TERMS AND CONDITIONS FOR TRAINERS/EXPERTS THAT USE RIDESUM
1.1 Welcome to Ridesum! We are glad that you are interested in the application and we hope that you will have great use of it.
1.2 Please read these terms and conditions (the “Terms”) carefully before you start using the service which is provided via the mobile and web application Ridesum (the “Service”). The Service is operated and provided by us, Ridesum AB reg. no. 559146-4192, c/o Stråhle, Ringblomman 40, 178 52 Ekerö, Stockholm, Sweden (“we”, ”us”, ”ours”).
1.3 ”Trainer/Expert” or “you” means a trainer, expert, counselor, therapist or any other physical or legal person who provides its training/consulting services within the Service.
2 THE SERVICE
2.1 The Service is a digital platform which enables contact and professional training and consultation between a Trainer/Expert and a rider (“User”). The purpose of the Service is to facilitate contact making and cooperation between a Trainer/Expert and User.
2.2 For the Users the Service is available as a free version and as different premium versions.
2.3 If the User has some sort of premium version of the Service, the User may have access to a recording function which enables the User to record and store a video streamed training session directly in the Service. This also means that personal data concerning the Trainer/Expert such as voice and picture can be saved by Users that have a premium version of the Service.
2.4 When video streaming, and especially when carrying out such possible recording of the training session you, together with the User, shall use your best efforts to ensure that no other persons are captured on the video in such a way that these persons can be identified. You also have an obligation to inform all persons in your surrounding that they risk being captured on such recoding and that video streaming and recording takes place. If any person has questions about the streaming/recording and/or wants more information in regard to this, you shall direct them to Ridesum’s website, www.ridesum.com.
2.5 In case another person than the User or Trainer can be identified on a video recording stored in the Service and such person contacts Ridesum with a request to erase his/her personal data Ridesum has the right to, without any sanction, delete the video in question.
2.6 Ridesum does not take part in the interaction between Trainer/Expert and User, except providing the Service for booking, communication and sharing of information. We are therefore not responsible for the quality of or performance of the service you provide to the Users. Agreements/understandings between you and Users do not bind Ridesum, and such agreements/understandings are not covered by the agreement between you and Ridesum. Obligations and rights regarding services performed by you as a Trainer/Expert is therefore outside our responsibility. See more about limitations of liability under Section 9.
3 REGISTRATION AND USER ACCOUNT
3.1 In order to offer your services as a Trainer/Expert to Users you must create a user account in the Service and provide the requested information.
3.2 In order to register as a Trainer/Expert you must be 18 years or older.
3.3 You are solely liable that you have all required or customary licenses and insurances for the provision of your services, such as a liability insurance which also covers digital training such as video streaming and recording. A pre-requisite in order to be allowed as a Trainer/Expert is that you possess and maintain a valid tax certificate (Swe. F-skattesedel), which, upon request, shall be provided to Ridesum. You are solely liable to pay any taxes, payroll taxes and employer fees that are related to your services/business and shall indemnify Ridesum in case we are liable to pay any tax or other fee related to your services/business.
3.4 All information regarding you and your business provided in the Service or that you send to Ridesum must be correct and shall be updated regularly.
3.5 Your user account is personal and may only be used for your personal use. You may only register one account per Trainer/Expert. You may not let other Trainers/Experts or external persons use your account and you may not transfer your account to another person. You are responsible to keep your password confidential.
4 USE OF THE SERVICE
4.1 You warrant that you will not use the Service for any purpose in violation of law or the Terms. You are responsible for all activities that take place in connection with your user account. We are not liable for unauthorized parties’ access to the Service due to your actions or omissions.
4.2 When you have agreed with a User regarding a purchase of your services via the Service, you shall always communicate with the User on the time agreed. If you are prevented from doing so, it is important that you contact the User as soon as possible and agree on new time. All advice given by you to the Users must be of such quality that can be normally expected from a highly qualified professional supplier.
4.3 You are responsible for ensuring that all material and information made available by you via the Service does not infringe the rights of any third party or is in violation of applicable law.
4.4 If we assess that anything you have provided violates applicable law, does not constitute high quality professional advice or in any other way risk to harm us or a third party, we reserve the right to at any time delete the content and/or close your account. We have the sole right to decide on any such question. Should such event from your part lead to any damages for us, you shall indemnify and hold harmless Ridesum.
4.5 You are responsible to provide correct, up to date and complete information in connection with your registration and use of the Service. In relation to Ridesum you are solely responsible for all information communicated or transferred via the Service and your account. Information means for example, pictures, sound, video and links.
4.6 Ridesum recommends that you activate the function for push-notifications on your mobile phone in order to ensure that you do not miss answers to bookings and reminders about booked sessions.
4.7 Please note that the Service to a certain degree is financed by revenue from ads and may therefore include advertising and campaigns. You hereby consent to that Ridesum shows ads and campaigns in the Service or in connection with your content. How such ads and campaigns are designed may change without informing you hereof specifically.
