LICENSE AGREEMENT
muv-N® Services and Apps
http://muv-n.com
Updated on the 2nd of May of 2018
A. DEFINITIONS
1. muv-N® is the name of the mobile devices apps, of the website at http://muv-n.com and of the various services under the same brand name. muv-N® is a registered brand and it’s the propriety of the Producer.
2. muv-N® ARTIFACTS are the following three artifacts, simultaneously:
i. the muv-N® mobile devices apps;
ii. the website at http://muv-n.com;
iii. the services under the muv-N® brand name.
2. The PRODUCER, represented by Hildegardo José Quintal Noronha, with the headquarters on Startup Madeira – CW 021, Campus da Penteada, 9020-105 Funchal – Madeira – Portugal, is who:
i. develops and maintains the muv-N® mobile devices apps;
ii. develops and maintains the website at http://muv-n.com;
iii. provides the services under the muv-N® brand name.
3. The USER is the person that uses one or more of the muv-N® Artifacts provided by the producer.
B. LICENSE
1. The installation and/of usage of the muv-N® artifacts implies the acceptance of this License Agreement and of the Privacy Policies fully and without any reserves.
2. The License Agreement and the Privacy Policies can be accessed:
i. In the muv-N® apps on the second screen (just after the “splash screen” – which may be preceded by an “information screen” on the first run) on the first run or whenever a change to theses docs was made;
ii. In the muv-N® apps on the lower part of the Configurations Screen;
iii. On the muv-N® website (http://www.muv-N.com).
3. This License Agreement is made between the Producer and the User and is non-transferable.
4. The User can only install the app(s) on any self-owned devices and only through the Google’s Play Store and/or the Apple’s App Store. Any other source is strictly forbidden.
5. The User can never copy, make or transfer a backup of any muv-N® Artifact, in full or in part, unless it’s for own usage and with the purpose to which they were built.
6. The User never owns any rights over any muv-N® Artifacts except for the user of own usage and with the purpose for what they were built.
7. The User can never explore any of the muv-N® Artifacts for profit, commercially or not, and legal or not.
8. The User can never use any of the muv-N® Artifacts for any purpose for which they were not built.
C. CHANGES TO THE LICENSE AGREEMENT AND TO THE PRIVACY POLICY
1. The Producer reserves the right to change, at any time, unilaterally, and without any warning, this License Agreement and the Privacy Policy.
2. At any time, unilaterally, and without any warning, the Producer can change or remove from production the muv-N® apps and/or any other muv-N® Artifact and/or Service. In no instance is the User owed any kind of indemnity or compensation.
3. If the User does not agree with the new License Agreement and or the new Privacy Policy, the User should terminate the License Agreement following the Article E. License Agreement Termination of this License Agreement.
D. INTERPRETATIONS ISSUES
1. This License Agreement and the Privacy Policy are written in several languages.
2. The lack of understanding or weak understanding of any or of all the languages and/or the terms used by the User or any of the User’s legal representatives does not grant the User the right of breach of the License Agreement.
3. In case of any conflict, incompatibility and/or incoherence between any two languages, the Portuguese License Agreement and Privacy Policy takes precedence.
4. The non-reading, misreading or misinterpretation of this License Agreement or of the Privacy Policy does not grant the User inimputability neither the possibility of breach of the License Agreement.
E. LICENSE AGREEMENT TERMINATION
1. At any time, the User can Terminate the License Agreement. If done, the User must uninstall/delete all and any copies of the muv-N®, cancel any pending muv-N® subscriptions and stop using all of muv-N® services.
2. This License Agreement can also be terminated, unilaterally, and at any time, by the Producer. The user must then uninstall/delete all and any copies of the muv-N®, cancel any pending muv-N® subscriptions and stop using all of muv-N® services.
3. After a termination by the User, the usage of any muv-N® Artifact by the User is forbidden unless the User accepts the License Agreement and the Privacy Policy fully and without any reserves.
4. After a termination by the Producer, the usage of any muv-N® Artifact by the User is forbidden unless the Producer authorizes the User to start using the muv-N® Artifacts again and the User accepts the License Agreement and the Privacy Policy fully and without any reserves.
5. The termination of this License Agreement does not invalidate any contract breech that has happened before the termination or any proceeding in court, or equivalent, unless an agreement between the User and the Producer is reached. The termination only means that the User can no longer user any muv-N® Artifact.
6. The Producer does not owe any indemnity or compensation to the User in case of a termination.
7. If the User wishes to exercise the right to be forgotten, the User should follow the relevant information in the article J. Personal Data.
