Terms of Service
2. Important terms
ALL USE OF THE WEBSITE AND APP AND DOCUMENTATION IS SOLELY FOR USE BY USERS IN ACCORDANCE WITH THESE TERMS. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE WEBSITE AND APP NOT IN ACCORDANCE WITH THESE TERMS IS EXPRESSLY PROHIBITED.
THESE TERMS LIMITS OUR LIABILITY AS IS SET OUT IN SECTION 14 (LIMITATION OF LIABILITY) BELOW.
YOU MAY USE THE WEBSITE AND APP ONLY IF YOU ARE 13 YEARS OR OLDER AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW. YOUR USE OF THE WEBSITE AND APP REQUIRES YOU TO HAVE AN APPLE ITUNES ACCOUNT. YOUR ACCESS TO THE WEBSITE AND APP WILL BE LINKED TO YOUR APPLE ACCOUNT AND YOU ARE REQUIRED TO COMPLY WITH THE APPLE POLICIES TO USE THE WEBSITE AND APP, INCLUDING FOR ANY PAYMENTS.
3. General Provisions
These Terms set out the complete understanding and agreement between us and you and may only be amended or waived in writing by us. No waiver by us of any failure by you to comply with or perform a provision of Terms shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this Terms are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. This Terms is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement. You may only use the Website and App for your personal, private and non-commercial use. You may not reproduce, distribute, publicly display or perform, translate, modify, adapt, creative derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the Website or App, or any part of it, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software of any utilities, applications, emulators or tools derived therefrom. You agree not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Apple’s security measures, or transfer files that contain viruses, Trojans or other harmful programs.
4. Your Health & Safety
ClockCoach is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical condition, consult your doctor before using the ClockCoach Service, engaging in a sleep/wake program, using melatonin, light therapy, changing your diet or exercise. If you experience a medical emergency, stop using the ClockCoach Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the ClockCoach Service. If you engage in any programs you receive or learn about through the ClockCoach Service, you agree that you do so at your own risk and are voluntarily participating in these activities. If you require medical or mental health treatment, call 911 immediately or contact your healthcare provider.
5. App Developer Terms
The following terms of this App are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the App:
You and we acknowledge that these Terms concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that we are solely responsible for the App and the content thereof.
5.2. Grant of License
Subject to your compliance with all conditions of these Terms we grant you a non-exclusive, personal, non-transferable license to use the App on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (https://www.apple.com/legal/).
5.3. Maintenance and Support
We are solely responsible for providing support and maintenance for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
5.4. Product Claims
You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the app, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5.5. Intellectual Property Rights
You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
5.6. Legal Compliance
You represent and warrant that (i) 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 (ii) you are not listed on any US Government list of prohibited or restricted parties.
5.7. Third Party Beneficiary
You acknowledge and agree that Apple are third party’s beneficiaries of these Terms, and that when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
5.8. Third Party Terms of Agreement
We do not use any third party software or applications in our App and therefore these Terms sets out the terms and conditions of using the App.
6. Your Use of the Website and App
Furthermore you agree, to not provide false personal information or create an account for anyone other than yourself without permission. If at anytime we disable your account, you will not register another account without our permission. You will not share your password or let anyone access your account.
You will not use any form of technology or attempt to access, acquire, copy, or monitor any portion of the Websites, Apps, or any Content. Nor will you in any way reproduce or circumvent the navigational structure or presentation of the Websites, Apps, or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Websites or Apps. You will not attempt to gain unauthorized access to any portion or feature of the Websites, Apps, or any other systems or networks connected to the Websites, Apps, or to any ClockCoach server through any means.
7. Ownership of the App
All intellectual property rights in the App and content on the App (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) belongs to us. All rights reserved. Except as we expressly allow, you may not copy, reproduce, download or distribute the Company Materials (or any part of them) in any way. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Application. No part of the Apps may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, web site, app, or other medium for publication or distribution or for any commercial enterprise, without ClockCoach’s express prior written consent.
