Terms of Use

Mowaa Terms of Use

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY MOWAA PLATFORM.

You are reading these Terms because you are using a Mowaa website, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of Mowaa’s Platform (“Platform”).  You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.  Your carrier’s normal rates and fees apply to your Device.

These Terms create a legally binding agreement between you, Mowaa Fitness Wear, Inc and its affiliates (which we may refer to as “Mowaa”, “we”, “us”, or “our”) regarding your use of our Platform. These terms will also govern any orders placed with Mowaa and/or its affiliates, in any of our Platforms; therefore we highly encourage you to read these Terms prior to placing your order.

By submitting an order to www.mowaafitnesswear.com, you (also referred to below as the customer) are hereby agreeing to all the terms and conditions as set forth below. This agreement is in lieu of a written consent, and will be binding by the both the customer and/or their representative(s).

Important Information:

Our Terms May Be Changed and/or Updated

Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. [See Canada Terms.]

We may update these Terms from time to time.  If a material change is made, we will post a notice on our Platforms, including social media, or send you a notification. Please read through any changes, and if you don’t agree to them, please stop using the our Platform immediately.  If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.

Terms of Sale

By making any purchase with us, you also agree to Mowaa’s Terms of Sale that apply in your country or region. [See Hungarian Terms, as these exclusions and limitations may not apply to you.]

Privacy Policy

Our Privacy Policy describes the collection and use of personal information on our Platform and it applies to your use of said Platform. By using this website (mowaafitnesswear.com), you are accepting the practices described in our privacy policy. Read full Privacy Policy.

Important Notice for Amateur Athletes

You are responsible for ensuring that your participation on the Platform does not affect your eligibility as an amateur athlete.  Please check with your amateur athletic association for the rules that apply to you. Mowaa is not responsible or liable for your use of the Platform resulting in your ineligibility as an amateur athlete.

Rules and Guidelines

Eligibility

You are only eligible to use our Platform if you are of legal age in your country or if you have consent from your parent(s) or guardian(s). Age restrictions for specific Platform services in different countries may apply.

Rules for Registration

When you register to have an account with us, the following rules apply:

  • Provide accurate, truthful, and current information in our registration form.
  • Keep your registration personal.  Do not register for more than one Mowaa account, register a Mowaa account on behalf of someone else, or transfer your account to anyone.
  • Keep your username, password and other login information safe and do not allow anyone else to use your account in your behalf.
  • In case of any unauthorized use of your Mowaa account, contact us immediately. You are responsible for anything that happens through your Mowaa account – with or without your permission. To the maximum extent allowed by applicable law, Mowaa is not responsible for any loss or activity that results from the unauthorized use of your account.

Content Ownership

Except for User Content (defined below), all and every content on Mowaa’s Platform – including, but not limited to, text, software, code, scripts, designs, graphics, photographs, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork, apparel design, and any other content (“Content”) – is owned by Mowaa Fitness Wear, Inc. or others we license Content from, and/or give credit to, and is protected by copyright, trademark, patent and other laws. Mowaa Fitness Wear, Inc reserves all rights not described in these Terms.

  • All trademarks, service marks and trade names (e.g., the Mowaa name and the “M” design in our logo) are owned, registered and/or licensed by Mowaa. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names by accessing and using our Platform and/or our Content.
  • You agree not to change or delete any ownership notices from materials downloaded or printed from our Platform, as well as to not distribute said modified materials to third parties.
  • Outside of the specific usage rights given to you by Mowaa Fitness Wear, Inc. in connection with our Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any of our Content, including our User Content, without Mowaa’s prior written consent. Unauthorized use of our Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

Copyright and Patent Information

All our fitness wear pieces are original artwork designed by Monica Vianna d’Almeida, made exclusively for Mowaa Fitness Wear, Inc., and may not be recreated for commercial purposes. If you would like to re-sell our products, please contact us for more information and pricing.

Copyright Infringement

[See France Terms, as the following exclusions and/or limitations may not apply to you.]

Please consult your legal advisor before filing a notice with us as there may be penalties for false claims. Mowaa Fitness Wear, Inc. may terminate the accounts of Platform users found to infringe third party copyrights.