4.8 No content in a training session, including videos uploaded by Users and feedback provided by you may be shared with anyone else. As soon as feedback has been given you shall delete all links that has been saved in the equipment you have used.
4.9 As regards Users’ personal data that you may collect and process, such processing is your sole responsibility and you accept that, in relation to such processing, you must comply with all applicable data protection law.
4.10 Currently it is only possible to use the video streaming for single riders. No video streaming group sessions services are provided, and you may only use the Service for your individual video training. It is allowed though to use the booking system for face-to-face group trainings.
5 CHANGE TO THE SERVICE
We reserve the right to, at any time, change, replace, remove and/or add functions and services included in the Service with or without prior notice. Any new functionalities or services provided are covered by the Terms.
6 THE AVAILABILITY OF THE SERVICE AND CONTENT
6.1 We intend to keep the Service available all days of the year and that the content is correct and updated. However, we do not provide any warranties that the Service is free from defects, flaws, malware, viruses or that the content is correct, updated or complete, or that the Service is up and running 24/7 and Ridesum disclaims all liability related hereto. We reserve the right to, in connection with updating and/or maintaining the Service, to shut down the Service or parts thereof. We are not responsible for possible disruptions in the availability of the Service that may occur due to insufficient internet coverage, disruptions at the web-hotel or during maintenance of the Service. For functionality and availability reasons, it is however necessary that you follow Ridesum’s guidelines about usage of equipment/hardware and browsers.
6.2 Ridesum’s ambition is that the Service shall work as good as possible. However, Ridesum has no responsibility for changes or disruptions of the Service or loss of content. If your content for any reason has disappeared, you are welcome to contact Ridesum and Ridesum shall take reasonable measures to restore the content. Ridesum recommends that you make backups of the content uploaded in the Service (such as your trainer information). Ridesum does not function as a service for backup and you cannot rely on the Service for backups or storage of content.
6.3 You may not abuse the Service by knowingly transferring virus, trojans, internet worms or other material that is designed to cause damage or is otherwise technically damaging. You may not try to get unauthorized access to the Service, Ridesum’s servers, computers or databases that are connected to the server. You may not attack the system by, for example Denial of Service attacks which includes, but is not limited to distributed denial of service attacks. By breaching any of the above you risk committing a crime and Ridesum may report such breaches to law enforcement authorities. If you are in breach of the above your right to use the Service will be terminated immediately.
7 PAYMENT ETC.
7.1 Ridesum currently provides the Service to Trainers/Experts both as a free version and a premium version subject to payment. Please observe that external costs such as your mobile operator’s or internet provider’s ordinary tariffs for fees for, for example, data traffic, may arise, as well as payment fees should you use the Service’s payment service.
7.2 Should the Trainer choose not to use the Service’s payment function provided by Ridesum, all compensation that Users shall pay to you, according the agreement between you and the User, is made outside the scope of the Service and without any involvement by Ridesum. Consequently, it is your responsibility to collect any information regarding payment terms and other information required to carry out such payments.
7.3 You are solely responsible for paying all taxes or other fees that you may be obligated to relating to the compensation you receive from the User, regardless if the payment is made through the Service, as well as in all matters be compliant with relevant legislation.
7.4 You as a Trainer/Expert may remind a User of a due payment either by your own or by using Ridesum’s payment service. Ridesum may send out such payment reminders but shall have no obligation to do so. You are solely responsible for getting paid for the training sessions that you have conducted.
7.5 Furthermore, you as a Trainer/Expert are solely responsible for ensuring that you have all necessary certificates or similar documents to offer training sessions subject to payment, as well as paying all taxes and other fees. You are also solely responsible for being compliant with any relevant legislation in relation to the contractual relationship between you and the User, including, but not limited to, laws or other regulation regarding consumer protection and the processing of personal data.
Invoicing procedures via the Service’s payment function
7.6 Should you as a Trainer/Expert choose to use the Service’s payment function, Pocket Office, when charging the Users, the following shall apply. By using the Service’s payment function you accept being bound by the terms and conditions for the payment function. In the event of misuse of the Service’s payment function, Ridesum may terminate your subscription and suspend you from the Service. In order to use the Service’s payment function you must have a registered company or operate as a sole trader from which you shall send your invoices.
7.7 The Service’s payment function is provided by a third party. The Service’s payment function may therefore contain links or references to such parties’ terms and conditions, privacy policies and other similar documents. We kindly ask you to review such documents carefully. Ridesum disclaims any liability for the content of such documents.
7.9 By accepting the Terms you undertake to comply with Stripe’s “Connected Account Agreement”, available at https://stripe.com/en-se/CONNECT-ACCOUNT/LEGAL
7.10 Ridesum will only manage the payment function for the payments issued by User’s to you as a Trainer/Expert. For this Ridesum will charge a fee. The current fees for the Service’s payment function can be found at www.ridesum.com/en/pocket-office/. Consequently, Ridesum does not set the price for your offered services, nor does Ridesum have any control over the User’s payment for your training sessions. Furthermore, Ridesum is not liable for any compensation due to non-payment or other similar circumstances. Please note that other fees than the fees charged by Ridesum may apply.
