Futuristic Labs, Inc. (the "Company", "us", or "we"), provides health, diet, and fitness recommendations, as well as specific exercise demonstrations and instructions (the "Service") to the user ("You" or "Your") through a mobile software application (the "Application"), subject to Your compliance with the following Terms and Conditions of Use ("Terms"), as well as any other written agreement(s) between us and You.
We reserve the right to change these Terms from time to time with or without notice to You. You acknowledge and agree that it is Your responsibility to periodically review these Terms. Your continued use of the Application and Service after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our "Affiliates" include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Service and/or contents available through the Application.
You affirm that You are either more than 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 these Terms, and to abide by and comply with these Terms. In any case, You affirm that You are over the age of 17, as THE APPLICATION IS NOT INTENDED FOR USERS UNDER 17 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
BY USING THE APPLICATION AND THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE APPLICATION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS APPLICATION, PRODUCTS, OR SERVICE, OR THESE TERMS IS TO CEASE USING THE APPLICATION AND/OR THOSE PARTICULAR PRODUCTS, OR SERVICE. THESE TERMS ARE EFFECTIVE ONCE YOU TAP THE 'I ACCEPT' BUTTON ON THE TERMS OF SERVICE SCREEN.
Limited License. Subject to these Terms, the Company hereby grants to You a personal, nontransferable, and nonexclusive license to install and use the Application on Your smart phone or mobile device for the purposes of Your own health and fitness needs.
No Guarantee. Although Company works hard to provide quality Service, You understand and acknowledge that we cannot promise or guarantee specific results from using the Application or Service available on the Application.
Temporary Interruptions. You understand and agree that temporary interruptions of the Service may occur as normal events that are either required for Application maintenance, or that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide You with the Service. You agree that the Service available on this Application is provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. We reserve the right to interrupt Your access to the Application at any time and for any reason without prior notice.
User Equipment. You are solely responsible for providing, at Your own expense, all equipment necessary to use the services, including a smart phone or other mobile device, and Your own Internet access (including payment of service fees associated with such access).
International Use. Although this Application may be accessible worldwide, we make no representation that materials on this Application are appropriate or available for use in locations outside the United States. Those who choose to access this Application from other locations do so on their own initiative and at their own risk. If You choose to access this Application from outside the United States, You are responsible for compliance with local laws in Your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Application is void where prohibited.
No Third Party Users. You understand and agree that the information and dietary and exercise recommendations You receive through this Application are intended only for You based on the information that You provide through the Application. You understand that a third party using the information or recommendations may result in great harm to You or other persons. You agree not to encourage or solicit any other person to use the information or recommendations You receive through the Application and You agree to defend, indemnify, and hold harmless the Company and its Affiliates from any injury sustained by Your or a third party due to Your intentional or negligent breach of this provision.
Third-Party Sites and Information. This Application may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, association with the Application, or any warranty of any kind, either express or implied.
Promotions. From time to time, this Application may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on our Application. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between You and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Content. For purposes of these Terms, "Content" is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Application and is owned by Company or its Affiliates.
Ownership of Content. By accepting these Terms, You agree that all Content presented to You on this Application is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company or its Affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants You any right to use any trademark, service mark, logo, and/or the name of Company or its Affiliates.
User Feedback. The Application allows You to submit feedback related to the performance of the Application. Any feedback, suggestions, comments, ideas, or other information (collectively "User Feedback") provided by You through the Application is owned by us. You expressly relinquish any claim You have upon any User Feedback provided by You to us and give us Your express and unreserved permission to implement, publish, or otherwise use the User Feedback. You hereby transfer all rights You have to any User Feedback You submit through the Application to us.
Limitations on Use of Content. Except for a single copy made for personal use, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content from this Application in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Application Content violates our intellectual property interests and could result in criminal or civil penalties. You will not use any information or ideas contained in this Application to start a business that competes with the Company, nor will you transmit or convey any just information or ideas to any third party for any reason.
No Warranty for Third-Party Infringement. Neither we or our Affiliates warrant or represent that Your use of materials displayed on, or obtained through, this Application will not infringe the rights of third parties.
Login Required. In order to access the Service on this Application, You may be asked to set up an account and password or use Your existing Facebook username and password. Our account registration screen may request certain personal information from You ("Registration Information"). By registering, You agree that all information provided by You as Registration Information is true and accurate.
Passwords and Security. You agree that You are responsible for maintaining the security and confidentiality of Your password, and that You are fully responsible for all activities that are carried on under Your account. Therefore, You must take reasonable steps to ensure that others do not gain access to Your password and account. Our employees will never ask You for Your password.
Consent to Use of Data. You agree that we may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the App. We and our affiliates may use this information, as long as it is in a form that does not personally identify You, to improve our products or to provide services or technologies to You and other users. The Application also collects and uses location data to carry out its operations and provide services to You and other users. You consent to our collection and use of Your location data. Our right to use any and all data will survive termination of the Agreement by either party, subject to the restrictions in this section and the applicable usage rules of your device's manufacturer.