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;

(2) description of the copyrighted work that you claim has been infringed;

(3) description of where on the Platform the content that you claim is infringing is located;

(4) written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send copyright infringement complaints to:

Mowaa Fitness Wear, Inc.
242 SW 12th Ave, Deerfield Beach
Florida 33442, USA
Telephone: 954-261-8534
Email: legal@mowaafitnesswear.com

User Content

Parts of our Platform allow you to post photos, videos, comments, and other content, referred to here as “User Content”. Mowaa Fitness Wear, Inc is not responsible for User Content others post to our Platform. User Content is owned by you or whoever created it, but when you post User Content, you license it to Mowaa Fitness Wear, Inc as described below:

[See Argentina, Columbia, and Belgium Terms, as the following exclusions and/or limitations may not apply to you.]

  • You represent that you have the right to post your User Content. You grant Mowaa a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with our Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content. For any purpose, including commercial use. This includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Mowaa Fitness Wear, Inc. may, in its sole discretion, remove any User Content at any time.
  • You understand that even deleted User Content may persist in Mowaa’s systems and on our Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.

Licence to Use All Comments, Feedbacks and Ideas

[See Colombia and Belgium Terms, as the following exclusions and/or limitations may not apply to you.]

Any comments, feedback, or ideas you send us are provided on a non-confidential basis. You grant to Mowaa a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

User Code of Conduct

We’re excited to have you contribute our Mowaa community.  Here are a few basic rules:

Be Unique

Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.

Be Safe

  • Do not post or share anything that may expose Mowaa or its users to any harm, including, but not limited to anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of our Platform.
  • Please do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
  • Do not use any data mining, robots, scraping or similar data gathering methods.
  • Unless indicated otherwise, our Platform is a public place. Do not post personal information to our Platform – yours or anybody else’s.

Be Personal

  • Do not post any advertising, solicitation or commercial content on the Platform.
  • Do not accept payment from a third party in exchange for performing commercial activity on the Platform.
  • Never collect or solicit personal information from other Platform users or send unsolicited messages.
  • Do not use automated technology to interact with the Platform as it will be considered spam and you might be blocked from using our Platform.

Be Appropriate

Respect our community. Do not post User Content, link to a website, or anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. Mowaa has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.

Be Yourself

Do not impersonate any person or organization, including athletes or Mowaa employees.

Customer Verbal Abuse Policy

This policy has a duty to ensure the safety and welfare of our staff here at Mowaa Fitness Wear, Inc. We are committed to communicating and resolving any issues with all clients fairly and impartially, and to providing a high standard of customer service. As part of this service, we do not limit the contact customers have with us. However, we do not expect our staff to tolerate behavior by customers which is clearly unacceptable (e.g. verbally abusive, offensive, cursing or threatening) and may take action to protect our staff from that behavior.

If we consider your behavior unacceptable, we will ask you to please change your approach. In case this said unacceptable behavior continues, we will take appropriate action to restrict your contact with our staff. If we are communicating via phone while this behavior is happening, we will terminate the conversation and then request that you communicate via email only. In this case, we will email you why we believe your behavior is unacceptable, what action we are taking, and the duration of that action. If you insist on behaving in a way which we consider unacceptable, we may decide to terminate contact with you permanently.

If the behavior is so extreme that it threatens the immediate safety and welfare of Mowaa’s staff and/or its affiliates, we will then consider other options. For instance, reporting the matter to the police or taking legal action. In such cases, we may not give you prior warning of that action.

Partners on the Platform

From time to time, Mowaa may link to, or partner with, third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Platform, but this does not mean Mowaa Fitness Wear, Inc. endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any individual Third Party’s sites and terms of use and privacy policy. Neither Mowaa nor its affiliates is responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

Important Disclaimers

Physical Activity

[See Canada, Germany, and Italy’s Terms, as the following exclusions and/or limitations may not apply to you.]

Our Platform may include features that promote physical activity, nutrition, healthy living, and/or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Mowaa Fitness Wear, Inc. is not licensed to give anyone any medical or nutrition advice. We recommend consulting with a licensed physician and/or nutritionist prior to engaging in any new exercise routine or adopting a new eating habit and/or lifestyle.

  • Consider the risks involved and consult with your medical professional before engaging in any physical activity.
  • Never disregard professional medical advice or delay in seeking it because of something you have viewed on our Platform.
  • To the maximum extent allowed by applicable law, Mowaa is not responsible or liable for any injuries or damages you may sustain that from your use of, or inability to use, the features on this Platform.

User Interactions

[See Italy Terms, as the following exclusions and/or limitations may not apply to you.]

To the extent allowed by applicable law, Mowaa Fitness Wear, Inc. is not responsible for your interactions with other users of this Platform or any damage or harm you may experience because of these interactions.

Be responsible and take precautions when interacting with other users (including users you do not know) on our Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. Mowaa is under no obligation to become involved with any user dispute, but may do so at its own discretion.

