Terms & Conditions
This Terms & Conditions ( "Agreement" and/or "Terms") are binding and governs the relationship between the Customer ("You" and/or "Customer") and KODE Limited Liability Company (hereinafter – “KODE LLC”)
this Terms are as follows:
this Terms are as follows:
1. DEFINITIONS:
1.1. "Customer" (and/or "You") means an individual (natural person) who has opened an account with BackApp application and has or is about to purchase subscription.
1.2. "BackApp Application" or "BackApp" means the proprietary software application offered by KODE LLC;
1.3. "Intellectual Property Rights" means all of the following rights, collectively or individually and irrespective of whether registered or otherwise formalized, that may currently exist or may thereafter arise or be created anywhere in the world: rights associated with works of authorship, including, without limitation, exclusive exploitation rights, copyrights, designs, benefits of moral rights, and mask work rights; trademarks, service marks, trade dress, logos, trade names, domain names, and corporate names, together with all translations, adaptations, derivations, and combinations thereof and including all goodwill associated therewith; trade secrets and know-how; industrial property rights and all rights associated with patents, patent applications, provisional applications, continuations, continuations-in-part, re-examination certificates, utility models, invention registrations, and invention disclosures; other proprietary rights of every kind, including, without limitation, Confidential Information, rights, interests, and authorities existing pursuant to assignments, contracts, licenses, express or implied, and license registrations; and rights in or relating to applications, filings, registrations, renewals, extensions, derivatives, modifications, enhancements, combinations, divisions, reissues, and the like for any of the rights referred to in through of this definition;
1.4. "Content" means text, graphics and video materials posted in the application for free or access to which is obtained via subscription purchase;
1.5. "Subscription" means a paid plan that provides access to a wider range of content within determined time period and for the determined price;
1.6. "Service(s)" or means KODE LLC's data plan(s) and any other data service provided and sold to the Customer.
1.1. "Customer" (and/or "You") means an individual (natural person) who has opened an account with BackApp application and has or is about to purchase subscription.
1.2. "BackApp Application" or "BackApp" means the proprietary software application offered by KODE LLC;
1.3. "Intellectual Property Rights" means all of the following rights, collectively or individually and irrespective of whether registered or otherwise formalized, that may currently exist or may thereafter arise or be created anywhere in the world: rights associated with works of authorship, including, without limitation, exclusive exploitation rights, copyrights, designs, benefits of moral rights, and mask work rights; trademarks, service marks, trade dress, logos, trade names, domain names, and corporate names, together with all translations, adaptations, derivations, and combinations thereof and including all goodwill associated therewith; trade secrets and know-how; industrial property rights and all rights associated with patents, patent applications, provisional applications, continuations, continuations-in-part, re-examination certificates, utility models, invention registrations, and invention disclosures; other proprietary rights of every kind, including, without limitation, Confidential Information, rights, interests, and authorities existing pursuant to assignments, contracts, licenses, express or implied, and license registrations; and rights in or relating to applications, filings, registrations, renewals, extensions, derivatives, modifications, enhancements, combinations, divisions, reissues, and the like for any of the rights referred to in through of this definition;
1.4. "Content" means text, graphics and video materials posted in the application for free or access to which is obtained via subscription purchase;
1.5. "Subscription" means a paid plan that provides access to a wider range of content within determined time period and for the determined price;
1.6. "Service(s)" or means KODE LLC's data plan(s) and any other data service provided and sold to the Customer.
2. GENERAL TERMS:
2.1. These Terms govern the sale and use of BackApp.
2.2. BackApp allows the Customer to learn variety of short programs designed to enhance your well-being and boost your productivity.
2.3. BackApp acts as catalog of general gymnastic exercises with recommendations of execution.
2.4. KODE LLC does not provide a medical care or treatment, nor fitness training recommendations through BackApp and content.
2.5. The titles and Definitions of these Terms are for convenience, facilitation and ease of reference only and shall not be used in any way to construe or interpret the Terms.
2.6. KODE LLC reserves the right to change, amend or update these Terms at any time, with or without prior
notification to Customers, by publishing information about changes and amendments at https://backapp-fitness.pro/ or by push-notifications. The prior notification is applied to any significant change to the Terms and is not applied to changes, updates and/or amendments, concerning the additional functions and services of the KODE LLC, or other changes, amendments and updates, which, by the reasonable opinion of KODE LLC, does not reduce rights and/or increase the liabilities of Customers. Such changes, updates and amendments will take effect immediately, without prior notification to Customers.
2.7. Changes, amendments and updates are in force on the date they are published. Changes, amendments and updates are dated, and the date is displayed at the end of such a document as an “Effective Date”.