No Warranty. ALL CONTENT AND OFFERINGS ON THIS APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICE, OR APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR SERVICE OBTAINED BY YOU THROUGH THE APPLICATION FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THIS APPLICATION COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICE AT ANY TIME WITHOUT NOTICE.
Use of Application on Device. The use of the Service or the downloading or other acquisition of any products or Content through this Application is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your smart phone or mobile device, or loss of data that results from such activities.
Third Parties. Through Your use of the Application, You may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or offerings provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and You. We make no warranty regarding any transactions executed through a third party, or in connection with this Application, and You understand and agree that such transactions are conducted entirely at Your own risk. Any warranty that is provided in connection with any offerings or content available on or through the Application from a third party is provided solely by such third party, and not by us or any other of our affiliates.
Applicability. Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to You. Please consult the laws in Your jurisdiction.
Assumption of Risk. ANY EXERCISE, NUTRITIONAL, OR MEDICAL INFORMATION CONTAINED IN OR MADE AVAILABLE THROUGH OUR APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. YOU SHOULD CONSULT A PHYSICIAN IN ALL MATTERS RELATING TO YOUR HEALTH, INCLUDING PRIOR TO ENGAGING IN ANY EXERCISE PROGRAM OR ACTIVITY OR UNDERTAKING ANY FOOD OR DIET PROGRAM, WHETHER OR NOT SUCH PROGRAM IS RECOMMENDED BY US. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION CONTAINED IN OR MADE AVAILABLE THROUGH OUR APPLICATION REGARDING ANY EXERCISE PROGRAM OR ACTIVITY OR NUTRITIONAL ADVICE. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY DAMAGES ARISING THEREFROM. FURTHER, YOU ACKNOWLEDGE THAT YOUR DIET AND EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INVOLVE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DEATH OR BODILY INJURY THAT YOU SUFFER, OR THAT YOU CAUSE TO ANY THIRD PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICE.
No Damages. In no event shall we or our affiliates be liable to You or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profit loss, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Application or of any website referenced or linked to from the Application.
Third Party Representations. Further, we shall not be liable in any way for third party promises or representations regarding our Service or Content or for assistance in conducting commercial transactions with the third party through this Application, including without limitation the processing of orders.
Applicability. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to You. Please consult the laws in Your jurisdiction.
Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, LIABILITIES, JUDGMENTS, LOSSES, DAMAGES, EXPENSES AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ASSESSED OR INCURRED BY COMPANY, DIRECTLY OR INDIRECTLY, WITH RESPECT TO OR ARISING OUT OF: (I) YOUR FAILURE TO COMPLY WITH THESE TERMS; (II) YOUR BREACH OF YOUR OBLIGATIONS UNDER THESE TERMS; (III) YOUR USE OF THE RIGHTS GRANTED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY CLAIMS MADE BY ANY THIRD PARTIES; AND/OR (IV) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT.
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend Your access to all or part of the Service and Application with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring Your access to this Application, and reporting You to the proper authorities, if necessary.
No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, Your right to use the Service available on this Application will immediately cease. You must destroy all copies, full or partial, of the Application. We shall not be liable to You or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. All of the foregoing and following paragraphs shall survive any termination.
You expressly agree that any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in New York in accordance with the substantive laws of the State of New York and the Commercial Arbitration Rules of the American Arbitration Association. Further, You expressly agree that judgment upon any award rendered by a single arbitrator may be entered in any court of competent jurisdiction.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Application, or use of or access to the Service provided through this Application, beyond the limited rights granted to You under these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products or Service available through our Application arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Governing Law. This Application (excluding any Third Party websites) is controlled by us from our offices in New York, NY, and the statutes and laws of the State of New York shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the State and/or Federal courts of New York with respect to such matters controlled by that court.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms may NOT be altered, supplemented, or amended by the use of any other document(s), except as subsequent Terms and Conditions are published by us from time to time, and which You accept by Your continuing use of the Application. To the extent that anything in or associated with the Application is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Notwithstanding anything in the foregoing to the contrary:
Acknowledgement. You acknowledge that Your agreement with these Terms is an agreement between You and the Company, and does not form any agreement or contract between You and Apple, Inc. ("Apple"). Further, You acknowledge that the Company, and not Apple, is solely responsible for the Application and the content thereof.
Scope of License. The license granted to You under these Terms is limited to a nontransferable license to use the Application on an Apple-branded product that runs the iOS ("iOS Product") that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support. The Company is solely responsible for providing any maintenance and support services with respect to the Application, as specified herein, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Warranty. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.
Product Claims. The Company, and not Apple, is responsible for addressing any of Your claims or any third party relating to the Application or Your possession and/or use of such Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You acknowledge that, in the event of any third party claim that the Application or Your possession and use of the Application infringes that third party's intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You 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.
Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the Application and Service.
Third Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and that, upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against You as a third party beneficiary.
You may direct any questions, complaints, or claims with respect to the Application to:
Futuristic Labs, Inc.