READ CAREFULLY THE LICENSE AGREEMENT EXPLEINED BELOW BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE. DOWNLOAD, INSTALL OR USE THE SOFTWARE WILL MEAN YOUR FULL ACCEPTANCE OF THE TERMS SET FORTH BELOW. IF YOU DO NOT ACCEPT THEM, DO NOT DOWNLOAD, INSTALL OR USE THIS SOFTWARE.
In this contract the term "CUSTOMER" will be understood as the Company, organization or person who purchase a license to acquire the services offered through the software program we are going to talk about, and on the other hand "USER" will be any person who registers to the platform for end use, directly or through a customer.
"SOFTWARE" means the informatic program "GYMITS" which is a working tool used to facilitate both gymnastics coaches conducting training plans and monitoring them in a simple, intuitive and comprehensive manner. The SOFTWARE includes data source computer readable or encoded in a special format, techniques, software tools, computer design, graphic design, concepts, ideas and methods of development associated with the software and all related documentation.
GYMITS S.A. (Rep. of Panama) It is the owner of the SOFTWARE , and it is protected by copyright laws and treaties of internacional copyright and other laws and treaties on intelectual property protection. This document is a license agreement and is not a contract of sale. In no case it will be considered by this contract to run any intellectual or copyright of proprietary software, no patent right is given, duplicated, trade name or trademark (registered or unregistered), or any rights, franchise or license to the SOFTWARE .
GYMITS S.A. grants to the customer, with the acquisition and acceptance, a limited, non-transferable license of the SOFTWARE , authorizing it to:
a.
Make use of tools and services for which it was designed the
SOFTWARE.
b.
Use the
SOFTWARE
only for your business or personal use.
c.
Reports may only be consulted through the
SOFTWARE
even after the end of the plan, having the possibility the
CUSTOMER
or coaches user, print them for use and/or follow-ups. Once the plan ended may not be modified
d.
Renew licenses and plans once signed periods are completed.
Supply and licensing plans are found in the "Licenses and plans" section of the main menu of the SOFTWARE .
a.
If a plan is deleted before the expiry of 15 days of its creation, it is possible to recuperate the plan availability for use or re-assigned it once again, in the "total available" which appears in the main "Licenses and plans" menu link.
b.
Once registered and determined the date of commencement of the plan the application runs and remain in effect this plan for the period of one calendar year.
c.
Once the plan’s validity is completed, the
USER
will have 10 calendar days to copy it to a new purchased plan. At 10 days the selected plan becomes a consultation record without possibility of change.
THE CUSTOMER / USER must comply with the following restrictions of the license to exercise the rights previously granted:
a.
CUSTOMER / USER
shall not make reverse engineering, decompile, disassemble or attempt to reduce the software to a format readable by humans (source code). except if the applicable law permits, and to the extent permitted.
CUSTOMER / USER
must not reproduce, copy, distribute, or transmit the
SOFTWARE
in unauthorized ways expressly by this License Agreement.
b.
CUSTOMER / USER
may not rent, lease or transfer the
SOFTWARE
to any third party, the
CUSTOMER
only may use the
SOFTWARE
for your internal business purposes.
c.
THE CUSTOMER
must inform employees and agents who use the
SOFTWARE
of the terms and conditions governing such use, and will be fully responsable for compliance with the terms of this License Agreement.
d.
Share
SOFTWARE
licenses is a violation of the terms of service and could lead to the suspension of the account of the
CUSTOMER / USER
.
e.
Remove, use or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels the
SOFTWARE
.
GYMITS S.A. warrants that the SOFTWARE will operate according to the accompanying documentation during the term of the license. The only remedy available to the CUSTOMER for any infringement of this will be repair or replacement of the the SOFTWARE . This limited warranty is void if failure of the SOFTWARE is caused by an accident or by an entity other than GYMITS S.A. The express terms of this Agreement prevail over any warranty, express or implied; yet without prejudice to the foregoing will always be offered the best possible features and tools, developed by the human talent GYMITS S.A. as value proposition and main objective of the company for the product. In no event shall the provision of guarantees SOFTWARE workouts results in time or form. The service will be provided 24 hours a day, if the service is interrupted by a server failure, it will be restored as soon as posible. No refunds apply to plans purchased.
To the maximum extent permitted by applicable law, neither GYMITS S.A. even the providers will be, under any circumstances liable for no special, incidental, indirect or consequential damages (including, expository title but not limited, damages for loss of business profits, business interruption, loss of data or any other economic loss) derivative from the use or inability to use the SOFTWARE , even though it had informed GYMITS S.A. of the possibility of such damages. Due to in some jurisdictions the exclusion or limitation of liability for consequential or incidental damages is not allowed, the above limitation may not apply to the CUSTOMER .
