These terms and conditions apply to the HIIT Builder app and the HIIT Builder Lite app. HIIT Builder and/or HIIT Builder Lite is licensed to You (End-User) by Mom Pop Company and Luova Solutions, LLC, located in Utah, United States (Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any updates thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance, and support thereof. Licensor, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Licensor acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. The Application
1.1 HIIT Builder and/or HIIT Builder Lite (hereinafter Application) is a piece of software created to create and execute fitness workouts – and customized for Apple mobile devices. It is used to help users with fitness goals.
1.2 The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. Scope of License
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any Apple-branded Products as permitted by the Usage Rules and the App Store Terms of Service, except if the Application can be accessed by other accounts associated with the user via Family Sharing or volume purchasing.
2.2 This license will govern any updates of the Application by Licensor that replace, repair and/or supplement the first Application, unless a separate license is provided for such update.
2.3 You may not share or make the Application available to third parties (unless allowed by the Apple Terms and Conditions, and with the Company’s prior written consent), sell, rent, lend, lease or redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with the Licensor’s prior written consent).
2.5 You may not copy (unless allowed by this license and the Usage Rules) or alter the Application. You may create and store copies only on devices that they own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the Usage Rules, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms.
3. Technical Requirements
3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor will attempt to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not allowed to claim such an update.
3.3 You acknowledge that it is your responsibility to confirm that the device on which you intend to use the Application satisfies any technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. Maintenance and Support
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the Apple Store Overview for this licensed Application.
4.2 The Licensor and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this licensed Application.
5. User Generated Contributions
5.1 The Application does not offer You and any users to post content. All Application data is stored locally on your device or stored in your iCloud, if enabled.
5.2 The Application may prompt You to enter and send anonymous feedback. All feedback is given voluntarily and not required to unlock or use any features or hidden aspects of the Application. All user feedback sent via the Application cannot be traced back to You or any user. All feedback sent to Licensor is the sole property of the Licensor and may be used for product development, feature development, defect fixes, marketing material, or any other use as the Licensor deems fit to improve its business. You will receive no compensation for the content and feedback You send to the Licensor.
6. Contribution License
6.1 By submitting suggestions or other feedback regarding the Application, you agree that Licensor can use and share such feedback for any purpose without compensation to you.
6.2 Licensor does not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Licensor is not liable for any statements or representation in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate the Licensor from any and all responsibility and to refrain from any legal action against Licensor regarding your Contributions.
7. Liability
7.1 Licensor takes no accountability or responsibility for any damage caused by a breach of duties according to the Scope of License of this Agreement. To avoid data loss, you are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, you will not have access to the Application.
7.2 All information and the licensed Application provided by Licensor is of a general nature and is furnished for educational and entertainment purposes only and is offered as opinion only. Always consult your physician before trying any new diet or exercise program. No information is to be taken as medical or other health advice pertaining to any individual specific health or medical condition. You agree that use of this information is at your own risk and hold Licensor harmless from any and all losses, liabilities, injuries, or damages resulting from any and all claims.
8. Warranty
8.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
8.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Licensor’s sphere of influence that affect the executability of the Application.
8.3 You are required to inspect the Application immediately after installing it and notify Licensor about issues discovered without delay by email provided in Product Claims. The defect will be taken into consideration and further investigated if it has been mailed within a period of five (5) days after discovery.
8.4 If Licensor confirms that the Application is defective, Licensor reserves a choice to remedy either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Application to conform to any applicable warranty, Licensor will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9. Product Claims
9.1 Licensor and You acknowledge that Licensor, and not Apple, is responsible for addressing any claims provide by You or any third party relating to the licensed Application or your possession and/or use of the licensed Application including by limited to: (i) product liability claims; (ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licenced Application’s use of HealthKit and HomeKit, if applicable.
10. Legal Compliance
10.1 You represent and warrant that You are not located in a country that is subject to 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 prohibited or restricted parties.
11. Contact Information
11.1 For general inquiries, complaints, questions, or claims concerning the licensed Application, please contact info@hiitbuilderapp.com
12. Termination
12.1 The license is valid until terminated by Licensor or by You. Your rights under this license will terminate automatically and without notice from Licensor if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
13. Third-party Terms of Agreements and Beneficiary
13.1 Licensor represents and warrants that Licensor will comply with applicable third-party terms of agreement when using licensed Application.
13.2 In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of the End User Licence Agreement and upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
14. Intellectual Property Rights
14.1 Licensor and You acknowledge that, in the event of any third-party claim that the licensed Application or Your possession and use of that licensed Application infringes on the third party’s intellectual property rights, Licensor and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
15. Applicable Law
15.1 This license agreement is governed by the laws of the State of Utah, United States, excluding its conflicts of law rules.
16. Miscellaneous
16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose of this license agreement.
16.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.