HRM Heart Rate Monitor App Terms of Use
Every app needs terms and conditions to balance the risk for both parties – the user and the developer. Mine contain nothing special, yet you must be aware that these apply when using the HRM app.
Terms of Use
Please read these Terms of Use ("Terms", "Terms and Conditions") carefully before using HRM Heart Rate Monitor (the "App") operated by Dominik Maglia ("us", "we", or "our") as the mobile app developer.
Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the App.
By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the App.
Disclaimer of Liability
The App is provided on an "as is" and "as available" basis. Dominik Maglia makes no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, materials, or products included on the App. You expressly agree that your use of the App is at your sole risk.
To the fullest extent permissible by applicable law, Dominik Maglia disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Dominik Maglia does not warrant that the App will be uninterrupted or error-free, that defects will be corrected, or that the App or the servers that make the App available are free of viruses or other harmful components.
Limitation of Liability
In no event shall Dominik Maglia be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever 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 App, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the App, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the App by any third party, or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the App, whether based on warranty, contract, tort, or any other legal theory, and whether or not Dominik Maglia is advised of the possibility of such damages.
Subscriptions
Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal at the price listed within 24 hours prior to the end of the current period. Subscriptions made on iOS devices can be managed and auto-renewal turned off in Account Settings for your Apple ID after purchase. Once purchased, refunds will not be provided for any unused portion of the term.
Indemnification
You agree to defend, indemnify and hold harmless Dominik Maglia 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: (i) your use of and access to the App; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the App caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the App.
Changes to Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Zürich, Switzerland without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Switzerland. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Zürich, Switzerland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Acceptance of these Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the App you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
Contact
If you have any questions about these Terms, please contact me via email.
All of the content on here is original, and was researched and written by me, Dominik Maglia.
