DATE OF ISSUE: 25 April 2017
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP.
This end-user licence agreement (the “EULA”) is a legal agreement between you (the “End-user” or “you”) and Ransoft Limited (the “Licensor”, “us” or “we”) for Phyzyou application software, whether in Premium (paid for) or Freemium (for which no charge applies) the data supplied with the software, and the associated media (the “App”).
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator (the “Appstore”) from whose site the End-user downloaded the App (the “Appstore Rules”). We currently do not sell the App to you. We remain the owners of the App at all times.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST DELETE THE APP FROM YOUR DEVICE.
You should print a copy of this EULA for future reference. Please go to http://www.phyzyou.org/eula to print a copy of this EULA.
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (the “Services”), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply.
1.2 We may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or installed the latest version of the App and accepted any new terms. We reserve the right to charge a fee or amend fees for the App and any licences granted to such.
1.4 You will be assumed to have obtained permission from the owners of the devices that are controlled, but not owned, by you and described in Clause 2.2 (the “Devices”) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices and you and they are responsible for such charges. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7 The App or any Service may contain links to other independent third-party websites (the “Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.8 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Grant and Scope Of Licence
2.2 You may download or install a copy of the App onto iPhone (iOS version 8 or later), Mac (OSX 10.10.4 or later) & Android (4.1 or later versions) compatible phones and to view, use and display the App on the Devices for your personal purposes only.
3. Licence Restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
3.1 not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
3.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
3.4.1 is used only for the purpose of achieving inter-operability of the App with another software program;
3.4.2 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
3.4.3 is not used to create any software that is substantially similar to the App;
3.5 to include our copyright notice on all entire and partial copies you make of the App on any medium;
3.6 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.7 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”), together “Licence Restrictions”.
4. Acceptable Use Restrictions
4.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
4.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
4.3 not transmit any material that is defamatory, offensive, threatening or otherwise objectionable in relation to your use of the App or any Service;
4.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
4.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
together “Acceptable Use Restrictions”.
5. Intellectual Property Rights
5.1 You acknowledge that all intellectual property rights in the App, its content and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the content or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6. Warranty and Limitation of Liability
6.1 Unless otherwise agreed by us in writing, the material and content displayed on the App is provided “as is” without any guarantees, conditions or warranties as to its accuracy or other terms of any kind.
6.2 Unless otherwise provided expressly in this EULA, to the extent permitted by law, we, other members of our group of companies, our officers and directors and third parties connected to us hereby exclude:
6.2.1 all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:
(a) that the App and Services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
(b) that the App will meet your requirements, is error-free, without interruption or available at all times;
(c) that the results obtained from using the App, including any Services or deals, will be effective reliable accurate or meet your requirements;
(e) that you will be able to access or use the App or Services at times or locations of your choosing; and
(f) any warranties on the basis of oral or written information given by our representative;
6.2.2 any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the App or in connection with the use, or results of the use of the App, any apps linked to it and any materials posted on them, including without limitation any liability for:
(a) loss of income or revenue
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings, the use of money or opportunity;
(e) loss of data;
(f) loss of goodwill or reputation;
(g) wasted management, office time or personnel time;
(h) work stoppage, computer failure or malfunction, or
(i) any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.3 THE APP PROMOTES PHYSICAL ACTIVITY. YOU SHOULD CONSIDER THE RISKS INVOLVED AND CONSULT WITH AN APPROPRIATE MEDICAL PROFESSIONAL BEFORE ENGAGING IN ANY PHYSICAL ACTIVITY. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGE YOU MAY SUSTAIN AS A RESULT OF (i) YOUR USE OF, (ii) OR YOUR INABILITY TO USE OR (iii) FOLLOWING ANY INSTRUCTIONS WITHIN, THE APP. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMMES, PRODUCTS OR EVENTS THAT YOU LEARN ABOUT THROUGH THE APP. IF YOU ENGAGE IN ANY EXERCISE PROGRAMME LEARNED FROM OR PRESENTED IN THE APP, YOU AGREE THAT THIS IS DONE AT YOUR OWN RISK AND THAT YOU ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES. YOU SHOULD NOT RELY ON ANY INFORMATION AVAILABLE THROUGH THE APP AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE USE OF ANY INFORMATION PROVIDED THROUGH THE APP IS SOLELY AT YOUR OWN RISK.
6.4 While we endeavour to ensure that the App is normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of our Services or combination thereof, including any injury or damage to your or to any person's Device related to or resulting from participation in connection with the Services. Access to the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6.5 We will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, we do not guarantee that the Services or the App will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: email@example.com
6.6 We reserve the right at any time to modify or discontinue, temporarily or permanently, the App with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the Services.
6.7 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
6.8 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.9 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
6.10 We assume no responsibility for the content of websites linked on the App. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6.11 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise:
6.11.1 shall in all circumstances be limited to €10 in relation to the Freemium version of the App; and
6.11.2 shall not in any circumstances cumulatively exceed the amount of any charges actually paid by you to us in connection with the Premium version of the App or €10, whichever is the higher.
6.12 Nothing in this EULA shall limit or exclude our liability for:
6.12.1 death or personal injury resulting from our negligence;
6.12.2 fraud or fraudulent misrepresentation; and
6.12.3 any other liability that cannot be excluded or limited by applicable law.
7.1 We may terminate this EULA immediately by written notice to you:
7.1.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
7.1.2 if you breach any of the Licence Restrictions.
7.2 On termination for any reason:
7.2.1 all rights granted to you under this EULA shall cease;
7.2.2 you must immediately cease all activities authorised by this EULA, including your use of any Services; and
7.2.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control.
8. Communication Between Us
8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by posting it to the App, by e-mail or by registered post to Ransoft Limited at 7A Sir Luigi Camilleri Street, Sliema, SLM 1843, Malta and firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by registered post to the address you provide to us in your request for the App.
9. Events Outside Our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
9.2.1 our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
9.2.2 we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
10. Other Important Terms
10.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
10.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
10.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.5 Please note that this EULA, its subject matter and its formation, are governed by Irish law. You and we both agree that the courts of Ireland will have non-exclusive jurisdiction. This does not affect your statutory rights, in particular the mandatory consumer protections in your country of residence.
This agreement has been entered into on the Agreement Date.