CONDITIONS OF USE OF MOBILE AND OTHER APPLICATIONS OF MYLAPS
The mobile apps and web services that you have downloaded or used are offered to you by MYLAPS
and its partners, suppliers or other affiliates, if any (referred to below as “MYLAPS” or “we”). Ourdetails can be found in Article 9 of these Conditions of Use.
MYLAPS’s mobile apps and web services (the “Apps”) are intended to be used to keep records ofyour training and competition results, to live-track your speed and split times, to keep track of yourcurrent location and to share your current position in a competition and split times with other persons(live tracking). Some parts of the Apps must be used in combination with other MYLAPS products. Theuse of those products in combination with the Apps is also governed by MYLAPS’s general conditions(the “General Conditions”), a copy of which was presented to you and accepted by you on thepurchase of the product in question.
These Conditions of Use, in combination with our privacy policy, govern the use of our Apps andrelated services (the “Services”). By opening an account and using our Apps, you acknowledge thatyou have read and understood and accept these Conditions of Use. If you do not accept theseConditions of Use, you cannot use our Apps or related services.
Article 1. Applicability
1.1 These Conditions of Use govern every use of the Apps and the Services available on them.
1.2 By opening an account at MYLAPS (the “Account”) and by using the Apps and the Services, inany manner, you as a user of the Apps (the “User” or “you”) accept the applicability of theseConditions of Use, the privacy policy and MYLAPS’s other applicable conditions andregulations. These Conditions of Use continue to apply also if MYLAPS at any time blocks anAccount. The applicability of any general conditions of the User is expressly excluded.
1.3 MYLAPS may amend these Conditions of Use. If you do not accept the amendments, you may
terminate the use of the Apps and the purchase of the Services by closing your Account andremoving the Apps from your mobile device.
1.4 If third-party services are offered via the Apps, those services are governed by the generalconditions, privacy policies and cookie policies of the third parties in question. MYLAPS cannot
be held liable for the services of third parties and the general conditions, privacy policies andcookie policies by which they are governed. If you decide to use third-party apps or services,that is entirely for your own account and risk.
Article 2. Privacy
2.1 MYLAPS prioritizes safeguarding your privacy. MYLAPS has drawn up a privacy policy to informthe Users about the manner in which MYLAPS collect and processes information. MYLAPS
recommends that you review that privacy policy and use it to make informed decisions on thesharing of information, files, photographs, visual material, data and other materials via the Apps.
Article 3. Use
3.1 The use of the Apps, the Services and the information, files and data published on them isentirely at your own risk.
3.2 To make use of the Apps you must open an Account of your own via the Apps. A User may
open only one Account. An Account can be registered only using a valid personal email address
or a Facebook account.
3.3 To make use of the Apps you yourself must arrange at your own expense for the device,software and Internet connection required for that purpose.
3.4 A User below the age of 18 requires his or her parents’ or guardians’ permission to use the Appor the Services. By opening an Account you warrant that you are at least 18 years old or thatyou have your parents’ or guardians’ express permission to use the Apps or Services.
3.5 The User warrants towards MYLAPS that the information with which he or she provides
MYLAPS is complete, truthful and correct. If data change, you must immediately pass on theamended data to MYLAPS via the Apps.
3.6 An Account is strictly personal. You may not open an account in the name of another person,
unless that other person has expressly given you permission to do so.
3.7 You yourself are responsible for keeping the password of the Account secret. You warrant thatyou will not give any other person access to the Apps using your personal Account. If you

