[These Supplemental Terms and Conditions are superseded by the Terms and Conditions dated May 25, 2018.]
Welcome to the Abvio Inc. applications Cyclemeter GPS, Runmeter GPS, and Walkmeter GPS (collectively the “Applications”).
AS FURTHER DETAILED HERIEN, YOUR USE OF THE APPLICATIONS IS ENTIRELY AT YOUR OWN RISK. ABVIO INC. HAS NO LIABILITY FOR PERSONAL INJURY OR BODILY HARM THAT MAY RESULT FROM YOUR USE OF ANY APPLICATION, AND THESE TERMS EXPRESSLY LIMIT OUR LIABILITY FOR ANY SUCH HARM. YOU SHOULD CONSULT A PHSYICIAN BEFORE USING THE APPLICATIONS. In addition, as explained in detail below, by accepting these terms you grant Abvio permission to use content submitted or obtained through your use of the Applications.
These supplemental terms and conditions (“Supplemental Terms”) between you and Abvio Inc. (“we,” “our,” “us,” or “Abvio” as used in these Terms) supplement and form a part of the Apple End User License Agreement presented for acceptance during your iTunes and App Store download and installation (“Apple EULA”). These Supplemental Terms and the Apple EULA (collectively, the “Terms”) govern your use of the Applications. By clicking to [“continue”] you use of the Applications, or by installing or executing any Application, you agree that these Terms apply to you. In the event of a conflict between the terms of the Apple EULA and these Supplemental Terms, the Supplemental Terms shall control. If you do not agree to these Terms, you are not licensed or permitted to use any Applications.
We reserve the right to change, modify, add or delete portions of these Terms at any time. If we do this, we will post the changes to these Terms in this location and will indicate the date of revisions at the bottom of the Supplemental Terms. Your continued use of an Application after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you are not authorized to use or access (or continue to use or access) any Application.
In addition to the rights granted by the Apple EULA, you give Abvio permission to use any content submitted by you to an Application or generated through your use of an Application (“User Content”) for the following purposes and any purpose reasonably related thereto, as determined by Abvio in its sole discretion: (1) to administer, maintain, update, improve, test, access and use the Applications; (2) as may be necessary to obtain the assistance of third parties to administer, maintain, update, improve, test, access and use the Applications; (3) as may be necessary to effect any business transition of Abvio, whether of corporate status, management or otherwise; and (4) to comply with any applicable law or governmental request. In addition, you give Abvio permission to transmit User Content to third parties in connection with the administration, maintenance, updating, improvement, testing, accessing and use of any Applications.
You expressly acknowledge and agree that the Applications may collect and process personal information about you, whether obtained through an Application or a third party, including without limitation information about your exercise habits, eating habits, past and present physical location, personal contacts (when you input the same), and identifying information about you.
Abvio does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content.
The Applications are designed to help you plan, execute and track your workouts, and may be used in conjunction with certain biofeedback devices (e.g., heart rate monitors) to provide information about your body’s response to your workouts. ABVIO WILL NOT ATTEMPT TO LIMIT, AND DOES NOT LIMIT, WHAT ACTIVITIES A USER OF ANY APPLICATION CAN ENGAGE IN ANY WAY. YOU SHOULD CONSULT A PHYSICIAN BEFORE USING ANY EXERCISE TOOLS (INCLUDING WITHOUT LIMITATION ANY APPLICATIONS) TO ENSURE THAT SUCH USE DOES NOT CONSTITUTE A DANGER TO YOUR HEALTH. YOUR USE OF THE APPLICATIONS IS ENTIRELY AT YOUR OWN RISK. IN ADDITION TO THE LIMITATIONS OF LIABILITY CONTAINED IN THE APPLE EULA, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ABVIO HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PERSONAL INJURY OR BODILY HARM THAT YOU SUSTAIN AS A RESULT OF YOUR USE OF THE APPLICATIONS.
Governing Law; Venue and Jurisdiction
The laws of the State of California will govern these Terms and any dispute that might arise between you and Abvio. You agree that any claim or dispute you may have against Abvio shall be resolved by a federal or state court located in San Francisco, California. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such courts.
These Terms constitute the entire agreement between you and Abvio regarding the use of the Applications and supersede any prior agreements between you and Abvio relating to your use of the Applications. The failure of Abvio to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions.