MOBILE APP TERMS AND CONDITIONS
as of 5th May 2021
PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS CAREFULLY
AGREEMENT TO TERMS
These Terms and Conditions are between you (“you”) and BioSparrow, Inc., (“Squegg”, “us”, “we”) a Florida corporation with its registered office at 1114NW 131st Ave., Pembroke Pines, Florida 33028 concerning your access to and use of the mobile application SQUEGG and anything related, linked, or otherwise connected thereto. You agree that by accessing the App, you have read, understood, and agree to be bound by all of these Terms and Conditions Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND/OR MOBILE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Squegg, we, us, our when as used in this document all refer to The BioSparrow Inc.
App, as used in this document refers to the SQUEGG application, including its computer program and software, designed to run on a mobile device.
Agreement, as used in this document refers to these Terms and Conditions.
Device, as used in this document, refers to the ergonomic and durable smart hand dynamometer designed for grip training and hand therapy developed by us and is also known as the SQUEGG device.
Content includes but is not limited to text, graphics, images, photographs, videos, data, displays, illustrations, and other content associated with the App.
Service refers to the software embedded in the Device, the mobile applications, memberships, and other services.
Data includes but is not limited to questions, comments, suggestions, ideas, feedback, or other information regarding the App and other information received by the App through your use of the Device
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App to you.
You are required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
LICENSE TO USE
Subject to acceptance and compliance with these Terms, Squegg grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable license to download, display, and use the App, including Content for personal, non-commercial use in connection with the use of the Device.
The license granted to you does not include any right to (i) sell, resell, or commercially use the App or Content therein; (ii) copy, reproduce, distribute, publicly perform or publicly display the App or Content therein; (iii) modify the App or content, remove any proprietary rights, notices, or markings, or otherwise make any derivative uses of the App or Content therein; (iv) use any data mining, artificial intelligence, or similar data gathering or extraction methods on the App; and (v) use the App or Content therein for purposes other than those intended.
The App is protected by copyright laws of the United States, international treaties and conventions, and other laws and Squegg retains all right, title, and interest in and to the App, including all intellectual property rights associated with the App.
Except as expressly provided, you have no intellectual property rights in the App (including any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and Squegg reserves all rights not expressly granted to you.
APPLE AND ANDROID DEVICES
You agree to use the App in compliance with these Terms and all other applicable laws and regulations and only for purposes that we make the App available. You will not violate any law, contract, intellectual property, or other third-party or commit a tort, and you are solely responsible for your conduct while accessing or using the App. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. In connection with your use of the App and Services, you undertake to not commit any of the following:
– Impersonate another person by logging into an account which you are not authorized to access;
– Use or attempt to use another user’s account without authorization from such user and Squegg;
– Use the App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the use of the App and the Services, or that could damage disable, or impair the functionality of the App and the Services in any manner, including with respect to Squegg’s network or network security;
– Interfere or attempt to interfere with Service or any user, host, or network, including by way of introducing a virus, overloading, “flooding”, or crashing, or sending unsolicited e-mail, promotions, or advertisements;
– Reverse engineer, decompile, or disassemble any aspect of the App or do anything that might lead to discovery of the source code or bypass or circumvent measures employed to prevent or limit access to any part of the App; or
– Develop or use any third party applications that interact with the App or Services without our prior written consent, including any scripts designed to scrape or extract data from the App
– Retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
– Use a buying agent or purchasing agent to make purchases on the App;
– Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
– Make improper use of our support services or submit false reports of prohibited activities;
– Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise;
– Delete the copyright or other proprietary rights notice from any Content; and
– Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App;
This Agreement will continue to apply to you until terminated by either you or Squegg. However, you acknowledge and agree that the license granted to you in relation to the use of the App, including data, is irrevocable and will continue after expiry or termination of this Agreement.
Squegg may terminate the Agreement or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the App and/or Content found therein, or non-compliance with this Agreement. If you or Squegg terminate the Agreement, or Squegg suspends your access to the Service, you agree the Squegg shall have no liability or responsibility to you and the Squegg will not refund any amounts that you have already paid, to the fullest extent permitted under all applicable laws.
To learn how to terminate your account with Squegg, please contact us through the Customer Service contact details available on our website at www.mysquegg.com. This section will be enforced to the fullest extent permissible by all applicable laws.
You may terminate this agreement at any time. Termination will be completed within three working days from receipt of notice by the company of your intention to terminate. All user data will be retained up to three (3) years from the date of termination of this Agreement.
USER GENERATED CONTENT
You acknowledge and agree that any Data provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Data for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Data, and you hereby warrant that any such Data are original with you or that you have the right to submit such Data. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Data.
OWNERSHIP OF CONTENT
We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In accessing and using the App, you agree that you will access its contents and use the Services solely for your personal, non-commercial use. The App, including parts of it, may not be downloaded, copied, reproduced, transmitted, stores, sold, or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the App for personal, non-commercial home use only.
We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the App are covered by the Notification, a representative list of such works on the App; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the App as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
PURCHASE AND PAYMENT
Payment Methods. Squegg accepts a variety of payment methods, as reflected in the App. Before your purchase is approved, you may be required to provide a valid payment card number and associated information for a payment card that you are authorized to use, including any or all of the following: (i) your name as it appears on the card; (ii) the credit or debit card type; (iii) the card’s expiration date; (iv) any activation numbers or codes needed to charge your card; and (v) the billing address or zip or postal code associated with the card.
You authorize Squegg and our payment processor, or your in-app purchasing provider, as applicable, to use information you submit to charge your card or other payment method for the price you submitted, in addition to any taxes, fees, and charges as described in these Terms, (i) at our convenience, including as early as at the time the order is submitted; or (ii) for in-app submissions, after you have confirmed your payment. In the event the charge does not go through, you may be able to re-submit a payment method.
For automatically renewing subscriptions, we’ll charge your payment method before the renewal time unless you cancel the subscription or your card is declined.
You authorize us or our third party payment processor to store your payment card information and, if needed, to continue billing your card until you or us terminate such subscription.
MODIFICATION OF TERMS
We reserve the right, at our discretion, to change these Terms from time to time. Please check the Terms periodically for changes. We may also attempt to notify you by sending an email notification to the address associated with your account or by providing notice through the App. Your continued use of the Service after the changes become effective constitutes your binding acceptance of such changes. Unless otherwise stated in the notice sent to you, the amended Terms will take effect immediately. Should you not agree with the amended Terms, please stop accessing the App.
WARRANTY AND DISCLAIMER
YOU UNDERSTAND AND AGREE THAT THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOUR USE OF THE APP IS AT YOUR OWN RISK. TO THE FULLEST EXTENT APPLICABLE, SQUEGG MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
SQUEGG DOES NOT WARRANT THAT THIS SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE MAKE NO REPRESENTATION NOR WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATION OR CONTENT THEREOF, USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE APP OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SQUEGG SHALL CREATE ANY WARRANTY ON OUR BEHALF IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE LAST THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING OR ONE HUNDRED DOLLARS (USD 100.00), WHICHEVER IS LESS.[GS1] CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement and any non-contractual disputes and/or claims arising out of or in connection with them are exclusively subject to the laws of the state of Florida, United States of America, without regard to choice or conflicts of law principles.