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become aware that your username or password has been lost or stolen, or if you believe thatthird parties have gained unauthorised access to your Account, you must immediately inform
MYLAPS accordingly and change your password as soon as possible.
You warrant when using the Apps or the Services that:a.
you are authorised to use the Apps;b.
you will at all times comply with the obligations under these Conditions of Use and with all
the legislation and regulations governing the use of the Apps;c.
you will use the Apps in accordance with their intended purpose; andd.
when you provide information, data, pictures, video/sound fragments or other content (the“Content”) via the Apps, that Content will in no way be of an illegal or offensive (including
sexist, pornographic, racist, discriminatory, intimidating, threatening and insulting) nature,
will not conflict with applicable legislation or regulations and will not violate public order ordecency or the privacy of third parties. You furthermore warrant that the Content will notinfringe any rights of MYLAPS or third parties, including copyrights, portrait rights,
neighbouring rights, trademark rights or any other intellectual property rights. You
indemnify MYLAPS against possible claims of third parties based on the placement ofContent.
MYLAPS may remove Content at its discretion.
If you publish Content via the Apps in MYLAPS’s digital environment, you accept that thatinformation and those files, data and materials may be used, stored or copied by MYLAPS in amanner and for the purposes described in MYLAPS’s privacy policy. You also agree that theprovision of Services requires that third parties have access to certain information, as describedin MYLAPS’s privacy policy.
By providing Content that is protected by intellectual property rights, via your Account orotherwise, you automatically grant MYLAPS a non-exclusive, worldwide, unlimited,
sub-licensable and royalty-free right to copy, publish, remove, keep, multiply, analyse orotherwise use and communicate that information, also for marketing and promotional purposes,
without any further permission or notification being required and without you or any third party
being entitled to any compensation or damages.
The User may remove the Content via his or her Account, on the understanding that it is notpossible to remove information if and insofar as the information has been shared with otherusers and those other users have stored, copied or otherwise used the information. Afterremoval the data may remain present to some extent in the backup versions of the databases
used by MYLAPS and the Apps.
If you give permission via the Apps for the sharing of certain parts of the Content on social
media, such as, but not limited to, Facebook and Twitter, the information with which you provide
MYLAPS is shared with those parties in accordance with the permission given by you. The
services of third parties, such as, but not limited to, Facebook and Twitter, are governed by thegeneral conditions, privacy policies and cookie policies of the third parties in question. MYLAPS
cannot be held liable for the services of third parties and the general conditions, privacy policies
and cookie policies by which they are governed.
MYLAPS may block or remove the Account at its discretion and may block IP addresses if
MYLAPS considers that necessary. If your Account is blocked or if you can no longer use yourAccount for any other reason, you no longer have access to your Content and are not entitled to
any compensation or damages. MYLAPS is under no obligation to give you access to theContent again. MYLAPS is under no obligation towards its Users to make a backup of theContent or to otherwise save it for the benefit of the Users. MYLAPS recommends that you
create your own backup.
If you find that another user of the Apps or the Services is acting in breach of these Conditionsof Use, MYLAPS requests you to report such breach.

Article 4. Disclaimer and liability
4.1 MYLAPS has set itself the objective of making the Apps available to the Users in optimal form,
MYLAPS does not warrant access to the Apps or the proper functioning of the Apps. The Useraccepts the Apps and the Services as is. MYLAPS excludes all liability towards Users.
4.2 MYLAPS does not warrant the results that can be achieved by using the Apps or the accuracy,reliability or details of any information or Service made available via the Apps. MYLAPS does
not warrant full availability or security and may suspend or terminate the Services and theaccess to the Apps, via the Account or otherwise, or render them temporarily inaccessible formaintenance work, without that giving rise to any rights for the User.
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MYLAPS cannot warrant that the Apps, the Services and the information, files and data
published on them are suitable for the purpose for which the User wishes to use them.
MYLAPS cannot warrant that the Apps and the Account will be available at all times and without
any interruption, breakdown, error or defect. MYLAPS is in no event liable towards the Users if
for any reason the Apps are out of operation or function less than optimally.
MYLAPS cannot warrant that the information, functionalities and Services offered and provided,and made available via the Apps by MYLAPS are correct, complete and suitable void ofwrongful content. MYLAPS may freely determine what information it provides via the Apps andin what manner it does so. The Users have no control over or entitlement to the information,functionalities and Services to be provided and the manner in which that is done. MYLAPS is
not required to ensure that the information, functionalities or Services made available to theUsers by MYLAPS via the Apps remain available to the Users.
MYLAPS may at any time and its discretion change or terminate the information and thefunctionalities of the Apps in whole or in part, limit, suspend or terminate the use of the Appsand other Services, or remove information, files, data or materials, for any reason and at its
discretion, without being liable towards the User in any manner.
The User acknowledges that the Apps or the Services may have defects, including hidden
defects, accepts the risk of loss involved and accepts that MYLAPS is in no event liable for suchloss.
In the unlikely event that MYLAPS is liable towards Users for any form of loss, for any reason,
MYLAPS’s liability, including its obligation to undo, is limited at all times to a maximum amountof EUR 100 (or equivalent exchange rate per MYLAPS region as reflected in Article 9.3).