F. UNDERAGE AND NOT LEGALLY RESPONSIBLE PERSONS
1. The muv-N® Artifacts can only be used by persons of legal age and completely responsible for themselves.
2. The utilization of muv-N® Artifacts by underage persons or persons that are not legally responsible is strictly forbidden and the full responsibility falls on their legal guardian and/or the person that is legally responsible for them.
3. In no case the Producer can be held accountable, legally, criminally, civilly, socially or in any other way, by any problem that arises due to the usage of muv-N® Artifacts by underage persons or persons that are not legally responsible.
G. RESPONSABILITIES
1. The muv-N® apps track the User, when in athlete mode, and share, publicly, several personal, of geolocation and other relevant information’s for the race or training. The User is fully aware that of this share of information and is fully responsible for any consequence that arise from the sharing, intentional or not, of this information, be the information correct or not.
2. The Producer shall never be made responsible by any consequences that arise from the previous point.
3. The muv-N® apps use location technologies that may not be reliable. Despite the fact that the Producer tries to ensure that the location data is the most reliable possible, this is not always possible. As such, the Producer shall not be held accountable by any incorrect data, be it geolocation data or any other data.
4. The muv-N® Artifacts transmit data through data connections. The User is aware of this and any fee related with muv-N® Artifacts are completely responsibility of the User.
5. The muv-N® Artifacts use resources from the device where they are running, sometimes, intensely. It the User’s sole responsibility for its management and for the payment of any associated fee.
H. NON-INSTALLING USERS
1. It is the User’s, the device’s owner and/or the persons that installed any muv-N® Artifacts, responsibility to inform any Non-Installing User that uses these artifacts in the said device that the Non-Installing User must agree, completely and without reserves, with this License Agreement and the Privacy Policy before the Non-Installing User can legally use the any muv-N® Artifacts.
2. The failure of the User to forward this information does not relieve the Non-Installing User from any responsibility nor does it grant the Non-Installing User any rights not available under this License Agreement.
I. ALTERNATIVE USES
1. The muv-N® Artifacts can only be used for the purpose for which they have been designed: the tracking, sharing and visualization of information about athletes practicing or that have practiced sports identified as trackable on the app. The muv-N® Artifacts can also be used to view information about tracks and future or past races. Any other use is strictly forbidden.
2. The usage of muv-N® Artifacts to track someone without the consent of the tracked person, directly or indirectly, is strictly forbidden and the full responsibility falls on the persons that started, forced or induced the tracking.
3. The usage of muv-N® Artifacts to track propriety without the consent of the owner, directly or indirectly, is strictly forbidden and the full responsibility falls on the persons that started, forced or induced the tracking.
4. The usage of muv-N® Artifacts for illegal and/or immoral and/or social reprovable purposes is strictly forbidden and the full responsibility falls on the persons that started, forced or induced the tracking.
J. PERSONAL DATA
1. The muv-N® apps transmit personal and precise location data User through the data connection that the user makes available. It is the User’s sole responsibility to ensure that this connection is safe. The Producer can never be held accountable for the theft of information.
2. The muv-N® apps save personal data which is protected by technologies and standards that are common on the industry. The Producer can never be held accountable for the theft of information.
3. If the User does not want to risk any loss or theft of data, the user should limit the shared data. If the data that the User wants to limit is required for the usage of the muv-N® apps, the User should not use it. If the User still decides to continue, the User is fully aware and assumes full responsibility for the data that the User shares.
4. If the User wishes to exercise the right to be forgotten, the User should express the will through any of the contacts in the article V. CONTACTS of this License Agreement.
5. The transactions and payments data can never be deleted in order to protect the Producer legally. Some anonymized data can not be deleted due to it being integrated into a complex system.
6. In order to protect against account and identity theft, the Producer will proceed in the following manner before erasing the User’s data:
i. The intention must be confirmed through the email address that the User has associated with the account.
ii. If the User does not confirm the identity and intention, the deletion of the User’s data will be suspended.
iii. In order to allow the User to recover from a stolen account or identity, no data will be deleted in a period inferior to 15 days.
iv. In the eventuality of an account and identity theft, and if the User recovers the email address associated with the muv-N® account before the User’s data is deleted, the user should contact the Producer immediately in order to suspend the deletion of the data.
v. Once the data is deleted, it can not be recovered. Because of this and since the Producer considers that all the needed safeguards to the protection of the User’s data are in place, if the User’s data is deleted, the User is the only and complete responsible for it.
K. WARANTIES
1. The muv-N® Artifacts do not have any associated warranty and its use and any possible consequences are of the sole responsibility of the User.
