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Privacy Policy & Terms of Use

Athlex Platform [refer definition 1(f)] is owned by Athlex Innovations Private Limited (hereinafter referred as ‘Owner’ or ‘Company’). The Company through its platform provides facility to test certain components of personal fitness using augmented reality and computer vision and get a fitness test reports (hereinafter referred to as ‘Services’).

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Athlex Platform helps the User [refer definition 1(c)] to avail various personal fitness tests from using their mobile or desktop or laptop or tablet by registering (creating Athlex account) and becoming Registered User [refer definition 1(d)]. Registered Users can give various fitness tests of upper, middle and lower body parts by augmented reality and computer vision. Thereafter Registered Users will get detailed reports of the test performed including separate and cumulative work test reports. To avail such services the Registered User has to pay monthly or quarterly or annual subscription fees.

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By accessing Athlex Platform, the User or Registered User agrees to abide by and bound by the Terms and Conditions of Athlex Platform. The Terms and Conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of the Athlex Platform by the User or Registered User.

Please read this Agreement carefully. By singing in or logging on the Athlex Platform the User/Registered User accepts the terms and conditions and by default follows the terms and conditions of Athlex Platform. The User or Registered User is advised to regularly check for any amendments or updates to the terms and conditions from time to time.

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The Athlex Platform reserves the right to modify the terms and conditions of the Service Agreement ("Terms of SERVICE") and Disclaimer without any prior notification. The User/Registered User is advised to regularly review the Terms of Service. If the User/Registered User does not agree with any of the Terms and Conditions and any amendments thereto, the User/Registered User shall refrain from using the Athlex Platform and/or Services.

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These Terms and Conditions constitute a binding legal agreement between the Owner and User/Registered User/s; and govern legal rights, remedies, obligations and various other terms like limitations, jurisdiction, applicable law etc.

The Agreement between the User/Registered User and the Athlex Platform shall be subject to following Terms and Conditions: -

1. Definitions:

The terms wherever used shall unless contrary, carry the meaning as given under: a) “Athlex Platform” means and includes the Athlex’s Website or Mobile

Application owned by Athlex on Internet and respective stores.
b) “Agreement” means the Terms and Conditions contained herein along with any Privacy Policy of any other Website/Application/portals whose links are provided on Athlex Platform. It shall also include reference to this Agreement

as and when amended, novated, supplemented varied or replaced.
c) “User” means and includes any person who visits the Athlex Platform to see

the various services provided by the Company through its Athlex Platform.
d) “Registered User” means and includes any person who registers with the Athlex Platform by accessing the Athlex Platform on the Athlex’s Mobile Application by providing his/her/their required predefined details along with

the payments.

2. Eligibility, Registration and Termination:

a. Athlex Platform can be downloaded from Google Play Store or Apple Play Store as per the requirements of the User required. Athlex Platform can be used/accessed only by persons who are able-bodied individuals and can form a legally binding contract under the Indian Contract Act, 1872. If User/Registered User is a minor i.e., under the age of 18 years, you may use Athlex Platform only with the involvement of a parent or guardian. The User may use Athlex Platform and shall have access to the platform while a User can

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also register on the Athlex Platform and creates an account to become a Registered User and get complete access to Athlex Platform.

  1. While creating an account and to become a Registered User, the User has to provide his/her/their personal information such as full name, e-mail ID, mobile number, OTP and Location. The User may register by providing his/her/their Mobile Number and email and thereafter the Owner through its backend shall send a system generated email and OTP on the provided mobile number and email address of the user for verification. Post verification by the User, the User’s ATHLEX account will be created, and User will become Registered User.

  2. After completion of registration, Registered User has to fill a Physical Activity Readiness Questionnaire which includes registered User’s: Name, age, weight, gender, date of birth, height, medical history, injury history, basic fitness parameters scores, mobile number, email ID, location.

  3. The Registered User agrees that the Information provided by him/her/them at the time of registration is true, complete and correct and that any change in the Information will be updated to the Owner with immediate effect of the change. If the Information details are found not to be true (wholly or partly), the Owner has the right in its sole discretion to reject the registration and debar the Registered User from using the Services of the Athlex Platform and/or other affiliated Website/Websites without prior intimation whatsoever.

  4. The Registered User further agrees if he/she registers with the Athlex Platform in spite of he/she is not able-bodied individuals and that they suffer any physical aliment due to the same, in that case the Athlex Platform assumes of liability and that the Registered User shall be liable for the same.