2.8. If You do not agree with these Terms, or their changes, amendments or updates, You shall stop the use of the BackApp immediately. Commencing and continuing to use of the BackApp and/or Services shall clearly mean Customer’s acceptance of these.
2.1. These Terms govern the sale and use of BackApp.
2.2. BackApp allows the Customer to learn variety of short programs designed to enhance your well-being and boost your productivity.
2.3. BackApp acts as catalog of general gymnastic exercises with recommendations of execution.
2.4. KODE LLC does not provide a medical care or treatment, nor fitness training recommendations through BackApp and content.
2.5. The titles and Definitions of these Terms are for convenience, facilitation and ease of reference only and shall not be used in any way to construe or interpret the Terms.
2.6. KODE LLC reserves the right to change, amend or update these Terms at any time, with or without prior
notification to Customers, by publishing information about changes and amendments at https://backapp-fitness.pro/ or by push-notifications. The prior notification is applied to any significant change to the Terms and is not applied to changes, updates and/or amendments, concerning the additional functions and services of the KODE LLC, or other changes, amendments and updates, which, by the reasonable opinion of KODE LLC, does not reduce rights and/or increase the liabilities of Customers. Such changes, updates and amendments will take effect immediately, without prior notification to Customers.
2.7. Changes, amendments and updates are in force on the date they are published. Changes, amendments and updates are dated, and the date is displayed at the end of such a document as an “Effective Date”.
2.8. If You do not agree with these Terms, or their changes, amendments or updates, You shall stop the use of the BackApp immediately. Commencing and continuing to use of the BackApp and/or Services shall clearly mean Customer’s acceptance of these.
3. USE OF BackApp AND SERVICES:
3.1. BackApp and Services may only be sold to and used by persons 18 years old and above. You as the Customer are liable for the compliance to such terms. If the laws of the state of Your permanent residence provide for a different age of majority, then You, starting and continuing to use BackApp and Services, guarantee that You are of the age of majority according to the laws of Your state.
3.2. Compliance with Laws: Customers must comply with all applicable laws and regulations of the country in which the BackApp use is commenced. KODE LLC is not responsible for Customers' failure to comply with such laws.
3.3. You are responsible for maintaining the security and confidentiality of Your Account, Login, Password, and for any activities occurring from Your Account.KODE LLC reserves the right to refuse registration or cancel any Account if it deems inappropriate. You hereby agree that KODE LLC shall not be liable for any direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever arising from Your failure to comply with this Article.
3.4. You have to notify KODE LLC immediately of any unauthorized use of Your Account, Login or Password or any other violation of Your security. You are responsible for all charges to Your Account until You notify KODE LLC of such circumstances.
3.5. You unconditionally agree that all activities (including, but not limited to activities that directly or indirectly affine to accepting these Terms, their changes, amendments and updates, making orders, and payments) that occur under Your Account will be deemed to have been performed wittingly, directly and by You. You are purely and solely responsible for activities that arise from Your Account, unless these activities are the result of Events of Force Majeure.
3.6. You may request the termination of your Account at any time by submitting a request to https://backapp-fitness.pro/. Upon termination, KODE LLC shall disconnect your access to Services and/or BackApp.
3.7. KODE LLC may at any time and in its reasonable discretion, impose limitations on, suspend or terminate Your Account and use of the BackApp and Services without being liable to You for damages and results, in case of Your failure to comply with the aforesaid requirements.
3.1. BackApp and Services may only be sold to and used by persons 18 years old and above. You as the Customer are liable for the compliance to such terms. If the laws of the state of Your permanent residence provide for a different age of majority, then You, starting and continuing to use BackApp and Services, guarantee that You are of the age of majority according to the laws of Your state.
3.2. Compliance with Laws: Customers must comply with all applicable laws and regulations of the country in which the BackApp use is commenced. KODE LLC is not responsible for Customers' failure to comply with such laws.
3.3. You are responsible for maintaining the security and confidentiality of Your Account, Login, Password, and for any activities occurring from Your Account.KODE LLC reserves the right to refuse registration or cancel any Account if it deems inappropriate. You hereby agree that KODE LLC shall not be liable for any direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever arising from Your failure to comply with this Article.
3.4. You have to notify KODE LLC immediately of any unauthorized use of Your Account, Login or Password or any other violation of Your security. You are responsible for all charges to Your Account until You notify KODE LLC of such circumstances.
3.5. You unconditionally agree that all activities (including, but not limited to activities that directly or indirectly affine to accepting these Terms, their changes, amendments and updates, making orders, and payments) that occur under Your Account will be deemed to have been performed wittingly, directly and by You. You are purely and solely responsible for activities that arise from Your Account, unless these activities are the result of Events of Force Majeure.
