Mobile Health Club Terms of Service

[Last Updated: March 23, 2017]

 

These terms of service (“Terms of Service”) are a legally binding agreement between us ("Company" or “we”) and you (“user" or "you"), governing the use, access or download of the Company’s various proprietary mobile health applications (“App(s)”), owned and operated solely by the Company. Please read these Terms of Service carefully before installing or downloading the App or using the Services (as defined below).

 

BY ACCESSING OR DOWNLOADING THE APP AND USING THE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY INCORPORATED HEREIN (COLLECTIVELY THE “TERMS”) AND AGREE TO BE BOUND BY AND TO FULLY COMPLY WITH THE TERMS. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE APP OR SERVICES AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND US WHICH FURTHER ENFORCES CLASS ACTION WAIVER AND ARBITRATION PROVISION AS DETAILED BELOW IN THE DISPUTE RESOLUTION SECTION. IF YOU DO NOT AGREE TO THE TERMS YOU MAY CEASE USING THE SERVICES OR UNINSTALL THE APP AND YOU MAY NOT DOWNLOAD, COPY, ACCESS OR INSTALL THE APP OR ANY PART THEREOF, AND MAY NOT USE THE SERVICES IN ANY MANNER WHATSOEVER. YOU HEREBY REPRESENT AND WARRANT THAT: (I) YOU HAVE FULL POWER AND AUTHORITY TO ENTER AND COMPLY WITH THESE TERMS; AND (II) YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND OF LEGAL COMPETENCE TO ENTER INTO THESE TERMS. IF YOU ARE UNDER 18, PLEASE BE SURE TO READ THE TERMS WITH YOUR PARENTS OR LEGAL GUARDIANS.

 

AMENDMENTS

We reserve the right to periodically amend or revise these Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the "Last Updated" heading. Your continued use of the App or Services constitutes your acknowledgement and consent of such amendments and your agreement to be bound by the revised terms as may be applicable. In the event of a material change that will affect you use or experience of the App in which we will make best efforts to provide you with notifications through the App or by email, if applicable.

 

SERVICES

The Company’s brand, known as the “Mobile Health Club”, provides various apps that clean, boost and repair your mobile device, all as detailed below (collectively, “Services”):

 
  • The Speed Booster & Memory Cleaner App: provides a one-tap optimizer and automatic booster for your device which saves your battery, in addition the app includes a task manager functionality that cleans and speeds-up your device.
 
  • The Battery Saver: battery saver application.
 
  • The Clean Droid Deep Cache Cleaner: provides all necessary optimization features for your mobile device, including trash cleaners, app manager, network rescan tool, game booster, etc.
 
  • The App Lock, Privacy Protector: enables you to secure your privacy by providing you with multi-lock functionality which enables you to lock various apps.  
 

LICENSE

Subject to your acceptance of and full compliance with these Terms, we hereby grant you a limited, personal, non-transferable, non-sublicensable, non-exclusive license to download and install the App and use the Services on your device solely for your own personal, non-commercial use. The Services may not be used for any other purpose without Company’s prior written consent. You may not download the App or use the Services if you are not the owner or approved administrator of the device on which you activated or accessed the Services.

 

The App and Services are protected by international copyright laws or any other intellectual property laws that are licensed to the Company, its licensors, vendors, partners or affiliates or other third parties. Such materials may contain software, design, text, images, information, logos, photographs, illustrations, audio and video material, sounds, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the services, including, without limitation the 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually or collectively, “Protected Content”). Except as permitted by us herein and without derogating from the generality of the described under these Terms, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any of the Protected Content, including, but not limited to any derivative work based on the Protected Content.

 

RESTRICTIONS OF USE AND USERS’ WARRANTIES

You shall not: (i) permit any third party to use the Services; (ii) circumvent, disable or otherwise interfere with security-related features of the App or Services; (iii) modify, create a derivative work of, reverse engineer, disassemble the App or Services; (iv) remove, deface, obscure, or alter the App or Service, or any third party's copyright, trademarks, or other proprietary rights; (v) use the App or Services for benchmarking purposes or to develop any software, application, product or service that is the same as, substantially similar to, or competitive with the App or Services; (vi) use the App or Services to promote, conduct, or contribute to fraudulent, obscene, illegal or otherwise inappropriate activities, including without limitation, deceptive impersonation in connection with contests, pyramid schemes, surveys, spamming or any duplicative or unsolicited messages; (vii) use any robot, spider, other automated device or any toolbar, web-bar, other web-client, device, software, routine or manual process to monitor or scrape information from the App or Service; or (viii) otherwise use the App or Services in any unlawful manner or in breach of these Terms.

 

We reserve the right, at our sole discretion, to limit, deny or remove some or all of the functionality of the Services , or your access to the Service, at any time, without prior notice. In no event, will the Company be liable for the suspension, removal, and restriction or disabling of your access to the App or Services or to any feature available therein.

 

PRIVACY

Our Privacy Policy describes how we access, use, store and share your information when you install the App or use the Service, and is incorporated in these Terms by reference. By accessing and downloading the App or using the Services, you agree to be bound by our Privacy Policy. By default, push notifications will be sent to you, to inform you of any Service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off at the device level.

 

DISCLAIMER OF WARRANTIES

THE SERVICES AND APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  COMPANY DOES NOT WARRANT THAT THE SERVICES OR APP WILL OPERATE ERROR-FREE, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT THE COMPANY WILL CORRECT ANY ERRORS IN THE SERVICES OR APP. YOU AGREE THAT COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR YOUR USE OF OR RELIANCE ON THE APP OR SERVICE, ALL OF WHICH YOU DO AT YOUR SOLE RISK AFTER HAVING REVIEWED THE RELATED TERMS AND CONDITIONS GOVERNING YOUR USE OF THE APP OR SERVICE. EXCEPT AS EXPRESSLY STATED HEREIN AND IN OUR PRIVACY POLICY, THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE APP OR SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.

 

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE APP OR SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICES IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND COMPANY, AND THAT COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your install and use of the App and Services in the event the use is not in compliance with these Terms; (ii) abusing or infringing third party rights through the Service; and (iii) your breach of these Terms or any applicable law and regulation.

 

SUPPORT, UPDATES AND UPGRADES

Company reserve the right to add additional features to the App and Services or to provide updates, upgrades or programming fixes; we shall have no obligation to provide support or maintenance for the Services under these Terms nor we have any obligation to make available to you any subsequent versions of the Services. In order to enhance and further develop the App or Services we may automatically download and install updates and upgrades from time to time. You hereby agree to receive such updates and upgrades as part of your use of the Services. In the event, we believe that such updates or upgrades shall materially affect your use of the Services, we will make best efforts to notify you. These updates shall be controlled by your device settings.

 

TERMINATION

You can terminate these Terms and the use of the App and Services at any time. If you wish to terminate your use of the App or Service, you may do so by uninstalling the App from your device. We may terminate your access to all or any part of the App or Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the App and Services.

 

DISPUTE RESOLUTION

For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, Manhattan, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the services is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.

 

MISCELLANEOUS

These Terms, constitutes the entire understanding between the parties with respect to the use of the App or Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms of Service and any right granted herein may not be assigned by you without the prior written consent of the Company.

 

CONTACT US

Email: If you have any questions or concerns regarding these Terms, please contact us at: contact@mobilehealth.club.