Article 5. Intellectual property rights and portrait rights
5.1 The User acknowledges and accepts that all trademarks, logos and trade names of MYLAPS
and its affiliated companies are owned by MYLAPS or its affiliated companies and are protectedby intellectual property rights. The User acknowledges and accepts that the Apps, all thesoftware used for the functioning of the Apps, all information and databases generated using
the Apps and all Content published via the Apps otherwise than by the User are owned by
MYLAPS and MYLAPS’s licensors and are protected by intellectual property rights, including
but not limited to copyrights, database rights, neighbouring rights and trademark rights.
5.2 No part of these Conditions of Use or of the Apps or Services is intended to transfer these
intellectual property rights or to in any other manner to entitle the User to these intellectual
property rights.
5.3 The User may use the intellectual property rights referred to in paragraph 5.1 with a view to theuse of the Apps of the Services for the purposes for which the Apps and the Services areintended. The User warrants that he or she will not infringe these intellectual property rights ofMYLAPS and third parties. It is expressly prohibited to attempt to decode, change or alter thesoftware used for the functioning of the Apps and the Services, to develop derivative works, in
any other manner to infringe the copyrights by which it is governed or to frame, mirror orotherwise simulate the appearance or the function of the Apps. The User furthermore may not
download, copy, alter or publish any data, information, files or other materials that the User has
not placed in MYLAPS’s digital environment via the Apps and may not use them for direct orindirect commercial purposes or for any other purpose that is not in keeping with the purpose forwhich the Apps and the Services are intended.
5.4 From the moment at which photographs and videos and any other visual material are madeavailable on which the User is visible, the User waives the intellectual property rights and otherrights vested in him or her, in the broadest sense of the word, including but not limited to portrait
rights regarding his or her photographs and videos and other visual material. This also applies
to any depiction of other persons in the photographs and other visual material other than theUser himself/herself. If the photographs, videos or other visual material depicts another person,
the User must ensure that that other person has also waived his or her intellectual property
rights and other rights in the broadest sense of the word, including but not limited to copyrights,
portrait rights and neighbouring rights, in respect of the photograph. The User indemnifies
MYLAPS against all claims regarding damage, loss, costs and expenses of third parties related
to the intellectual property rights and other rights vested in that person.
Article 6. No medical advice
6.1 The Services that MYLAPS offers via the Apps may not be regarded as medical advice. Before
the User commences a training program, takes part in a competition or uses the Apps, MYLAPS
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recommends that the User have a doctor determine whether following a training program, takepart in a competition or using the App is medically responsible.
MYLAPS is not liable for any loss or injuries resulting from or related to the use of the Apps orthe Services. The limitations of liability set out in this article lapse if the liability for loss is due tointent or gross negligence on the part of MYLAPS.

Article 7. Participant’s declaration
7.1 If you use an App or Services to participate in an event, you must also agree to MYLAPS’s
participant’s declaration, which is presented to you and must be accepted by you when you
install and use the Apps.
Article 8. Other provisions
8.1 In the event of a transfer of business, MYLAPS may transfer the rights and obligations underthese Conditions of Use and the participant’s declaration to a third party.
Article 9. MYLAPS
9.1 “MYLAPS” means MYLAPS B.V., a private limited liability company, having its registered officein Haarlem, the Netherlands, and maintaining a place of business at Zuiderhoutlaan 4, (2012PJ) Haarlem, registered in the Trade Register of the Chamber of Commerce under number
34053090, and its affiliated companies.
9.2 The name “MYLAPS” as used in these Conditions of Use means the entire MYLAPS group. TheMYLAPS group includes MYLAPS B.V., Mylaps Experience Lab B.V., Mylaps Event Timing
B.V., Mylaps US, Inc. (Atlanta, GA, USA), Mylaps Japan KK (Tokyo, Japan) and Mylaps AsiaPacific (Sydney, Australia). The MYLAPS group has several Apps; these Conditions of Usegovern every visit and every use of MYLAPS’s Apps.
Article 10 Governing law and disputes
10.1 All legal relationships between MYLAPS and the Users are governed exclusively by Dutch law,also if an obligation is performed in whole or in part abroad or if the User involved in the legal
act is domiciled abroad, unless mandatory rules of law provide otherwise.
10.2 The Court of Haarlem, the Netherlands, has exclusive jurisdiction to hear and decide on any
dispute between MYLAPS and the Users related to the Apps, except insofar as mandatory rulesof law provide otherwise.

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