Mobile App Terms Of Use and Privacy Policy

MoonRun Mobile App Terms Of Use And Privacy Policy

  • General
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        1. "MoonRun", an indoor aerobic device, embedded with movement sensors to provide an immersive aerobic experience (the "Product"), which also allows an online and mobile social application for iPhone and Android users (the "Application") which enable a convenient use of the Product ("Service").
        2. The Product and the Application are subject to the following terms of use contained within this agreement (the "Terms of Use"), which should be read carefully by you ("User" or "You").
        3. Please note that these Terms of Use constitute legally binding agreement between You and the Harmony Time Ltd. (the "Company") - the developer, creator and owner of the Product.
  • Definitions
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        1. "Account" shall mean a personal account opened by a User via the Application in connection with the use of the Product.
        2. "Illegal Actions" shall mean illegal, unlawful, fraudulent or other improper activities (including, but not limited to, (i) collusion between Users, (ii) sale, transfer and/or acquiring Accounts from other Users, (iii) breaking into the Application or attempting to do the same.
        3. "User" shall mean any individual who opens an Account with the Company.
        4. "We", "Our" or "Us" shall mean the Company, and/or any subsidiaries, shareholders, affiliates, employees, directors, officers, agents, consultants, suppliers and contractors of the Company.
        5. "You" or "Your" shall mean any User on the Application.
  • Subordination to the Terms of Use and the Binding Effect Thereof
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    Anyone who uses the Product, or anyone registered to the Application and/or Services, accepts upon himself/herself, in free will and consent, the Terms of Use.

  • Who can Use the Product and Services
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    Using the Product and the Services is permitted solely if You comply with all of the following:

