Collective Action ApS – Terms and Conditions

1. Introduction

Welcome to Phantribe Services, which is brought to you by Collective Action ApS (Together, our "Company") and made accessible to you at https://phantribe.com, or through our mobile applications, usable through tablets, cell phones, personal digital assistants, and other devices (collectively, "our Services").

We want to inspire people through charity, physical fitness, mental willpower, self-confidence, motivation and team spirit – and develop an even better company culture together.

2. The Services We Provide

If not particularly expressed otherwise, the Service presented by our Company is constrained to: a physical exercise tracing app for our users to follow their training related physical activities in their life's, with the help of gamification and community interaction and motivation (the "Service" or "Services").

The Service DOES NOT DELIVER ANY MEDICAL EVALUATION, TREATMENT, OR DIAGNOSIS. If you are facing a medical condition, get in touch with a qualified healthcare provider.

3. We Are NOT a Charity Organization

PhanTribe / Collective Action ApS is NOT a charity organisation. We are a Tech company and one of our products PhanTribe Charity equips companies, who wish to do a charity event with a technology solution that supports such an event. PhanTribe Charity does not handle fundraising or money transfers to charitable organizations.

4. No Medical Consultation or Advice

You can not use the information and exercises made available in our Services for determining or diagnosing a health complication or disease. Our Services do not bring you any medical advice and can not replace professional medical diagnosis or treatment.

5. Acceptance of Risk

When using our Services you acknowledge that the activities, exercises and workout programs made available in our Services can be demanding and it is wise to scale and do them with moderation. By accepting this Agreement, you disclaim any right toward PhanTribe for injuries sustained during physical activities provided through the Service.

6. Terms for Using the Service

In order to use our PhanTribe App Services, free of charge or for a fee, you will have to set up a user account with the provided login code (a "User Account"). You must be at least 18 years of age and have full legal capacity. You bear sole responsibility for all activity on your account and must protect your password confidentiality. Unauthorized use of your account must be reported immediately.

7. Representations

By using the PhanTribe service, you are guaranteeing that (1) You are in full possession of the right, the authorization, the ability and the capacity to take part of this Agreement and furthermore to follow all the terms and conditions of this agreement; (2) your signup information is accurate; (3) you will maintain the correctness of your information; and (4) your usage complies with applicable laws.

8. The Scope of Provided Services Can Vary

The scope of the Service provided by PhanTribe can vary and depends on whether you use the Phantribe offering free of charge or for a fee. Required equipment like gym machines and weights are user-provided expenses. Nutrition guidance information does not include actual food provisions.

9. Use Rights and Termination/Registration

In case you are using PhanTribe Services because it is being offered to you by the company you work for on an enterprise basis, your user capabilities and rights to use the PhanTribe Services and to create your User Account is governed by our relationship with the company you work for. The company reserves the right to modify services and terms without prior notice, with changes becoming effective upon incorporation.

10. Intellectual Ownership & Use Rights of Content

The PhanTribe Services made available to you contains trademarks, data, text, designs, images, documents, exercises, workout programs, inventions, illustrations, files, audio, patents, knowhow, utility model rights, video clips, and other materials and content (collectively, the "Content") and is covered and protected by copyright and other restrictions. You may not copy, modify, distribute, publish, republish, mirror, frame, display, sell, or transmit any Content except for personal, non-commercial use.

11. Your Accepted User Warranty

You agree that when downloading or using any content you will: (1) limit usage to personal, non-commercial purposes only; (2) comply with all terms and conditions; and (3) avoid violating PhanTribe's or others' rights. The Company expressly does not warrant that usage of any of the Content in our Services will not breach the rights of third parties.

12. User Interaction

The Service includes interactive features like forums, messaging, and social networking where users post profiles, photos, and reviews. While user profiles are visible to others, PhanTribe accepts no responsibility and has no legal obligation for any content or material of any kind posted by users or third parties. However, the Company retains absolute discretion to remove, screen, and edit any material without notice.

13. No Collection of Personal Data or Commercial Use

Users agree not to harvest personally identifiable data, account names, or activities from other members for personal or unauthorized purposes. Commercial use of the Service is prohibited entirely.

Notwithstanding the foregoing, where the Service is provided on an enterprise basis, your employer may receive aggregated or individual-level data relating to its employees' use of the Service, including names, email addresses, and photos uploaded through the platform, as set forth in the agreement between the Company and your employer and in accordance with applicable data protection law. Such data access is limited to the employer's legitimate administrative and organizational purposes.

14. Restriction on User Commercial Exploitation

Unauthorized commercial disclosure or use of Service content is illegal without express written approval from PhanTribe. You guarantee that you access content solely for private purposes, not for commercial use. The Company will investigate violations and pursue civil, criminal, and injunctive charges, including against harvesting usernames, emails, or unauthorized mass messaging.

15. Disclosure of Personal Information

PhanTribe may disclose personal information to third parties when reasonably necessary to: (1) comply with law; (2) prevent death or severe injury; (3) prevent fraud or user exploitation; or (4) protect Company business, property, and legal rights.

In addition, where your employer has entered into an enterprise agreement with the Company, your employer may receive access to certain personal data relating to your use of the Service (including your name, email address, and photos you have uploaded) as described in Section 13 and in the Company's Privacy Policy.

