Kegel

TERMS AND CONDITIONS OF USE

Last updated June 14, 2019

Thank you for participating in our Kegel

community at Appercut.

Please not that this is a subscription service

that automatically renews. Please read these

Terms and Conditions of Use carefully (in

particular, section 5 "subscription fees and

payment") before starting a free trial or

completing a purchase for Kegel ("App") auto-

renewing subscription service. You must

affirmatively cancel a subscription or a free trial

to avoid being charged in your App store's

account settings at least 24 hours before the

end of the free trial or the current subscription

period.

If you are unsure how to cancel a subscription or

a free trial, please visit the shop page where

you purchased the App form. Deleting the App

from your device does not cancel your

subscriptions and free trials.

1. ACCEPTANCE OF TERMS AND CONDITIONS OF

USE

1.1. Kegel and content available via the App

or our emails ("Content") are

distributed by ApperCut Sp. z o. o.,

National Court Register Number

0000775831, Tax Identification Number

5252783211, Twarda No 18, 00-104

Warsaw, Poland as stated in an app

store ("we" "us" "our" or the "Company").

The App, together with the Content,

tools and other services available by

using the App, are collectively referred

to as the "Service".

1.2. Your access and use of the Service

constitutes your agreement to be

bound by these Terms and Conditions of

Use (the "Terms"), which establishes a

legally binding contractual relationship

between you and the Company. For this

reason, PLEASE READ THE TERMS

CAREFULLY BEFORE USING THE SERVICE.

1.3. Please review also our Privacy Policy

and Billing Terms. Billing Terms

determine the scope and cost of

subscription. The terms of the Privacy

Policy and other supplemental terms,

policies or documents that may be

posted on the Service from time to

time are hereby expressly incorporated

herein by reference. We reserve the

right, in our sole discretion, to make

changes or modifications to these

Te r ms at an y t i m e a n d f or an y r e a s o n .

1.4. Unless otherwise expressly provided

herein, we will alert you about any

changes by updating the "Last updated"

date of these Terms and you waive any

right to receive specific notice of each

such change.

1.5. These terms contain important

disclaimers (section 2), disclaimers of

warranties (section 7), limitation of

liability (section 8).

1.6. If you do not agree with any part of

these terms, or if you are not eligible

or authorized to be bound by these

terms, then do not download the app

or otherwise access or use the service.

2. IMPORTANT DISCLAIMERS

2.1. THE COMPANY DOES NOT OFFER OR

PROVIDE ANY KIND OF MEDICAL ADVICE,

H E A LT H I N S U R A N C E O R O T H E R

HEALTHCARE SERVICE, INCLUDING

WITHOUT LIMITATION, ANY

COUNSELING, TESTING, EVALUATION,

P R E S C R I P T I O N , P R O C E D U R E O R

THERAPY RELATED TO EXERCISE,

NUTRITION, WEIGHT LOSS OR WELLNESS

OR RELATED TO THE AVOIDANCE,

P R E V E N T I O N , D I A G N O S I S O R

TREATMENT OF ANY INJURY, ILLNESS,

DISEASE OR CONDITION (COLLECTIVELY,

"HEALTHCARE SERVICES").

2.2. The service may not be appropriate

for all persons and is not a substitute

for professional healthcare services.

The service is intended only as a tool,

which may be useful in achieving your

overall health and fitness goals. You

acknowledge that your exercise

activities involve risks, which may

involve risk of bodily injury or death,

and that you assume those risks. Before

accessing or using the service, and

agree to release and discharge the

company from any and all action,

known or unknown, arising out of your

use of the service.

2.3. You should consult with your

physician or other qualified

healthcare professional to determine

whether the service would be safe

and effective for you. You are

expressly prohibited from accessing or

using the service against medical

advice or if doing so might pose any

health risk. In this context, you

acknowledge that you take full

responsibility for your health, life and

well-being, as well as the health, lives

and well-being of your family and

children (born and unborn, as

applicable), and all decisions now or in

the future.

2.4. To t he m ax im u m e x t e nt p e r mi tt e d b y

applicable law, you expressly agree

that we are not providing medical

advice via the service. All content

provided through the service, whether

provided by us or third parties (even if

they are claiming to be a doctor) is not

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TERMS AND CONDITIONS OF USE

intended to be and should not be used

in place of (i) the advice of your

physician or other professionals, (ii) a

visit, call or consultation with your

physician or other medical

professionals, or (iii) information

contained on or in any product

packaging or label. We are not

responsible for any health problems

that may r e s ult from training

programs, consultations, products, or

events you learn about through the

service. Should you have any health-

other content, software and materials

displayed on the Service or used by the

Company to operate the Service

(including the App and the Content and

excluding any User Content (as defined

below)) is proprietary to us or to third

parties.

