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Terms of Service

These Terms of Service were last updated on April 11, 2020

These The Gunnar Peterson Training App Terms of Service (the “Agreement“) are an agreement between the person visiting, browsing, accessing, downloading, installing or otherwise using (the terms “use” and “using” will refer to any of the foregoing) the Gunnar Peterson Training App Services (such person, the “Customer“) and Outside Shots LLC. (“Gunnar Peterson / The Gunnar Peterson Training App”, Gunnar Peterson / The Gunnar Peterson Training App and Customer, the “Parties” and each, a “Party“), and is entered into the earlier of: (a) the date Customer first uses any part of the Gunnar Peterson / The Gunnar Peterson Training App Services; and (b) the date Customer agrees to be bound by this Agreement (the “Effective Date“).

The Gunnar Peterson Training App offers a software-as-a-service product and a mobile device software application (the “Application“) that provides access to work-out plans used by top athletes and other related fitness services, as may be changed from time to time by Service Provider and as more fully described on the Website (collectively, the “The Gunnar Peterson Training App”).

BY USING The Gunnar Peterson Training App (INCLUDING THE WEBSITE), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 12(k). IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE GUNNAR PETERSON / THE GUNNAR PETERSON TRAINING APP SERVICES. CUSTOMER REPRESENTS AND WARRANTS TO The Gunnar Peterson Training App THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT.

Definitions

“The Gunnar Peterson Training App” has the meaning set out in the introductory paragraphs to this Agreement.

“The Gunnar Peterson Training App” means The Gunnar Peterson Training App’s software product made available under the name “The Gunnar Peterson Training App”, and any updates provided as part of the Gunnar Peterson Training App.

“Customer Data” means any data, information, content, records, and files that Customer loads, receives through, transmits to or enters into The Gunnar Peterson Training App.

“Fees” has the meaning set out in Section 7.

“Modifications” means modifications, improvements, customizations, updates, enhancements, aggregations, compilations, derivative works, translations and adaptations, and “Modify” has a corresponding meaning.

“Personal Information” means information about an identifiable individual.

“Post-Term Period” has the meaning ascribed to it in Section 12(d).

“Technical Support Services” means the support services described in Section 7.

“Term” has the meaning set out in Section 11(a).

“Website” means any websites used by The Gunnar Peterson App / The Gunnar Peterson Training App to provide The Gunnar Peterson App / The Gunnar Peterson Training App Services, including the website located at https://gtrain.gunnarpeterson.com/, gunnarpeterson.com

“Usage Data” has the meaning ascribed to it in Section 2(e).

The Gunnar Peterson Training App

Provisioning of the  Gunnar Peterson Training App. Subject to Customer’s compliance with the terms and conditions of this Agreement, The Gunnar Peterson Training App will make the subscribed The Gunnar Peterson Training App available to Customer on the terms and conditions set out in this Agreement.

Restrictions on Use. Customer must not itself, and will not permit others to:

  • sub-license, sell, rent, lend, lease or distribute the Gunnar Peterson Training App or any intellectual property rights therein or otherwise make the Gunnar Peterson Training App available to others; 
  • use the Gunnar Peterson Training App to permit timesharing, service bureau use or commercially exploit the Gunnar Peterson Training App; 
  • use or access the Gunnar Peterson Training App in violation of any applicable law or intellectual property right, in a manner that threatens the security or functionality of the Gunnar Peterson Training App, or for any purpose or in any manner not expressly permitted in this Agreement;
  •  use the Gunnar Peterson Training App to create, collect, transmit, store, use or process any Customer Data:
  • that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
  • that Customer does not have the lawful right to create, collect, transmit, store, use or process; or
  • that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
  • modify The Gunnar Peterson Training App; reverse engineer, de-compile or disassemble the Gunnar Peterson Training App;
  • remove or obscure any proprietary notices or labels on the Gunnar Peterson / The Gunnar Peterson Training App Services, including brand, copyright, trademark and patent or patent pending notices;
  • access or use the Gunnar Peterson Training App for the purpose of building a similar or competitive product or service; 
  • or perform any vulnerability, penetration or similar testing of the Gunnar Peterson Training App;

Suspension of Access; Scheduled Downtime; Modifications. The Gunnar Peterson Training App may, at its discretion:

suspend Customer’s access to or use of The Gunnar Peterson Training App or any component thereof:

  • for scheduled maintenance;
  • if Customer violates any provision of this Agreement; or
  • to address any emergency security concerns; and
  • Modify the Gunnar Peterson Training App.

