Last Modified: 15 Jul 2021
Please read these terms of use (“terms”) carefully before using Exercise Timer. By accessing, browsing and/or using these service, you acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in these terms of use and the applicable guidelines set forth on the websites for any mobile apps you download. If you do not agree to the terms of use and the applicable guidelines, then you are obliged to cease using the services immediately. If you are entering into this terms of use on behalf of a legal entity, you acknowledge and declare that you have the legal authority to bind the legal entity.
Introduction
These Terms and Conditions contained herein on this webpage, shall govern your use of Exercise Timer, including all pages within this website and the Exercise Timer App (collectively referred to herein below as the “Service”). These Terms apply in full force and effect to your use of Exercise Timer and by using the Service, you expressly fully accept all terms and conditions contained herein. You must not use the Exercise Timer App or any of the Service, if you have any objection to any of these Terms and Conditions. By using this service, you agree that you are of at least 18 years of age, or using this site under a parent or guardian’s supervision, and are legally capable of entering into a contract.
NEURONDIGITAL LTD, a company incorporated under the laws of Malta on the 14th May 2021, having official number C99146, and its official address at 8, Maranatha, Triq tal-Fieres, Kirkop, Malta (hereinafter referred to as "Exercise Timer" or "we") operates the Exercise Timer application currently available on Google Play & Apple App Store.
Your Health
Use of the Exercise Timer App or our Service is at your own Risk.
Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. Exercise Timer neither substitutes your doctor, nor is Exercise Timer responsible for your behavior. The contents of the Exercise Timer Service, regardless whether they are provided by Exercise Timer, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By using the Service, you confirm that you are solely responsible for your health and for any decisions you may take which may directly or indirectly affect your health or your athletic performance. Exercise Timer application may in no way be held liable for any alleged civil or criminal action relative to your health or lack thereof.
Our female users should note that pregnant women and breast-feeding mothers should not do or make use of training plans, workouts and nutrition offered by Exercise Timer application.
Neither Exercise Timer nor any of its trainers, developers, employees or Affiliates will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended training plans or workouts or exercises. While we may provide guidelines such as written descriptions, pictures, animations, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with the necessary proper form, as risk of injury or illness increases with improper form. We encourage you to seek different sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.
PROPRIETARY RIGHTS
All contents of the Service including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement belong to Exercise Timer, and/or its suppliers, affiliates, or licensors. Exercise Timer or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to Exercise Timer about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to Exercise Timer.
Restrictions
You are expressly and emphatically restricted from all of the following:
- selling, sublicensing and/or otherwise commercializing any Exercise Timer material;
- using Exercise Timer in any way that is, or may be, damaging to Exercise Timer;
- using Exercise Timer in any way that impacts user access to Exercise Timer;
- using Exercise Timer contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to Exercise Timer, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Exercise Timer, or while using Exercise Timer;
- reverse engineer, decompile, decipher, translate, disassemble, or otherwise attempt to access source code of any Exercise Timer Technology;
- provide use of the Exercise Timer Technology on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Exercise Timer Technology or "frame" or "mirror" the Exercise Timer Technology on any other server, or wireless or Internet-based device;
- use any Exercise Timer Technology (including to create any Application) in any way that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of Exercise Timer or any third party;
- Avoiding payment of charges or fees payable by you with respect to the Services;
- Committing any act that may be harmful to minors;
- Violating any applicable law or regulation
- Collecting or storing any personal identifiable information from the Service of other users of the Service without their express prior consent.
THIRD PARTY SITES, LINKS & ADS
The Service may present advertisements for or links to third party websites, products, and/or services ("Third Party Ads"). We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither Exercise Timer, nor any of its officers, directors, developers, employees and affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.
Terms and Conditions for Premium Members
Certain Exercise Timer features require you to have a premium membership.
Subscription Requirement
In order to access certain functionality of the Services, you may be required to pay Premium membership fees. Exercise Timer reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Payment
Payment obligations are non-cancellable and fees paid are non-refundable. We reserve the right to suspend our Services to you until and amounts due are paid in full.
Automatic Renewal
When your Subscription period or your trial expires, your credit card will be charged automatically with the standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription. The standard subscription price can be viewed in the App.
Legacy Premium Membership
If you previously purchased a one-time, lifetime premium, you will be granted access only to the features you were promised at the time of purchase. To get access to all new Exercise Timer premium features you need to purchase the premium membership.