It is the complete responsability of the CUSTOMER to verify and approve training plans generated are appropiated and by any reason harmful according to physical conditions and capabilities of each USER, THE SOFTWARE is limited to providing general strategies for training and its purely informative.
THE CUSTOMER is solely responsible for ensuring that the software interacts properly with the software or third-party hardware and GYMITS S.A. it expressly exempt all derivative for the inability of the SOFTWARE to interact with the hardware or software mentioned above.
You may terminate this license at any time by disabling your account in the SOFTWARE . This agreement will also terminate if you fail to comply with the terms contained herein.
The parts of this contract will try all times to agree on the interpretation and application of this agreement and shall make every attempt through cooperation and consultations or other means, to reach a mutually satisfactory resolution of any matter that might affect its operation, for this, please contact the legal department of GYMITS S.A. through written email to info@gymits.com.
In case of transcend any dispute under this agreement, the parts may choose the forum to resolve it.
Maintenance and updates (bug fixes and improvements) of the SOFTWARE , are automatically provided during the duration of the license, 24/7 technical support will be provided by electronic mail support@gymits.com, it has to be answered within following 72 hours and until the request is closed.
This License Agreement get into force following the acquisition and acceptance of the terms by the CUSTOMER and remain in force for 3 years unless it is finalized before as provided herein. Customer acknowledges that the license to use the SOFTWARE , automatically ends after the expiry of the subscription period, not allowing him to create new plans and/or change the existing ones, although allowing consultation, and it occurs only when the administrator allow it. In case of the CUSTOMER violates any provision of this License Agreement it’s will be automatically terminated, with or without prior notice from GYMITS S.A.
THE CUSTOMER acknowledges and agrees that the SOFTWARE stores personal and corporate data , including names of companies and users, and using such data internally or commercial purposes. These data , company names and users will not be shared with any third party without the prior consent of the customer or user, except for the following cases: (a) in case of being sold to a third-party (or most of the assets of GYMITS S.A. related to the SOFTWARE ), (b) for achieve the law by request of the authorities responsible for law enforcement, or (c) to protect the rights GYMITS S.A. under this contract. The SOFTWARE retain personal data once expired license and informational or commercial purposes until the same user is low either by telephone, by mail, or in link subscription our emails.
"Online Payments" is a service offered by the SOFTWARE to the CUSTOMER using a payment processor or an electronic payment gateway (independent of the SOFTWARE ), which must be accessed via the Internet, in order to give the CUSTOMER the possibility of conducting electronic payments.
To access to the service of "online payments", the CUSTOMER must have the necessary physical resources to enable it and perform the operation via the Internet. The CUSTOMER will keep their own cost and expense of equipment and communication services required to use the service, GYMITS S.A. is not responsible for the availability or reliability of such equipment or communications services used by the CUSTOMER. THE SOFTWARE will dispose to the CUSTOMER a link to enable it to perform banking operations.
The use of this service through "online payments" will not have a cost to the CUSTOMER , the costs assumed by the customer are determined by the bank which made the transaction, which it expressly accepts.
THE SOFTWARE does not stores financial or related information of the CUSTOMER provided to the payment process, it acts only as an intermediary and offers a graphical user interface to start the payment process, the payment processor will return the payment payment result, and an operation record will be created as a support and thus the suscription if the payment result was successful.
GYMITS S.A. is not responsible for the misuse of the service "online payments" by the persons authorized or not to purchase the service. Consequently, the CUSTOMER , assumes full responsibility for the operations ordered by the online payments service. For this purpose, the CUSTOMER agree now as proof of operations and / or transactions made, the magnetic records originated by the payment.
GYMITS S.A. is not responsible for damages of any kind that may suffer the CUSTOMER as a result of failure, delay or poor transmission of data due to communication failures, failures in the equipment used by the CUSTOMER or others technical failures out of GYMITS S.A. control. GYMITS S.A. neither will be responsible in the event of force majeure, fortuitous event or causes physical damage to the equipment or means used by the CUSTOMER to communicate with the system that provides the online payments.
GYMITS S.A. won’t make any full or partial refund for purchased licenses or plans.
THE CUSTOMER may not assign this Agreement or license any of the rights and obligations hereunder (or voluntarily or for legal reasons) without the prior written consent of GYMITS S.A. Any attempt allocation than under this License Agreement shall be void. Not withstanding the foregoing, the rights and obligations of the parties entering into this License Agreement is legally binding on and inure to the benefit of their successors and assigns.