Terms of Use

Please read these Terms of Use carefully before using Nemeko. By registering an account or using the app, you agree to these Terms of Use. If you do not agree to these terms, you may not use Nemeko.

1. General Information

Nemeko is operated by Nemeko GmbH, Switzerland (hereinafter “Nemeko”, “we” or “us”).

Nemeko is a digital tool for the video-based analysis of running movements. In particular, the app enables the capture and measurement of selected movement and joint angles and their approximate classification based on reference values from the scientific literature.

These Terms of Use govern the use of the app and the related services.

2. Account Types and Permitted Use

Nemeko offers different account types for private and professional use.

Consumer Account

The Consumer Account is intended for personal use. In particular, it serves to analyse one's own running movements, view measurements and improve one's own running technique.

Use of the Consumer Account in the context of paid services for third parties or for other commercial purposes is not permitted.

Coach Account

The Coach Account is aimed at running coaches, sports trainers, physiotherapists and other professionals who wish to use Nemeko in the course of their professional activities.

In particular, the Coach Account may be used to analyse running videos of clients or other persons in their care and to support the optimisation of athletic training.

Users of a Coach Account are responsible for ensuring that they are authorised to use Nemeko in their respective professional context and that they comply with the applicable legal and contractual requirements.

Login credentials must be kept confidential and protected against unauthorised access. Sharing login credentials with unauthorised persons is not permitted.

3. Purpose and Limitations of the Analyses

The measurements, analyses and reference values provided by Nemeko are intended for information purposes, running technique analysis and the optimisation of athletic training.

In particular, Nemeko does not provide medical diagnoses and is not intended to detect, treat or prevent illnesses or injuries. The information provided does not replace an individual medical or physiotherapeutic assessment.

The reference values from the scientific literature serve as general guidance. They are not necessarily applicable to every person, every running situation or every individual goal.

Measurement results and automated evaluations may be inaccurate or incomplete due to video quality, camera perspective, the detection of body landmarks or other technical factors. The results should therefore be understood as supporting information and not as fully reliable measurements.

Users are responsible for critically assessing the results and, where necessary, verifying them using other suitable methods.

4. No Guarantee of Results

Nemeko makes no promises regarding specific training results, performance improvements or an improvement in running technique.

Whether and to what extent progress can be achieved through the use of Nemeko depends, among other things, on individual physical condition, training history, training design and other personal factors.

The use of Nemeko does not give rise to any entitlement to a specific result.

5. User Responsibility

Nemeko is used at the user's own responsibility.

Users decide for themselves how to interpret and use the measurements, analyses and reference values provided. They are responsible for appropriately assessing the results in their respective context of use.

Users of a Coach Account remain responsible for their own professional assessments, recommendations and decisions towards their clients or other persons in their care. The information provided by Nemeko does not release them from their own professional duty of care.

Persons using Nemeko should seek appropriate medical advice in the event of health complaints, injuries or other health concerns, and adapt physical activities to their individual condition.

6. Availability and Technical Limitations

We strive to provide Nemeko in a reliable and functional manner. However, we cannot guarantee uninterrupted, constant or error-free availability of the app and its features.

Maintenance work, technical faults, network problems, outages of third-party providers or other circumstances may affect the availability and functionality of Nemeko.

We reserve the right to further develop, change, temporarily restrict or discontinue features to the extent permitted by law. In the event of significant changes or permanent discontinuation, we will endeavour to inform affected users appropriately.

7. Data and Data Backup

We strive to appropriately protect the data stored in connection with the use of Nemeko and to keep it available. However, permanent storage or the ability to restore all data at any time cannot be guaranteed.

Users are responsible for additionally backing up important videos and other data, where technically possible and reasonable.

We recommend not storing content exclusively in Nemeko if its permanent preservation is important to the user.

The processing of personal data is governed by our Privacy Policy.

8. Liability

We strive to operate Nemeko with due care and to provide its features to the best of our knowledge and belief. We do not guarantee the accuracy, completeness or fitness for a particular purpose of the analyses and information provided.

To the extent permitted by law, we exclude liability for damages arising from the use of Nemeko or from its temporary or permanent unavailability.

In particular, to the extent permitted by law, we accept no liability for indirect damages, consequential damages, loss of profit, loss of data or damages resulting from an incorrect interpretation or use of the measurements and analyses provided.

The above limitations of liability do not apply insofar as liability may not be excluded or limited under mandatory applicable law.

9. Data Protection

Information on the collection, processing, storage and use of personal data can be found in our Privacy Policy.

Users of a Coach Account who upload videos or other personal data of clients or other third parties to Nemeko are responsible for ensuring that they are authorised to do so and that they comply with the applicable data protection requirements.

This includes, in particular, providing the necessary information to the data subjects and, where applicable, obtaining the required consent or ensuring another valid legal basis.

Further details on the processing of such data can be found in our Privacy Policy and, where applicable, in supplementary agreements.

10. Intellectual Property

Unless otherwise stated, the app, its software, designs, trademarks, texts, graphics and other components are the property of Nemeko GmbH or are used by us under an appropriate licence.

The use of Nemeko does not grant users any ownership or other rights to these components unless expressly provided.

Reproduction, distribution, modification or any other exploitation of components of the app beyond its intended use is not permitted without our prior consent, unless permitted by law.

Users remain responsible for the videos and other content they upload. They must ensure that they hold the necessary rights to use and upload this content.

11. Prohibited Use

Nemeko may not be used in any way that violates applicable law, these Terms of Use or the rights of third parties.

In particular, it is prohibited to:

• use Nemeko for unlawful purposes;
• upload videos or personal data of third parties without authorisation;
• circumvent technical protection measures or impair the security and functionality of the app;
• copy, modify or reverse engineer the app or its components without authorisation, unless permitted by law;
• use login credentials without authorisation or make them available to third parties.

In the event of a breach of these terms, we reserve the right to temporarily restrict or block access to Nemeko, insofar as this is justified in light of the circumstances and applicable law.

12. Changes to the Terms of Use

We may amend these Terms of Use if this is necessary due to legal, technical or operational changes or due to the further development of Nemeko.

We will inform users of significant changes in an appropriate manner. Where renewed consent is required for changes, we will obtain it.

The current version of the Terms of Use is available via the information channels we provide.

13. Governing Law and Place of Jurisdiction

These Terms of Use are governed by Swiss law, excluding its conflict-of-law rules, to the extent such exclusion is legally permissible.

To the extent permitted by law, the place of jurisdiction is Aarau, Switzerland.

Mandatory statutory places of jurisdiction remain reserved.

14. Contact

If you have any questions or concerns about Nemeko or these Terms of Use, you can reach us at:

Nemeko GmbH
Switzerland

Email: info@nemeko.ch