Effective Date: 01/01/2025 Last Updated: 08/02/2026
1. Introduction
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
2. Binding
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
5. Newsletter
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
6. Third-party property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
7. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
8. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
10. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
this website or our products or services will meet your requirements;
this website will be available on an uninterrupted, timely, secure, or error-free basis;
the quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
11. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.
12. Accessibility
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.
13. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of United States.
14. Affiliate marketing
Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.
15. Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
16. Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
17. Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
18. Indemnification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
19. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
20. Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
21. Entire agreement
These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Kotriton in relation to your use of this website.
22. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
23. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of United States. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of United States. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
24. Contact information
This website is owned and operated by Kotriton.
25. Kotriton Lab Mobile Application
This section applies specifically to the Kotriton Lab mobile application, including its content, accounts, features, recommendations, training tools, and related services collectively referred to as the “App.” The App and the website are together referred to as the “Services.”
By downloading, accessing, creating an account for, or using the App, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the App.
25.1 Eligibility and User Accounts
You must be legally capable of entering into a binding agreement to create and use a Kotriton Lab account.
If you have not reached the age of legal majority in your jurisdiction, you may use the App only with the permission and supervision of a parent or legal guardian.
You agree to provide accurate, current, and complete account information and to update that information when necessary.
You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account. You must promptly notify us if you believe that your account has been accessed or used without authorization.
You may not create an account using another person’s identity, impersonate another person or organization, or use the App for fraudulent or unlawful purposes.
25.2 Limited License to Use the App
Subject to your compliance with these Terms and Conditions, Kotriton grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, install, access, and use the App for your own personal and non-commercial purposes.
This license does not transfer ownership of the App or any content, software, trademarks, designs, databases, training materials, photographs, videos, graphics, text, or other intellectual property made available through the App.
You may not:
- Copy, reproduce, distribute, publicly display, publish, sell, license, or commercially exploit any part of the App or its content.
- Modify, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except where such restriction is prohibited by applicable law.
- Scrape, extract, collect, index, or systematically download App content or data.
- Remove or alter copyright, trademark, attribution, or proprietary notices.
- Use the App or its content to create, train, develop, or improve a competing product, artificial intelligence model, database, course, or commercial service.
- Share account access with unauthorized users or circumvent access, security, or usage restrictions.
25.3 Educational and Training Content
The App may provide courses, programs, drills, recommendations, demonstrations, articles, product information, and other educational or training-related content.
This content is provided for general informational and educational purposes only. It is not medical advice, diagnosis, treatment, rehabilitation advice, emergency guidance, or a substitute for instruction from a qualified coach, physician, physical therapist, lifeguard, diving professional, or other appropriately trained professional.
Individual results may vary. We do not guarantee that use of the App will produce any particular improvement in performance, skill, fitness, health, safety, or competitive results.
You are responsible for determining whether any activity, course, drill, exercise, equipment recommendation, or training program is appropriate for your experience, abilities, physical condition, environment, and circumstances.
25.4 Water-Sports and Physical-Activity Risks
Swimming, open-water swimming, surfing, paddleboarding, kayaking, freediving, scuba diving, snorkeling, triathlon, water polo, and other physical or water-based activities involve inherent risks.
These risks may include exhaustion, overexertion, collision, equipment failure, changing weather, currents, waves, cold water, heat exposure, drowning, decompression illness, loss of consciousness, serious injury, and death.
You are solely responsible for:
- Assessing your health, skill level, experience, equipment, and environmental conditions before participating.
- Obtaining appropriate professional instruction, supervision, certifications, permits, and medical clearance when necessary.
- Using appropriate safety equipment and following applicable laws, rules, warnings, and established safety practices.
- Avoiding training alone where supervision, a buddy, lifeguard, spotter, or other safety support is recommended.
- Stopping an activity and seeking appropriate assistance if you experience pain, dizziness, breathing difficulty, disorientation, loss of control, or other concerning symptoms.
Never rely on the App as an emergency service, rescue tool, dive computer, navigation device, weather-warning service, medical device, or substitute for trained supervision.
To the maximum extent permitted by applicable law, you voluntarily assume the risks associated with activities undertaken based on or in connection with App content.
25.5 No Professional Relationship
Your use of the App does not create a physician-patient, therapist-patient, coach-athlete, instructor-student, fiduciary, advisory, or other professional relationship between you and Kotriton.
Any profiles, credentials, interviews, demonstrations, or contributions from athletes, coaches, instructors, experts, or other individuals do not create a direct professional relationship between those individuals and App users.
25.6 Progress, Recommendations, and App Results
The App may record or display completed lessons, saved content, preferences, progress, recommendations, achievements, or other activity information.