Customer is required to accept all patches, bug fixes and updates made by or on behalf of Gunnar Peterson to the Gunnar Peterson Training App.

Licensed Third Party Technology. The Gunnar Peterson Training App may contain or require the use of Licensed Third Party Technology. Customer will accept and comply with the license terms applicable to Licensed Third Party Technology. Except for Licensed Third Party Technology expressly identified in this Agreement as provided by The Gunnar Peterson Training App, Customer is responsible for separately obtaining or licensing such technology. The Gunnar Peterson Training App reserves the right to modify the functionality of the The Gunnar Peterson Training App if Licensed Third Party Technology is no longer available on reasonable terms.

Control Software and Analytics Tools. The Gunnar Peterson Training App also include control software that regularly transmits certain usage data, including but not limited to, licensing, system and service performance data, to The Gunnar Peterson Training App to verify compliance with the terms of this Agreement and to improve The Gunnar Peterson Training App’s products and services. Customer acknowledges that The Gunnar Peterson Training App may use such control software as well as third party web analytics tools (such as Google Analytics) that serve cookies or similar tracking technologies through the  Gunnar Peterson Training App, on end user devices, to collect diagnostic and usage related information (“Usage Data”). Customer hereby provides its consent to the Gunnar Peterson Training App to use cookies or tracking technologies served by those web analytics tools, in a manner that is consistent with industry practice.

Ownership; Reservation of Rights

(a) Customer retains all ownership and intellectual property rights in and to Customer Data. Customer grants to The Gunnar Peterson Training App a nonexclusive, worldwide, royalty-free, irrevocable, fully paid-up right to use, process and transmit Customer Data to provide the Gunnar Peterson Training App. The Gunnar Peterson Training App may collect and analyze data and other information (including, without limitation, Usage Data) relating to the provision, use and performance of the Gunnar Peterson Training App and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and during and after the Term of this Agreement, The Gunnar Peterson Training App may: (i) use such data and information to improve and enhance the Gunnar Peterson Training App and for other development, diagnostic and corrective purposes in connection with the Gunnar Peterson Training App and other The Gunnar Peterson Training App offerings; and (ii) disclose such data in connection with its business and in accordance with the Privacy Policy.

(b) The Gunnar Peterson Training App or its licensors retain all ownership and intellectual property rights in and to: (i) the Gunnar Peterson Training App; (ii) anything developed or delivered by or on behalf of The Gunnar Peterson Training App under this Agreement; and (iii) any Modifications to the foregoing (i) and (ii).

(c) All rights not expressly granted by The Gunnar Peterson Training App to Customer under this Agreement are reserved.

Privacy

Customer agrees to The Gunnar Peterson Training App’s access, use, collection, storage and disclosure of Customer’s Personal Information for the purposes authorized under this Agreement. Customer understands that Personal Information will be treated in accordance with The Gunnar Peterson Training App’s privacy policy located at http://9bq.ea6.mwp.accessdomain.com/app-privacy-policy (the “Privacy Policy“).

Customer User Account

The Gunnar Peterson Training App will issue an account (a “Customer User Account“) to Customer. Customer will only use the The Gunnar Peterson Training App and The Gunnar Peterson Training App Services through the Customer User Account. Customer will not share the Customer User Account or any information obtained through the Customer User Account with any other person. Customer will promptly notify The Gunnar Peterson Training App of any actual or suspected unauthorized use of the The Gunnar Peterson Training App Software or The Gunnar Peterson Training App Services. The Gunnar Peterson Training App reserves the right to suspend, deactivate, or replace the Customer User Account if it determines that the Customer User Account may have been used for an unauthorized purpose.

