TERMS OF SERVICE

Last updated: May 22, 2018


PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS GYMINUTES APPLICATION ("SOFTWARE").

BY USING THIS SOFTWARE OR BY CLICKING THE "I AGREE" BUTTON OR LOADING OR ATTEMPTING TO LOAD THE gyminutes APPLICATION, IN ANY WAY (WILL CONSTITUTE A SYMBOL OF YOUR SIGNATURE), YOU ACKNOWLEDGE AND ADMIT THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL THE TERMS AND CONDITIONS OF gyminutes. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, PLEASE REFRAIN FROM USING THE SOFTWARE.

Terms of Use is a legally enforceable contract between you as an individual (assuming you are above 18 years and/or eligible to enter into an agreement), or the company or any legal entity/organization that will be using the Software (hereinafter referred to as 'you' or 'your'), and gyminutes, California, USA (hereinafter referred as "gyminutes") and you shall have the right to use the Software subject to the terms and conditions mentioned in this agreement or as amended by gyminutes from time to time.

gyminutes grants you, a non-exclusive and non-transferable right to use the Software. gyminutes reserves all rights not expressly granted, and retains title and ownership of the Software, including all subsequent copies in any media. This Software and the accompanying written materials are the property of gyminutes and are copyrighted. Copying of the Software or the written material is expressly forbidden. gyminutes reserves the right at all times to discontinue or modify any of the terms and conditions contained in this Agreement or the Privacy Policy as may be deemed necessary or desirable without prior notification to you. You shall be responsible for regularly reviewing these terms and conditions. If gyminutes makes changes to the terms and conditions as set out in this Agreement or its Privacy Policy and you continue to use the Software, you are impliedly agreeing to the Agreement and Privacy Policy expressed herein. Any such deletions or modifications to the terms and conditions of the Agreement and/or Privacy Policy shall be effective immediately upon gyminutes's posting thereof on its website/license agreement. Any use of Software by you after such notice shall be deemed to constitute acceptance by you of such modifications and/or changes.

DESCRIPTION OF THE SOFTWARE:

gyminutes Application is a software that allows users to track body measurements, statistics, photos and lift measurements. User can track progress over time and visualize progress using graphs. gyminutes provides various tools to assist reach their goals. gyminutes saves user information on the cloud for easy retrieval of information.

SOFTWARE ACCESS/ACTIVATION:


Subject to your compliance with these Terms of Use, gyminutes hereby grants you permission to use the Software, provided that: (i) your use of the Software as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Software, or in any other manner inconsistent with these Terms of Use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Software in any medium without gyminutes's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Software; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use and Privacy Policy.
In order to access and use the features of the Software, you acknowledge and agree that you will have to provide gyminutes your email address to create a login profile. You expressly acknowledge and agree that in order to provide the service, gyminutes may regularly access your information. When providing your information, you must provide accurate and complete information. You hereby give your express consent to gyminutes to access your information in order to provide and use the service. You must notify gyminutes immediately of any breach of security or unauthorized use of your information. Although gyminutes will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of gyminutes or others due to such unauthorized use.

THIRD PARTY WEBSITE LINKS:

At some point the Software may include links to third party sites; you may link to such third party websites as the user of this Software. The third party sites are not under the control of gyminutes and gyminutes is not responsible for the contents of any third party website, any links contained in the third party websites. gyminutes is not responsible for any form of transmission, whatsoever, received by you from any linked site. gyminutes is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by gyminutes or any association with its operators or owners including the legal heirs or assigns thereof. gyminutes is not responsible for any errors, omissions or representations on any linked site. You are requested to verify the accuracy of all information on your own before undertaking any reliance on such information.

SUPPORT:

gyminutes offers support features during usage of this Software. The availing of this support will be solely at your discretion and you are solely responsible to take the back-up of the existing data/software/programs on your electronic device before availing such a support and you are liable to bear all the direct, indirect and consequential cost associated to it. gyminutes will not be held responsible for any loss of data, any kind of direct/ indirect/ consequential loss or damage to data/ property arising during this entire process. If at any point of time the technical support team is of the opinion that it is beyond their scope, it will be the sole discretion of gyminutes to suspend, cease, terminate or refuse such support as gyminutes does not claim any warranty and/or guarantee of any kind in providing the support feature.

PROHIBITION AGAINST UNLAWFUL USE

As a condition of the use of the Software, you warrant that you will not use the Software for any purpose that is unlawful or illegal under any law for the time being in force within or outside USA or prohibited by this Agreement including both specific and implied. In addition, the Software shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Software. You shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Software. In order to ensure the safety of other users and other users’ information, you shall not:Post unauthorised information or communication;Post or send through our website any material or communication that are defamatory, obscene, profane, indecent, pornographic, harassing, threatening, abusive or otherwise objectionable in gyminutes’s sole discretion; Upload any viruses or other spyware which is considered unlawful; Harass or intimidate or trouble any of the other users of the Software; Post any content which is pornographic, contains nudity and against the applicable laws;Sublicense, rent or lease any portion of the Software; Debug, decompile, disassemble, modify, translate, and reverse engineer the Software; Try making an attempt to reveal/discover the source code of the Software; Use for unlicensed and illegal purpose.

