Mobile Health Club Terms of Service
[Last Updated: December 3, 2017]
These terms of service (“Terms of Service”) are a legally binding agreement between Big Star Labs LP ("Company", “we” or “us”) and you (“user" or "you"), governing the use, access and download of the Company’s 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).
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 to 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 your use of the App, we will endeavor to provide you with notifications through the App or by email, if applicable.
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”):
- 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 task manager functionality that cleans and speeds-up your device.
- Battery Saver: A battery saver application.
- Clean Droid Deep Cache Cleaner: Provides all necessary optimization features for your mobile device, including trash cleaners, app manager, network rescan tool, and game booster.
- App Lock, Privacy Protector: Enables you to enhance your privacy by providing you with multilock functionality which enables you to lock various apps.
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 App and 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 App or Services.
The App and Services are protected by international and/or local copyright and intellectual property laws that apply to the App and Services as well as certain related intellectual property licensed to the Company by its licensors, vendors, partners or affiliates or other third parties. Such materials may contain or include software, design, text, images, information, logos, photographs, illustrations, audio and video material, sounds, artwork, graphic material, databases, proprietary information and other 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 related thereto (individually or collectively, “Protected Content”). Except as permitted by us herein and without derogating from the generality of 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, or disassemble the App or Services; (iv) remove, deface, obscure, or alter the App or Services, 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 Services; 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 Services, at any time, without prior notice. In no event will the Company be liable for the suspension, removal, or restriction or disabling of your access to the App or Services or to any feature available therein.
DISCLAIMER OF WARRANTIES
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 THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless the Company and its affiliates, and its and their respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from (i) your installation 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 Services; and (iii) your breach of these Terms or any applicable law and regulation.
SUPPORT, UPDATES AND UPGRADES
The 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 will 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 endeavor to notify you. These updates shall be controlled by your device settings.
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.
For any dispute you have with us, you agree to first contact us (firstname.lastname@example.org) and attempt to resolve the dispute with us informally. If we are 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, any dispute or controversy arising out of or in connection with or relating to these Terms, exclusively by binding 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. 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, 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. You agree to resolve any dispute relating to the arbitration provisions of these Terms exclusively in a state or federal court located in New York, New York and to submit to the personal jurisdiction of the courts located in New York, New York 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 incident giving rise to the claim, and will be permanently barred afterwards.
These Terms constitute the entire understanding between the parties with respect to the use of the App or Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed or revised only to the extent necessary to make it enforceable and such revision 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 and any right granted herein may not be assigned by you without the prior written consent of the Company.
Email: If you have any questions or concerns regarding these Terms, please contact us at: email@example.com.