If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the App infringes your intellectual property rights and you wish us to remove it or suspend/disable access to it, please send a notice by email to email@example.com with Takedown in the email subject line. In your email you must set out the following information: Details of the content you claim is infringed, together which sufficient information for us to identify the content within the App; Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim; A statement that: you are the rights holder, or duly authorized by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorized by you or the rights owner; that the information you supply in your notice is true.
8. Links to Website
9. User Generated Content
To the extent that the App allows you to upload any text, images, videos or other content and information to our servers (“User Generated Content”), then you hereby grant us a royalty free, irrevocable, perpetual, worldwide and sublicenseable, and transferable right to copy, adapt, modify and use the User Generated Content as part of the App generally, and you acknowledge that we may make the User Generated Content available to other users of the App.
You confirm that any User Generated Content shall be your own original work and you shall not infringe the intellectual property rights or privacy rights of any third party or defame any person. You agree to compensate us for any loss we may suffer from a third party claim arising from a breach by your of this confirmation. To the extent that the App allows you to message or communicate with other App users, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust. You must not send any abusive or offensive material, or any other material which is generally objective. We do not monitor any communications that you may send from the App.
11. Contact Us
If you have any questions, complaints or claims with respect to the Website or App, then you may contact us at firstname.lastname@example.org.
12. System Requirements
This App has been developed to work on the latest version of the iOS software at the time of its release. Apple may from time to time update the iOS software, and we will endeavor, but not obligated, to update the App if applicable to ensure that its functionality and performance continues with any updated iOS release. It is your obligation to ensure that you are using the latest public release of the iOS software.
13. Indeminity/ Condemnation
You agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the App or arising from any breach or suspected breach of these Terms by you or your violation of any law or the rights of any third party.
14. Term and Termination
These Terms takes effect upon your download, installation and/or use of the App and remains effective until terminated by either of us. You may terminate these Terms at any time by removing the App from your iOS device on which you have installed it. These Terms shall automatically terminate if you fail to comply with any term or condition of these Terms. Upon termination you shall cease all use of the App and delete all copies of the App.
The following sections of these Terms shall survive termination of these Terms: Section 3 (General Provisions), Section 7 (Ownership), Section 10 (Advertisements), Section 13 (Indemnity/compensation), Section 14 (Term and Termination), Section 15 (Limitation of Liability), Section 17 (Severance) and Section 18 (Jurisdiction).
15. Limitations of Liability
THE APP IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY.
WE DO NOT GUARANTEE THAT THE APP WILL BE (I) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (II) THAT THE APP OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP OR IN THE DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE APP OR DOCUMENTATION WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE BY US, OUR EMPLOYEES OR AGENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILITY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.
NOTHING IN THESE TERMS SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CAN NOT EXCLUDE IT, WHERE PERMISSIBLE BY LAW, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE APP.
IN THE EVENT THAT APPLE REFUNDS YOU THE PURCHASE PRICE IN ACCORDANCE WITH THE ITUNES TERMS OF SALE, THEN BOTH APPLE AND WE WILL HAVE NO FURTHER WARRANTY OBLiGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM WITH THE FOREGOING WARRANTY. AS A CONDITION OF THE REFUND, YOU ARE REQUIRED TO DELETE THE APP.
16. Changes to these Terms
We reserve the right to modify or add to the Terms or any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Application so that they are accessible via a link on the settings page of the Application, and that your use of the Application after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Application. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Application from that point forward.
If any provision of these Terms is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.
18. Governing Law and Jurisdiction
In the event of any dispute between you and us regarding these Terms and/or your use of the App, then the laws of the State of Massachusetts will apply. You agree that in the event we are unable to settle any dispute with you, then any court or arbitration proceedings shall be held in the State of Massachusetts only.
19. Violation of Terms of Service
You agree that ClockCoach may without prior notice, terminate your access to the Websites or Apps, and/or block your future access to the Websites or Apps if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Websites or Apps. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to ClockCoach, for which monetary damages would be inadequate, and you consent to ClockCoach obtaining any injunctive or equitable relief that ClockCoach deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ClockCoach may have at law or in equity.
If ClockCoach does take any legal action against you as a result of your violation of these Terms of Service, ClockCoach will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ClockCoach. You agree that ClockCoach will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Service.
19. Violation of Terms of Service