3.2. The Company expressly reserves all

rights, including all intellectual

property rights, in all of the foregoing,

and except as expressly permitted by

these Terms, any use, redistribution,

sale, decomplication, reverse

engineering, disassembly, translation or

other exploitation of them is strictly

prohibited. The provision of the Service

does not transfer to you or any third

party any rights, title or interest in or

to such intellectual property rights.

3.3. You are solely responsible for obtaining

the equipment and telecommunication

services necessary to access the

Service, and all fees associated

therewith (such as computing devices

and Internet service provider and

airtime charges).

3.4. We retain the right to implement any

changes to the Service (whether to free

or paid features) at any time, with or

without notice. You acknowledge that a

variety of Company's actions may

impair or prevent you from accessing

the Service at certain times and/or in

the same way, for limited periods or

permanently, and agree that the

Company has no responsibility or

liability as a result of any such actions

or results, including, without

limitation, for the deletion of, or

failure to make available to you, any

content or services.

3.5. Your access to and use of the Service is

at your own risk. The Company will

have no responsibility for any harm to

your computing system, loss of data, or

other harm to you or any third party,

including, without limitation, any

bodily harm, that results from your

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TERMS AND CONDITIONS OF USE

access to or use of the Service, or

reliance on any information or advice.

3.6. The Company has no obligation to

provide you with customer support of

any kind. However, the Company may

provide you with customer support

from time to time, at the Company's

sole discretion.

4. APP STORES, THIRD PARTY ADS, OTHER

USERS

4.1. You acknowledge and agree that the

availability of the App is dependent on

the third party from which you

received the App, e.g., the Apple

iTunes App Store, Google Play, and/or

other app stores (collectively, "App

Stores" and each, an "App Store").

4.2. You agree to pay all fees charged by

the App Stores in connection with the

App. You agree to comply with, and

your license to use the App is

conditioned upon your compliance

with, all applicable agreements, terms

of use/service, and other policies of

the App Stores. You acknowledge that

the App Stores (and their subsidiaries)

are a third-party beneficiary of these

Te r ms a n d w i ll h a ve t h e r i gh t t o

enforce these Terms.

4.3. The Service may contain links to third

party websites or resources and

advertisements for third parties

(collectively, "Third-Party Ads"). Such

Third-Party Ads are not under the

control of the Company and the

Company is not responsible for any

Third-Party Ads. The Company provides

these Third-Party Ads only as a

convenience and does not review,

approve, monitor, endorse, warrant, or

make any representations with respect

to Third Party Ads. Advertisements and

other information provided by Third

Party Sites Ads may not be wholly

accurate. You acknowledge sole

responsibility for and assume all risk

arising from your use of any such

websites or resources. When you link to

a third-party site, the applicable

service provider's terms and policies,

including privacy and data gathering

practices govern. You should make

whatever investigation you feel

necessary or appropriate before

proceeding with any transaction with

any third party. Your transactions and

other dealings with Third Party Ads that

are found on or through the App,

including payment and delivery of

related goods or services, are solely

between you and such merchant or

advertiser.

4.4. Each user of the Service is solely

responsible for any and all his or her

User Content. Because we do not

control the User Content, you

acknowledge and agree that we are not

responsible for any User Content and

we make no guarantees regarding the

accuracy, currency, suitability, or

quality of any User Content, and we

assume no responsibility for any User

Content. Your interactions with other

Service users are solely between you

and such user. You agree that the

Company will not be responsible for

any loss or damage incurred as the

result of any such interactions. If there

is a dispute between you and any

Service user, we are under no

obligation to become involved.

4.5. Yo u hereby r e lease u s , our o f f i c e rs,

employees, agents and successors from

claims, demands any and all losses,

damages, rights, claims, and actions of

any kind including personal injuries,

death, and property damage, that is

either directly or indirectly related to

or arises from any interactions with or

conduct of any App Store, any other

Service users, or any Third-Party Ads.

5. SUBSCRIPTION FEES AND PAYMENT

5.1. The App is free to download. However,

certain features of the Service are

offered on a subscription basis for a

fee. You will pay an App Store the

applicable fees (and any related taxes)

as they become due.

5.2. Information about range of subscription

is being described in the separate

document named Billing Terms on the

subscription screen in the App.

Additionally, this information could be

found on the Profile tab in the App.

This document also describes the cost

of subscription.