16. Services for a Fixed Period of Time

Some services operate on fixed-term bases and end automatically at the end of the period without any further notice and without needing to be terminated. Where the Service is provided under an enterprise agreement, the duration and renewal terms are governed by that agreement.

17. Changes in Subscription

When employers upgrade or downgrade subscriptions, PhanTribe terminates the original subscription and activates the updated one immediately. Users gain access to new functionalities on the effective date. Subscriptions continue in accordance with the terms of the enterprise agreement between the Company and the employer, which may provide that the subscription does not renew automatically.

18. Ending Your User Account & Contract

Both users and employers can cancel accounts in accordance with the terms of their enterprise agreement with the Company. PhanTribe may delete all user-added content and activity following account termination. The Company can terminate accounts without notice if agreed with employers, or if users breach contract terms, violate conditions repeatedly, or fail payment obligations.

Your employer may also terminate its enterprise agreement with the Company, which may result in the termination of your access to the Service. In such event, the Company shall delete all information and photos provided by or on behalf of users within one (1) month of the effective date of such termination, unless a shorter or longer retention period is agreed in the enterprise agreement or required by applicable law.

19. Modification of General Terms and Conditions

PhanTribe reserves the right to modify these Terms and Conditions as needed for legal, regulatory, or technical reasons. Changes become effective upon incorporation without prior notice. If you continue using the Service after the effective date of the changes, you accept the new terms. If you object, the Company may cancel or suspend your account.

20. Personal Data & Privacy Policy

Your personal data is handled in accordance with the Company's Privacy Policy, which governs how your information is collected, used, shared, and stored.

Where the Service is provided on an enterprise basis, your employer may have agreed with the Company on specific terms regarding the handling, access, export, and deletion of personal data. In such cases, the enterprise agreement and the Privacy Policy apply together. You are encouraged to contact your employer's designated project manager for details on how your data is handled within the enterprise arrangement.

21. Disclaimer

PhanTribe strongly recommends that you consult your doctor before beginning any exercise program, especially if you experience breathing difficulties, chest pain, diagnosed heart conditions, bone or tendon problems, are taking medication, have been physically inactive, or experience dizziness. The information in our Services serves educational and informational intention alone and cannot replace qualified medical consultation, advice and treatment. Results vary significantly between individuals and PhanTribe makes no guarantees regarding outcomes or success.

22. Limitation on Liability

PhanTribe cannot be held liable for direct, indirect, consequential, or incidental damages, including lost data, lost profits, or business interruption, regardless of whether the Company was informed of potential damages. The Company's liability is limited to the amount paid, if any, by you or your employer for Services used during the contract period. Users must follow provided guidelines and ensure that equipment is properly maintained. Danish product liability act claims remain unaffected.

23. Disputes

In case there is any dispute about or involving PhanTribe Services, by using the Services, you as user and you as paying company agree that the dispute will be governed by the laws of Denmark without regard to the form of conflict or where it geographically happened. You as user and as paying company agree to jurisdiction in Denmark and courts in Denmark and the exclusive place of jurisdiction for all disputes arising from this contract will be determined by PhanTribe.

24. Security & Information Access

Transmissions over the Internet are never 100% secure or error-free. We take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. Phantribe has the right to use certain trusted third parties to help us implement, upgrade, safeguard, and develop our Services. These third parties will access your information only to perform tasks on our behalf and in compliance with these Terms and Conditions.

25. Service Down Periods

From time to time, the Site may be inaccessible or inoperable for any reason, including equipment malfunctions, Service updates, maintenance and repairs and causes beyond our control or those that are not reasonably foreseeable. And you accept to have no claims for damages whatsoever in such incidences.

26. Validity Clause

In case any individual provisions or clauses in these General Terms and Conditions of use would be or become invalid in whole or in part, it will not influence the validity of the remaining clauses and provisions.

27. Indemnity

You accept to indemnify PhanTribe, its licensors, subsidiaries, affiliates, and their respective officers, agents, representatives and other partners and employees, from any claim, liability, loss, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the PhanTribe Service in violation of this Agreement.

28. No Agency, Partnership or Joint Venture

There is no and will never be any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between PhanTribe and any User of the Service, or between PhanTribe and any User's employer, paying for the Service.

29. Reserved Rights

We specifically reserve all rights that we do not expressly grant in these Terms and Conditions. Nothing in the Services provided or in these Terms and Conditions grants any right or license to use any property of any third party.

30. Errors and Omissions

Information made available in our Services may hold technical inaccuracies or typing errors. The information can be altered and/or updated without further notice. PhanTribe may also make improvements and/or changes to the supplied Service at any time without notice. When accepting this Agreement you particularly recognize that any and all material included in the PhanTribe Services, may be removed from the Services at any time without prior notice.

31. Other

If any terms and conditions of this Agreement are not accepted by you in full, you do not have permission to access the contents of the Service and therefore should cease using the Service immediately. The failure of PhanTribe to exercise or enforce any right or provision of these Terms of use shall not constitute a waiver of such right or provision. If any clause and/or provision of this Agreement is held invalid, the remainder of this Agreement shall remain in full force and effect. The section titles and number order in these Terms of use are for convenience only and have no legal or contractual effect.

32. Contact Information

Email: info@phantribe.com
Company CVR no.: 41511605