1) License to Use
Subject to your agreement to and compliance with the terms of this Agreement, we grant to you a non-exclusive, non-transferable, non-sublicensable, non-sharable, revocable, limited license to download and use the app solely for your personal, non-commercial use to the Services in accordance with this Agreement. This license does not include any right to, and you will not: (a) sell, resell or commercially use the app; (b) copy, reproduce, distribute, publicly perform, publicly display, display the app in video or on video stream without written permission from Meganova LLC.; (c) modify the app, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the app; (d) use any data mining, robots or similar data gathering or extraction methods on the app or (e) use the app for any reason other than the app’s intended purpose(s). The Meganova app is protected by the copyright laws of the United States, international treaties and conventions, and other laws and Meganova LLC. retains all right, title and interest in and to the app, including all intellectual property rights associated with the app. With the exception as expressly granted above, you have no intellectual property rights in the app (including any rights to use the design concepts, methods, trademarks, trade names, service marks, logos, domain names and any and all other distinctive brand features) and Meganova LLC. reserves all rights not expressly granted to you. The Meganova app is provided to you as entertainment and Meganova LLC makes no claims to what the use of the Meganova app will produce for you. Your personal results from the use of the Meganova app may vary.
2) Prohibited Conduct
You agree to use the app in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort and you are solely responsible for your conduct while accessing or using the app. In connection with your use of the app and the services, you will not:
– Perform exercises, methods, suggestions and/or movements more than is outlined in the app;
– Use one of the modes offered in the app more than twice in a 24 hour period;
– Impersonate another person or log into an account which you are not authorized to access;
– Use the app in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying use of the app or that could damage, disable or impair the functioning of the app in any manner;
– 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 email, promotions or advertisements;
– Reverse engineer, decompile or disassemble any aspect of the app or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the app;
– Develop or use any third party applications that interact with the app without the prior written consent of Meganova LLC. including but not limited to any scripts or software designed to scrape or extract data from the app;
– Use the app in a manner that goes against common sense, reasonable health common sense or against your doctors advice or guidance or without receiving clearance from your personal doctor and/or physician to perform the included exercises and methods in the app; or
– Use the app if you are experiencing any pain (both physical and mental) of any kind before, during or after using the app.
3) Right to Terminate Accounts
If you are in breach of any of these Terms, we reserve the right, in our sole discretion, to terminate your right to access or use of the app. We are not responsible for any loss, damage or harm related to your inability to access or use the app based on such termination.
4) How a User can Cancel/Terminate an Account
You may cancel your subscription at any time through the platform you purchased your subscription with subject to that merchant’s policies and terms of their cancellations and renewals. You acknowledge that any and all fees are not refundable. Meganova LLC. is not responsible for any disputes with subscription services purchased through 3rd party platforms.
5) Ownership of Content
Meganova LLC. is the owner of all intellectual property rights in the app and all material(s) published in/on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In accessing the Meganova app you agree that you will access its contents and use the services solely for your personal, non-commercial use. The app, including any part(s) of it, may not be copied, reproduced, transmitted, recorded, broadcasted, photographed, emulated, stored, sold or distributed without prior written consent of Meganova LLC.
6) Photosensitive Seizure Warning
A percentage of humans may experience a seizure when exposed to certain visual images, including but not limited to flashing lights and/or patterns that may appear in the Meganova app. Some humans that have no history of seizures or epilepsy may have an undiagnosed condition that can cause “photosensitive epileptic seizures” while using apps, playing video games or watching certain imagery on screens. If you experience any of the following symptoms while using the Meganova app, immediately stop using the app and your device and consult with a doctor. These seizures may have a variety of symptoms including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion and momentary loss of awareness. A seizure may also cause loss of consciousness or convulsions that can lead to injuries sustained from falling or striking nearby objects. Parents should monitor and/or ask their children about the above listed symptoms. Children or teenagers are more likely to experience these seizures. You may reduce your risk of photosensitive epileptic seizures by taking precautions such as using the Meganova app in a well lit room and not using the Meganova app if you are drowsy or fatigued. If you or anyone you might come in contact with while using the Meganova app has a history or seizures or epilepsy, consult with a doctor before using the Meganova app.
7) Physical Activity
The Meganova app in all modes and methods utilizes various forms of physical activity including but not limited to stretching or various parts of the human body, body-weight exercises, finger and hand exercises meant to obtain functional health, vision exercises and all other methods and exercises presented in all iterations of the Meganova app. Before you use the Meganova app, consult with a doctor to ensure you are healthy enough for the types of activities offered in the Meganova app. If at any time you experience any pain or discomfort when using the Meganova app, stop use of the Meganova app immediately and seek medical attention. Within the Meganova app is a skip forward to the next exercise button/feature, you agree to educate yourself about the use of this option to skip an exercise and use this option/feature to use the portions of the Meganova app that are right for you, as you see fit.
8) Modification of the Terms
We (Meganova LLC) reserve the right to, at our discretion, change the Terms on a going forward basis at any time. If we make changes to the Terms, Meganova LLC will post the amended terms within the app and update the ‘last updated’ date within the document. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change. Unless we outline otherwise in our notice, the amended Terms will be effective immediately and your continued use and access to the app will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Meganova app.
9) Disclaimer of Warranty
While we strive to provide the best service we can to our customers, you understand and agree that the Meganova app is provided “AS IS” and “AS AVAILABLE”, without express or implied warranty or condition of any kind. You use the Meganova app at your own risk. To the fullest extent permitted by applicable law, Meganova LLC make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for particular purpose, or non-infringement. Meganova LLC does not warrant that the Meganova app is free of malware or other harmful components. Meganova LLC makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or or offered by a third party or Meganova LLC on or through the Meganova app or any hyperlinked website, or featured in any banner or other advertising or product placement. You understand and agree that Meganova LLC is not responsible or liable for any transaction between you and third party providers of third party applications or products or services advertised on or through the Meganova app. As with any purchase of a product or service through any medium or in any environment, you need to use your own judgement and exercise all applicable caution where appropriate. No advice or information whether oral or in writing obtained by you from Meganova LLC shall create any warranty on behalf of Meganova LLC in this regard.
10) Disclaimer and Limitation of Liability
Meganova LLC and our affiliates, members, directors, officers, stockholders, employees, licensors, suppliers, contractors and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from; your use of the app or inability to use the app, your access to or inability to access the app and/or your personal methods for using the Meganova app. In no event will Meganova LLC or their affiliates’ aggregate liability for all claims relating to the Meganova app exceed the greater of $4.99 USD or the amount you paid Meganova LLC in the last 12 months for any paid features of the Meganova app.
11) Governing Law / Jurisdiction
The agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Texas, United States of America, without regard to choice or conflicts of law principles.
12) Privacy
Your privacy actually matters to us. You can learn how we handle your information when you use the Meganova app by reading our Privacy Policy. We encourage you to review the Privacy Policy because, by using the Meganova app, you agree that Meganova LLC can collect and use certain information consistent with that policy.
13) Seasons
The Meganova app rotates content through the use of ‘seasons’. ‘Seasons’ can be defined as an arbitrary amount of time that may or may not be changed without notice.