TERMS OF SERVICE – GOALS FITNESS TRACKER
Last Updated: June 28, 2017
Premium Service
There is a premium upgrade available for more advanced functionalities. Types and Prices of Subscriptions. Goals offer different subscription periods so you can choose the one that best satisfies your needs. Following premium durations are available: 1 month for US$7.99 (6,99 €), 3 months for US$19.99 (17,99 €), 6 months and 1 year for US$38.99 (35,99 €). Prices can vary slightly depending on the region. The subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. If offered, this also applies to the free trial period, which becomes an automatically renewing monthly subscription, if it is not terminated until 24 hours before the expiration of the trial period. The payment will be charged to your iTunes account at confirmation of your purchase. You can manage your iTunes subscription in the App Store settings after purchase. More information can be found at Subscription Management. Apple does not currently allow cancellations of the current subscription period. All prices are subject to change at Goals’s discretion at any time.
Introduction
Thank you for using Goals Fitness Tracker („Goals“). Goals is operated by Apptuitive e.U., a company based in Austria. These Terms of Service („Terms“) and our Privacy Policy govern your use of all available Goals Services including the Goals App, so please read them carefully before using Goals. Our mission is to help you achieving your fitness goals and to make a positive contribution to your health. Your health is very important to us. You should always consult a doctor about your physical condition before you start to do more sports. By using Goals, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use Goals. We may revise the Terms from time to time. The most current version will always be posted on our Terms page without prior notice.
Goal Intellectual Property Rights
You acknowledge that Goals is protected by copyright, trademark, and other laws of Austria, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights.
DMCA/Copyright Policy
We respect copyright law and expect you to do the same. It’s our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Warranty Disclaimers
GOALS AND THE INTELLECTUAL PROPERTY ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT GOALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.
Indemnity
You will indemnify and hold harmless Goals from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of Goals or our intellectual property; (ii) your content; or (iii) your violation of these Terms.
Limitation of Liability
GOALS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE GOALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOALS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL GOALS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE GOALS OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO GOALS FOR USE OF GOALS, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GOALS, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOALS AND YOU.
GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of the Austria without regard to its conflict of laws provisions.
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