END USER LICENSE AGREEMENT
Entrena.App is licensed to you (End User) by Javier Hernández Torres (onwards: JHT), located at C / Jubilados 30, 8, Massamagrell, Valencia 46130, Spain (onwards: Licensor), for use only under the terms of this license agreement.
By downloading the App from the Apple AppStore / Google Play Store, and any updates to it (as permitted by this License Agreement), you indicate that you agree to be bound by all the terms and conditions of this License Agreement, and that you accept this license agreement.
The parties to this License Agreement acknowledge that Apple / Google is not a Party to this License Agreement and are not bound by any provision or obligation with respect to the Application, such as warranty, liability, maintenance and support thereof. JHT, not Apple / Google, is solely responsible for the Licensed Application and its content.
This License Agreement may not establish rules of use for the Application that conflict with the latest Terms of Service of the app store [https://www.apple.com/legal/internet-services/itunes/us /terms.html] / Google Play Terms of Service [https://play.google.com/intl/en-us_us/about/play-terms/index.html]. JHT acknowledges that you had the opportunity to review such terms and this License Agreement does not conflict with them.
All rights not expressly granted to you are reserved.
1. THE APPLICATION
Entrena.App (onwards: Application) is a software created to offer training and home routines, and customized for Apple / Google mobile devices. It is used to do exercises at home.
The Application is not designed to comply with specific industry regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Administration Act (FISMA), etc.), so if your Interactions would be subject to such laws, you will not be able to use this application. You may not use the Application in a way that violates the Gramm-Leach-Bliley Act (GLBA).
1.1 The Application may include In-App Purchases or Subscriptions that allow you to buy things such as virtual items, access to premium items, etc. You acknowledge and agree that you are fully responsible for managing your In-App Purchases or Subscriptions and the amount you spend on In-App Purchases or Subscriptions within the Application.
1.2 You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the Game and are governed by the App Store Provider's terms and conditions/EULA. If you have any payment related issues with In-App Purchases or Subscriptions, then you need to contact the App Store Provider directly.
2. SCOPE OF LICENSE
2.1 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, delete, modify, combine, create derivative works or updates from, adapt or attempt to derive the source code of the Application, or any part of it (except with JHT's prior written consent).
2.2 You may not copy (except when expressly authorized by this license and the Rules of use) or alter the Application or parts of it. You may create and store copies only on the devices you own or control for backup 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 cannot delete any intellectual property notices. You acknowledge that no unauthorized third party can access these copies at any time.
2.3 The licensor reserves the right to change the terms and conditions of the license.
2.4 Nothing in this license should be construed to restrict the terms of third parties. When using the Application, you must ensure that you comply with the applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Application up-to-date to comply with modified / new versions of firmware and new hardware. You are not granted rights to claim such update.
3.2 You acknowledge that it is your responsibility to confirm and determine that the end-user device of the application on which you intend to use the application complies with the technical specifications mentioned above.
3.3 The Licensor reserves the right to modify the technical specifications as it deems appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 JHT is not obligated, express or implied, to provide maintenance, technical assistance or other support for the Application.
4.2 JHT and the End User acknowledge that Apple / Google has no obligation to provide maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
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 : //entrena.app / privacy / [https://entrena.app/privacy/].
6. RESPONSIBILITY
6.1 The Licensor is not responsible for damages caused due to breach of duties in accordance with Section 2 of this Agreement. To avoid data loss, you must use the backup functions of the Application to the extent permitted by the terms and conditions of use of third parties. You know that in case of alterations or manipulations of the Application, you will not have access to the licensed Application.
7. GUARANTEE
7.1 The Licensor guarantees that the Application is free of spyware, Trojans, viruses or any other malware at the time of download. The Licensor guarantees that the Application works as described in the user documentation.
7.2 No warranty is provided for the Application that is not executable on the device, that has been modified without authorization, handled inappropriately or at fault, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless of whether you or third parties or if there are other reasons outside of JHT's sphere of influence that affect the applicability of the Application.
7.3 You must inspect the Application immediately after installing it and notify JHT of any problems discovered promptly by email provided in the Product Claims. The defect report will be considered and will be further investigated if it was mailed within __________ days after discovery.
7.4 If we confirm that the Application is defective, JHT reserves the option of remedying the situation either by resolving the defect or by substitute delivery.
7.5 In the event that the Application does not comply with any applicable warranty, you may notify the Application Store Operator, and you will be reimbursed for the purchase price of the Application. To the maximum extent permitted by applicable law, the App Store Operator will have no other warranty obligations regarding the app, and any other loss, claim, damage, liability, expense and cost attributable to any negligence to comply with any guarantee.
7.6 If the user is an entrepreneur, any failure-based claim expires after a legal limitation period of twelve (12) months after the Application was made available to the user. The statutory limitation periods established by law apply to users who are consumers.
8. PRODUCT CLAIMS
JHT and the End User acknowledge that JHT, and not Apple / Google, is responsible for handling any claim by the End User or a third party related to the Licensed Application or the possession and / or use by the End User of that Licensed Application
9. LEGAL COMPLIANCE
You represent and warrant that you are not in a country that is subject to an embargo by the US government. USA Or that it has been designated by the US government. USA As a country of "terrorist support"; and that you are not on any list of the US government. USA of prohibited or restricted parts.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims related to the Licensed Application, please contact:
Entrena Team
C / Jubilados 30, 8
Massamagrell, Valencia 46130
Spain
[email protected]
11. TERMINATION
The license is valid until you or JHT terminate it. Your rights under this license will terminate automatically and without notice from JHT if you fail to comply with any of the terms of this license. Upon termination of the License, you must stop using the Application and destroy all copies, full or partial, of the Application.
12. TERMS OF AGREEMENTS AND BENEFICIARIES OF THIRD PARTIES
JHT declares and guarantees that JHT will comply with the applicable third party terms of agreement when using the Licensed Application.
Pursuant to Section 9 of the "Instructions for Minimum Terms of the Developer End User License Agreement", Apple / Google and Apple / Google subsidiaries will be third party beneficiaries of this End User License Agreement and, once that you accept the terms and conditions of this license agreement, Apple / Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against you as a third party beneficiary thereof.
13. INTELLECTUAL PROPERTY RIGHTS
JHT and the End User acknowledge that, should a third party claim that the Licensed Application or the possession and use of the End User of that Licensed Application infringes the intellectual property rights of the third party, JHT and not Apple / Google, it will be the only person responsible for the investigation, defense, resolution and liquidation or for any claim of infringement of intellectual property.
14. APPLICABLE LAW
This license agreement is governed by the laws of Spain, excluding its conflicts of laws.
15. MISCELLANEOUS
15.1 If any of the terms of this agreement are or cease to be valid, the validity of the remaining provisions will not be affected. Invalid terms will be replaced by valid terms formulated in a way that achieves the primary purpose.
15.2 Warranty agreements, changes and amendments are only valid if established in writing. The previous clause can only be waived in writing.
15.3 All exercise illustrations and gifs are licensed as Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY- NC-ND 4.0) License .