APP EULA

This End User License Agreement (”Agreement”) is between you and Fisikal Limited (”Fisikal”) and governs your use of software provided by Fisikal and any and all related Content (as defined herein), updates, upgrades, add-ons, patches, and other materials which are not distributed with a separate license (collectively, the “Application”). The Application is licensed to you on the Terms, as defined herein, it is not sold.

Through your purchase or authorized use of the Application, Fisikal grants to you a personal limited, non-exclusive and non-transferable license to install and use the Application on any mobile phone or tablet that you own or control, for your personal, non-commercial use as set forth herein and as permitted by the Usage Rules set forth in Section 9.b of Apple, Inc’s App Store Terms of Service.

The license granted to you is subject to your compliance with all Terms of this Agreement. You may not make any commercial use of the Application or any part thereof, and are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application.

TERM & TERMINATION

This Agreement shall commence on the date you install or otherwise use the application and shall end on the earlier of: the date you uninstall the Application or the date on which this Agreement is terminated by Fisikal.

Your rights under this Agreement will terminate immediately and automatically without any notice from Fisikal if you fail to comply with any Terms of this Agreement. Termination will not limit any of Fisikal’s other rights or remedies at law or in equity.

Fisikal reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Application for any or no reason, without notice, and without liability to you or anyone else. You agree that a breach of this Agreement will cause irreparable injury to Fisikal for which monetary damages would not be an adequate remedy and Fisikal shall be entitled to seek equitable relief in additional to any remedies it may have hereunder or at law.

USE OF THE APPLICATION

The Application allows you to access and view a variety of content, included but not limited to educational videos and education documents (collectively, “Content”). You understand and agree that Fisikal retains all ownership rights in the Application including all Content.

You may not use, access or allow others to use or access the Content in any manner not permitted under the Terms. You may be held liable for any unauthorised copying or disclosure of any part of the Content, or any use of the application or Content beyond the Terms.

You may not post, share or otherwise make available the Application or any part thereof, or a copy of the Application or any part thereof, where on a network or otherwise, where it can be used or copied by multiple users; copy, translate, modify, adapt, reproduce, edit, alter or make derivative works of the Application, or any part of the Application; redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, transmit, or otherwise make the Application, or any part of the Application, available to third parties; reverse engineer, decompile or otherwise attempt to extract the source code of the Application, unless expressly permitted or required by applicable law; delete, remove, obscure, modify, or in any manner alter any warnings, notices (including any copyright or other proprietary right notice or any safety instructions), trademarks, logos, or link(s) that appear in the Application or any part of the Application; and/or publish, publicly perform, or publicly display the Application or any part of the Application.

The Application may contain links to websites operated by other companies. Fisikal does not endorse or monitor these linked websites, which have separate terms of use and privacy policies. Fisikal is not responsible for the content or policies of linked websites and you access such websites at your own risk.

This Application contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. If Fisikal charges for a mobile service, you will first be notified and asked to accept any charges. Not all mobile services will work with all carriers and devices. By using the Fisikal Application, you agree that Fisikal may communicate with you by electronic means to your mobile device and that certain information about your use of these service may be shared with us.

You may not use or otherwise export or re-export the Application except as authorised by English law and the laws of the jurisdiction in which the application is obtained. In particular but with limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purpose prohibited by United State law or English law, including, without limitation the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

CONSENT TO USE OF DATA

In addition to your agreement to the Terms, including to the provisions of the Fisikal Privacy Policy and Terms of Use, you expressly agree to the following:

To facilitate product support and other services to you and others, you agree that Fisikal may collect, use, store and transmit non-personally identifiable information that identifies your mobile device, operating system, application software, and peripheral hardware. In addition, Fisikal may collect and store non-personally identifiable usage information and statistics. Fisikal may use this information in the aggregate, in a form which does not personally identify you, to improve its products and services and otherwise, and may share anonymous aggregate data with its partners and customers.

Depending on the settings you choose, certain of your data and/or personal information may be shared with Fisikal. All data is collected, used, stored and transmitted in accordance with Fisikal’s Privacy Policy.

DISCLAIMER OF WARRANTIES

To the fullest extent permissible under application law, the application is provided “as is” with all faults, without warranty of any kind, and without performance assurances or guarantees of any kind. You use is at your sole risk.

Fisikal does not make, and herby disclaims, any and all express, implied or statutory warranties, including implied warranties or uninterrupted use, merchantability, satisfactory quality, fitness or particular purpose, non-infringement, and warranties (if any) arising from a course of dealing, usage, or trade practice.