Warranty Disclaimer

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations/or may not apply to you. [See Australia, Canada, and Germany Terms.]

  • Mowaa’s Platform, Content, and the materials and products on this Platform are provided “as is”. We do not make any promises of any kind, including, but not limited to, the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. To the maximum extent allowed by applicable law, Mowaa is not responsible or liable for any User Content posted on our Platform.
  • We do not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, and/or that the Platform is free of viruses or anything else harmful.
  • To the fullest extent permitted by law, Mowaa disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through our Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  • You are solely responsible for any damage to any and every one of your Devices resulting from accessing our Platform, to the extent applicable law does not provide otherwise.

Suspension and Termination

Mowaa Fitness Wear, Inc. may terminate or modify any Mowaa Platform, member program, product or service at any time without notice.

Mowaa may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Mowaa Fitness Wear, Inc., subject to applicable law.

  • You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
  • These Terms remain in effect even after your account is terminated or you have stopped using the Platform.

Indemnification and Limitation of Liability

We want you to enjoy our Platform, but Mowaa must also protect itself from any damages you may cause to it.

Indemnification and Release

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and/or limitations may not apply to you. [See Canada, France, and Germany Terms.]

You agree to indemnify, defend, and hold harmless Mowaa Fitness Wear, Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Mowaa Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Mowaa Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

Limitation of Liability

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and/or limitations may not apply to you. [See Canada, France, and Germany Terms.]

None of the Mowaa Parties will be liable for any direct, special, incidental, indirect or consequential damages, including without limitation for any lost profits or lost data, that result from the use of, or the inability to use, the platform or the performance of the products purchased through the platform or the conduct of other platform users (whether online or offline), or attendance at a Mowaa Event or Mowaa Partner Events, or any user content or any other activity in connection with the use of the platform, even if Mowaa Fitness Wear, Inc. has been advised of the possibility of such damages.  You assume total responsibility for your use of our Platform.

Your only remedy against Mowaa Fitness Wear, Inc. in connection with any damages arising from your use of our platform or any content is to stop using our platform. If Mowaa is found to be liable to you for any damage or loss which is in any way connected with your use of our platform or any content, Mowaa’s liability shall not exceed us$100.00 or euro 100.00 if you live in Europe.

In all circumstances, Mowaa Inc.’s maximum liability is limited to the purchase price of the products sold. Mowaa will not, under any circumstance, be held liable for any claim or action that exceeds this liability limit. We will not be liable for any third party claims for damages against the customer, nor for malfunction of product, cause of delays, interruption of service, or loss of business.

Disputes and Additional Terms

Choice of Law and Jurisdiction

If you live in any of the following countries, different “Choice of Law and Jurisdiction” Terms may apply to you: Argentina, Austria, Brazil, Canada, France, Germany, Italy, Poland, Switzerland and all other European countries.

  • You agree that this Platform is a passive platform solely based in Florida, USA, which does not give rise to personal jurisdiction over Mowaa Fitness Wear, Inc. in jurisdictions other than Florida.
  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and Mowaa Fitness Wear, Inc. shall be governed in all respects by Florida law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to our Platform (including, but not limited to the purchase of Mowaa products or any other third-party products sold by Mowaa Fitness Wear, Inc. and/or its affiliates) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Broward County, Florida, USA.
  • You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Broward County, Florida.
  • All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Electronic Communications

  • By using our Platform, you agree to receive certain electronic communications from Mowaa, subject to applicable law.
  • You agree that any notice, agreement, disclosure or other communication that Mowaa sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to Assign, No Waivers, Severability

  • Mowaa may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
  • Mowaa’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Mowaa’s rights. Users should always assume these Terms apply.
  • If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

Country Specific Terms

If you live in one of the following countries these additional terms apply and override any inconsistent terms in the Terms of Use.

Argentina

User Content

The first bullet point paragraph under sub-section “User Content” is deleted and replaced with the following:

“You grant Mowaa Fitness Wear, Inc. a non-exclusive, transferable, royalty-free, worldwide license to display the User Content that you post on or in connection with our Platform and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works of, sublicense and distribute the User Content.

For example, we need these rights so we can copy your User Content into our databases, display it in the correct format across our mobile applications, and send your User Content to vendors who perform services on Mowaa’s behalf.”

Disputes and Additional Terms

This section is modified as follows:

The sub-section titled “Choice of Law and Jurisdiction” is hereby deleted and replaced with the following (except the last bullet point regarding bringing claims within one (1) year after after the claim arises, which remains unchanged):

“You agree that our Platform, Terms, Privacy Policy and any dispute between you and Mowaa Fitness Wear, Inc. shall be governed in all respects by Argentine law.”