Support

The Gunnar Peterson Training App uses service availability monitoring equipment to monitor the Gunnar Peterson Training App on a 24 hours a day, 365 days a year basis. Customer will generally have access to The Gunnar Peterson Training App’s technical support from 10 AM to 6 PM PST Monday through Friday (excluding statutory and civic holidays observed in Canada and the United States): (i) via email at [email protected]. Customer will consult the documentation and trouble-shooting information made available by The Gunnar Peterson Training App (including on the Website) prior to contacting The Gunnar Peterson Training App for support. The Gunnar Peterson Training App reserves the right to limit Customer’s access to support if Customer does not comply with these terms or uses an excessive amount of support.

Fees and Payment

Fees. Fees for the Gunnar Peterson Training App are described on the Website and in the Application (the “Fees”) and are payable based on the frequency identified in the payment plan that Customer selects. Customer will pay the Fees owed by Customer (including any additional fees for Customer’s use of the  Gunnar Peterson Training App identified to Customer in advance) in accordance with this Agreement. Unless otherwise noted, all Fees are payable in advance.

Automatic Payment. Unless Customer provides The Gunnar Peterson Training App with reasonable notice, upon renewal of Customer’s subscription pursuant to Section 11(a), Customer authorizes The Gunnar Peterson Training App’s third party processors to charge the debit card, credit card or other payment account on file for Customer for the same subscription plan (or the most similar subscription plan if Customer’s subscription plan is no longer available) at the then current subscription Fees plus any applicable taxes. Unless otherwise requested by Customer, The Gunnar Peterson Training App will process Customer payments using the same billing cycle as Customer’s current subscription.

Changes to the Fees. While the Gunnar Peterson Training App does not anticipate that it will increase Fees for existing customers, The Gunnar Peterson Training App reserves the right to change the Fees and institute new charges upon providing not less than 60 days prior notice to Customer.

Cancellation; Refunds. Customer may cancel the Gunnar Peterson Training App Services and request a refund of the Fees paid by Customer within 24 hours of signing up for such The Gunnar Peterson Training App by contacting The Gunnar Peterson Training App as described in this Section, in which case the subscribed The Gunnar Peterson Training App will immediately terminate as of the date that The Gunnar Peterson Training App provides such refund. If Customer chooses to cancel the Gunnar Peterson Training App, Customer must submit a cancellation request via the same method Customer used to sign up for the Gunnar Peterson Training App via [email protected]

Disputed Invoices or Charges. If Customer believes The Gunnar Peterson Training App has charged Customer incorrectly, Customer must contact via [email protected] within a reasonable time after having been charged by The Gunnar Peterson Training App in order to request an adjustment or credit, and The Gunnar Peterson Training App will review any identified charges upon notice from Customer. In the event of a dispute, Customer will pay any undisputed amounts in accordance with the payment terms herein, and the Parties will discuss the disputed amounts in good faith in order to resolve the dispute.

Late Payment. Customer may not withhold or setoff any amounts due under this Agreement. The Gunnar Peterson Training App reserves the right to suspend Customer’s access to the Gunnar Peterson Training App Services until all due amounts are paid in full. Any late payment will be increased by the Gunnar Peterson Training App of collection (if any).

Taxes. The Fees set out in this Agreement do not include applicable sales, use, gross receipts, value-added, GST or HST, personal property or other taxes. Customer will be responsible for and pay all applicable taxes, duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this Agreement, other than taxes based on the net income or profits of the  Gunnar Peterson Training App.

Suspension. Any suspension of the Gunnar Peterson Training App by the Gunnar Peterson Training App pursuant to the terms of this Agreement will not excuse Customer from its obligation to make payments under this Agreement.

