Terms of Use
Last Updated: March 30, 2021
This is x100. x100 is a fitness application (the “Service”) co-developed by Anton Repponen and Astroshock (“we,” “us,” or “our”), and it counts your exercise repetitions, so you can free your mind from counting and concentrate on something else.
By using our Service, you are agreeing to these Terms of Use (the “Terms”) and our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Service.
General Terms
1. You must be at least 13 years old to use the Service (or 16 years old if in EU due to GDPR).
2. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account or any account rights. You agree that you will not create an account for anyone other than yourself. You also agree to provide true, accurate, and current information about yourself.
3. You agree that you will not solicit, collect or use the login credentials of other x100 users.
4. You are responsible for keeping your login credentials secret and secure.
5. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service, including but not limited to, copyright laws.
6. You must not change, modify, adapt or alter the Service or change, modify or alter any website so as to falsely imply that it is associated with the Service or us.
7. You must not access x100’s API by means other than those permitted by the Service.
8. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any x100 page is rendered or displayed in a user’s browser or device.
9. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means.
10. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
11. There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. You expressly acknowledge and agree that we are no way responsible or liable for any such third-party services or features.
12. You agree that you are responsible for all data charges you incur through use of the Service.
13. Although it is our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Rights
1. Subject to your compliance with these Terms, we grant you a limited nonexclusive, nontransferable, nonsublicenseable license to download and install a copy of the x100 application on a mobile device and to run such copy solely for your own personal noncommercial purposes.
2. The x100 name and logo may not be copied, imitated or used, in whole or in part, without the prior written permission from us.
3. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the x100 and its content; (b) distribute, transfer, sublicense, lease, lend, or rent x100 to any third party; (c) reverse engineer, decompile, or disassemble x100; or (d) make the functionality of x100 available to multiple users through any means.
4. We reserve the right to remove any of your content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by us. However, you agree that you will not rely on the Service for the purposes of content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
5. Except as otherwise described in the Service’s Privacy Policy, your content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of your content. You acknowledge and agree that you grant us a nonexclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your content in connection with operating and providing the Service to you and to other users.
6. We reserve all rights in and to the x100 application not expressly granted to you under these Terms.
Termination
1. Violation of these Terms of Use may, in our sole discretion, result in termination of your x100 account.
2. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
3. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, x100 CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER x100 NOR ITS OWNERS, INCLUDING PARENT COMPANIES, ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “x100 PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE x100 CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO x100 OR VIA THE SERVICE. IN ADDITION, THE x100 PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE x100 PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE x100 PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE x100 PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE x100 PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE x100 PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE x100 CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE x100 PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE x100 PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE x100 PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE INJURY, OR DEATH. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE x100 PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE UNITED STATES DOLLAR ($1.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF x100’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE x100 PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE x100 PARTIES.
Changes to Terms of Use
1. We reserve the right, in our sole discretion, to change these Terms (“Updated Terms”) from time to time.
2. Unless we make a change for legal or administrative reasons, we may provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by the email and/or by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Service.
3. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward.
Contact Information
If you have any questions, please send us an email to hi@x100app.com.