5.3. To the maximum extent permitted by

applicable laws, we may change

subscription fees at any time. We will

give you reasonable notice of any such

pricing changes by posting the new

prices on or through the App and/or by

sending you an email notification. If

you do not wish to pay the new fees,

you can cancel the applicable

subscription prior to the change going

into effect.

5.4. You authorize the App Stores to charge

the applicable fees to the payment

card that you submit. Charges are

collected by the App Store. We do not

charge any fees directly.

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TERMS AND CONDITIONS OF USE

5.5. By signing up for certain subscriptions,

you agree that your subscription may

be automatically renewed. Unless you

cancel your subscription, you

authorize the App Stores to charge

you for the renewal term. The period

of auto-renewal will be the same as

your initial subscription period unless

otherwise disclosed to you on the

Service. The renewal rate will be no

more than the rate for the immediately

prior subscription period, excluding any

promotional and discount pricing,

unless we notify you of a rate change

prior to your auto-renewal. You must

cancel your subscription in accordance

with the cancellation procedures

disclosed to you for the particular

subscription. We will not refund fees

that may have accrued to your account

and will not prorate fees for a

cancelled subscription.

5.6. We may offer a free trial subscription

for the Service. Free trial provides you

access to the Service for a period of

time, with details specified when you

before the end of the free trial, or

unless otherwise stated, your access to

the Service will automatically continue

and you will be billed the applicable

fees for the Service. We may send you

a reminder when your free trial is

about to end, but we do not guarantee

any such notifications. It is ultimately

your responsibility to know when the

free trial will end. We reserve the

right, in our absolute discretion, to

modify or terminate any free trial

offer, your access to the Service during

the free trial, or any of these terms

without notice and with no liability. We

reserve the right to limit your ability to

take advantage of multiple free trials.

5.7. The Service and your rights to use it

expire at the end of the paid period of

your subscription. If you do not pay the

fees or charges due, we may make

reasonable efforts to notify you and

resolve the issue; however, we reserve

the right to disable or terminate your

access to the Service (and may do so

without notice).

5.8. Subscriptions purchased via the App

Store or Google Play are subject to

such appropriate Store’s refund

policies. This means we cannot grant

refunds. You will have to contact an

appropriate Store support.

6. USER REPRESENTATIONS AND RESTRICTIONS

6.1. By using the Service, you represent and

warrant that:

•

you have the legal capacity and you

agree to comply with these Terms;

•

you are not under the age of 13;

•

you will not access the Service

through automated or non-human

means, whether through a bot,

script or otherwise;

•

you will not use the Service for any

illegal or unauthorized purpose;

•

your use of the Service will not

violate any applicable law or

regulation.

6.2. If you provide any information that is

untrue, inaccurate, not current, or

incomplete, we have the right to refuse

any and all current or future use of the

Service (or any portion thereof).

6.3. You may not access or use the Service

for any purpose other than that for

which we make the Service available.

The Service may not be used in

connection with any commercial

endeavors except those that are

specifically endorsed or approved by

us.

6.4. As a user of the Service, you agree not

to:

•

systematically retrieve data or other

content from the Service to create

or compile, directly or indirectly, a

collection, compilation, database,

or directory without written

permission from us;

•

make any unauthorized use of the

Service;

•

make any modification, adaptation,

improvement, enhancement,

translation, or derivative work from

the Service;

•

use the Service for any revenue

generating endeavor, commercial

enterprise, or other purpose for

which it is not designed or intended;

•

make the Service available over a

network or other environment

permitting access or use by multiple

devices or users at the same time;

•

use the Service for creating a

product, service, or software that

is, directly or indirectly, competitive

with or in any way a substitute for

the Service;

•

use any proprietary information or

any of our interfaces or our other

intellectual property in the design,

development, manufacture,

licensing, or distribution of any

applications, accessories, or devices

for use with the Service;

•

circumvent, disable, or otherwise

interfere with security-related

features of the Service;

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TERMS AND CONDITIONS OF USE

•

engage in unauthorized framing of

or linking to the Service;

•

interfere with, disrupt, or create an

undue burden on the Service or the

networks or services connected to

the Service;

•

decipher, decompile, disassemble,

or reverse engineer any of the

software comprising or in any way

making up a part of the Service;

•

attempt to bypass any measures of

the Service designed to prevent or

restrict access to the Service, or any

portion of the Service;

•

upload or distribute in any way files

that contain viruses, worms,

trojans, corrupted files, or any

other similar software or programs

that may damage the operation of

another's computer;

•

use, launch, develop, or distribute

any automated system, including

without limitation, any spider,

robot, cheat utility, scraper, or

offline reader that accesses the

Service, or using or launching any

unauthorized script or other

software;

•

use the Service to send automated

queries to any website or to send

any unsolicited commercial e-mail;

•

disparage, tarnish, or otherwise

harm, in our opinion, us and/or the

Service;

•

use the Service in a manner

inconsistent with any applicable

laws or regulations; or

•

otherwise infringe these Terms.