Third Party Payment Processors. Customer will pay the Fees using a valid credit card, debit card or other payment account (e. g. PayPal) accepted by The Gunnar Peterson Training App. By using the Gunnar Peterson Training App, Customer authorizes The Gunnar Peterson Training App’s third party payment processor to post a pre-authorized charge for the Fees and to charge Customer’s credit card, debit card or other payment account for the Fees. The Fees do not include any payment processing fees assessed by The Gunnar Peterson Training App’s third party payment processors for which Customer will be solely responsible. By using the Gunnar Peterson Training App, Customer authorizes The Gunnar Peterson Training App’s third party payment processors to deduct and send directly to The Gunnar Peterson Training App any amounts owed to The Gunnar Peterson Training App pursuant to this Agreement. Third party payment processors are not subcontractors or agents of the  Gunnar Peterson Training App and any disputes between Customer and a third party processor regarding any payments or lack thereof are between Customer and the third party payment processor. The Gunnar Peterson Training App and its third party payment processors are not responsible for the transmission or processing of any payments Customer makes pursuant to its use of the  Gunnar Peterson Training App. Customer’s use of the payment services provided by The Gunnar Peterson Training App’s third party payment processors may be subject to additional terms and conditions made available to Customer by such payment processors.

Confidential Information

Definitions. For the purposes of this Agreement, a Party receiving Confidential Information (as defined below) will be the “Recipient”, the Party disclosing such information will be the “Discloser” and “Confidential Information” means information marked or otherwise identified in writing by a Party as proprietary or confidential, or information that, under the circumstances surrounding the disclosure, the Recipient should recognize as being confidential; provided that Discloser’s Confidential Information does not include, except with respect to Personal Information: (i) information already known or independently developed by Recipient without access to Discloser’s Confidential Information; (ii) information that is publicly available through no wrongful act of Recipient; or (iii) information received by Recipient from a third party who was free to disclose it without confidentiality obligations.

Confidentiality Covenants. Recipient hereby agrees that during the Term and at all times thereafter it will not: (i) disclose Confidential Information of the Discloser to any person, except to its own personnel or affiliates having a “need to know” and that have entered into written agreements no less protective of such Confidential Information than this Agreement, and to such other recipients as the Discloser may approve in writing; (ii) use Confidential Information of the Discloser except to exercise its license rights or perform its obligations under this Agreement; or (iii) alter or remove from any Confidential Information of the Discloser any proprietary legend. Each Party will take reasonable precautions to safeguard the other Party’s Confidential Information. Those precautions will be at least as great as the precautions that the Recipient takes to protect its own Confidential Information of a similar type.

Exceptions to Confidentiality. Notwithstanding Section 8(b), Recipient may disclose Discloser’s Confidential Information: (i) to the extent that such disclosure is required by applicable law or by the order of a court or similar judicial or administrative body, provided that, except to the extent prohibited by law, the Recipient promptly notifies the Discloser in writing of such required disclosure and cooperates with the Discloser to seek an appropriate protective order; (ii) to its legal counsel and other professional advisors if and to the extent such persons need to know such Confidential Information in order to provide applicable professional advisory services in connection with the Party’s business; or (iii) in the case of The Gunnar Peterson Training App, to potential assignees, acquirers or successors of The Gunnar Peterson Training App if and to the extent such persons need to know such Confidential Information in connection with a potential sale, merger, amalgamation or other corporate transaction involving the business or assets of the  Gunnar Peterson Training App.

Deletion of Confidential Information. Within 30 days of the expiration or termination of this Agreement, Customer will return or destroy The Gunnar Peterson Training App’s Confidential Information.

Warranty; Disclaimer; Indemnity

Customer Warranty. Customer represents and warrants to, and covenants with The Gunnar Peterson Training App that the Customer Data will only contain Personal Information in respect of which Customer has provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise has all authority, in each case as required by applicable laws, to enable The Gunnar Peterson Training App to provide the Gunnar Peterson Training App Services, including with respect to the collection, storage, access, use, disclosure and transmission of Personal Information, including by or to The Gunnar Peterson Training App and to or from all applicable third parties.