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  1. The Registered User agrees that he/she are using the Athlex Platform services on their own will and that the Owner shall not be responsible for any health- related issue suffered by the Registered User due to the use of the Athlex Platform services.

  2. The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Registered User’s account at any time, for any reason, without notice, including when a Registered User fails to abide by these Terms and Conditions, or any other policy or terms posted anywhere on the Athlex Platform.

  3. The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Registered User’s account at any time if any Registered User –

    1. uploads pornographic contents/photos/videos/links on Athlex

      Platform.

    2. uploads any detrimental or offensive contents/photos/videos/links or

      offensive comments/photos/videos/links pertaining to religion on

      Athlex Platform.

    3. Any content that promotes or incites violence, terrorism, illegal acts, or

      hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable.

  4. The Registered User or may be prohibited from creating a new account if he/she/they has/have been previously terminated as per the above- mentioned circumstances or for any other reason whatsoever objectionable by the Owner.

  5. If any Registered User misuses the details of any other Registered User, then the Owner reserves the right at its sole discretion to terminate that Registered

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User account and the owner reserves the right at its sole discretion to initiate appropriate legal action against the Registered User(s).

3. Facilities for Users:

The facilities for user are as follows-
a) Browse the Athlex Platform;
b) Avail various free body fitness tests by augmented reality and computer vision; and
c) Get fitness test reports after completion of free test/s.

  1. Facilities for Registered Users:

    The facilities for Registered Users are as follows-

    1. a)  To avail free and paid body fitness tests by augmented reality and computer

      vision;

    2. b)  To Purchase Monthly, Quarterly, Half yearly, Yearly subscription/license fees;

    3. c)  To generate fitness test reports after completion of free test/s;

    4. d)  To generate cumulative fitness test reports for specified days.

    5. e)  To create and give group fitness tests.

  2. Use of Contents and restrictions on Registered User:

    1. The Registered User agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available on the Athlex Platform, any content and/or material that is unlawful, unsolicited including unsolicited messages, e-mails, and/or material which contains viruses, trojans, worms, files or software intended to interrupt, corrupt, destroy, limit the use, access or functionality of the Athlex Platform.

    2. The Registered User also agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available on the Athlex Platform, any content and/or material that is harmful, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, abusive, invasive of

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another person’s privacy, hateful or racially, ethnically objectionable, disparaging or relating to or encouraging money laundering or gambling etc.

c. The Registered User agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available any content and/or material which is in violation of patents, trademark, copyright or any other proprietary rights of other person/people.

  1. The Registered User can only access and/or avail fitness tests on Athlex Platform only for his/her purpose and shall not copy/modify/broadcast/share the content from the Athlex Platform for anybody else.

  2. The registered user agrees that user data will be stored on a server in India and will be under the guidelines as mentioned in the relevant laws of the Republic of India.

  1. Privacy Settings:

    Privacy settings will be in line with the guidelines provided under the related laws of the Republic of India.

  2. Notification Settings:

    A User or Registered User agrees to receive messages or emails from ATHLEX for notifications purpose.

  3. Conduct of Registered Users:

    The Registered Users accept and agree that he/she/they are entirely responsible for compliance of all the laws, rules or regulations etc. that applies to Registered User’s use and/or access of the Athlex Platform or Services.

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9. Applicable laws and Jurisdiction:

These terms shall be governed, interpreted and construed in accordance with the laws of the Republic of India applicable from time to time. The Athlex Platform and the Registered User agrees to submit to the exclusive jurisdiction of courts located in Pune, Maharashtra, India for any claims, actions, demands, suits, disputes arising out of and/or in connection with Services provided by Athlex.

10.Limitation of Liability:

  1. To the fullest extent permissible by law, in no event shall the Owner or its employees, group companies or agents be liable for any direct, indirect, special, consequential damages or damages of any other kind incurred by the Registered User or any third party arising out of the Registered User’s access or use or inability to access or use Athlex Platform and/or its Services.

  2. The Information and Services displayed through the Athlex Platform including test reports may include inaccuracies. Additionally, a possibility exist that unauthorized additions, deletions and alterations could be made by third parties to Athlex Platform.

  3. The Owner shall not be held liable and/or responsible for any fake identity, fake calls, frauds caused through people through the help of Athlex Platform.

