Terms of Use and End User License Agreement
Shandy Applications Limited
I. INTRODUCTION
These Terms and Conditions (“Terms”, “Terms and Conditions”, “Terms of Use”, “Agreement” ) govern your relationship with all of the Shandy Applications Limited (Pulse app, Plant Identification, FoodSnap, etc.) mobile applications (the “Service”, “App” or “Apps” ) operated by Shandy Applications Limited (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using our Shandy Applications Limited mobile applications (the “Service”).
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
HEALTH DISCLAIMER
You are solely responsible for your own health. The health, fitness or dietary content of Apps is offered for educational and entertainment purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition or to be a substitute for professional medical care. The Shandy Applications Apps are not a clinical pulse oximeter.
We strongly recommend that you consult with your physician or dietician before beginning any exercise program. It is your responsibility to evaluate your own medical and physical condition to determine whether to participate in an exercise program. Always check your surroundings before exercising. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. You represent and warrant that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the Services.
Figures provided in the app are only for informational purposes and is not medical advice. We strongly encourage you to confirm the figures provided in the app with other sources such as your doctors’.
NOTHING WITHIN THE SERVICES PROVIDED BY THE APP IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS.
If knowing your pulse rate (heart rate) is critical to your health, you need to have your pulse taken by a medical professional.
PLANT IDENTIFICATION
You understand and expressly agree that there are risks inherent in physical activity and your use of the Services may involve potentially dangerous physical activities that may lead to minor injuries or major injuries, up to and including death. In consideration for your use of the Services, you understand and voluntarily accept full responsibility for the risk of injury or loss arising out of or related to your use of the Services. You further agree that Our Service , and its respective affiliated companies, parents, subsidiaries, and franchisees, together with officers, directors, shareholders, employees, agents, and independent contractors of all such entities (collectively, the “Shandy Applications”) will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to you, your spouse or domestic partner, unborn child, heirs, or relatives resulting from the negligent conduct or omission of any member of the Shandy Applications Limited or anyone acting on their behalf, whether related to exercise or not.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE SERVICE
In order to download, install, access or use the Service, you must (a) be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use, download, install, access the Service, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the Service; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise any use of the Service by minors.
Any person under the age of thirteen (13) years is not permitted to download, install, access or use the Service.
You affirm that you are either more than eighteen 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IV. GENERAL TERMS
Content is what shows up in-app or on the website when you use our Services. User-Generated Content is any Content that is created by you or other users, and Our Content is all other Content.
For purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, geo-data, workouts and workout data, biometric data and data elements derived therefrom, meal, or fitness training plans, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “Our Content” means all Content that is not User-Generated Content.
The Services are intended only for your personal non-commercial use. You shall use the service only for the purposes, mentioned above.
V. PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the Service and use of the Services are subject to the Privacy Policy. By accessing the Service and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully [CLICK HERE – link to privacy policy].
VI. END USER LICENSE AGREEMENT
By using the Service, you undertake to respect our intellectual rights (intellectual rights related to the Apps’ source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.
As long as you keep using the Service, we grant you a limited, non-exclusive, non-transferable non-sublicensable, non-assignable and revocable right to access and use the Service pursuant to this Agreement (the “License”).
The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the Apps are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
All rights, title and interest in and to the Apps and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of Live Wallpapers and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license here within.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
VII. PROHIBITED BEHAVIOUR
You agree not to use the App in any way that:
You shall not make the Apps available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.
You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.
Misuse of any trademarks or any other content displayed on the App is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.
Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.
Also we are not responsible for the way you use the App.
It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
All disputes arising from the usage of the App, shall be governed by and construed in accordance with the laws of the English and Wales, and shall be submitted to the sole jurisdiction of the competent courts of London, the United Kingdom.
VIII. AVAILABILITY OF THE APP, SECURITY AND ACCURACY
In order to use the App, you are required to have a compatible mobile phone or tablet, and internet access.
The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 10.0 or later.
We do not warrant that the App will be compatible with all hardware and software which you may use.
We make no warranty that your access to the App will be uninterrupted, timely or error-free.
You acknowledge the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
The version of the App may be upgraded from time to time to add support for new functions and services.
We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.
You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times.
You can discontinue using our Services at any time by choosing the relevant option in your iTunes Account Settings. If you decide not to use the App for any reason you should uninstall the App.
IX. CHARGES
The App is provided on free basis. Once you download the App, you’ll have access to its basic features.
Access to some services and/or additional features within the App requires paid subscriptions. The full list of Premium options and pricing is provided on the App’s page. You will have an opportunity to try Premium options during the free/paid trial period as provided on the signup screen. After the free/paid trial period expires an auto-renewing subscription period will start on a regular basis.
X. THIRD PARTY WEBSITES AND RESOURCES
The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATOR YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We do not give you any guarantee for the proper functionality of the App, however, if you believe that our App has not met your expectations, you may notify Apple, and Apple may refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.
Apple is not responsible for addressing your claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
XIII. LEGAL COMPLIANCE
You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
XIV. THIRD PARTY BENEFICIARY
You acknowledge and agree that Apple, and Apple’s subsidiaries are the third party beneficiaries of the present end-user license agreement, and that upon your acceptance of the terms and conditions of the present Terms of Use and EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use and EULA as a third party beneficiary thereof.
XV. GOVERNING LAW AND CLAIMS
This Agreement shall be governed by and construed in accordance with the laws of the England and Wales.
We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you choose to access or use the App from or in locations outside of the United Kingdom, you are responsible for:
Any claims shall be exclusively decided by English courts of competent jurisdiction in London, the United Kingdom and the laws of England and Wales shall govern, without regard to choice of law principles.
If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
XVI. TERMINATION
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.
XVII. SEVERABILITY
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become illegal, invalid or unenforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
XVIII. CONTACT INFORMATION
We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us via email to info@shandyapplications.com.