3.6. You may request the termination of your Account at any time by submitting a request to https://backapp-fitness.pro/. Upon termination, KODE LLC shall disconnect your access to Services and/or BackApp.
3.7. KODE LLC may at any time and in its reasonable discretion, impose limitations on, suspend or terminate Your Account and use of the BackApp and Services without being liable to You for damages and results, in case of Your failure to comply with the aforesaid requirements.
4. PURCHASE AND ACTIVATION
4.1. KODE LLC may restrict the availability of subscriptions to some countries. Customers can browse, select and purchase subscriptions on the BackApp.
4.2. On purchase, customers must download the BackApp onto the customer device in order for the data plans to be configured as per your order. The downloaded content shall continue to remain on your device after credit has been expended or your plan has expired.
4.3. To implement Service, the customer must first download the BackApp, then activate the subscription in order for service to commence. This downloading BackApp and the activation of the plans may require stable internet connection.
4.4. Indirect Taxes means sales tax, value-added tax, and any similar levies or taxes imposed by government entities at the time of sale of Subscription.
4.5. All the payments in connection with BackApp shall be made in advance.
4.6. You may accept Automatic Recurring Billing (automatic fixed payments) by selecting the respective
option in Your Account. BackApp offers its Customers the opportunity to set up a Continuous Payment Authority, whereby Customers can safely and securely provide their credit card details and KODE LLC will take the payment following the parameters laid out by the Customers.
4.7. KODE LLC will take fixed payment, as you repeat your purchase. Payments can run indefinitely or over a fixed period.
4.8. An agreement can be canceled by Customer at any time.
4.9. You may cancel Automatic Recurring Billing at any time.
4.10. Online Purchase or Top-Up: by making Your first online purchase or Top-Up transaction,
4.11. You give Your consent and authorize KODE LLC to automatically debit the credit card (or other
authorized payment method) used for the first purchase or Top-Up for any future purchases or Top-Up of
the same Subscription.
4.1. KODE LLC may restrict the availability of subscriptions to some countries. Customers can browse, select and purchase subscriptions on the BackApp.
4.2. On purchase, customers must download the BackApp onto the customer device in order for the data plans to be configured as per your order. The downloaded content shall continue to remain on your device after credit has been expended or your plan has expired.
4.3. To implement Service, the customer must first download the BackApp, then activate the subscription in order for service to commence. This downloading BackApp and the activation of the plans may require stable internet connection.
4.4. Indirect Taxes means sales tax, value-added tax, and any similar levies or taxes imposed by government entities at the time of sale of Subscription.
4.5. All the payments in connection with BackApp shall be made in advance.
4.6. You may accept Automatic Recurring Billing (automatic fixed payments) by selecting the respective
option in Your Account. BackApp offers its Customers the opportunity to set up a Continuous Payment Authority, whereby Customers can safely and securely provide their credit card details and KODE LLC will take the payment following the parameters laid out by the Customers.
4.7. KODE LLC will take fixed payment, as you repeat your purchase. Payments can run indefinitely or over a fixed period.
4.8. An agreement can be canceled by Customer at any time.
4.9. You may cancel Automatic Recurring Billing at any time.
4.10. Online Purchase or Top-Up: by making Your first online purchase or Top-Up transaction,
4.11. You give Your consent and authorize KODE LLC to automatically debit the credit card (or other
authorized payment method) used for the first purchase or Top-Up for any future purchases or Top-Up of
the same Subscription.
5. DURATION AND TERMINATION
5.1. Term of subscription shall commence immediately following a successful download of BackApp and activation of the subscription associated with your Account.
5.2. The duration of the access to content will be as per the terms of the subscription purchased.
5.3. Access to content will be limited either on expiration of subscription term or by Your will expressed in
deleting the Account.
5.4. Unused term of subscription is not forfeited.
5.1. Term of subscription shall commence immediately following a successful download of BackApp and activation of the subscription associated with your Account.
5.2. The duration of the access to content will be as per the terms of the subscription purchased.
5.3. Access to content will be limited either on expiration of subscription term or by Your will expressed in
deleting the Account.
5.4. Unused term of subscription is not forfeited.
6. REFUND
6.1. Customers will be charged upon the purchase of corresponding subscription.
6.2. Refunding of subscription purchase is regulated by Return and Refund policy published at https://backapp-fitness.pro/.
6.1. Customers will be charged upon the purchase of corresponding subscription.
6.2. Refunding of subscription purchase is regulated by Return and Refund policy published at https://backapp-fitness.pro/.