  4. In any event, the Owner will not be held liable for any loss or damage including without limitation, indirect or consequential loss or damage or any loss or damage whatsoever arising from loss of data arising out of, or in connection with, the use of Athlex Platform.

  5. The User or Registered User expressly agrees that the Owner is not responsible for the information posted and/or shared by the User Registered User

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  1. The Registered User expressly agrees that Owner is not responsible and/or liable for any threatening, defamatory, obscene, unlawful, harmful, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The Registered User specifically agrees that the Owner will not be held responsible and/or liable for any content/data sent using and/or included on /Athlex Platform or Service by any third party/parties.

  2. NOTWITHSTANDING anything contained herein, in any event, the liability of financial or otherwise, suffered to the Owner of the Athlex Platform shall be limited to the amount paid by the Registered User and shall not exceed the sale value.

11. Disclaimer:

Every effort is made to keep the Athlex Platform up and running smoothly. However, the Owner takes no responsibility for, and will not be held liable for the Athlex Platform being temporarily unavailable due to technical issues beyond our control.

12.Warranty and Indemnification:

  1. Athlex Platform is provided by the Owner, on “AS IS” and “AS AVAILABLE” basis without express or implied warranty or condition of any kind. The Registered User will give fitness tests on Athlex Platform at his/her/their own risk. The Athlex Platform disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability.

  2. The details and/or information provided by the Owner make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Athlex Platform and/or the information contained on the Athlex Platform

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for any purpose. Any relation the Registered User places on such information are therefore strictly at their own risk.

c. The Registered User agrees that the Owner is not held responsible or held liable for any transaction between the Registered User and third-party providers (including payment gateways etc.) of Athlex Platform or Services provided through Athlex Platform. No advice or information whether oral or in writing received from the Registered User of the Athlex Platform shall create any warranty on behalf of the Athlex Platform in this regard.

d. The Registered User agrees to always indemnify, defend and hold harmless the Owner from any suits, claims, losses, fines, penalties, damages, liabilities, demands, expenses including, but not limited to, reasonable legal expenses and accounting fees arising out of and/or in connection with any violation and/or act and/or omission committed and/or alleged to be committed by the Registered User.

13.Intellectual Property:

The User and Registered User acknowledges and accepts that unless otherwise expressly stated, all the content on the Athlex Platform including, but not limited to, images, graphics, photos, sounds, music, videos, reports, software, script, trade names, trademarks, logos, labels, service marks and/or any other proprietary marks are either owned by the Owner or licensed thereto. No information, content or portion uploaded on the Athlex Platform shall be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purposes not expressly permitted by Owner. It is the policy of the Athlex Platform and/or Owner to terminate in its sole discretion, accounts of Registered User or in appropriate circumstances found repeatedly infringing the rights of Owner of copyright, trademark or other intellectual property rights. Athlex Platform, its Services and all the content is protected by copyright, trademark and other relevant laws of India. In case of any violation user or registered user is liable to appropriate legal action.

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14.Payment Terms:

  1. The Registered User shall avail services by making payment with respect to the concern test plans through Athlex Platform. The Registered User is required to purchase the paid facilities in the Athlex Platform by paying through the payment gateway on Athlex Platform via subscription models. Once the payment is made successfully by the Registered User, he/she/they will receive a receipt of payment immediately by email and SMS.

  2. Athlex Platform reserves the right to use third party platform to co-ordinate such payment transaction by the Registered Users. The Owner shall not be held responsible for loss or damages cost to the Registered User by such third party/parties.

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Privacy Policy

This Privacy Policy is for Athlex mobile APP and associated Platform (referred to further as Athlex Platform), and the privacy policy is served by the Owner of the Athlex Mobile APP and associated Platform i.e., Athlex Innovations Private Limited. This privacy policy governs the privacy of its Users/Registered Users that choose to use it.

Athlex mobile APP can be downloaded from Google Play Store or Apple Store as required. Athlex Mobile APP showcases Athlex’s work and provide a platform for users to easily test his/her fitness and get fitness reports easily by availing augmented reality and computer vision on Athlex Platform. Athlex Platform provides (various fitness tests, separate and cumulative fitness test reports etc.) and provides those experiences on its platform. Athlex Platform provides access to a User in a limited form for few selected free tests, and User can only avail then paid test by registering and becoming a Registered User.