Fisikal does not warrant against interference with your enjoyment of the application; that the application will meet your requirements; that use of the application will bring about your desired or any particular health and/or fitness and or educational results; that operation of the application will be uninterrupted or error-free; that the application will interoperate or be compatible with any other application; or that errors in the application will be corrected. No oral or written advice provided by Fisikal or any authorised representative shall create a warranty.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or consumer guarantees or the limitations on the applicable statutory rights of the consumer, so some or all of the above exclusions and limitations may not apply to you.

LIMITATION OF LIABILITY

To the fullest extent permissible by applicable law, in no event shall Fisikal be liable to you for any personal injury, property damage, lost profits, costs of substitute goods or services, loss of data, loss of goodwill, computer failure or malfunction or any other form of direct or indirect, special, incidental, consequential, or putative damages from any cause of action arising out of or related to this agreement or the application, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not Fisikal has been advised of the possibility of such damage.

Some jurisdictions do not allow a limited of liability for death, personal injury, fraudulent misrepresentations, certain intentional or negligent acts, violation of specific statutes, or the limitation of incidental or consequential damages, so some or all of the above limitations of liability may not apply to you.

In no event shall Fisikal’s total liability to you for all damages (expect as required by applicable law) exceed the amount actually paid by you for the Application.

INDEMINFICATION

You agree to defend, indemnify and hold harmless Fisikal and its affiliates, agents, employees, owners, contractors and attorneys from and against liabilities, losses, damage, judgments, fines, penalties, costs and expenses (including reasonable attorney’s fee and court costs), arising out of or resulting from any claim, demand, action or proceeding brought against Fisikal arising out of or based upon (a) any breach by you of your representations, warranties and/or obligations in this Agreement; or (b) any infringement, misappropriation or violation of a third party’s intellectual property rights resulting from your misuse of the Application.

SEVERABILITY/SURVIVAL

If any provision (or part thereof) of this Agreement is held invalid or found to be illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement shall continue in full force and effect.

Sections 3, 4, 6, 7, 8, 9, 10, 11 of this Agreement shall survive termination or expiration of this Agreement for any reason.

GOVERNING LAW/VENUE

This Agreement shall be governed and interpreted in accordance with English law (without regard to its provisions regarding conflicts of law). In the event of a dispute arising out of or in any way relating to this Agreement, jurisdiction and venue shall lie in the English courts and only in such courts. You hereby irrevocably waive any objections or defenses based on lack of jurisdiction (personal or subject matter), inconvenience of the forum and the like.

APPLE, INC’S LIMITED LIABILITY

The terms of this Agreement are between you and Fisikal, and not with Apple Inc. Apple, Inc, will NOT be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty disclaimed hereunder. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, Inc., and Apple, Inc, will refund the purchase price for the Application to you. Apple, Inc. will not be responsible for (a) any product warranties, whether express or implied by law (to the extent any exist and are not effectively disclaimed); (b) any claim of you and any third party relating to the application or your possession and/or use of the Application, including without limitation (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, and (c) any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, as well as the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. Other agreements or terms may govern your use of the iTunes Store or your acquisition or installation of mobile device applications. It is also understood and agreed that Apple, Inc. and Fisikal have no obligation whatever to furnish any maintenance or support services in relation to the Application. You agree that Apple, Inc. and its subsidiaries are third party beneficiaries hereunder, and that any of them shall have the right to enforce these Terms as a third party beneficiary. You represent and warrant that 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 that you are not listed on any U.S. government list of prohibited or restricted parties.

INTERNATIONAL USERS

This Application is operated in whole or in part, from the United Kingdom. By using this Application, regardless of where you live in the world, you consent to have your personal data transferred to and processed in the United Kingdom or Eurozone, and allow Fisikal to use and collect your personal information in accordance with the Fisikal Privacy Policy.

ENTIRE AGREEMENT/WAIVER

This Agreement constitutes the entire Agreement between you and Fisikal with respect to the Application and supersedes any prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this agreement will be binding unless made in writing and signed by Fisikal. No failure to exercise, and no delay in exercising, on the part of Fisikal, any right or any power hereunder will preclude further exercise of that or any other right hereunder. Except as otherwise explicitly set forth herein, in the event of a conflict between this Agreement and any applicable purchase or other terms, the Terms of this Agreement shall govern. Any waiver of any provision of this Agreement shall only be effective if made by Fisikal in writing. Any waiver of any provision herein shall not be deemed a waiver of any other provision.

If you have any questions about these Terms, please contact us at: support@fisikal.com.

Updated on 24/05/2024