PunchIt Workouts Terms of Use

Effective Date: 2021–03–27

“Prior to using any of our services, users are asked to read carefully the following terms of use. By accessing, browsing and/or using the services, you acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in the terms of use and the applicable guidelines on the websites for any mobile apps you download. If the user does not agree to the terms of use and the applicable guidelines written, then they are asked to halt the use of the services immediately.”

PunchIt Workouts website (the “Website”), and all other products and services, including the PunchIt Workouts mobile app (the “Application”), and all other content offered, referred to as the “Services” are offered to you by KadrmasConcepts LLC (“Licensor” or “Company”) for use only under the terms of this License Agreement.

Subscribers, customers users, and others who download, access, use purchase and/or subscribe to the Services (“you”) agree to these terms and conditions (the “Terms of Use”). These Terms of Use guides your use of the Services and are a condition to your use of the Services.

By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

All rights not expressly granted to You are reserved.

By using the services, you agree that you are above 18 years of age, or using the services under the supervision of a parent or legal guardian. If you are under the age of 18, you must review the terms of use with your parent or legal guardian and ensure that you both understand and agree with the terms of use. If you are a parent or guardian reading, understanding and agreeing to the terms of use you agree to have a responsibility for that person’s use of the services, as well as any financial expenses, payments, and legal liability that my be incurred for our Services.

Be acknowledged that we have the right to change, add or remove any of these terms of service at any time, without notifying you.

Terms of Use include:

• Your agreement that you are healthy enough to perform the workouts that are created or suggested by PunchIt Workouts and that you have consulted and have the permission of a physician before using the Services.
• Your agreement that the Services are provided “as is” and without warranty.
• Your agreement that the Company has no liability regarding the Services.
• Your consent that you and the Company have the right to compel arbitration.

1. SCOPE OF LICENSE

1.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

1.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

1.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with KadrmasConcepts LLC’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

1.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with KadrmasConcepts LLC’s prior written consent).

1.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

1.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

1.7 Licensor reserves the right to modify the terms and conditions of licensing.

1.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

2. TECHNICAL REQUIREMENTS

2.1 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

2.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

3. Subscription

You will be able to purchase a PunchIt Workout Subscription to access all the features included in the application. Subscriptions will automatically renew monthly unless canceled within 24-hours before the end of the current period. You can cancel your subscription at any time through your iTunes account settings.

If the subscription includes a free trial in it, you experience that trial period with no charge. If you signed up for a free or discounted trial subscription and you don’t want to renew it, you must cancel it at least 24 hours before the trial ends or you will be billed for the full monthly subscription price.

4. Privacy

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://punchitworkouts.medium.com/privacy-policy-ec904a9b2d99.

5. Contribution License

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

6. Liability

Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 1 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

7. Health

Use PunchIt Workouts at your own risk. Licensor takes no accountability and responsibility in case of health: Your agreement that you are healthy enough to perform the workouts that are created or suggested by PunchIt workouts and that you have consulted and have the permission of a physician before using the Services. The content available via the services is provided solely as a general educational aid. It is not a medical or healthcare advice, and is not intended for the use of medical diagnosis or treatment, for any problem an individual might have.

Health data such as heart rate and calories burned may be accessed by PunchIt workouts from a paired apple watch. This health information is only available within the companion iOS application and is not transmitted from the device.

8. Modifications

PunchIt Workouts may revise these terms of use for its website and app at any time without notice. By using this website and the PunchIt Workouts app you are agreeing to be bound by the latest version of the terms of service.

9. Third party sites / links / ads

You agree that the Company will have no liability, obligation or responsibility with any loss or damage incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services. In case of a dispute between you and any such third party, you understand and agree that the Company has no obligation and responsibility to become involved.

10. Disclaimer

10.1 You acknowledge and agree that the use of the services are at your own risk and are provided on as-is basis.

10.2 The company makes no warranties, including without limitation, fitness for a specific purpose, and non-infringement. The company does not make any warranty that the service will meet your requirements or will be available and free of defects. If defects are found there is no warranty that they will be corrected.

10.3 The company disclaims any warranties for third party or any other services or goods received through or advertised on the services, or accessed through any links on the services.

11. Limitations

Under no circumstances or in any cases should the company or its affiliates be liable for any damages resulting from your direct or indirect use of the content, website or services. It is your responsibility to understand and accept all risks associated with the services and its usage.