Effective 25th of January, 2017
Thank you for downloading and using Grow Big fitness planner and tracker app. We at GrowBig welcome you to try out our Services and take your workouts to the next level. Your usage of the App and the Site is provided pursuant to your compliance with our Terms and Policies. For more info please visit our Site available at http://growbig.me/.
Please consult a physician before starting or changing your fitness program. If you experience pain or discomfort during or after your exercise you need to stop your exercises and seek medical advice. Not all training programs are suited for everyone.
1.3 ‘Site/Platform/App’ refers to the website and mobile phone application of the ‘Grow Big’ available at http://growbig.me/
1.4 ‘User/You’ refers to any person, downloading, visiting, using or in any other way interacting with the Platform/Site/App or its respectful Materials regardless of the activities taken.
1.5 ‘We/Us’ refers to ‘Grow Big, the App or the Site and their owners and affiliates.
1.7 ‘Outside sources’ refers to any application, website, natural or legal entity other than ‘Grow Big’, the App, the Site or their affiliates.
1.8 ‘Materials’ refers to all images, text, audio and video data or any other information located on the App and the Site. Materials also refer to images, text, audio and video data or any other information located on any other place provided that there is information that said material originated from the App or the Site.
1.9 ‘Services’ refers to all services offered through the usage of the Platform, the App or the Site.
II GENERAL PROVISIONS
2.1 The App and the Site are property of Martin Peev, 26 Marin Drinov str, Sofia 1000, Republic of Bulgaria.
2.2 These Terms govern the use of the App, the Site, the Platform and Materials.
2.3 Terms apply to all Users regardless of the capacity, way, purpose or instruments used in accessing the App, the Site or Materials.
2.5 If you do not comply with the Terms we reserve the right to cancel or terminate your access to the App, the Site, or any part thereof, or your user account. We can, in our sole discretion, suspend or terminate access to all or parts of the App and the Site and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time.
2.7 Grow Big is responsible for customer support. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
3.1 By accessing the App or the Site you confirm that you are at least 18 years of age, or at least of the age of legal consent in your jurisdiction. If you are younger than 18 you are able to access our Services provided that you have a guardian present. We may request proper and satisfactory proof of evidence to verify your age, identity, and capacity of your guardian.
3.2 By using our Services, or by providing your information for other purposes, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you have available funds necessary for the requested Service, (iv) that you will not use Services contrary to these Terms or applicable laws. User also represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
3.3 By providing us your e-mail address you agree to receive periodical emails from us. We may contact you using the available contact information provided by you, for any matters relating to purchasing, paying and delivering of the Service. We may also inform you through e-mail about news, promotions, special offers and or other topics of interest related to the Grow Big and our affiliates. You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.
IV CHANGING OUR TERMS
4.1 We reserve the right to update and change the Terms periodically without notifying the Users. The current version of the Terms is available on the Site indicating the effective date. Users are encouraged to periodically review Terms in order to stay informed on any changes.
4.2 Users are bound by any changes to the Terms regardless of their knowledge about them, provided that changes were published and available for review.
V LICENCE, OWNERSHIP AND RULE OF CONDUCT
5.1 Grow Big App and the Site are the property of its respectful developers. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download and use the App and to use the Site. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the App and the Site; distribute, transfer, sublicense, lease, lend or rent the App or the Site to any third party; reverse engineer, decompile or disassemble the App or the Site; or make the functionality of the App or the Site available to multiple users through any means.
5.2 All content on the App and the Site, including but not limited to text, images, video, information, applications, software, music, sound and other files are the property of Grow Big. Materials on the App and the Site are available for fair use to Users. Usage of the Materials is governed by appropriate laws of the Republic of Bulgaria. The User must reference the Site, its respectful owners, and authors of the Materials where available if they are using Materials for non-commercial use. The user must obtain our written permission for usage of Materials for commercial purposes.
VI REGISTRATION, SERVICES, AND BILLING
6.1 All App Services are available only to registered Users. If you choose to register on the Platform you are required to provide true, accurate, current and complete information about yourself as prompted by registration forms on the Platform. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you access to the Platform, the App, the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You are entirely responsible for all usage and activity on your account, including use of the account by a third party authorized by you to use your account.
6.2 You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
6.3 Grow Big offers a platform for Users to organize their exercise routine, track their progress and learn new exercises by following instructions from YouTube videos. Individually, our Services include, and is not limited to, creating custom exercises, creating workout programs, uploading workout programs to a public database, tracking a workout program, tracking body measurements. The full list of available Services is available on the Site and in the App.
6.4 You are able to pay for our services directly through the App. All payments will be conducted through User’s iTunes account.
6.5 We may offer a free trial period for using the App. During this period you will be able to use full functionality of the App. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription.
6.6 After the expiry of trial period, subscription fee will be charged for the subscription period chosen while registering. Full list of prices for subscription service is available in the App.