Progress indicators and recommendations are informational features only. They may be incomplete, delayed, inaccurate, unavailable, or affected by device, network, account, software, or data-processing issues.
Course, content, training, and product recommendations may be based on information you provide or your interactions with the App. Recommendations are not guarantees that particular content, products, activities, or equipment will be suitable for you.
You remain responsible for independently evaluating all recommendations before acting on them.
25.7 App Availability and Changes
We may add, modify, suspend, restrict, replace, or discontinue any App feature, course, content item, recommendation, integration, or service at any time.
We do not guarantee that:
- The App will always be available, uninterrupted, secure, or error-free.
- Particular courses, features, products, or content will remain available.
- App content will always be current, complete, or accurate.
- Progress, saved content, settings, or other account information will always be preserved.
- The App will remain compatible with every device, operating-system version, or third-party service.
You are responsible for maintaining compatible equipment, software, internet access, and any charges associated with using the App.
25.8 Updates
We may release updates, corrections, security patches, enhancements, or new versions of the App.
Some updates may be required for continued use of the App. If you do not install a required update, some or all App features may become unavailable.
Your device or app marketplace settings may allow updates to be installed automatically.
25.9 Third-Party Services and Product Links
The App may display, access, integrate with, or link to third-party platforms, websites, services, products, content, payment providers, or application programming interfaces.
Third-party services are governed by their own terms, policies, availability, and practices. Kotriton does not control and is not responsible for third-party services except to the extent required by applicable law.
Product details, prices, availability, shipping terms, and promotions displayed in the App may originate from the Kotriton website or other service providers and may change without notice.
Purchases completed through the Kotriton website remain subject to the applicable ordering, payment, shipping, return, and website terms.
25.10 User Feedback and Submissions
If you submit feedback, suggestions, reviews, ideas, corrections, questions, support materials, or other communications relating to the App, you grant Kotriton a worldwide, perpetual, irrevocable, transferable, sublicensable, non-exclusive, and royalty-free license to use, reproduce, modify, analyze, publish, distribute, and otherwise use that material for operating, improving, marketing, and developing the Services.
This license does not grant Kotriton ownership of personal information, which will be handled in accordance with our Privacy Policy.
You represent that you have the necessary rights to submit such material and that its use by Kotriton will not violate the rights of another person or organization.
25.11 Account Suspension and Termination
We may suspend, limit, or terminate your App account or access to the App if:
- You violate these Terms and Conditions.
- We reasonably suspect fraud, abuse, unauthorized access, unlawful activity, or a security risk.
- Your use creates risk or potential legal exposure for Kotriton, our users, or third parties.
- Suspension or termination is required by law, a regulatory authority, a platform provider, or a service provider.
- We discontinue the App or the relevant service.
Where reasonably appropriate, we may provide notice before terminating your account. However, immediate action may be taken when necessary to protect security, users, Kotriton, or third parties.
You may stop using the App at any time. Deleting the App from your device does not automatically delete your Kotriton Lab account.
Account and personal-information deletion are addressed in the Privacy Policy and through the account deletion process available in the App.
25.12 App Stores and Platform Providers
If you download the App through the Apple App Store or another application marketplace, you acknowledge that:
- These Terms and Conditions are between you and Kotriton, not the applicable marketplace provider.
- Kotriton, not the marketplace provider, is responsible for the App and its content, subject to applicable law.
- The marketplace provider has no obligation to provide maintenance or support services for the App.
- Your use of the App must comply with the applicable marketplace’s usage rules and terms.
- The marketplace provider and its subsidiaries may be third-party beneficiaries of the provisions applicable to the App and may enforce those provisions against you where permitted by the applicable marketplace terms.
For an App obtained through the Apple App Store, the license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions and applicable Usage Rules, including permitted use through Family Sharing or volume purchasing where available.
If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the App, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation concerning the App.
Kotriton, not Apple, is responsible for addressing claims relating to the App, including product-liability claims, legal or regulatory compliance claims, consumer-protection claims, privacy claims, and claims that the App infringes a third party’s intellectual-property rights.
25.13 Privacy
Your use of the App is subject to the Kotriton Privacy Policy, including the provisions specifically addressing Kotriton Lab.
By using the App, you acknowledge that information may be collected, used, stored, and disclosed as described in the Privacy Policy.
25.14 Survival
Provisions concerning intellectual property, licenses, user submissions, assumption of risk, disclaimers, limitations of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive will remain effective after termination of your account or use of the App.
You may contact us regarding these Terms and Conditions through our contact page.
