HealthgrammiX is licensed to You (End-User) by Engrammic Experiences LLC, for use only under the terms of this License Agreement.
By downloading the Application from the Apple App Store, and any update thereto (as permitted by this License Agreement), you indicate that you agree to be bound by all of the terms and conditions of this License Agreement, and that you accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. HealthgrammiX, not Apple, is solely responsible for the licensed application and the content thereof.
This License Agreement may not provide for usage rules for the application that are in conflict with the latest App Store Terms of Service. HealthgrammiX acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to you are reserved.
By downloading, installing, opening and using the application you release all labially (liabilities) of the owners, developers, operators, and any of its data providers or data collectors for any reason whatsoever. You the user of the application assume any and or all responsibilities for anything you do based on information the application has provided to you. You acknowledge that information provided from the application can be inaccurate, misleading and wrong at times and that the company, operator, developer, and owner are not responsible or liable in any way.
Application
HealthgrammiX (hereinafter: Application) is a piece of software created to help you work with timers for your workouts. – and customized for Apple mobile devices. The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Scope
You are given a non-transferable, non-exclusive, non-sub-licensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the usage rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
This license will also govern any updates of the application provided by Licensor that replace, repair, and/or supplement the first application, unless a separate license is provided for such update in which case the terms of that new license will govern.
You may not share or make the application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Engrammic Experiences LLC’s prior written consent), sell, rent, lend, lease or otherwise redistribute the application.
You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Engrammic Experiences LLC’s prior written consent).
You may not copy (excluding when expressly authorized by this license and the usage rules) or alter the application or portions thereof. You may create and store copies only on devices that you own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages. Licensor reserves the right to modify the terms and conditions of licensing. Nothing in this license should be interpreted to restrict third-party terms. When using the application, you must ensure that you comply with applicable third-party terms and conditions.
Technical
Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update. You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
Maintenance and Support
HealthgrammiX is not obligated, expressed or implied, to provide any maintenance, technical or other support for the application. HealthgrammiX and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed application.
Use of Data
You acknowledge that Licensor will be able to adjust your downloaded licensed Application content and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: Privacy Policy
Liability
Licensor’s responsibility in the case of violation of obligations shall be limited to intent and gross negligence. The limitation mentioned does not apply to injuries to life, limb, or health. Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to this Agreement. To avoid data loss, You are required to make use of your own backups of data. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed application.
Licensor takes no accountability and responsibility in case of Inaccurate or misleading information on the app.
Warranty
No warranty is provided for the application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by yourself or by third parties, or if there are any other reasons outside of HealthgrammiX’s sphere of influence that affect the executability of the Application.
If we confirm that the Application is defective, HealthgrammiX reserves a choice to remedy the situation either by means of solving the defect or substitute delivery through an application update. HealthgrammiX reserves the right to remove the application at any time for any reason.
In the event of any failure of the application to conform to any applicable warranty, you may notify the App Store Operator. To the maximum extent permitted by applicable law, the App Store Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Apple End User License Agreement
By using the application you agree to Apple’s End User Licensing Agreement (EULA)
Changes to these Terms
If we decide to change our terms of use, we will post those changes on this page. It is your responsibility to monitor for changes.