Australia

Important Disclaimers

This section is modified as follows:

The sub-section titled “Warranty Disclaimer” is modified by adding the following:

“However, the Platform, Content, and the materials and products on this Platform come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of purpose of products.  Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case.”

Austria

Disputes and Additional Terms

This section is replaced with the version for European Countries below,  except the following is added at the end:

“All claims shall be brought within three (3) years after the claim arises.”

Belgium

User Content

This section is modified as follows:

The first bullet point paragraph under the sub-section titled “User Content” is deleted in its entirety and replaced with the following:

“You grant Mowaa Fitness Wear, Inc. a non-exclusive, perpetual (or at least for the duration of the legal protection of the intellectual property rights and/or image rights which may lie in the User Content), transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial, promotional and operational use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”

Licence to Use All Comments, Feedbacks and Ideas

The sub-section titled “Licence to Use All Comments, Feedbacks and Ideas” is deleted in its entirety and replaced with the following:

“You grant to Mowaa Fitness Wear, Inc. a perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the comments, feedback and ideas), worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”

Brazil

Disputes and Additional Terms

This section is modified as follows:

The sub-section titled “Choice of Law and Jurisdiction” is deleted and replaced with the following:

  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and Mowaa Fitness Wear, Inc., shall be governed in all respects by Brazilian law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Mowaa Fitness Wear, Inc., products) shall be resolved individually, without resort to any form of class action, and exclusively in Brazil.”

Canada

Introductory Paragraph:

The section titled “Our Terms May Changed and/or Updated” is qualified by the following:

“(a) Mowaa Fitness Wear, Inc., must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and

(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending Mowaa a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in Mowaa’s obligations.”

Multiple Sections

The terms set forth in the sections titled “Physical Activity”, “Warranty Disclaimer”, “Indemnification and Limitation of Liability”, and “Limitation of Liability” are qualified by the following:

“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification and Limitation of Liability, and Limitation of Liability.”

Disputes and Additional Terms

This section is modified as follows:

The sub-section titled “Choice of Law and Jurisdiction” is hereby modified by adding the following at the beginning of the section:

“Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable.”

Colombia

User Content

The first bullet point paragraph under the sub-section titled “User Content” is deleted and replaced with the following:

“You grant Mowaa Fitness Wear, Inc. a non-exclusive, indefinite, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with our Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”

Licence to Use All Comments, Feedbacks and Ideas

The sub-section titled “Licence to Use All Comments, Feedbacks and Ideas” is deleted in its entirety and replaced with the following:

Authorization to Use Comments, Feedbacks and Ideas

You grant to Mowaa Fitness Wear, Inc., an indefinite, worldwide authorization to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”

European Countries

The following revisions apply to all European countries, except Austria, France, Germany, Italy, Poland and Switzerland, which have other specific revisions to these terms applicable to European Countries.

Disputes and Additional Terms

This section is modified as follows:

The sub-section titled “Choice of Law and Jurisdiction” is hereby deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

  • You agree that the Platform, Terms, and any dispute between you and Mowaa Fitness Wear, Inc. shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Mowaa Fitness Wear, Inc. products) shall be resolved and exclusively in the  competent courts of Amsterdam, the Netherlands.

France

Copyright Infringement

The second paragraph in this section is deleted in its entirety and replaced with the following:

“If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

(1) date of the notification;

(2) if the claimant is a natural person: name, surname, profession, address, nationality, place and date of birth;

(3) if the claimant is a legal person: name, form, registered office and the entity representing it for legal purposes;

(4) name and address of the recipient, or if a legal person, its name and registered office;

(5) a description of the facts at issue and the precise location;

(6) the grounds on which the content should be withdrawn, including relevant legal provisions and justification of facts; and

(7) a copy of the correspondence sent to the author or editor of the litigious information or activity requesting their interruption, withdrawal or modification or an explanation that the author or editor could not be contact.”

Indemnification and Limitation of Liability

This section is modified as follows:

The sub-section titled “Indemnification and Release” is deleted in its entirety and replaced with the following:

“You agree to indemnify, defend, and hold harmless Mowaa Fitness Wear, Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Mowaa Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of our Platform, your conduct in connection with our Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.”

The sub-section titled “Limitation of Liability” is deleted in its entirety.

Disputes and Additional Terms

This section is modified as follows:

The sub-section titled “Choice of Law and Jurisdiction” is hereby deleted in its entirety and replaced with the following:

“Nothing in this paragraph shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.

