2 Responsibility

You are responsible for the legality and accuracy of User Content. You represent that you have the rights needed to upload and process it.

4.3 Backups

You should maintain your own copies of important files. We are not a long-term archival service.

4.4 Feedback

If you submit ideas, suggestions, feedback, or bug reports about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, copy, modify, and incorporate Feedback into our products and services without any obligation to compensate you or to keep Feedback confidential (unless we have signed a separate written NDA covering specific information). You represent that you have the right to grant this licence.

4.5 Workout location and weather context

To explain training in context of weather and ground conditions (workout environmental context), the Service may use:

GPS from your activity files (typical for outdoor sessions);
An optional weather anchor you set in Settings → Profile (typical for indoor sessions); and/or
Optional IP-based coarse location (city-level approximation, not storage of your raw IP with workouts) when (a) the product has this feature enabled, (b) you have not turned it off in Settings → Profile, and (c) neither GPS nor a manual anchor is available for that session.

You may disable IP-based coarse location in profile settings at any time; disabling removes the temporary coarse anchor from your profile. Processing details and legal bases are in our Privacy Policy (Section 3.7). Weather data is sourced from Open-Meteo model APIs; we do not guarantee real-time local conditions.

5. Third-party services and integrations

The Service may interoperate with third-party platforms (for example Intervals.icu). Those services are governed by their terms and privacy policies. We are not responsible for third-party availability, behaviour, or data practices. We are not responsible for loss, corruption, delay, or unavailability of data caused solely by third-party platforms, APIs, or sync errors outside our reasonable control, though we aim to handle errors responsibly within the Service.

You authorise us to access and exchange data with integrations you enable, using credentials or tokens you provide.

6. Fees and payment

Where the Service is offered for a fee, pricing, billing cycles, taxes, and refund rules are set out at checkout or in a separate order form or subscription terms. Prices and fees may change; where required by law or contract, we will give reasonable advance notice before new prices apply to your next billing cycle. Failure to pay may result in suspension. We may also offer free, trial, or beta access; we may introduce or change fees, or change or end such access, with reasonable notice where required by law.

7. Intellectual property

We and our licensors own the Service, software, branding, documentation, and aggregated anonymised analytics that do not identify you. Except for the limited rights expressly granted in these Terms, we reserve all rights.

You may not copy, modify, distribute, sell, or lease our proprietary code or branding except as allowed by applicable open-source licences for components we distribute under such licences (if any). You may not use our trade names, logos, domain names, or other branding in a way that suggests endorsement, partnership, or origin of your product or service without our prior written consent.

8. Confidentiality

If we share non-public information about our roadmap, security, or business with you under a separate confidentiality agreement, that agreement controls for those disclosures.

9. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will meet your requirements, be error-free, or that any training outcome will occur.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IN THE twelve (12) months BEFORE THE CLAIM WILL NOT EXCEED THE GREATER OF (A) THE FEES ACTUALLY PAID BY YOU TO US IN THAT PERIOD, OR (B) EUR 100.

Nothing in these Terms limits liability that cannot be limited under applicable law (including death or personal injury caused by negligence, fraud, or intentional misconduct, where applicable).

11. Indemnity

You will defend and indemnify us and our affiliates, officers, and employees against third-party claims, damages, and costs (including reasonable attorneys’ fees) arising from your User Content, your misuse of the Service, or your breach of these Terms, except to the extent caused by our wilful misconduct or gross negligence.

12. Term and termination

You may stop using the Service at any time. We may suspend or terminate your access for breach of these Terms, risk to the Service, or legal requirement.

Upon termination, Sections intended to survive (including intellectual property, disclaimers, limitation of liability, indemnity, governing law, and dispute resolution) will survive.

Deletion of your data is described in the Privacy Policy and product documentation (including any “delete all” or account deletion workflow).

Fees on termination: Unless mandatory law or a separate written agreement with you states otherwise, fees already paid are non-refundable when you terminate for convenience or when we terminate for cause attributable to you. If we terminate without cause where you have prepaid for a fixed period, any statutory or contractual refund will be as stated at checkout or in your order form.

13. Export and sanctions

You represent that you are not located in a country subject to comprehensive embargoes (as defined by applicable law) and are not listed on any government restricted-party list. You may not use the Service in violation of export control or sanctions laws.

14. Force majeure

Neither party is liable for delay or failure to perform (except payment obligations that can still be met) due to events beyond that party’s reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or failures of third-party telecommunications, hosting, or internet infrastructure, provided the affected party uses commercially reasonable efforts to mitigate and resume performance.

15. Governing law and disputes

These Terms are governed by the laws of the Netherlands, excluding conflict-of-law rules that would apply another law.

Disputes: Unless mandatory consumer law requires otherwise, exclusive jurisdiction lies with the competent courts of the Netherlands.

Consumers may have non-waivable rights to bring claims in their country of residence under mandatory local law (including EU consumer rules where applicable).

16. Modifications to these Terms

We may modify these Terms from time to time. We will post the updated Terms and revise the “Effective date”. Where changes are material, we will provide reasonable notice (for example by email or in-product message) where practicable and where required by law. Continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes, except where mandatory law requires explicit consent for specific changes (in which case we will seek that consent).

If you do not agree to the updated Terms, you must stop using the Service and may close your account where the product allows.

17. General

Entire agreement. These Terms and any policies referenced (including the Privacy Policy) are the entire agreement regarding the Service.

Assignment. We may assign these Terms in connection with a merger or sale of assets. You may not assign without our consent.

Severability. If a provision is invalid, the remainder stays in effect.

Waiver. Our failure or delay to exercise any right or remedy is not a waiver of that right or remedy. A waiver must be in writing to be effective. No single or partial exercise of any right or remedy precludes any other or further exercise of that right or remedy, or the exercise of any other right or remedy available under these Terms or applicable law.

Language. The English version prevails if we provide translations, unless local law requires otherwise.

18. Contact

Questions about these Terms: info@Viccoach.app