7. CUSTOMER’S WARRANTIES AND GENERAL OBLIGATIONS:
In addition to the obligations and warranties of Customer, set forth in other Clauses of these Terms, by accepting these Terms:
7.1. You shall use the BackApp and its Services in compliance with these Terms and all applicable laws/legal acts (including but not limited to policies and laws related to personal data, intellectual property right and other civil right protection, policies and laws regulating civil and commercial deeds, policies and laws related to data spamming, privacy, obscenity, or defamation);
7.2. You shall NOT use the BackApp Application and Services in other means and ways and for other purposes than provided by Product and/or defined in these Terms;
7.3. You shall NOT copy the code, not adapt, not reverse engineer, not decompile, not disassembly or not attempt to modify or copy the source code of the BackApp Application and Services. The Customer will not allow the BackApp or the Services to be used by, or disclose all or any part of the e-sim or the Services to any person except the Customer. Any such attempt will be considered a violation of intellectual property right and might result in prosecution;
7.4. You shall NOT: be subjected to any sanctions or other legal restrictions in using BackApp enacted by any country, international organization or jurisdiction; commit or encourage a crime, felony, administrative offense, misdemeanor or other unlawful activities or wrongdoings, including, but not limited with causing annoyance to or defraud BackApp and any other person, engage, participate in or perform such actions as: spamming, distributing of unsolicited email, unsolicited advertisement and
promotional information, transmitting or distributing a virus or other technologically harmful, destructive, malicious, spying, offensive or obscene material, programs and/or codes, harmful agent or mechanism, that is designed to disrupt functionality, harm, disable or collect information, or post any other material which is malicious, technologically harmful, or in any way offensive or obscene; attempting to affect the performance or functionality of any BackApp Application and and Services.
In addition to the obligations and warranties of Customer, set forth in other Clauses of these Terms, by accepting these Terms:
7.1. You shall use the BackApp and its Services in compliance with these Terms and all applicable laws/legal acts (including but not limited to policies and laws related to personal data, intellectual property right and other civil right protection, policies and laws regulating civil and commercial deeds, policies and laws related to data spamming, privacy, obscenity, or defamation);
7.2. You shall NOT use the BackApp Application and Services in other means and ways and for other purposes than provided by Product and/or defined in these Terms;
7.3. You shall NOT copy the code, not adapt, not reverse engineer, not decompile, not disassembly or not attempt to modify or copy the source code of the BackApp Application and Services. The Customer will not allow the BackApp or the Services to be used by, or disclose all or any part of the e-sim or the Services to any person except the Customer. Any such attempt will be considered a violation of intellectual property right and might result in prosecution;
7.4. You shall NOT: be subjected to any sanctions or other legal restrictions in using BackApp enacted by any country, international organization or jurisdiction; commit or encourage a crime, felony, administrative offense, misdemeanor or other unlawful activities or wrongdoings, including, but not limited with causing annoyance to or defraud BackApp and any other person, engage, participate in or perform such actions as: spamming, distributing of unsolicited email, unsolicited advertisement and
promotional information, transmitting or distributing a virus or other technologically harmful, destructive, malicious, spying, offensive or obscene material, programs and/or codes, harmful agent or mechanism, that is designed to disrupt functionality, harm, disable or collect information, or post any other material which is malicious, technologically harmful, or in any way offensive or obscene; attempting to affect the performance or functionality of any BackApp Application and and Services.
8. LIABILITY AND TERMINATION:
8.1. The Customer shall be fully responsible for the use of the BackApp and under no circumstances shall KODE LLC be liable for any loss, expenses, or damages incurred or suffered by the Customer resulting from the Customer's misuse, fraud or non-conforming use of the BackApp.
8.2. In any case, when You violate these Terms and/or law/legal acts and other legal regulations, or if KODE LLC has reasonable grounds to believe, that You are in violation of any term, obligation, and/or warranty, set forth in these Terms and/or applicable law/legal acts, KODE LLC has the right in its own discretion to apply such penalties, preventive and punitive actions and disciplinary sanctions, as it deems appropriate:
● suspend or terminate Your Account and terminate the Agreement;
● restrict, suspend or terminate the access and use of any BackApp instance;
● impose other restrictions on Your use of any features or functions of BackApp and other Products.
8.3. BackApp shall clear the Customer’s balance, if Customer activity seems malicious swiping and exists the risk receiving fraudulent payment of accounts.
8.4. KODE LLC shall terminate the agreement and close/suspend the Account of the Customer and disconnect the Customer's access to Services and/or Products, if:
● The Customer abuses BackApp by improper usage, including for illegal or unethical purposes;
● Any of the information provided by the Customer upon installing the BackApp or purchasing the
subscription is found to be false or unauthorized or in case of invalid identification data;
● The Customer breaches any of the Customer's obligations under these Terms, including Privacy Policy.