PRIVACY

The gyminutes Application may contain services such as email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). User acknowledges that the content of such Communication Services are public and not private communications, and that, therefore, others may read User's communications without User's knowledge. gyminutes does not control or endorse the content, messages or information found in any Communication Services, and, therefore, gyminutes specifically disclaims any liability concerning the Communication Services and any actions resulting from Users participation in any Communication Services, including any objectionable content. Generally, any communication which User posts to gyminutes (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. By posting comments, messages or other information on the Website, User grants gyminutes the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.The User hereby consents, expresses and agrees that he has read and fully understood the Privacy Policy of gyminutes in respect of the Software/Website. The User further consents that the terms and contents of such Privacy Policy are acceptable to him. For more information see gyminutes's Privacy Policy http://gyminutesapp.com/privacy.html

INDEMNIFICATION:

You agree to defend, indemnify and hold harmless gyminutes, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: Arising due to your usage of Software; Your negligence or inability of using the Software or support; your violation of any term of these Terms of Use; Any dispute between you and third party with respect to availing the Software; Your violation of any rights of any other individual and/or entity, including without limitation any copyright, property, or privacy right; Your breach of the Agreement/Privacy Policy; Your violation of any provisions under any applicable laws; The failure of gyminutes to provide support service or any other service/information.

LIMITATION OF LIABILITY

In no event shall gyminutes and/or any of its directors, employees, agents, partners, distributors be liable from any and against all claims, expenses, suits, costs, demands, judgments whatsoever made by you and/ or any third party for any direct, indirect, incidental, special, punitive, consequential and/or exemplary damages including, but not limited to damages for loss of business/profits, damages for loss of confidential/other information, failure to meet any statutory duty/duty of reasonable care/duty in good faith, economic/notional loss, loss for business interruption, goodwill, damage and loss of data or programs, or other intangible losses (even if gyminutes has been advised of the possibility of such damages), or resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Software, (iii) any unauthorized access to or use of our secure servers and/or any and all personally identifiable information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
This limitation will apply to all causes of action whether arise in equity or tort, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentations and hereby release gyminutes and/or its directors, employees, agents, distributors from any and all obligations, liabilities in excess of the limitation stated herein. In the event, gyminutes and/or its directors, agents, employees, distributors are found liable, You understand and accept that the liability of gyminutes and/or its directors, agents, employees, distributors shall be limited only up to and not exceed in any case the fees incurred by You in acquiring the Software from gyminutes Website or its distributors/agents. This Clause shall survive the termination of this Agreement.

LIMITED WARRANTY AND DISCLAIMERS:

The Software provided by gyminutes is "AS IS" and "AS AVAILABLE" gyminutes does not warrant, make any representations that the Software will work uninterrupted, timely, secure or error-free or shall meet any or all your requirements whether disclosed to gyminutes or any of its directors, agents, distributors and employees. The entire risks, faults as to performance of the Software, the responsibility for selecting the Software to achieve your intended results, the results obtained from the Software shall be assumed by You.
The disclaimers and limitations set forth herein will apply regardless of whether you accept the Software. You understand and accept that the Software will substantially perform according to the specifications, descriptions stated in the User Manual, (as updated from time to time), subject to the following and gyminutes expressly disclaims any and all liabilities arising from the following circumstances: Any actions initiated by You or by third parties which were beyond the reasonable control of gyminutes; Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, natural calamity, alteration, power failures, casualty, repairs made by any other party than gyminutes, alterations, neglect, non-permitted modifications, acts of terrorism, vandalism; The deficiencies, defects in Your electronic device and related infringements; Your violations of the terms and conditions described in the User manual or in this Agreement.

INTELLECTUAL PROPERTY:

The Software, source code, activation code, license keys, documentation, systems, ideas, information, content, design and other matters related to the Software, trademarks are the sole proprietary and Intellectual Property rights of gyminutes protected under the Intellectual property Laws and belongs to gyminutes. Nothing contained in this Agreement grant to You any rights, title, interest to intellectual property, including without limitation any error corrections, enhancements, updates or modifications to the Software whether made by gyminutes or any third party. You understand and acknowledge that you are provided with a limited license to use the Software subject to the terms and conditions of this Agreement.

GENERAL:

Force Majeure: gyminutes will not be liable for any delay or failure to fulfill its obligations hereunder that results from any natural calamity (such as earthquake, flood etc.), war, civil disturbance, government policies, or other cause/s beyond its control. Provided that gyminutes shall endeavour to complete the task within a reasonable period after happening of any event as covered under such force majeure.

Legal Jurisdiction: This Agreement and any matter relating thereto shall be subject only to jurisdiction of Courts at California, USA and shall be interpreted as per the terms of the law/s for the time being in force there. Parties may pursue any remedy available to them at law or equity.

Complete Agreement: This Agreement comprises the entire agreement between the parties regarding the subject matter, and supersedes any proposals, communications or advertising, oral or written, with respect to the Software or subject matter of this Agreement. You shall be bound by any and all clauses of the Agreement updated and displayed by gyminutes on its website from time to time and the Agreement displayed on the website (from time to time) will be the finally concluded and binding Agreement between You and gyminutes for all legal purposes.

Waiver: Any waiver by either party of any violation of any provision of this Agreement by the other party will not be deemed to waive any other violation of the same or any other provision. The failure to exercise or delay in exercising a right or remedy by gyminutes under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any prior, concurrent or subsequent right or remedy.

Severability: If any of the provisions contained in this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained herein shall not be in any way affected or impaired thereby and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent.

Survival: The Clauses in this Agreement including but not limited to rights to License fees receivable, "Indemnification", "Limitation of Liability", "Limited Warranties & Disclaimers" and "Intellectual Property" shall survive expiration or termination of this Agreement. You cannot assign your rights or delegate duties or obligations under this Agreement.

The Section numbers and headings are included merely for the convenience of the parties and are not to be construed in interpreting this Agreement. gyminutes reserves the right to co-operate with any legal process and may provide documents, information related to your usage of the Software and your general usage of the electronic devices.