2. The Producer can not be made held accountable for any damage, be it, but not limited to, material, personal, death, moral, of performance, direct or indirect, that can arise from the usage of muv-N® Artifacts.
3. The User is fully aware that the muv-N® Artifacts will share the location of the User publicly and that a third-party can use that information for illegal and/or immoral and/or social reprovable purposes. If this happens, the User can not hold the Producer accountable legally or in any other way.
4. The tracking information is based on the location service based on GPS and others similar and, in a limited way, telecommunications antennas. These technologies are, inherently, imprecise. This information can also be intercepted and changed by a third-party through the usage of illicit means. Due to the previous reasons:
i. This information should only be used for informative and ludic purposes and should never be used for serious purposes such as, but not limited to, arbitration.
ii. This information can be used as a support to help in the support and/or rescue of the athlete but, in no case, can the Producer be held accountable for any imprecise or false information.
L. PROPRIETY
1. The muv-N® Artifacts are the sole propriety of the Producer.
2. The User never owns any muv-N® Artifact. The User is granted a limited and temporary right to use the base muv-N® Artifacts or those that the User may have paid for.
M. COPIES AND CHANGES
1. It is strictly forbidden to copy, even for backup, any muv-N® Artifact.
2. It is strictly forbidden to copy, even for backup, any muv-N® Artifact.
3. It is strictly forbidden to bypass or try to bypass any security system, User and Athlete identification system, encryption system or any other system from any muv-N® Artifact.
4. It is strictly forbidden to get access or try to get access, through illicit methods, to any service, paid or otherwise, of any muv-N® Artifact.
N. SUBSCRIPTIONS
1. The User can subscribe to certain services that the Producer offers in order to enjoy some benefits corresponding to the subscribed service.
2. The User can subscribe to certain services that the Producer offers in order to enjoy some benefits corresponding to the subscribed service.
3. The User can subscribe to certain services that the Producer offers in order to enjoy some benefits corresponding to the subscribed service.
4. Any extra fee that is not charged by the Producer is of the sole responsibility of the User. The User accepts to never transfer any of these fees to the Producer. Those fees can be, but are not limited to, bank fees, payment fees, currency conversion fees, import taxes.
5. The subscription of services provided by the Producer only grants the User the right of enjoying the benefits that the User paid for. The User never owns any muv-N® Artifact.
6. When the payment method used to subscribe the services provided by the Producer is not owned by the User, the owner of the said payment method must be fully aware and willing to make the said payment.
7. If the owner of the payment method used to subscribe the services provided by the Producer requests a refund of the said payment, the producer reserves the right to:
i. Cancel all the services associated to the payment.
ii. To ban the User, temporarily or permanently, from using any muv-N® Artifact.
iii. To consider the payment as a debt that the User owes the Producer and to try to recover it, including, but not limited to, through the filing of a civil case.
8. It is strictly forbidden the usage of any payment methods that are not completely legal to subscribe services provided by the Producer.
9. When a fraud in the payment of a service provided by the Producer is detected, the Producer reserves the right to:
i. Cancel all the subscriptions associated to the account associated to the fraudulent payment.
ii. To file a civil case related to the fraudulent payment and support a criminal case, if it exists.
iii. To permanently ban the User from using any muv-N® Artifact.
O. CANCELATIONS AND REFUNDS
1. Concerning the Android devices:
i. The Producer uses the Google Play Store to manage the payments and the subscription. The Google Play Store has its own terms and deadlines regarding cancelations and refunds over which the Producer has no control.
ii. Since the Producer finds the Google Play Store’s terms and deadlines reasonable, for all situations, except rare exceptions, the Producer does not allow any refunds behind those allowed by the Google Play Store.
iii. The Producer allows the cancelation of the subscription at any time. To do that, the User should cancel the subscription in the screen My Apps on the app Google Play Store. Unfortunately, Google does not yet support direct canceling of subscription inside the apps so the muv-N® app can not support that functionality. To know more, please consult, Subscription Cancellation in https://developer.android.com/google/play/billing/billing_subscriptions.html#cancellation (website under the sole responsibility of Google).
iv. The cancelation of the subscription means that, at the end of the current paid period, during which the User will continue to enjoy all the paid benefits, there will be no subscription renewal. The cancelation of the subscription does not grant the User any refund.
v. Any refund that is approved by Google shall be done through the Google Play Store and under Google’s terms.
vi. Any refund that lies outside of Google’s terms and that is approved by the Producer shall be done through Google Play Store and under the Producer’s terms.
vii. The refunds may be subject to the payment of processing fees to third-parties. If those fees need to be paid by the Producer, the Producer reserves the right to subtract the necessary value from the refund and/or to charge the User for all the necessary extra fees and payments.
viii. The refunds are limited to the amount paid by the User and not to the current value of the relevant service.
