LICENSE AGREEMENT
Full End-User License Agreement (EULA)
HerFit Wellness - Standard EULA
HerFit Wellness is licensed to You (End-User) by HerFit Wellness, located and registered at Da Nang, Vietnam ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform ("App Store"), and any update 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. App Store is referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. HerFit Wellness, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions ("Usage Rules"). HerFit Wellness acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
HerFit Wellness when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. HerFit Wellness is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS").
THE APPLICATION
HerFit Wellness ("Licensed Application") is a mobile application designed to promote health and fitness among users, particularly in the Vietnamese market. The app offers a comprehensive suite of features aimed at helping individuals lead healthier lifestyles and achieve their fitness goals.
The Licensed Application is not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
SCOPE OF LICENSE
You are given a non-transferable, non-exclusive, non-sub-licensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules.
This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application.
You may not share or make the Licensed Application available to third parties, sell, rent, lend, lease or otherwise redistribute the Licensed Application.
You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, or create derivative works of the Licensed Application.
You may not copy or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup purposes.
Violations of the obligations mentioned above may be subject to prosecution and damages.
Licensor reserves the right to modify the terms and conditions of licensing.
When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
TECHNICAL REQUIREMENTS
Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware.
You acknowledge that it is Your responsibility to confirm that the app end-user device satisfies the technical specifications.
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
MAINTENANCE AND SUPPORT
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 App Store Overview.
HerFit Wellness and the End-User acknowledge that Apple (Services) have no obligation whatsoever to furnish any maintenance and support services.
USER-GENERATED CONTRIBUTIONS
The Licensed Application allows users to create, submit, post, display, transmit, or broadcast content and materials (collectively, "Contributions").
There is NO TOLERANCE for objectionable content or abusive users. You may not post content that is offensive, insensitive, upsetting, intended to disgust, in exceptionally poor taste, or otherwise inappropriate. We provide a mechanism for users to report and block abusive users. Reported content will be reviewed within 24 hours and removed if found in violation. Abusive users will be banned.
Contributions do not infringe the proprietary rights of any third party.
You are the creator and owner of or have the necessary licenses to use your Contributions.
Contributions are not false, inaccurate, or misleading.
Contributions are not unsolicited advertising, spam, or other forms of solicitation.
Contributions are not obscene, lewd, violent, or otherwise objectionable.
Contributions do not ridicule, mock, disparage, or abuse anyone.
Contributions do not promote violence against a specific person or class of people.
Contributions do not violate any applicable law, regulation, or rule.
CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy.
By submitting suggestions or feedback, you agree that we can use and share such feedback for any purpose without compensation.
We do not assert any ownership over your Contributions. You retain full ownership and are solely responsible for your Contributions.
LIABILITY
Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence.
Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement.
WARRANTY
Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download.
No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified or handled inappropriately.
You are required to inspect the Licensed Application immediately after installing it and notify HerFit Wellness about issues without delay.
If the Licensed Application is defective, HerFit Wellness reserves a choice to remedy the situation by solve or substitute.
In case of failure to conform to any warranty, You may notify Apple for a refund of the purchase price. Apple will have no other warranty obligation.
PRODUCT CLAIMS
Product liability claims;
Claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
Any failure to conform to any applicable legal or regulatory requirement.
LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
THE APPLICATION (CONTACT)
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
App owner: HerFit Wellness
Email: support@herfit.vn
Hotline: 093 256 87 05
TERMINATION
The license is valid until terminated by HerFit Wellness or by You. Your rights will terminate automatically if You fail to adhere to any term(s) of this license. Upon termination, You shall stop all use and destroy all copies of the Licensed Application.
THIRD-PARTY TERMS AND BENEFICIARY
HerFit Wellness represents and warrants that HerFit Wellness will comply with applicable third-party terms of agreement.
Apple and Apple’s subsidiaries shall be third-party beneficiaries of this EULA. Apple will have the right to enforce this EULA against You as a third-party beneficiary.
THE APPLICATION (IP RIGHTS)
In the event of any third-party claim that the Licensed Application infringes on intellectual property rights, HerFit Wellness, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims.
MISCELLANEOUS
If any of the terms should be or become invalid, the validity of the remaining provisions shall not be affected.
Collateral agreements, changes and amendments are only valid if laid down in writing.
Effective Since
January 27, 2024