We are not responsible for the way you use the App. If you submit a post, you are solely responsible for your communications, the consequences of posting those communications, and your reliance on any communications found in public areas. We are not responsible for the consequences of any communication in public areas. If you think you may have a medical emergency, call your doctor or emergency services immediately. As a condition of using the Services, you agree not to use the App for any purpose prohibited by this Agreement.UNLESS OTHERWISE STATED IN THIS AGREEMENT OR AGREED WITH US IN WRITING, YOU MUST NOT (WHETHER DIRECTLY OR INDIRECTLY):
- distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Services or any content, files, feeds, or data from the Services, whether publicly available or not, to any third parties;
- use or access our App to provide any kind of services to third parties;
- modify any file or any other part of the App that we do not specifically authorize you to modify;
- copy, download, or store any content, files, feeds, or data from the App, whether publicly available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict the copying of an insubstantial part of any such material or where you can show ‘fair dealing’ with it, in each case following the applicable law (this provision doesn`t apply to User Content allowed to share by the functionality of the App);
- use any robot, spider, or other automated device or process to access the App for any purpose or copy any material;
- use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software programs or applications, exploits, cheats, or any other hacking, altering, or cheating software or tool;
- upload, post, publish, or otherwise make available information and/or materials, the rights to which belong to third parties, without obtaining the appropriate consent from such third parties;
- attempt to gain unauthorized access to our App, the server on which our App is hosted, or any server, computer, or database connected to our App. By breaching the provisions of this clause, you may be committing a criminal offense. We shall report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them, and your right to use our App shall immediately and automatically cease;
- attempt to avoid or undermine any protections we put in place for the security and operation of the App;
- do other actions prohibited by applicable law, that violate the moral principles and/or any rights of third parties, as well as that could damage the reputation of the App or otherwise discredit it, the App`s users, third parties, and/or Heartify LLC or any of our products and services, employees, subcontractors, representatives, or affiliates.
Unless you have requested and received our prior written consent or unless expressly permitted in this Agreement, you must not:
(a) copy our App except as part of the normal use of the App or where it is necessary for creating a backup or operational security;
(b) modify or translate our App in whole or in part, or combine or merge our App with any other object code or program;
(c) reverse engineer, decompile, disassemble, reduce the object code of our App to source code form or create (or attempt to create) derivative works based on the whole or any part of our App, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities:
— is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it to in accordance with applicable law; and
— is not used to create any software that is substantially similar in its expression to our Apps
— is kept secured; and
— is used only in accordance with applicable law;
(d) distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our App or your right to use our App, including under paid subscription;
(e) modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from any documentation concerning the App;
(f) remove, modify, block, disable, obscure, or impair any copyright, trademark, or other proprietary notices, material, or advertising belonging to us, our licensors, or other third parties contained within our App;
(g) incorporate our App into another service or website or make it available via framing or mirrors;
(h) extract any data or metadata from our App nor create any index or database incorporating any part of it;
(i) circumvent, disable or otherwise interfere with security-related features of our App or features that:
— prevent or restrict the use or copying of any part of our App; or
— enforce limitations on the use of our Apps;
(j) do anything that may cause damage to our App;
(k) use our App in any manner not expressly authorized by this Agreement.
Without prejudice to our rights and remedies, we reserve the right to promptly disable your login details and suspend your access to the App, if, in our reasonable opinion, we believe that you have breached any of the provisions of this Agreement.
It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
In addition to your right to use sharing functionality of the App, you may occasionally print the content of the App or materials you got by demand from it for your private, non-commercial use, provided that such printing is not substantial or systematic and our trademarks, copyright notices and trademark notices are not removed.
Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our discretion. You agree to authorize us to use such contents for free, and revise, modify, adjust, and change it contextually, or make any other changes, in each case as we deem appropriate.