          • You are a natural person;
          • You must be at least 18 years old; or if you are under the age of 18, with the supervision of an adult.
          • You do not violate any law or regulation as a result of using the Services, or as a result of participation in any other activity offered by the Application or the Product.
  • Safety Procedures
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      1. The Product is used mainly for physical training and aerobic experience.
      2. Please note that if you have any medical conditions, or you are uncertain whether you can engage in any physical exercise, you should consult your doctor prior to the use of the Product and/or Application.
      3. You should not use the Product if you are any of the following:
      • Pregnant;
      • Have any heart condition;
      • stability problems;
      • When using the Product you must ensure that you:
      • Have sufficient surrounding area;
      • Install and connect the Product correctly (locked the door on which the product is installed, if applicable);
      • Cleared all items in your surrounding that might interfere with your exercise;
      • Make sure that the floor surface is not slipperyExercise with shoes suitable for running.
      • The Company is not responsible for any health problems, damage or injury that may result from using the Product and/or the Application and cannot guarantee that you are able to train.
      • By accepting these Terms of Use, you confirm that you are solely responsible for your health and if you engage in any exercise using the Product and/or Application, you agree that you do so at your own risk.
    • Application Registration & Operation
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        1. The use of some of the Services and features of the Application requires registration and/or linking and use of a social network account (such as Facebook and Google accounts); You may register to the Application by registering your email, or you may register via Facebook or Google.
        2. You shall be fully and solely responsible to reserve in confidentiality Your Account and not to transfer your Account details to another. The full responsibility for an unauthorized use of Your Account lies solely with You.
        3. By opening an Account, You hereby represent, warrant, acknowledge and undertake, towards the Company, that (a) Your Account is for Your personal use only and not on behalf of any third party, and that You may only open a single Account on the Application, (b) You are at least 18 years old, or your account is monitored by an adult. (c) it is Your responsibility to read and comprehend the rules and procedures and that You fully understand these rules and procedures, (d) You will use the Services in good faith towards the Company and others using the Services, (e) the Company may at its sole discretion, open, maintain and/or close Your Account, and (f) You shall be solely responsible for maintaining the confidentiality of Your Account, and for any and all actions taken in connection with Your Account.
        4. You may not damage, disable, overburden or impair the Services. You may not: (a) upload any content to the Application that is libelous, defamatory, offensive, threatening, abusive, hateful, objectionable, harassing, sexually explicit, obscene, illegal, or that infringes or violates any intellectual property rights of any person or otherwise violates the law, (b) use any automated means to access or use the Services or copy or scrape data from the Services, (c) bypass any measure the Company may use to prevent or restrict access to the Application or any of the Services, (d) fraudulently manipulate the Services in any way.
      • Warranty
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          1. The Product shall be free from defects in materials and workmanship under normal use for a period of 6 months as of the purchase date (the "Warranty Period"), except for electronic components which will have a Warranty Period of 12 months. The Application does not have any warranty period whatsoever.
          2. If such a defect arises within the Warranty Period, the Company shall either repair the Product at no charge, using new or refurbished replacement parts, or replace the Product with a new Product.
          3. For the avoidance of doubt, this warranty does not cover any problems which result from accident, neglect, modification, abuse or misuse of the product.
        • Powers and Authorities of the Company
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            1. The Company reserves the right to cancel, terminate, modify or suspend the Services if for any reason.
            2. The Company reserves the right to limit, refuse or cancel any act by You or through Your Account.
            3. The Company shall be entitled, at its sole discretion, to amend, modify, or discontinue, from time to time, any of the Services and/or introduce new Services.
            4. The Company shall make reasonable efforts to prevent any malfunctioning in the Application’s activity. The Company shall not be held liable for any and all failures and errors, including but not limited to, technical failures, malfunctions, viruses, bugs, errors, tampering or unauthorized intervention, fraud or any causes which are beyond the control of the Company etc., which You encounter in connection with the Application or the Services.
          • Reservations Concerning the Responsibility of the Company
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              1. THE PRODUCT, APPLICATION AND SERVICES ARE PROVIDED "AS IS", AND WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE).
              2. We shall not be responsible or liable to You in the event of systems or communications errors, bugs or viruses relating to the Services and/or Your Account or which will result in damage to Your hardware and/or software and/or data.
              3. In no event shall We be liable for any direct, indirect, incidental, special or consequential damages or damages for loss of profits, revenue, data or use incurred by You or any third party, whether in an action for contract, tort or any other legal theory, arising from the access to, or use of, the Application, the Services or otherwise, regardless of whether We have been informed of the possibility of such damages.
              4. The Application or Services may provide links to websites and/or applications of third parties. The Company does not control such websites and/or applications, nor the collection and/or processing of Personal Data about you. The Company shall not be responsible for such third parties, nor to their privacy and data protection policies and activities. This Terms of Use does not apply to any actions taken via such websites and/or applications and Your decisions regard the use of them are at Your own risk.
              5. You will indemnify and hold the Company harmless against all direct and indirect claims, liabilities, damages, losses, costs and expenses arising from Your breach of these Terms of Use and/or Your use of the Application and/or Services.
              6. In no event will the Company’s maximum aggregate liability to You pursuant to these Terms of Use shall exceed the aggregate purchase price You paid for the Product or Services.
            • Intellectual Property
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                1. All the rights, including the intellectual property rights (i.e., patents, copyright, trademarks, service marks, logos, trade names, know-how or any other intellectual property right) in and to the Product, Application and the Services, are and shall remain the sole and exclusive property of the Company.
                2. The Company grants you a personal, non-exclusive, non-transferable, non-sublicense able, revocable right to use the Application solely for your personal non-commercial entertainment purposes. No other use of the Application is authorized.
              • Privacy Policy 
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                  1. Access or use of the Application and/or Services may involve the collection, use, analysis, and/or dissemination of information about You and Your use of the Application and/or Services. You understand, acknowledge, and agree that Your creation of an account with the Application and/or access or use of the Application and/or Services constitute consent to the Company’s collection, use and sharing of information regarding You and Your use of the Application and/or Services. The Privacy Policy applies solely to Our use of Your information, and We disclaim all liability in connection with any use by third-parties of any information that You upload or transmit to or through the Application and/or Services.
                  2. The Company collects and process information such as (a) General User Details, including, gender, photo, email, country, city, status, language, last IP, birthdate, sessions Counter, total distance, total duration, longest Duration, max Distance, height, weight (b) Sessions Data, including date time, duration, distance, maxHr, calories, average speed, ghost speed. You acknowledge that any such data or content, collected or provided by the Company, may contain errors, inaccuracy or deviation, and the Company shall not be responsible for the correctness of such data (c) Devices Data, including device ID, custom name, fw version, logs counter, last activity, UUID, operating system version, device type, system and performance information (d) Devices Log, including, speed, movements, device events, charging time etc. (e) Firebase Analytics and Performance such as App events and Performance.
                  3. In addition, when using our Application, we may also use exact information regarding your location, such as GPS information or other phone-related location data (e.g. via WiFi or Bluetooth), after your explicit opt-in.
                  4. We will be happy to answer any question you have regarding collecting and/or using your personal information, deletion and removal of your personal information and provide you with any clarification you require. For this purpose, you can approach Us by sending an email to the following address: info@moonrun.com.
                • Miscellaneous
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                    1. These Terms of Use and the relationship between You and the Company shall be governed by, and construed and interpreted in accordance with, the laws of Israel, excluding its conflict of law rules, and You irrevocably submit to the exclusive jurisdiction of the competent courts of Israel with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms of Use, the Application and/or the Services.
                    2. The Company is entitled to amend these Terms of Use at any time, and to do so according to its absolute and exclusive discretion. Such changes will be posted on the Application and will enter into effect upon such posting.
                    3. The Company may transfer or assign any and all of its rights and obligations hereunder to any third party; without derogating from the above, the Application and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under this Terms of Use.
                    4. We may provide You with notices with respect to or in connection with this Terms of Use in an Email and/or through the Application.
                    5. No failure or delay on Our part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.