In order to become a Registered User, the User has to Register himself/herself on Athlex Platform and create an account for themselves. To become a Registered User, a User has to create his/her account on Athlex Platform by downloading the Mobile Application from Google Play Store or Apple Store. Then User has to enter his/her mobile number. After confirmation of One Time Password (OTP) a User will become a Registered Use. Thereafter Registered User must provide basic health parameters such as name, age, weight, height, medical history, injury history, basic fitness parameters scores, country, location etc. Registered User can avail service from Athlex Platform by paying a monthly, quarterly, or annual Subscription Fee.

The privacy policy informs the Users and the Registered Users of policies and procedures regarding collection, use and disclosure of personal information that we receive from Users/Registered Users. The owner of Athlex Platform reserves the right to change the provisions of the privacy policy from time to time without any prior notice and restrict Users/Registered Users to access Athlex Platform upon the owner’s sole discretion.

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  1. Information Collected:

    1. A User is required to provide personal information to register on Athlex Platform by providing his/her/their Mobile Number. Athlex Platform may collect personal information when the User registers his/her details. While registering, the Athlex Platform asks for the personal information of the User that is personally identifiable like name, address, mobile number, e- mail address, age, weight, height, medical history, injury history, basic fitness parameters scores, country, location etc. Athlex Platform may collect any information which is required to be stored and verified. Athlex platform shall store the said information at a server located in India.

    2. There is certain information which is also automatically collected such as Internet Protocol (IP) address, browser type, access time etc. IP Address is received automatically from the User’s/Registered User’s internet service provider and recorded into the owner’s server logs.

  2. Information use: Athlex Platform uses information like Internet Protocol (IP) address, browser type, access time and Registered User’s personal information to maintain the quality of its service.

  3. Information Sharing and Disclosing Personal Information to Third Parties

    1. Any personal information or non-personal information may be disclosed to owner’s other companies, agents, service providers or other companies working for the owner like processing payments, provision of data storage, hosting Athlex Platform, marketing the owner’s services, organizing audits and performing web analysis.

    2. Additionally, Athlex reserves the right to utilize User/Registered Users personal information, without notice for marketing Athlex Platforms services. Athlex further reserves right to disclose a User/Registered Users personal information, without notice, if required to do so by any law for the time being in force or if it is necessary to comply with legal process

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prevailing in the country or if it is necessary to protect the rights and property of Athlex or to protect the rights and property of other Users/Registered Users of Athlex Platform.

4. Information Security: Athlex Platform secures the personal information provided by the User/Registered User on computer servers in a controlled and protected environment to prevent loss, misuse, unauthorized access, disclosure, alteration and destruction of the information. It is necessary that Users/Registered Users keep their personal information including, but not limited to, email address and password confidential and must not share it with anyone to prevent unauthorized use or access of their personal information. The owner will not be held responsible for any misuse of Athlex Platform by the Users/ Registered Users. Misuse of Athlex Platform data by the Users/Registered Users includes but not limited to sharing the data, selling data, providing incorrect information, removing/erasing records, intentional tampering with data. The owner shall not sell, trade or lease collected information without the User’s/Registered User’s consent.

5. Use of Cookies: A cookie is a small text file which is automatically created on the hard disk of your computer by a web page server. Cookies are not used to run programs or transmit viruses to your computer. Cookies are uniquely assigned to the User/Registered User and can only be read by a web server in the domain that issued the cookie to the User/Registered User. Athlex Platform does use cookies.

6. Applicable laws and Jurisdiction: This Privacy Policy shall be governed, interpreted and construed in accordance with the laws of the Republic of India applicable from time to time. The Athlex Platform and the Registered User agrees to submit to the exclusive jurisdiction of courts located in Pune, Maharashtra, India for any claims, actions, demands, suits, disputes arising out of and/or in connection with Services provided by Athlex.

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7. Contact Us:

If you have any questions about this Privacy Policy, please contact us at

Email: support@athlexinnovations.com
Contact: Shailendra Phatak
Address: Athlex Innovations Private Limited,
S.no 34/12, Flat Number 5, Shreeniwas Villa Wing A, Erandwane, Pune 411004, Maharashtra INDIA.

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Date of Document Release: 5th November 2022.