2. Concerning the iOS devices:
i. The iOS devices still do not support subscriptions so this article does not apply.
P. PRIVACY
1. The User accepts the terms of the Privacy Policy of the muv-N® Artifacts fully and without any reserves.
2. The User is fully aware that all the tracked information is public, shared and easily accessed.
3. The User is fully aware that even the information that is private can be shared due to software bugs or due to information leaks resulting from illicit actions taken by third-parties and completely outside of the Producer control.
4. Since the User is completely aware of the risks of using any muv-N® Artifact, the User assumes all the responsibility for any shared data, directly or indirectly, intentionally or not, and can not held the Producer accountable for any information leak.
Q. SERVICE OUTAGE
1. The Producer does not guarantee any up time. The service can fail at any time for reasons attributed to the Producer and/or third-parties and for an undetermined period of time.
2. The User can not sue the Producer or look for any kind of compensation due to service outages. Still, if the outage is imputable to the Producer and not to third-parties, and if the User feels that the service’s up time is below the User’s expectative, the user can ask for one and only one of the following:
i. The extension of the affected paid subscription, when existent, for a period of time equivalent to the time that the service was down, applicable for outages longer than of 24 consecutive hours.
ii. The refund of the affected paid subscription, when existent, for a period of time equivalent to the time that the service was down, applicable for outages longer than 7 consecutive days, or applicable for non-consecutive outages of above 50% of the time longer than 14 days on a calendar month.
3. The User can only ask for extensions or refund of valid and paid subscriptions that are not being contested.
4. The User can not ask for extensions or refund of subscriptions, partially or totally, if the service outage can not be imputed to the Producer. The causes can be, but are not limited to, issues with the data connection coverage, issues with the reception of the geolocation/GPS service, low battery, issues with the User’s device (software and/or hardware), conflicts and/or incompatibilities with other installed apps.
5. The User is the sole responsible for confirming that the muv-N® Artifacts work correctly on the User’s device and in the area where it will be used before subscribing to any service. Also, and since the subscriptions are made inside the muv-N® app, the User can not argue a service outage due to the fact that the muv-N® app does not work correctly.
R. PAYMENTS TO THIRD-PARTIES
1. The User is the sole responsible for all the payments owed to third parties, such as, but not limited to, communications, energy, services, products or any other resource necessary for the correct functioning of the muv-N® Artifacts in the User’s device, even if the User feels that the muv-N® Artifacts use too much of those resources.
2. If the User feels that the muv-N® Artifacts use too much resources, the User should terminate the License Agreement, following, all the necessary articles and points.
S. DATA QUALITY
1. The data can be:
i. Extracted from the hardware, which has a certain degree of inaccuracy.
ii. Derived from the data that was extracted from the hardware, which increases the inaccuracy.
iii. Provided by the Users, which depends, directly, on the accuracy and veracity that the User wants to provide.
2. The data extracted from the hardware is, sometimes, processed in order to improve the accuracy. Unfortunately, it is not possible to always increase the accuracy and the data can even end up with a worse accuracy after processing.
3. The derived data is, usually, of low accuracy.
4. The data provided by the Users is as precise and true as the Users want it to be and the Producer has no control over it.
5. All the provided data should be interpreted with extreme caution and interpreted as a simple approximation of the reality.
6. Some data depends on more variables than the muv-N® Artifacts have access to and, as such, may be far from the reality. As such, the previously referred data should be interpreted as a simple approximation of the reality. An example of this type of data is the necessary hydration. This data also strongly depends on the room temperature and humidity, which the muv-N® Artifacts have no access to. But it also depends on other data, such as the hydration state of the Athlete before the race/training and health conditions that the Athlete could have.
7. The User shall not:
i. Use the data for serious purposes, such as, but not limited to, arbitration, athlete finishing place decisions, off-track athletes decisions.
ii. Accept the data as final truths, especially if the health, well-being or even the life of someone depends on the data. Some data are extremely inaccurate, even those based on scientific studies. An example, between several, is the energy spent during the race/training as well as the required hydration.
iii. Held the Producer accountable legally, or in any other way, for incorrect or low accuracy data or for any consequences, direct or indirect, that could arise from the usage of the data.
T. HELP REQUESTS
1. The Help Requests is a service that the Producer provides, in the muv-N® apps, the enables the Athletes Users, in certain situations, to ask for help to the Event Organization.