  • You agree that our Platform, Terms, and any dispute between you and Mowaa Fitness Wear, Inc. shall be governed in all respects by French law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Mowaa Fitness Wear, Inc. products) shall be resolved and exclusively in the  competent courts of France.
  • If you have a complaint, please contact us via legal@mowaafitnesswear.com. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through https://ec.europa.eu/odr. In addition, you have the right to initiate a mediation procedure by contacting the mediator(s) as follows: Association des médiateurs européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), http://www.mediationconso-ame.com. The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute.  In case of mediation, each party is free to accept or reject the solution proposed by the mediator.”

Germany

Important Disclaimers

This section is modified as follows:

The third bullet point in the summary box is deleted in its entirety and replaced with the following:

“Mowaa Fitness Wear, Inc. is not responsible for any damage (except liability for Mowaa’s willful and gross negligent acts and Mowaa’s personal injuries) caused by your interactions with other users.  Please be responsible and take precautions when interacting with people you don’t know.”

The last bullet point paragraph under the sub-section titled “Physical Activity” is deleted in its entirety and replaced with the following:

“To the maximum extent allowed by applicable law, Mowaa Fitness Wear, Inc. is not responsible or liable for any damages (except liability for Mowaa’s willful and gross negligent acts and Mowaa’s personal injuries) you may sustain that result from your use of, or inability to use, the Platform.”

The sub- section titled “Warranty Disclaimer”, including all of the bullet points therein, is deleted in its entirety.

Indemnification and Limitation of Liability

This section is modified as follows:

The sub-section titled “Indemnification and Release” is deleted in its entirety.

The sub-section titled “Limitation of Liability” is deleted in its entirety and replaced with the following:

“Any liability of Mowaa Fitness Wear, Inc. and its affiliates, and their officers, directors, shareholders, employees and agents (the “Released Parties”) is limited to cases of intent or gross negligence. In cases of slight negligence the Released Parties are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so called “cardinal duties”) has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death.”

Disputes and Additional Terms

This section is replaced with the version for European Countries above, except the following is added at the end:

“All claims shall be brought within two (2) years after the claim arises.”

Hungary

Introductory Paragraph:

The second bullet point in the first section above titled “Terms of Sale” is amended by adding the following:

“These Terms constitute an implied agreement between you and Mowaa Fitness Wear, Inc., unless otherwise meeting the requirements of written agreements under Hungarian Law.”

Italy

Important Disclaimers

This section is modified as follows:

The last bullet point paragraph under the sub-section titled “Physical Activity” is deleted in its entirety and replaced with the following:

“To the maximum extent allowed by applicable law, Mowaa Fitness Wear, Inc. is not responsible or liable for any damages you may sustain that result from your use of, or inability to use, the features on the Platform, except in the event of fraud or gross negligence by Mowaa.”

The sub-section titled “User Interactions” is deleted in its entirety and replaced with the following:

“We are not responsible for your interactions with other users of our Platform or any damage or harm you may experience because of these interactions, except in the event of fraud or gross negligence by Mowaa.

Be responsible and take precautions when interacting with other users (including users you do not know) on our Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. Mowaa Fitness Wear, Inc. is under no obligation to become involved with any user dispute (but may do so at its own discretion) except in the event of fraud or gross negligence by Mowaa.”

Disputes and Additional Terms

The sub-section titled “Choice of Law and Jurisdiction” is deleted in its entirely and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

  • You agree that the Platform, Terms, and any dispute between you and Mowaa Fitness Wear, Inc. shall be governed in all respects by German law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods, subject to any statutory provisions of applicable law which may apply regardless of any different choice of law.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Mowaa products) shall be resolved and exclusively in the court of the place where you are resident or domiciled.

Poland

Disputes and Additional Terms

The sub-section titled “Choice of Law and Jurisdiction” is deleted in its entirely and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

  • Our Platform, Terms, and any dispute between you and Mowaa Fitness Wear, Inc. shall be governed in all respects by Polish law.
  • All disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Mowaa products) shall be resolved in the courts competent under applicable law.

Switzerland

Disputes and Additional Terms

The sub-section titled “Choice of Law and Jurisdiction” is deleted in its entirely and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

  • You agree that the Platform, Terms, and any dispute between you and Mowaa Fitness Wear, Inc. shall be governed in all respects by the substantive laws of Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • You agree that all disputes arising directly or indirectly out of or in connection with the Platform and these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of the city of Zurich, Switzerland.”

Date of last revision: November 2018