KRATUN TIMER Terms and Conditions of Use
KRATUN TIMER
Mobile Application Terms and Conditions
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- INTRODUCTION
KRATUN TIMER is a mobile application owned by the owners of www.kratun.com (in short Kratun). - AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Kratun (“we,” “us” or “our”), concerning your access to and use of the mobile application KRATUN TIMER by Kratun as well as any other media form, website, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the Mobile app). You agree that by accessing the mobile application, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE MOBILE APPLICATION (AND RELATED MEDIA TO IT) AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site www.kratun.com 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 Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. - VALIDITY OF THE Terms and Conditions
Validity. Kratun offers the Mobile application on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using the services, in case they are available without registration, or (ii) registration, in case they require an account.
Prerequisite. Neither the registration nor the use of the complete spectrum of products and services shall be possible without consent to these T&C.
Extent. These T&C shall apply to all points of access, including (sub-)domains, related to Kratun’s mobile app INTERVAL WORKOUTS.
Validity. These T&C shall be valid until cancelled in the currently valid version as of 18 Feb, 2018. - USE LICENSE
By using the mobile app KRATUN TIMER you can:
(1) Use the app in help with your interval training as chronometer and training guidance.
(2) Create and manage your own workouts, exercises and custom time intervals.
(3) Save exercises and workouts.
(4) Change the app appearance by choosing different colors for background, buttons and special buttons.
(5) Use any other related media to the app – the website www.kratun.com and any social medias.
By using the mobile app KRATUN TIMER you cannot:
(1) Rely on fitness results for sure. The mobile app is only to help in an interval training but not to construct workouts and training plans for specific needs. You need to consult a fitness professional to create a proper training plan for you.
(2) Rely that sample exercises or workouts are good for your health. You need to consult a medical professional to tell you if these exercises or workouts are good for you. Consult a doctor if you have a medical concern. Be careful especially if you have some respiratory and circulatory system diseases.
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(9) 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 application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you represent and warrant that
(i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof. - MOBILE APPLICATION AND RELATED MEDIA MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Mobile application and related media for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. - ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the mobile app and the site are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Bulgaria, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the mobile app and the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Mobile app and the Site, the Content and the Marks.The names and the description of the exercises that come with the installation of the application are from Wikipedia.com mainly from the page Bodyweight Exercise.
- AMENDMENTS
(1) We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.(2) We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you. - APPLICABLE LAW AND JURISDICTION
(1) The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of the Republic of Bulgaria, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.(2) You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Republic of Bulgaria in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use. - PRIVACY POLICY
In current version of the mobile application all data about the exercises and the workouts is kept in the user’s device and it is not used by Kratun in any way.
Some personal information like user ID or device ID may be used for internal purposes only and this information is not stored by Kratun anywhere.
- INTRODUCTION