2. The Help Requests can also work, in certain situations, for trainings but the Help Request are directed to another User of the muv-N® apps.
3. The Help Request service transmits, to the receiver, the information that the User makes available and that the service automatically gathers. Under no circumstance will the Producer provide any help.
4. The User should ALWAYS use alternative methods for requesting help. The Help Request service provided by the Producer should be used as a support to reduce response time and increase precision in any required rescue due to the increased, centralized, and real-time information provided by it.
5. If the rescue services are necessary, the User should ALWAYS contact the local rescue services directly. The User can make the rescue services aware that the User made an Help Request on the muv-N® app and that they can use it to get information that can help in the rescue.
6. The User is fully aware that the Help Requests service is a courtesy service provided by the Producer with the intention to increase the safety of the Athletes using the muv-N® apps but the User is also fully aware that the Producer is not, and is not affiliated with, any rescue or governmental institution and has no infrastructure that can be or should be trusted for rescues or even to forward the Help Requests to those or any other relevant institutions. The User is also fully aware that the Producer can not, in under any circumstances, be held accountable for any Help Request that is not delivered or that is delivered with erroneous information.
7. The User is fully aware that the Help Requests are processed automatically and that technical difficulties can arise that will force the Help Request not to be delivered. The main technical difficulty that the User can expect, and should be aware of and act on it, is connection issues. But many more issues can arise that will limit or make it impossible to deliver a Help Request. The Producer insists that the User should ALWAYS use alternative methods for requesting help.
8. The User is fully aware that the Help Requests are processed automatically and that no person at muv-N® will see or process it. The User is also fully aware that the Producer has no way to determine if the recipient of the Help Request has responded to it or if the recipient has even received or seen the Help Request. The Producer insists that the User should ALWAYS use alternative methods for requesting help.
9. When the User makes a Help Request during a race, the User is fully aware that the Help Request will be forwarded to the Event Organization and to the Event Organization only. The Event Organization is the only entity that can decide and/or act on such a request. Even if the Event Organization receives the Help Request, the responsibility to act on it is up to the Event Regulation and the local laws. Even then, the Event Organization may not act on the Help Request. The Producer insists that the User should ALWAYS use alternative methods for requesting help.
10. This service automatically gathers information of the User’s device that are considered relevant and important to the Help Request. The service also gathers all the information that the User manually inputs on the Help Request screen.
i. Concerning the Help Request placed under an Organized Race: Part of the information are publicly available, some are reserved to those that have the Help Request’s “authentication token” and the personal information are reserved to the Event Organization. The User should be fully aware of this and fully accepts the risk and the responsibility when using the service. For more information on what data is gathered and for what purpose the data is gathered, please read the Privacy Policy document.
ii. Concerning the Help Request placed under a Training: All the information gathered is available to the User that receives the Help Request. Other than User that placed the Help Request and the User that received the Help Request, no one should be able to access the information.
11. The Help Request service can be suspended at any time with no previous warning so the User should never be dependent on it.
12. The Help Request service offers no warranty whatsoever, implicit or explicit, and its usage is the User’s sole responsibility.
13. The Producer provides this service in an act of good will for the increased safety of the Users. The User is fully aware that the system can fail or work incorrectly. The User can never held the Producer accountable for any consequence or damage that can arise from the usage of this service, be it, but not limited to, material, personal, health related, death, of performance, be it direct or indirect.
U. CONFLICTS AND DISPUTES
1. Any problem, conflict or dispute between the User and the Producer shall, in the first instance, be resolved amicably through direct contact between the User and the Producer.
2. If the situation can not be resolved amicably and, if justifiable, the User or the Producer can elevate the situation to the courts.
3. If the User or the Producer decides to take the situation to the courts, the user should use the relevant courts in the geographical area of the Producer and never to a court outside of the Madeira Island, Portugal, unless allowed by law.
4. All the legal process, court, and lawyer fees, be it direct or indirect, are the sole responsibility of the User unless dictated by a valid court sentence.
V. CONTACTS
1. The Producer can be contacted in the follow ways:
i. By email, started by filling in the form at http://muv-n.com/index.php/contactar. After this initial contact, the following contacts will be made, directly, by email.
ii. By postal mail sent to:
Startup Madeira - CW 021
Campus da Penteada
9020-105 Funchal - Madeira
2. The User accepts to be contacted, if necessary, through the email address of the account used in the installation of the muv-N® app.
3. Any email sent to the email address of the account used in the installation of the muv-N® app is taken as received by the User for all legal purposes.
4. In case of litigation, the User accepts to give the Producer a valid Postal address for legal contacts.