7.11 In order to enable payments, whether the payment functions are managed by Ridesum or one or more third parties, you may need to provide and verify information regarding your identity and your payment details. Without such information Ridesum will not be able to manage payments via the Service. Ridesum disclaims any liability for potential losses due to your provision of inaccurate information.
7.12 When using the Service’s payment function, third parties may charge service-fees or other fees. Ridesum is not responsible for such fees and disclaims any liability regarding such fees. We kindly ask you to note that third parties may charge a conversion fee and similar charges when conduction the transaction.
7.13 Should a User request a refund from you, you are solely responsible for refunding the total amount, including all fees charged in relation to the payment by Ridesum or Stripe (or any other third party), so that the User receives full monetary compensation. You are solely responsible for communicating the terms for cancellation to the User’s that books training sessions with you.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 Ridesum owns all rights, including intellectual property rights to the Service, including but not limited to process, method, software and design. You are not granted any intellectual property rights to the Service or any material created in it. It is therefore prohibited to, without our consent, make copies, irrespective of which technology that is used, of the content or parts thereof in the Service. Without such consent it is also prohibited to make the content or parts thereof of the Service available for the public by use of the internet or in another way.
8.2 Any link to the Service shall be opened in a new window. It is not allowed to link to the Service in such a way that the content of the Service risks being corrupted or misunderstood in such a way that it is perceived that the Service is provided by any other party than Ridesum.
8.3 You grant a license to Ridesum to dispose of all material that you provide in the Service, which without limitation includes the videos you provide. Ridesum will only use the material in order to enable Ridesum to provide the Service in accordance with these Terms, in other words to exploit and use the material within the Service and only for access via your account. In other words, Ridesum have no right to show or provide your training videos to, for example, other Users. As specified in section 4.3 above, you are liable for all material provided via the Service and shall defend, indemnify and hold Ridesum harmless, if a third party alleges that the material infringes any third party right. Ridesum may transfer the material to service providers in order to enable Ridesum to provide the Service as described above (i.e. only within the framework of your account). However, Ridesum will not transfer or share your streamed or recorded video(s) to any other parties unless required by law or other binding regulations (for example upon a request from the police due to suspected criminal activities).
9 LIMITIATION OF LIABILITY
9.1 Ridesum cannot be held liable for any advice you provide to Users, and your activities in/via the Service is therefore solely your liability. Further, Ridesum cannot be held responsible for other things concerning the direct relation between you and Users, such as cancellations of booked training sessions.
9.2 We are not responsible for technical defects, hardware or software defects or defects that are related to the incorrect handling of the Service or other operational defects e.g. in connection with filming or recording. Further, we are not liable for any defects that occur due to deficiency in the network connection or network communication, disconnection from your user account or possible problems with streaming of a training session or links to recorded training sessions. We do not provide any warranties that the Service will meet your demands or expectations, or that the use of the Service will be uninterrupted or free from errors.
9.3 Ridesum takes reasonable measures to ensure that the Service works and strives to, as soon as possible, remedy defects and deficiencies in the Service. Ridesum is only a service provider and is never responsible for the services and advice that Trainers/Experts give to the Users.
9.4 Ridesum is not responsible for damages that occur due to usage of the Service, including damages caused by malware, virus or other wrongful or incomplete information, except if such damage occurs due to intent or gross negligence on Ridesum’s part. Ridesum is never responsible for indirect damage or loss incurred by a Trainer/Expert, which without limitation includes loss of profit, income or savings, loss of goodwill, loss of data or other indirect damage or consequential damage. In case the Service contains links to websites or resources that are provided by third parties, these are only provided for informational purposes and Ridesum has no control and assumes no liability for the content on such website or resources.
9.5 Any dispute relating to payments for training sessions or other services, including, but not limited to, the amount, refunds due to cancelled training sessions or complaints regarding the quality of a training sessions in relation to its cost shall be resolved between you and the User. What now has been stated shall apply regardless of the fact that Ridesum has reminded the User to pay for the service.
10 CHANGES TO THE TERMS
We have the right to, at any time and for any the reason, change the Terms by publishing the amended terms in the Service. Such terms shall automatically come into force after thirty (30) days from the publication date in the Service or otherwise has been approved by you. By visiting or using the Service to approve that such changes can be made and that you are responsible to keep yourself updated of possible changes.
11 INVALIDITY OF A PROVISION
If any provision in the Terms is deemed fully or partially invalid or cannot be enforced, the provision shall be reduced, amended or separated as slightly as possible to ensure its validity, so that the Terms can maintain in full force, effect and viability.
12 DISPUTES AND APPLICABLE LAW
Swedish law shall apply in relation to the Terms and the Service. Disputes that originate from the Terms and/or Service shall be exclusively settled by Swedish general courts with the District Court of Stockholm as first instance.
If you have any questions please contact Ridesum at email@example.com.