This page explains the terms (referred to herein as “We”, “We”, “Us”, or “Our”) of software, website, mobile application. (collectively called the “Service”), so please read these terms of use (this “Agreement”) carefully before using the Service.
Welcomes you to all mobile applications, software, and all related company support. The Terms of Use, including any policies, rules, and other terms that are expressly incorporated herein by reference (collectively, these “Terms”), sets forth a legally binding agreement between you and us.
These Terms of Service, together with our Privacy Policy, Cookie Policy and our online safety and best practices guidelines, form the agreement with you regarding the use of the Websites and Mobile Apps (the "Agreement").
Please read the Agreement carefully. By continuing to use the Services, you agree that you have read and are bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, you must not use the Websites or the Mobile Apps.
These Terms of Service include important agreements about your rights and the rights of us, including a binding agreement about how to resolve any disputes between us connected to the Services. These Terms of Service also contain disclaimers of warranties and limitations on liability that may be applicable to you.
These Terms of Service will also govern any dispute between us in connection with the Privacy Policy.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms of Service and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms of Service contain disclaimers of warranties and limitations on liability that may be applicable to you.
By receiving, opening the file package, and/or using AgileAI / Heart Rate Monitor / Wallpaper containing this software, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by. You agree to abide by intellectual property laws and all terms and conditions of this Agreement. Unless you have another license agreement signed by us, your use of AgileAI / Heart Rate Monitor / Wallpaper constitutes your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, We grant you a limited, non-exclusive, non-transferable, non-sublicensing license to use AgileAI / Heart Rate Monitor / Wallpaper under this Agreement and any other agreements. in writing other than with Us. We do not transfer the title of AgileAI / Heart Rate Monitor / Wallpaper to you; The license granted to you is not a sale. This Agreement is a legally binding agreement between Us and the purchaser or user of AgileAI / Heart Rate Monitor / Wallpaper. The terms of this license are subject to change or modification at any time without notice to the end user. If you do not agree to be bound by this agreement, remove AgileAI / Heart Rate Monitor / Wallpaper from your device now.
You shall use AgileAI / Heart Rate Monitor / Wallpaper in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of AgileAI / Heart Rate Monitor / Wallpaper together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. The assignment, sublicense, networking, sale, or distribution of AgileAI / Heart Rate Monitor / Wallpaper are strictly forbidden without the prior written consent of us. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of us. If any person other than yourself uses AgileAI / Heart Rate Monitor / Wallpaper registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of laws principles.
We reserve the right to terminate this Agreement, in our sole discretion. We may terminate this Agreement prior to sending you written notification. For example, we will terminate the account of any User who threatens or harasses any other User.
These Terms of Service may be updated from time to time. You should therefore check these Terms of Service whenever you return to or use our Websites or Mobile Apps to see whether any changes have been made, as these will be binding on you. If we make any changes, we will notify you by posting the revised Terms of Service on this page and by revising the "Effective Date" at the top of the Terms of Service. Where the changes are material, we may also choose to provide you with additional notice (such as by adding a notice to our Services prior to the changes becoming effective, or by sending an email to all our registered users with the changes), and it is within our sole discretion whether or not we choose to do so. The date of the most recent revisions will also appear on this page. If you do not agree with this Terms of Service or you do not agree to any changes we make in the future, you must not use the Websites or the Mobile Apps.
These Terms of Service constitute the entire agreement between you and us with respect to the subject matter of these Terms of Service and supersedes and supersedes any agreements or terms and conditions previously or at the same time. or the terms and conditions applicable to the subject matter of these Terms of Service. Our past, present and future affiliates and agents may invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms of Service do not grant rights to any third parties.
You may not assign any of your rights under these Terms of Service and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries or to any successors for the benefit of any business related to the Services. If a term is found to be unenforceable, the remaining provisions of the Terms of Service will remain in full force and effect and an enforceable provision will be superseded to reflect our intent. as closely as possible. Our failure to enforce a provision is not a waiver of the right to do so at a later date.
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile. Nor can you create any derivative works or other works that are based upon or derived from us in whole or in part.
Name, logo and graphics file that represents AgileAI / Heart Rate Monitor / Wallpaper shall not be used in any way. We retains sole and exclusive ownership of all right, title and interest in and to AgileAI / Heart Rate Monitor / Wallpaper and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of AgileAI / Heart Rate Monitor / Wallpaper, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for us.
You will indemnify, hold harmless and defend us, our employees, agents and distributors against any and all claims, proceedings, demands and expenses arising out of or under in any way related to your use of our Software. In no event (including but not limited to, in the event of negligence), we, our employees, agents or distributors shall not be liable for any consequential damages. , incidental, indirect, special or punitive (including without limitation, loss of profits, loss of usage rights, business interruption, loss of information or data, or loss of money), in connection with or arising out of or in connection with this Agreement, AgileAI / Heart Rate Monitor / Wallpaper or the use or inability to use AgileAI / Heart Rate Monitor / Wallpaper or equipment, performance or use of any other matter hereunder whether based on contract, misconduct or any other theory including negligence. Our full liability, without exception, is limited to a refund of the purchase price of the Software by the customer (up to a lower amount payable by you and the suggested retail price as listed by us). statements) in exchange for the return of the product, all copies, registrations and manuals, and all documents constituting the transfer of the license from the customer back.
You may need to pay for different things to access and use certain Products or Services. We recommend that you read these terms of use before initiating payment.
Payment Processor: All financial transactions performed in connection with the Service will be processed by a third party in accordance with its terms of use, privacy policy and/or any other payment terms and conditions. any current math. We encourage you to inquire about the activities of such third parties. In no event will We be liable for the actions or failure of any third party payment processor, including but not limited to system downtime or discontinuance of payment services.
We may modify prices for goods and services provided through the Service at any time. All information you provide in connection with a purchase or other transaction or monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all fees incurred by users of a credit card, debit card or other payment method used in connection with a purchase or other monetary transaction or interaction with the Service. at the rates in effect when such charges are incurred. You will pay any applicable taxes, if any, in connection with any such monetary purchase, transaction or interaction.
We offer free trials for certain types of paid subscriptions to allow you to try our services. We reserve the right to set eligibility requirements for a free trial. At the end of your free trial, we will charge the relevant subscription fee for the next billing cycle to your designated payment method, unless you cancel your previous subscription.
If you purchase an auto-repeating recurring subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period and again after any subsequent subscription periods, your subscription will automatically continue for an additional equivalent amount of time, at the rate you agreed upon registration. You may unsubscribe at any time as directed by the Payment Method.
You may cancel your use of the Service at any time; however, there is no refund for cancellation. In the event that We suspend or terminate your use of the Service or this Agreement, you understand and agree that you will not receive a refund or exchange for any credit, for any length of time. unused subscription, any license or subscription fee for any part of the Service, any content or data associated with you, or for anything else.
The Company may offer new “beta” features or tools with which its users may experiment from time to time. Such features or tools are offered solely for experimental purposes and without any warranty of any kind and may be modified or discontinued at THE Company’s sole discretion. The provisions of this section apply with full force to such features or tools.
You may terminate the Service by not using it, for any reason. However, if you use a third-party payment account such as the Google Play Store, you will need to manage in-app purchases through such account to avoid additional billing. We may terminate your use at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.
We reserves the right to alter these Terms at any time in its sole discretion. If the alterations constitute a material change to these Terms, we will notify you. Your continued use of Services after such notification of changes to the Terms will constitute your agreement and acceptance to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using Services.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
If you have any questions, comments, or concerns about our Services or Terms of Service you may contact us at: [email protected]