End User License Agreement
Valid from: October 2020
Before using the Mobile App, please read this End User License Agreement ("MOBILE APP License Agreement"). By downloading the Mobile App, you agree to this MOBILE APP License Agreement.
Pump It Club, its subsidiaries and affiliates ("our", "we", "us", "Provider") grant you a license to the Mobile App pursuant to this MOBILE APP License Agreement.
If you do not agree to the terms set forth in the MOBILE APP License Agreement, you may not download or use the Mobile App. Pump It Club reserves all rights not expressly granted to you.
Contents
- Scope of the licence
- Changes to the MOBILE APP Licence Agreement
- Consent to the use of data
- Term / Termination
- Services
- Third-party materials
- Location information
- Copyrighted content
- Language and local regulations
- Modification, suspension and discontinuation
- Network operator
- Data security
- Limited warranty and disclaimer of warranty
- Liability
- Indemnification
- Lawful use
- Governing law and place of jurisdiction
- Beneficiary third parties
- Severability clause / completeness
- Notice
1) Scope of the Licence
(1) Subject to the terms of this MOBILE APP License Agreement, M&H Production hereby grants you a limited, non-transferable licence to use the Mobile App on the Mobile Device; the Software is not sold or transferred to you.
You are prohibited from: using the Mobile App on a mobile device you do not own or control; distributing the Mobile App over a network; renting, leasing, selling, or sublicensing the Mobile App; or copying, decompiling, disassembling, or creating derivative works of the Mobile App.
(2) Unless otherwise agreed, you do not have to pay fees for using the Mobile App. For individual services, separate user fees may be charged by M&H Production.
(3) Violations of these licence terms may result in criminal prosecution or claims for damages.
(4) Where use of the Mobile App requires a fee, this may be in the form of a one-time payment or subscription.
2) Changes to the MOBILE APP Licence Agreement
(1) M&H Production reserves the right to change this MOBILE APP Licence Agreement for important reasons, in particular to clarify provisions, implement legislative changes, or introduce new systems.
(2) If changes are made, you will be notified at least 30 days in advance. Continued use of the Mobile App constitutes your ongoing agreement to the updated terms.
3) Consent to the Use of Data
You agree that technical data and related information may be collected and used to enable M&H Production to provide software updates, product support, and other services. This information will not be used in a form that can be used to draw personal conclusions about you.
4) Term / Termination
(1) This MOBILE APP Licence Agreement is concluded for an indefinite period.
(2) It may be terminated by you or M&H Production at any time without notice.
(3) If you delete the Mobile App, this agreement is automatically terminated.
(5) This agreement terminates automatically if you violate any of its provisions.
(6) Upon termination, you must cease using the Mobile App and destroy all copies.
5) Services
The Mobile App provides sporadic access to websites, services and information from M&H Production and third parties. Use of the Services may require internet access and your agreement to additional terms of service.
6) Third-Party Materials
Certain Services may display or make available third-party content. M&H Production is not responsible for reviewing or evaluating such content and assumes no liability or responsibility for third-party services, materials, or products.
7) Location Information
Location-based data provided as part of Services is for basic navigation purposes only. M&H Production and its content providers do not warrant the availability, accuracy, or reliability of location-based data.
8) Copyrighted Content
The Services may contain copyrighted content. You agree not to use, modify, rent, sell, distribute, or create derivative works of any copyrighted content without authorisation.
9) Language and Local Regulations
The Mobile App, Services and Third-Party Materials are intended for worldwide use. To the extent you access third-party services, you do so on your own initiative and are responsible for compliance with applicable law.
10) Modification, Suspension and Discontinuance
M&H Production and its licensors reserve the right to modify, suspend, remove, block or permanently discontinue access to the Mobile App and Services at any time without notice. In no event will M&H Production be liable for removing or disabling the Mobile App.
11) Network Operator
Access to and use of the Mobile App and Services takes place via mobile network operators. M&H Production does not operate these networks and has no liability for disruptions caused by circumstances outside its control.
12) Data Security
Use of the Services may lead to the electronic transmission of personal information. Since we do not operate or control the networks, we cannot guarantee the security of data sent over them. M&H Production treats your data in accordance with its Privacy Policy.
13) Limited Warranty and Disclaimer of Warranty
The Mobile App and all Services are provided "as is" with all faults present. Despite greatest care, programme errors cannot be excluded with 100% certainty. M&H Production does not guarantee that the Mobile App meets your requirements or operates without interruption.
14) Liability
Unless otherwise provided in this agreement, M&H Production's liability is excluded, except for damages resulting from injury to life, body and health, intent or gross negligence, assumption of a quality guarantee, or breach of an essential contractual obligation. Where essential contractual obligations are breached, liability is limited to foreseeable damage.
15) Indemnification
You indemnify M&H Production from any third-party claims arising from your misuse of the Mobile App or violation of the terms of this agreement. You must use all reasonable efforts to cooperate with us in the defence of any such claim.
16) Lawful Use
You may only use or export the Mobile App in compliance with all applicable laws. The Mobile App may not be exported to any country under a US embargo or to persons on applicable restricted lists.
17) Governing Law and Place of Jurisdiction
This MOBILE APP Licence Agreement is governed by German law. Your use of the Mobile App may also be subject to other local, national or international laws.
18) Beneficiary Third Parties
You agree that mobile operating system providers and their affiliates are beneficiary third parties to this agreement and have the right to enforce applicable portions of it against you as the End User.
19) Severability Clause / Completeness
If one or more provisions of this MOBILE APP Licence Agreement are invalid, the validity of the remaining provisions shall be unaffected. This agreement contains the entire agreement between you and M&H Production.
20) Notice
Please read this agreement thoroughly. Contact us and do not use the Mobile App or Services if the agreement contains anything you do not agree to.
Status: October 2020