8.5. KODE LLC reserves the right to cooperate fully with governmental authorities and other authorized persons in the investigation of any suspected criminal, administrative or civil wrongdoing. Further, as it is set forth in other Clauses of these Terms, in case of any violation of law /legal acts and other legal regulations, KODE LLC may and will disclose Your identity and contact information, requested by a state, governmental institutions, law enforcement body, court or other authorized institution or organization. KODE LLC shall not be liable for Your direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever or results arising from such information disclosure, and Customer agrees not to bring any action or claim against KODE LLC for such disclosure.
8.6. KODE LLC should terminate Account, Services and Agreement in case if required by state, governmental institutions, law enforcement body, court or other authorized institution or organization.
8.7. KODE LLC is not liable for Your direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever, and other results of the penalties, preventive and punitive actions, and disciplinary sanctions, applied to You by KODE LLC in connection with Your violation.
8.1. The Customer shall be fully responsible for the use of the BackApp and under no circumstances shall KODE LLC be liable for any loss, expenses, or damages incurred or suffered by the Customer resulting from the Customer's misuse, fraud or non-conforming use of the BackApp.
8.2. In any case, when You violate these Terms and/or law/legal acts and other legal regulations, or if KODE LLC has reasonable grounds to believe, that You are in violation of any term, obligation, and/or warranty, set forth in these Terms and/or applicable law/legal acts, KODE LLC has the right in its own discretion to apply such penalties, preventive and punitive actions and disciplinary sanctions, as it deems appropriate:
● suspend or terminate Your Account and terminate the Agreement;
● restrict, suspend or terminate the access and use of any BackApp instance;
● impose other restrictions on Your use of any features or functions of BackApp and other Products.
8.3. BackApp shall clear the Customer’s balance, if Customer activity seems malicious swiping and exists the risk receiving fraudulent payment of accounts.
8.4. KODE LLC shall terminate the agreement and close/suspend the Account of the Customer and disconnect the Customer's access to Services and/or Products, if:
● The Customer abuses BackApp by improper usage, including for illegal or unethical purposes;
● Any of the information provided by the Customer upon installing the BackApp or purchasing the
subscription is found to be false or unauthorized or in case of invalid identification data;
● The Customer breaches any of the Customer's obligations under these Terms, including Privacy Policy.
8.5. KODE LLC reserves the right to cooperate fully with governmental authorities and other authorized persons in the investigation of any suspected criminal, administrative or civil wrongdoing. Further, as it is set forth in other Clauses of these Terms, in case of any violation of law /legal acts and other legal regulations, KODE LLC may and will disclose Your identity and contact information, requested by a state, governmental institutions, law enforcement body, court or other authorized institution or organization. KODE LLC shall not be liable for Your direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever or results arising from such information disclosure, and Customer agrees not to bring any action or claim against KODE LLC for such disclosure.
8.6. KODE LLC should terminate Account, Services and Agreement in case if required by state, governmental institutions, law enforcement body, court or other authorized institution or organization.
8.7. KODE LLC is not liable for Your direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever, and other results of the penalties, preventive and punitive actions, and disciplinary sanctions, applied to You by KODE LLC in connection with Your violation.
9. NO WARRANTIES:
9.1. All products and/or services provided by BackApp Application are provided "as is" and "with all faults," and KODE LLC expressly disclaims all other warranties of any kind or nature, whether express, implied or statutory, including, but not limited to, any warranties of operability, condition, title, non-infringement, non-interference, quiet enjoyment, value, accuracy of data, or quality, as well as any warranties of merchantability, system integration, workmanship, suitability, fitness for a particular purpose, or the absence of any defects therein, whether latent or patent.
9.2. The products and services provided by BackApp Application are not fault-tolerant and are not a method
or mean to provide medical services. To get qualified medical care and prescriptions for the treatment of diseases and health disorders, consult a doctor. Accordingly, KODE LLC disclaims any express or implied warranty of fitness for high risk activities. Customers agrees that KODE LLC shall not be liable for any claims or damages arising from or related to the use of BackApp Application in high risk activities or similar applications.
9.3. If you suffer from a chronic disease of the musculoskeletal system, cardiovascular system, or from the effects of injury and/or surgery, consult your doctor before using the content of the BackApp application.