7. DISCLAIMER OF ALL WARRANTIES

7.1. The App, content and other aspects of

the service are provided "as is" and "as

available". The App, content and other

aspects of the service are provided

without representation or warranty of

any kind, express or implied, including,

but not limited to, the implied

warranties of title, non-infringement,

integration, merchantability and fitness

for a particular purpose, and any

warranties implied by any course of

performance or usage of trade, all of

which are expressly disclaimed. The

company and its affiliates, licensors

and suppliers do not warrant that: (i)

the service, content or other

information will be timely, accurate,

reliable or correct; (ii) the service will

be secure or available at any particular

time or place; (iii) any defects or errors

will be corrected; (iv) the service will

be free of viruses or other harmful

components; or (iv) any result or

outcome can be achieved.

8. LIMITATION ON LIABILITY

8.1. In no event shall we (and our affiliates)

be liable to you or any third party for

any lost profit or any indirect,

consequential, exemplary, incidental,

special or punitive damages arising

from these terms or your use of, or

inability to use, the service (including

the app or content), or third-party ads,

even if we have been advised of the

possibility of such damages. access to,

and use of, the service (including the

app, content and user content), and

third-party ads are at your own

discretion and risk, and you will be

solely responsible for any damage to

your computing system or loss of data

resulting therefrom.

8.2. Notwithstanding anything to the

contrary contained herein, you agree

that the aggregate liability of the

company to you for any and all claims

arising from the use of the app,

content or service is limited to the

amounts you have paid to the company

for access to and use of the service.

The limitations of damages set forth

above are fundamental elements of the

basis of the terms between the

company and you.

8.3. Some jurisdictions do not allow the

limitation or exclusion of liability for

incidental of consequential damages,

so the above limitation or exclusion

may not apply to you and you may also

have other legal rights that vary from

jurisdiction to jurisdiction.

9. INTERNATIONAL USE

9.1. The Company makes no representation

that the Service is accessible,

appropriate or legally available for use

in your jurisdiction, and accessing and

using the Service is prohibited from

territories where doing so would be

illegal. You access the Service at your

own initiative and are responsible for

compliance with local laws.

10. GOVERNING LAW

10.1.The laws of Republic of Poland, govern

these Terms and your use of the

Service.

11. MISCELLANEOUS PROVISIONS

11.1.No delay or omission by us in exercising

any of our rights occurring upon any

noncompliance or default by you with

respect to these Terms will impair any

such right or be construed to be a

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TERMS AND CONDITIONS OF USE

waiver thereof, and a waiver by the

Company of any of the covenants,

conditions or agreements to be

performed by you will not be construed

to be a waiver of any succeeding

breach thereof or of any other

covenant, condition or agreement

hereof contained.

11.2.If any provision of these Terms is found

to be invalid or unenforceable, then

these Terms will remain in full force

and effect and will be reformed to be

valid and enforceable while reflecting

the intent of the parties to the greatest

extent permitted by law.

11.3.Except as otherwise expressly provided

herein, these Terms set forth the entire

agreement between you and the

Company regarding its subject matter,

and supersede all prior promises,

agreements or representations,

whether written or oral, regarding such

subject matter.

11.4.The Company may transfer or assign

any and all of its rights and obligations

under these Terms to any other person,

by any way, including by novation, and

by accepting these Terms you give the

Company consent to any such

assignment and transfer. You confirm

that placing on the Service of a version

of these Terms indicating another

person as a party to the Terms shall

constitute valid notice to you of the

transfer of Company's rights and

obligations under the Agreement

(unless otherwise is expressly

indicated).

11.5.All information communicated on the

Service is considered an electronic

communication. When you

communicate with us through or on the

Service or via other forms of electronic

media, such as e-mail, you are

communicating with us electronically.

You agree that we may communicate

electronically with you and that such

communications, as well as notices,

disclosures, agreements, and other

communications that we provide to you

electronically, are equivalent to

communications in writing and shall

have the same force and effect as if

they were in writing and signed by the

party sending the communication. You

further acknowledge and agree that by

clicking on a button labeled "SUBMIT",

"CONTINUE", "REGISTER", "I AGREE" or