6.7 If you subscribe to our Services, subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's iTunes Account Settings after purchase. A subscription is paid for in full when it’s purchased and can be refunded only by contacting Apple customer service.
6.8 You may elect to pay Grow Big subscription fees on a monthly or annual basis. All such subscription fees are payable in advance. Subscription fees will be billed automatically to the payment method at the start of the monthly or annual period, as applicable, and will auto-renew until your subscription is terminated. The renewal subscription fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize Grow Big to charge your payment method for the appropriate subscription charges and fees and for any other purchases you elect to make via the Services. Grow Big reserves the right to increase subscription fees or to institute new fees at any time upon reasonable notice posted in advance on Site or in the App. All purchases are final and no refund or exchange will be provided for the unused portions of paid Services.
VII USER GENERATED CONTENT
7.1 Users are able to post content in the App and to interact with the available content and other Users. Users agree not to post or transmit content which is illegal, obscene, threatening, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties. Some of the content provided by Users is subjected to prior approval by the content administrators. Although we do not constantly monitor content posted on the App, we reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. Users are solely responsible for their own content and the consequences of making the content available to third-parties. If you post content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content in the App, on the Site and on any other marketing material we may create. Whenever we might use the User generated content we will give appropriate credit to the content provider through their name. Except before mentioned usage of user generated content, you retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services.
7.2 Exercises, training programs and any other available content posted by third parties do not represent the views or opinions of the Grow Big. Nothing stated in the third party content should be considered as statements of Grow Big. Third party content available in the App is not sponsored or endorsed by the Grow Big. Grow Big only acts as a repository of the materials and is in no way responsible for the content of third party content.
VIII THIRD - PARTY CONTENT
8.2 All videos available through the App are hosted on YouTube. We do not host videos on our App. Users will be able to watch videos on YouTube by following the link from the App. Grow Big is in no way sponsored, endorsed or administered or associated with the YouTube.
X GOVERNING LAWS
10.1 This Agreement shall be governed by and construed under the laws of the Republic of Bulgaria, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in the Republic of Bulgaria by Bulgarian residents. You also agree and hereby submit to the non-exclusive jurisdiction of the courts in Sofia, Republic of Bulgaria, for the resolution of any conflict arising out of or in connection with these Terms, the Site, or the Service.
11.1 You will indemnify and hold harmless Grow Big, its developers and employees, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and its Services, content which you provide, or your violation of these Terms.
XII STATUTE OF LIMITATIONS
12.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the App, the Site, Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13.1 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PROVIDED BY LAW, THE APP, THE SITE AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE SERVICES, THE APP AND THE SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING THE APP AND SITE OR THROUGH YOUR DOWNLOADING OF MATERIALS FROM THE APP AND SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL GROW BIG OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY MATERIALS ON THE WEBSITE.
13.2 YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF ANY OF THE FOLLOWING APPLY TO YOU:
• CHEST PAIN OR PAIN IN THE NECK AND/OR ARM;
• SHORTNESS OF BREATH;
• DIAGNOSED HEART CONDITION;
• JOINT AND/OR BONE PROBLEMS;
• IF YOU’RE TAKING ANY MEDICATIONS, ESPECIALLY CARDIAC AND/OR BLOOD PRESSURE MEDICATIONS;
• HAVE NOT PREVIOUSLY BEEN PHYSICALLY ACTIVE; OR
IF NONE OF THESE APPLY TO YOU, YOU SHOULD NONETHELESS START ANY EXERCISE PROGRAM GRADUALLY AND SENSIBLY. IF YOU FEEL ANY OF THE PHYSICAL SYMPTOMS LISTED ABOVE WHEN YOU START YOUR EXERCISE PROGRAM, YOU SHOULD CONTACT YOUR PHYSICIAN IMMEDIATELY. THE INFORMATION AND MATERIALS CONTAINED ON THE PLATFORM ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. GROW BIG IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATIONS.
13.3 GROW BIG IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH GROW BIG. IF YOU ENGAGE IN ANY EXERCISE PROGRAM YOU RECEIVE THROUGH GROW BIG, YOU AGREE THAT YOU DO SO AT YOUR OWN RISK, AND ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES.
13.4 GROW BIG TRIES TO PROVIDE ONLY THE MOST HELPFUL AND ACCURATE INFORMATION, BUT WE CANNOT VERIFY, ENDORSE OR VOUCH FOR THE INFORMATION, SERVICES OR RECOMMENDATIONS AVAILABLE THROUGH GROW BIG. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH GROW BIG, OR FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE APP.
13.4 Grow Big, not Apple, is responsible for addressing any claims of the User or any third party relating to the App or the User’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or the User’s possession and use of the App infringes that third party’s intellectual property rights, Grow Big, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
XIV FINAL PROVISIONS
14.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
15.1 If you have any questions, suggestions, or comments, you can address them to email@example.com.