9.1. All products and/or services provided by BackApp Application are provided "as is" and "with all faults," and KODE LLC expressly disclaims all other warranties of any kind or nature, whether express, implied or statutory, including, but not limited to, any warranties of operability, condition, title, non-infringement, non-interference, quiet enjoyment, value, accuracy of data, or quality, as well as any warranties of merchantability, system integration, workmanship, suitability, fitness for a particular purpose, or the absence of any defects therein, whether latent or patent.
9.2. The products and services provided by BackApp Application are not fault-tolerant and are not a method
or mean to provide medical services. To get qualified medical care and prescriptions for the treatment of diseases and health disorders, consult a doctor. Accordingly, KODE LLC disclaims any express or implied warranty of fitness for high risk activities. Customers agrees that KODE LLC shall not be liable for any claims or damages arising from or related to the use of BackApp Application in high risk activities or similar applications.
9.3. If you suffer from a chronic disease of the musculoskeletal system, cardiovascular system, or from the effects of injury and/or surgery, consult your doctor before using the content of the BackApp application.
10. LIMITATIONS OF LIABILITY:
10.1. In no event shall KODE LLC be liable under any legal theory: to Customer for any incidental, consequential, special, punitive, exemplary or indirect damages, or for any lost profits, even if advised of the possibility of the same, however caused and regardless of theory of liability, whether tort, contract, or strict liability, to Customer or any third party for damages relating to personal injury caused by installation or use of BackApp, or for any damages the Customer may suffer from or in connection with the use or inability to use the BackApp, including the inability to make emergency service calls.
10.2. KODE LLC's total aggregate liability for any other damages asserted by Customer shall be limited to Customer's actual damages caused by BackApp or service purchased, licensed, or used under this agreement, and shall in no event exceed the amounts paid to KODE LLC by Customer for the three months preceding for non-top-up service or the last top-up service from the date of claim by Customer, under the applicable schedule for the specific product or service that are the subject of Customer's claim against KODE LLC.
10.3. KODE LLC is not liable for and is not required to perform technical support with respect to problems caused by third party products.
10.4. The above limitation includes, but is not limited to, damages resulting from loss or theft of data, transmission delays or failures, service interruptions, unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if KODE LLC has been advised of, or is aware of, the possibilities of such damages.
10.5. KODE LLC disclaims any and all liability for “unsuccessful payments” charged from your credit card /and or other payment method, if “unsuccessful payment” reasons are:
● expired card or incorrect card number;
● the card declined based on location;
● there aren’t sufficient funds on card;
● the card is over its limit;
● the card is blocked by the bank’s fraud system;
● other errors on the side of the Customer or Customer`s bank.
10.6. Where a state does not allow the disclaimer or limitation of damages relating to personal injury, the above disclaimers and limitations of liability shall not be construed in that state as disclaiming or limiting damages to personal injury.
10.1. In no event shall KODE LLC be liable under any legal theory: to Customer for any incidental, consequential, special, punitive, exemplary or indirect damages, or for any lost profits, even if advised of the possibility of the same, however caused and regardless of theory of liability, whether tort, contract, or strict liability, to Customer or any third party for damages relating to personal injury caused by installation or use of BackApp, or for any damages the Customer may suffer from or in connection with the use or inability to use the BackApp, including the inability to make emergency service calls.
10.2. KODE LLC's total aggregate liability for any other damages asserted by Customer shall be limited to Customer's actual damages caused by BackApp or service purchased, licensed, or used under this agreement, and shall in no event exceed the amounts paid to KODE LLC by Customer for the three months preceding for non-top-up service or the last top-up service from the date of claim by Customer, under the applicable schedule for the specific product or service that are the subject of Customer's claim against KODE LLC.
10.3. KODE LLC is not liable for and is not required to perform technical support with respect to problems caused by third party products.
10.4. The above limitation includes, but is not limited to, damages resulting from loss or theft of data, transmission delays or failures, service interruptions, unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if KODE LLC has been advised of, or is aware of, the possibilities of such damages.
10.5. KODE LLC disclaims any and all liability for “unsuccessful payments” charged from your credit card /and or other payment method, if “unsuccessful payment” reasons are:
● expired card or incorrect card number;
● the card declined based on location;
● there aren’t sufficient funds on card;
● the card is over its limit;
● the card is blocked by the bank’s fraud system;
● other errors on the side of the Customer or Customer`s bank.
10.6. Where a state does not allow the disclaimer or limitation of damages relating to personal injury, the above disclaimers and limitations of liability shall not be construed in that state as disclaiming or limiting damages to personal injury.
11. CHANGES IN REGULATION:
11.1. If new regulations are imposed upon KODE LLC, then the Customer hereby acknowledges that KODE LLC is authorized to make changes to these Terms that reflect the new regulations and will post such changes via BackApp Application.