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Reference list

https://www.semanticscholar.org/paper/Periodic-Fitness-Testing%3A-Not-Just- for-Athletes-Peterson/cead1f83cc12493ac258b611a2757706cd12a92d

https://med.libretexts.org/Bookshelves/Health_and_Fitness/Book%3A_Concepts_o f_Fitness_and_Wellness_(Flynn_et_al.)/04%3A_Muscular_Strength_and_Endurance/ 4.04%3A_Assessing_your_Muscular_Strength_and_Endurance

MACKENZIE, B. (2005) Squats Test [WWW] Available from: https://www.brianmac.co.uk/squatest.htm [Accessed 18/10/2022]

McARDLE, W.D. et al. (2000) Training muscles to become stronger. In: McARDLE, W.D. et al., 2nd ed. Essentials of Exercise Physiology, USA: Lippincott Williams and Wilkins, p. 417

Chase, K. A., Brigham, C. E., Peterson Facsm, J. T., & Coste, S. C. (2014). Fitness norms for the plank exercise. In International Journal of Exercise Science: Conference Proceedings (Vol. 8, No. 2, p. 14).

MACKENZIE, B. (2000) Sit Ups Test [WWW] Available from: https://www.brianmac.co.uk/situptst.htm [Accessed 18/10/2022]

GOLDING, L.A. et al. (1986) Y's way to physical fitness: the complete guide to fitness testing and instruction. 3rd ed, USA: Human Kinetics

MACKENZIE, B. (2001) Press Up Test [WWW] Available from: https://www.brianmac.co.uk/pressuptst.htm [Accessed 19/10/2022]

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Phillip B. Sparling , Mindy Millard-Stafford & Teresa K. Snow (1997) Development of a Cadence Curl-Up
Test for College Students, Research Quarterly for Exercise and Sport, 68:4, 309-316, DOI: 10.1080/02701367.1997.10608012

Loarn D. Robertson & Hjordis Magnusdottir (1987) Evaluation of Criteria Associated with Abdominal
Fitness Testing, Research Quarterly for Exercise and Sport, 58:4, 355-359, DOI: 10.1080/02701367.1987.10608112

Parry, A (2022). Vertical Jump Test Explained: Normative Data &

Considerations. Available test/ [Accessed 19/10/2022].

from: https://sportscienceinsider.com/vertical-jump-

Sargent Jump Test [WWW] Available from:

MACKENZIE, B. (2007) https://www.brianmac.co.uk/sgtjump.htm [Accessed 19/10/2022]

Shaw, W (2021). Fitness tests for athletes: what to test and how to measure. Available from: https://sportscienceinsider.com/fitness-tests-for-athletes/ [Accessed 19/10/2022].

Arupendra Mozumdar, Gary Liguori & Ted A. Baumgartner (2010) Additional Revised Push-Up Test Norms for College Students, Measurement in Physical Education and Exercise Science, 14:1, 61-66, DOI: 10.1080/10913670903484835

Ferguson B. ACSM’s Guidelines for Exercise Testing and Prescription 9th Ed. 2014. J Can Chiropr Assoc. 2014 Sep;58(3):328. PMCID: PMC4139760.

MACKENZIE, B. (2000) Standing Stork Test [WWW] Available from: https://www.brianmac.co.uk/storktst.htm [Accessed 19/10/2022]

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Curnow, Dorothy. (2010). Reliability of the stork test: Is starting stance important?. Chiropractic Journal of Australia. 40. 137.

David D. Patterson & D. Fred Peterson (2004): Vertical Jump and Leg Power Norms for Young Adults, Measurement in Physical Education and Exercise Science, 8:1, 33- 41

Strand S.,Hjelm J.,Shoepe T. and Fajardo M. (2014) Norms for an Isometric Muscle Endurance Test. Journal of Human Kinetics, Vol.40 (Issue 1), pp. 93-102. https://doi.org/10.2478/hukin-2014-0011

Cheah, P.Y., Cheong, J.P.G., Razman, R., Zainal Abidin, N.E. (2017). Comparison of Vertical Jump Height Using the Force Platform and the Vertec. In: Ibrahim, F., Cheong, J., Usman, J., Ahmad, M., Razman, R., Selvanayagam, V. (eds) 3rd International Conference on Movement, Health and Exercise. MoHE 2016. IFMBE Proceedings, vol 58. Springer, Singapore. https://doi.org/10.1007/978-981-10-3737-5_33

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Date of Document Release: 05th November 2022.

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Subscription will not be cancellable and there will be not refund given to users of the Athlex App under any circumstances whatsoever.

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