Mobile Application End User License Agreement
This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Chaparral MedTech LLC, ("Company" “we” “us”). This Agreement governs your access to and use of any content, functionality and services offered on or through use of the QuantiQi mobile application, (the "Application"). The Application is licensed, not sold, to you.
BY [CLICKING THE “AGREE” BUTTON] / DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
THIS AGREEMENT CONTAINS TERMS THAT, WITH LIMITED EXCEPTIONS, REQUIRES YOU ARBITRATE ANY DISPUTES AND CONTAIN A CLASS ACTION AND JURY TRIAL WAIVER.
Services. The Application collects and allows users to track, manage, and share certain wellness information (such as Qi measurement, heart rate, recovery, sleep, energy level, diet, and other wellness analytics) (the “Services”). You understand and agree that:
The Application is not a medical device and the Services do not provide medical advice or medical services.
The information provided by the Application is for general fitness and informational purposes only and not for making any medical decisions.
The Company is not a health care provider, personal trainer, or fitness consultant.
Neither your use of the Services nor any communication with us creates a doctor patient relationship.
The Application is not a substitute for advice or treatment by a qualified and licensed medical practitioner.
Engaging in exercise and athletic activities involves certain inherent risks of bodily injury or death and you voluntarily assume all known and unknown risks associated with these activities.
You should consult with a medical practitioner regarding any question you may have about your health and before instituting or changing any exercise program, diet, or other activity that may have an effect on your health. If you experience a medical emergency, you should immediately contact local emergency services, not the Company.
Membership. Order to access the Services, you will need to register as a Member via one of our Authorized Resellers (currently the Apple App Store and Google Play Store). You agree to be bound by the Terms of Use and Privacy Policies of our Authorized Resellers. We are not responsible for any errors by our Authorized Resellers.
The terms of your membership are posted on the Company’s Website located at www.quantiqi.com (the "Website") and are subject to the Website’s Terms of Use www.quantiqi.com/legal/terms-of-use.html and Privacy Policy www.quantiqi.com/legal/privacy-policy.html. The Membership fees posted on the Website do not include sales taxes that may be due in connection with Membership. If an Authorized Reseller determines that it has a legal obligation to collect sales, it will do so.
Once you have registered as Member, your Membership will continue and automatically renew at our then current price for Membership until you cancel your Membership in accordance with the terms of this Agreement. You agree that you will pay the Membership fees and authorize our Authorized Resellers to charge Membership fees via the payment form you selected when registering for your Membership at the beginning of your Membership and each subsequent renewal of your Membership. Any payment terms posted on the APPLICATION are incorporated into this Agreement by reference. Except as provided in this Agreement, all Membership fees are non-refundable. Your failure to pay Membership fees when due constitutes a material breach of this Agreement.
We may from time to time offer a free trial of the Services. If you register for a free trial, you will be able, subject to the terms of this Agreement, to download the Application and access the Services. Upon conclusion of the pretrial period, you will be automatically registered as a Member at the current level of Membership Fees unless you cancel before the conclusion of the free trial period.
If you are unhappy or dissatisfied with the Services for any reason, you may cancel your Membership within thirty (30) days of registering your Membership.
Apple customers may request a refund of their Initial Membership Fee at reportaproblem.apple.com by providing the order number and a one‑sentence explanation. Apple’s refund process may take several days to complete. The refund will be made via your original payment method. The right to cancel does not apply to a Free Trial.
Google/Android customers may request a refund of their Initial Membership Fee by going to the Google Play Store and clicking their profile picture in the top right. Then, click Payments & Subscriptions and go to Budget & Order History. Find the purchase to return and click Report a Problem. Select the option that best describes the situation and complete the form, noting that you would like a refund. Click Submit.
User Responsibilities. In order to access the Services, you will need a supported mobile device with access to the internet. You are responsible for obtaining and maintaining a supported mobile device and internet services. You are responsible for providing accurate information in connection with the Services, including billing information provided to our Authorized Resellers. To access the Sites, you may be required to create a unique username and password. You are responsible for maintaining the security and confidentiality of your username and password. Your username and password are personal to you, and you may not allow any third party to use them. We are not liable for any harm caused by the theft, misappropriation, disclosure, or unauthorized use of your username or password. Contact us immediately if you become aware of or believe there is or may have been any unauthorized use of your username or password.
License Grant. Subject to the terms of this Agreement, Company grants you a limited, revocable, non-exclusive, and nontransferable license to:
download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and
access, stream, download, and use the Services on your Mobile Device the Services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.
License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:
copy the Application, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
remove, delete, alter, or obscure any trademark or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any feature or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, APPLICATION, or service;
use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application; [or]
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or.
Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy www.quantiqi.com/legal/privacy-policy.html, which is incorporated herein by this reference. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Geographic Restrictions. The Content and Services are based in the Commonwealth of Massachusetts in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
the Application will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party APPLICATIONs or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination.
The term of Agreement commences when you download/install the Application and will continue in effect until terminated by you or Company as set forth in this Section .
You may terminate this Agreement by cancelling your Membership in the Account settings on the APPLICATION or by deleting the Application and all copies thereof from your Mobile Device. If you terminate this Agreement during the term of your Membership, your Membership will continue to the end of the current term. The Company will not provide a refund of any portion of your Membership fee.
Company may terminate this Agreement at any time if it ceases to support the Application, which Company may do in its sole discretion. In the event the Company ceases to support the Application, we will refund a pro rata of your Membership fees.
In addition, the Company reserves the right to terminate this Agreement immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. In the event of termination because of a breach, the Company will not provide a refund of any portion of your Membership Fee.
Upon termination:
all rights granted to you under this Agreement will also terminate; and
you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
Termination will not limit any of Company's rights or remedies at law or in equity.
Upon termination, you may request a copy of your data collected by the Application by contacting us within thirty days of termination. After thirty days, the Company reserves the right to delete your data.
Disclaimer of Warranties. YOUR USE OF THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in Boston, Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration. At Company's sole discretion, we may require You to submit any disputes arising from this Agreement or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the JAMS applying Massachusetts law. Notwithstanding the foregoing, the Company shall have the right to seek equitable relief in court for any violation of this Agreement or the Company’s intellectual property rights (including, without limitation, copyright, trademark, trade dress, trade secrets, and patents). You have the right to opt out of this requirement to arbitrate by providing written notice to support@chaparralmt.com within 30 days of acceptance of the Mobile Application End User License.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Force Majeure. The Company shall not be liable for and delay or failure to perform resulting from causes outside its reasonable control, including without limitation, war, weather, pandemics, or acts of civilian or military authorities.
Survival. All terms of this Agreement which, by their nature should survive termination of this Agreement, will survive termination of this Agreement, including without limitation, Sections 12, 23, 14 16, 17, and 18.
Entire Agreement. This Agreement, the Terms of Use, and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.