11.2. If any competent authority holds any term, condition or provision (or part of term, condition or provision) of these Terms, their changes, updates and amendments to be illegal, invalid, or otherwise unenforceable, or any term, condition or provision (or part of term, condition or provision) of these Terms, their changes, updates and amendments becomes illegal, invalid, or otherwise unenforceable due to the changes or amendments in applicable law, the remaining provisions (or portion of term, condition or provision) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
11.1. If new regulations are imposed upon KODE LLC, then the Customer hereby acknowledges that KODE LLC is authorized to make changes to these Terms that reflect the new regulations and will post such changes via BackApp Application.
11.2. If any competent authority holds any term, condition or provision (or part of term, condition or provision) of these Terms, their changes, updates and amendments to be illegal, invalid, or otherwise unenforceable, or any term, condition or provision (or part of term, condition or provision) of these Terms, their changes, updates and amendments becomes illegal, invalid, or otherwise unenforceable due to the changes or amendments in applicable law, the remaining provisions (or portion of term, condition or provision) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
12. CONSENT OF THE CUSTOMER:
12.1. Upon opening an account with BackApp, such person becomes the Customer who has expressly consented to allow KODE LLC to collect, process, use, and retain the Customer's personal information according to these Terms and those within KODE LLC's Privacy Policy.
12.2. If you do not want to agree to our Terms and/or Privacy Policy, please do not use BackApp Application, or any of KODE LLC's offerings via BackApp Application. KODE LLC recognizes the consent that you, the Customer, had expressly provided us upon the opening of your BackApp account and/or when you use KODE LLC Products. KODE LLC does not share your personal information – please refer to our Privacy Policy for details regarding sharing information with third-parties.
12.3. The Customer may request the deletion of their Account at any time by submitting a request to: https://backapp-fitness.pro/.
12.4. KODE LLC is committed to providing our Customers to BackApp with a great experience but also protecting our rights and the rights of all of our Customers. KODE LLC takes the Customer's privacy seriously.
12.1. Upon opening an account with BackApp, such person becomes the Customer who has expressly consented to allow KODE LLC to collect, process, use, and retain the Customer's personal information according to these Terms and those within KODE LLC's Privacy Policy.
12.2. If you do not want to agree to our Terms and/or Privacy Policy, please do not use BackApp Application, or any of KODE LLC's offerings via BackApp Application. KODE LLC recognizes the consent that you, the Customer, had expressly provided us upon the opening of your BackApp account and/or when you use KODE LLC Products. KODE LLC does not share your personal information – please refer to our Privacy Policy for details regarding sharing information with third-parties.
12.3. The Customer may request the deletion of their Account at any time by submitting a request to: https://backapp-fitness.pro/.
12.4. KODE LLC is committed to providing our Customers to BackApp with a great experience but also protecting our rights and the rights of all of our Customers. KODE LLC takes the Customer's privacy seriously.
13. FORCE MAJEURE:
13.1. KODE LLC shall be excused from performance of its obligations under these Terms or Agreement if such a failure to perform results from:
● compliance with any requirement of applicable law, regulation, or judicial order;
● any act of God, fire, explosion, flood, strike, embargo, terrorist attack, war, insurrection, or riot;
● shortage of, or inability to obtain, appropriate labor, fuel, power, or raw materials;
● any failure or malfunction of Customer's equipment, or of any equipment or services used by or otherwise provided to Customer by a third-party provider;
● or without limiting the foregoing, any other cause beyond the reasonable control of the excused Party, whether of the class of causes herein before enumerated or not (each of individually being a "Force Majeure Event")
13.2. Any delay resulting from a Force Majeure Event shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable under the circumstances.
13.1. KODE LLC shall be excused from performance of its obligations under these Terms or Agreement if such a failure to perform results from:
● compliance with any requirement of applicable law, regulation, or judicial order;
● any act of God, fire, explosion, flood, strike, embargo, terrorist attack, war, insurrection, or riot;
● shortage of, or inability to obtain, appropriate labor, fuel, power, or raw materials;
● any failure or malfunction of Customer's equipment, or of any equipment or services used by or otherwise provided to Customer by a third-party provider;
● or without limiting the foregoing, any other cause beyond the reasonable control of the excused Party, whether of the class of causes herein before enumerated or not (each of individually being a "Force Majeure Event")
13.2. Any delay resulting from a Force Majeure Event shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable under the circumstances.
14. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP, APPLICATION LICENSE:
14.1. Nothing in these Terms or Agreement or in the Parties' course of dealing or performance hereunder shall transfer, assign, or grant to, or be claimed to transfer, assign, or grant any right, title, or interest in, or expressly or impliedly license, including by estoppel, statutory operation, or otherwise, other than as expressly granted, any Intellectual Property Rights of KODE LLC, its partners or any third party. KODE LLC and its partners and licensors reserve all rights thereto, except the limited rights expressly granted to Customer hereunder.
14.2. All intellectual property rights in BackApp Application, Content and Services belong to KODE LLC. The purchase or use of BackApp and/or subscription by the Customer does not imply any transfer of intellectual property rights from KODE LLC. The Customer shall not engage in any act or omission that would impair the Intellectual Property Rights of KODE LLC or its Affiliates or licensors in any content
or service. For use of KODE LLC Trademarks and Brand, please request our Terms of Use and we will
provide Trademarks and Brand Use of Guidelines.
14.3. KODE LLC declares a zero-tolerance policy towards Customers that violates Intellectual Property
Rights. Any unauthorized copying, publication, reproduction or distribution of KODE LLC and/or third Party’s Intellectual Property is prohibited and is the subject of Customers liability, as set in these Terms, applicable law and legal acts.
14.1. Nothing in these Terms or Agreement or in the Parties' course of dealing or performance hereunder shall transfer, assign, or grant to, or be claimed to transfer, assign, or grant any right, title, or interest in, or expressly or impliedly license, including by estoppel, statutory operation, or otherwise, other than as expressly granted, any Intellectual Property Rights of KODE LLC, its partners or any third party. KODE LLC and its partners and licensors reserve all rights thereto, except the limited rights expressly granted to Customer hereunder.
14.2. All intellectual property rights in BackApp Application, Content and Services belong to KODE LLC. The purchase or use of BackApp and/or subscription by the Customer does not imply any transfer of intellectual property rights from KODE LLC. The Customer shall not engage in any act or omission that would impair the Intellectual Property Rights of KODE LLC or its Affiliates or licensors in any content
or service. For use of KODE LLC Trademarks and Brand, please request our Terms of Use and we will
provide Trademarks and Brand Use of Guidelines.
14.3. KODE LLC declares a zero-tolerance policy towards Customers that violates Intellectual Property
Rights. Any unauthorized copying, publication, reproduction or distribution of KODE LLC and/or third Party’s Intellectual Property is prohibited and is the subject of Customers liability, as set in these Terms, applicable law and legal acts.
15. APPLICATION LICENSE
15.1. We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable limited right to install and use the Application on wireless electronic devices owned or controlled by you, and to access and use the Application on such devices strictly in accordance with the terms of this license.You shall not: decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; violate any applicable laws, rules, or regulations in connection with your access or use of the application; remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; make the application available over a network or other environmental permitting access or use by multiple devices or Customers at the same time; 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; use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or 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.
15.2. The following terms apply when you download the Application from either the Apple Store or Google Play (each an “App Distributor”) and then access the Application: the license granted to you for the 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; we are responsible for providing any maintenance and support services with respect to the Application as specified in these Terms and Conditions 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 Application; in the event of any failure of the 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 Application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Application; you represent and warrant that 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; you must comply with applicable third-party terms of agreement when using the 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 Application; and you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this license, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms of this license against you as a third-party beneficiary thereof.
15.1. We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable limited right to install and use the Application on wireless electronic devices owned or controlled by you, and to access and use the Application on such devices strictly in accordance with the terms of this license.You shall not: decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; violate any applicable laws, rules, or regulations in connection with your access or use of the application; remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; make the application available over a network or other environmental permitting access or use by multiple devices or Customers at the same time; 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; use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or 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.
15.2. The following terms apply when you download the Application from either the Apple Store or Google Play (each an “App Distributor”) and then access the Application: the license granted to you for the 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; we are responsible for providing any maintenance and support services with respect to the Application as specified in these Terms and Conditions 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 Application; in the event of any failure of the 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 Application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Application; you represent and warrant that 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; you must comply with applicable third-party terms of agreement when using the 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 Application; and you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this license, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms of this license against you as a third-party beneficiary thereof.
16. JURISDICTION AND ARBITRATION:
16.1. These Terms shall be interpreted, governed by and construed in accordance with the laws of the United Arab Emirates.
16.2. Any dispute, controversy, or claim arising out of, or in relation to the service, including the validity, invalidity, breach, or termination thereof, shall be resolved by the UAE courts.
16.1. These Terms shall be interpreted, governed by and construed in accordance with the laws of the United Arab Emirates.
16.2. Any dispute, controversy, or claim arising out of, or in relation to the service, including the validity, invalidity, breach, or termination thereof, shall be resolved by the UAE courts.