Refunds
You may terminate your subscription at any time and you will not be obliged to pay any additional fees for upcoming subscription renewal periods. However, any subscription fees you have paid in advance will not be refunded unless there have been 30 days or less since the payment. Payments made in the preceding 30 days or less from date of termination, shall be refundable.
YOUR ACCOUNT
In order to use certain features of the Service, you may have to register and create an account with Exercise Timer. By creating an account you claim that you are over 16 years of age and that you are legally authorized to enter into agreements according to applicable law.
You acknowledge and agree that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access or use the service, and that you will be solely responsible for all activities that occur under your account. In the event you become aware of any unauthorized use of your password or your account, you shall notify Exercise Timer immediately.
Exercise Timer reserves the right to suspend or terminate your account at any time and shall incur no liability for such suspension or termination.
By accessing the Service using your Facebook credentials, you permit us to access certain information from your profile on Facebook for use by the Service. You may be able to control the amount of information that is accessible to us by adjusting your account privacy settings on Facebook. By using the Service, you are authorizing us to collect, store, retain, and use indefinitely, in accordance with our Privacy Policy, any and all information that you permitted Facebook to provide to us.
NO WARRANTIES
The Service is provided “as is,” and “tale quale” with all qualities as shown and any faults or bugs which may, from time to time, arise and Exercise Timer makes no express or implied representations or warranties, of any kind related to Exercise Timer or the Data and materials contained on Exercise Timer. Additionally, nothing contained on Exercise Timer shall be construed as providing consult or advice to you. You expressly agree that Exercise Timer is not providing any medical advice via the Services provided.
The content provided through the services, including photos, text, images, illustrations, audio, graphics, video clips and other material, whether provided by Exercise Timer or other users is not intended to be and should not be used instead of advice of your physician or other medical professionals. You expressly agree that your workouts and training plans offered on the services carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntary assume all known and unknown risks associated with these activities even if caused in whole or part by action, inaction or negligence of Exercise Timer or by the action, inaction or negligence of others.
LIMITATION OF LIABILITY
In no event shall Exercise Timer, nor any of its officers, directors, developers and employees, be liable to you for anything arising out of or in any way connected with your use of Exercise Timer, whether such liability is under contract, tort, delict, or otherwise, and Exercise Timer, including its officers, directors, developers and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Exercise Timer Services. Should any mishap occur to you during your use of the Services provides by the Exercise Timer application, you are hereby waiving all your legal rights that may be used against Exercise Timer, or any of its officers, directors, developers and employees, and you hereby declare that, in line with the legal principle of “volenti non fit injuria”, you are solely responsible for any mishap which occurred or might have occurred to you during your use of the Exercise Timer Application Services.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Exercise Timer, its affiliates, officers, directors, employees, developers, agents, licensors and suppliers (the Exercise Timer Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Service, your conduct in connection with the Service or with other Service users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Exercise Timer Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Service.
MODIFICATION AND TERMINATION
Modification of ServicesExercise Timer reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that Exercise Timer shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
TerminationYou agree that Exercise Timer may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (a) removal of access to all offerings within the Services, (b) deletion of your information, files and Content associated with your account, and (c) barring of further use of the Services. Furthermore, you agree that all causes for termination shall be made in Exercise Timer's sole discretion and that Exercise Timer shall not be liable to you or any third party for any termination of your account or access to the Services. These Terms and Conditions shall still be binding upon you following the termination of your account.
VARIATION OF TERMS
Exercise Timer is permitted to revise these Terms at any time as it sees fit, without notice to you, and by using the Exercise Timer Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of Exercise Timer Service. Should you for any reason whatsoever fail to agree with any of the revised Terms, you may opt to unsubscribe from your account with Exercise Timer application. However, your continued account subscription and your use of the Services provided by the Exercise Timer application shall be construed as an express, clear and unequivocal acceptance of such revised Terms.
WAIVER AND COMPLETE AGREEMENT
The failure of Exercise Timer to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
ASSIGNMENT
Exercise Timer shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms to any other party.
GOVERNING LAW & JURISDICTION
These Terms are governed by, and construed in accordance with the laws of Malta and therefore, the applicable law for any dispute arising out of or relative to these Terms and Conditions shall be that of the Republic of Malta The parties agree that any dispute or claim arising out of or in connection with these Terms or its subject-matter, shall be subject to the exclusive jurisdiction of the Malta Arbitration Centre in accordance with the Arbitration Act (Cap. 387 of the Laws of Malta) and the arbitration rules of the Malta Arbitration Centre in force at the time of the dispute. Exercise Timer shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Service in the Courts of law of the country in which you reside.