GENERAL DISCLAIMER. The Gunnar Peterson Training App DOES NOT WARRANT THAT THE Gunnar Peterson Training App WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Gunnar Peterson Training App SERVICES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE GUNNAR PETERSON / THE GUNNAR PETERSON TRAINING APP SERVICES (OR ANY PART THEREOF), AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY GUNNAR PETERSON / THE GUNNAR PETERSON TRAINING APP TO CUSTOMER ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, GUNNAR PETERSON / THE GUNNAR PETERSON TRAINING APP HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICpAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, GUNNAR PETERSON / THE GUNNAR PETERSON TRAINING APP EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE GUNNAR PETERSON / THE GUNNAR PETERSON TRAINING APP SERVICES (OR ANY PART THEREOF) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.

Medical Disclaimer. The Gunnar Peterson / The Gunnar Peterson Training App Services provided hereunder are not designed or intended to be a substitute for professional medical advice, diagnosis or treatment and should not be used as a replacement or substitute for professional medical advice, diagnosis, treatment or judgment. Customer acknowledges and agrees that medical treatment decisions will not be made by Gunnar Peterson / The Gunnar Peterson Training App nor through the usage of the Gunnar Peterson / The Gunnar Peterson Training App Services but remain based entirely upon health care providers’ professional medical judgement and in accordance with generally accepted standards of medical practice, including without limitation, verifying conclusions and outputs of the Gunnar Peterson / The Gunnar Peterson Training App Services, confirming the accuracy of life-threatening information and verifying critically important results.

Indemnity. Customer will defend, indemnify and hold harmless Gunnar Peterson / The Gunnar Peterson Training App, its employees, officers, directors, affiliates, agents, contractors, successors, and assigns against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with: (i) Customer Data; (ii) Customer’s breach of any of Customer’s obligations, representations or warranties under this Agreement; or (iii) use of the Gunnar Peterson / The Gunnar Peterson Training App Services (or any part thereof) by Customer in combination with any third party software, application or service. Customer will fully cooperate with Gunnar Peterson / The Gunnar Peterson Training App in the defense of any claim defended by Customer pursuant to its indemnification obligations under this Agreement and will not settle any such claim without the prior written consent of Gunnar Peterson / The Gunnar Peterson Training App.

Limitation of Liabilities

The Parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:

AMOUNT. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF GUNNAR PETERSON / THE GUNNAR PETERSON TRAINING APP IN CONNECTION WITH OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE GUNNAR PETERSON / THE GUNNAR PETERSON TRAINING APP SERVICES IN THE PRIOR 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF GUNNAR PETERSON / THE GUNNAR PETERSON TRAINING APP IN CONNECTION WITH THIS AGREEMENT EXCEED TEN CANADIAN DOLLARS ($10) OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL GUNNAR PETERSON / THE GUNNAR PETERSON TRAINING APP’S THIRD PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

TYPE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GUNNAR PETERSON / THE GUNNAR PETERSON TRAINING APP BE LIABLE TO CUSTOMER FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (III) BUSINESS INTERRUPTION; (IV) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (V) PERSONAL INJURY OR DEATH; OR (VI) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.

Apple App Store Additional License Terms

If the Application is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple“) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of this Terms of Use:

The parties acknowledge this Terms of Use is concluded between you and us, and not with Apple. The responsibility for the Application and content thereof is governed by this Terms of Use.

Notwithstanding anything else in this Terms of Use, you may use the Application only on or through an Apple device that you own or control

You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Application.

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 (if any) to you. Except for the foregoing, 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 governed by this Terms of Use.

Any claim in connection with the Application related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation is governed by this Terms of Use, and Apple is not responsible for such claim.

Any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights will be governed by this Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.

You represent and warrant that you are not: (i) located in any 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; or (ii) listed on any U.S. Government list of prohibited or restricted parties.

You may contact us in writing regarding any notices, questions, complaints, or claims with respect to the Application.

Email Address: [email protected]

Apple is a third party beneficiary to this Terms of Use and may enforce this Terms of Use against you.

If any of the terms and conditions in this Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement or the App Store Terms of Service as of the Effective Date, the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.

Google Play

If the Application is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google“) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of this Agreement:

You acknowledge that Google is not responsible for providing support services for the Application.

If any of the terms and conditions in this Terms of Use are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement as of the date this Terms of Use was accepted, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency