Terms and Conditions

Effective date: January 1st, 2025

Android, iOS

Introduction

Thank you for choosing the Parrot Workout Tracker application ("the App"). The App is developed and provided by Lutraha LLC ("we," "us," or "our") for your use and enjoyment. By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and us regarding your use of the App. Your use of the App signifies your acceptance and agreement to these Terms, as well as any additional guidelines or policies referenced herein. If you do not agree to these Terms, you should not access or use the App. It is important to note that these Terms may be updated from time to time without notice. It is your responsibility to review these Terms periodically, as your continued use of the App after any modifications constitutes your acceptance of the revised Terms.

Acceptance of Terms

Your use of the App is subject to these Terms, which include the following:

  • Acceptance and Agreement: By using the App, you accept and agree to be bound by these Terms. If you do not agree with any provision of these Terms, you should discontinue using the App.
  • Modifications: We reserve the right to modify these Terms at any time without prior notice. Your continued use of the App after any modifications will signify your acceptance of the updated Terms.

Intellectual Property

The App and all of its contents, including but not limited to text, graphics, images, logos, icons, software, and audiovisual materials, are the intellectual property of Lutraha LLC or its licensors and are protected by intellectual property laws. You acknowledge and agree that all intellectual property rights associated with the App and its contents are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the App and its contents for personal and non-commercial purposes, in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials from the App without our prior written consent, except for the temporary and automatic caching of materials by your device for the purpose of viewing the App. Any unauthorized use of the App or its contents may violate intellectual property laws and other applicable laws and regulations. We reserve all rights not expressly granted to you in these Terms. If you believe that any content in the App infringes upon your intellectual property rights, please contact us promptly using the contact information provided in these Terms.

User Responsibilities

By using the App, you agree to comply with the following responsibilities:

  • Appropriate Use: You agree to use the App in a lawful and responsible manner. You will not use the App to engage in any activities that violate applicable laws, regulations, or the rights of others. You will not use the App to transmit or distribute any harmful, offensive, or objectionable content.
  • Privacy and Data Protection: You are responsible for maintaining the privacy and security of your personal information while using the App. You acknowledge that the App collects and processes certain personal data as described in the Privacy Policy, and you consent to such collection and processing in accordance with applicable laws and regulations.
  • Compliance with Terms: You agree to comply with these Terms and Conditions and any additional guidelines or policies provided by us within the App. Failure to comply with these terms may result in the termination of your access to the App.
  • Feedback and Suggestions: We welcome your feedback and suggestions regarding the App. However, any feedback or suggestions you provide will be considered non-confidential and non-proprietary. We may use, reproduce, modify, disclose, and distribute such feedback or suggestions without any obligation to you.

Failure to adhere to these user responsibilities may result in the suspension or termination of your access to the App. We reserve the right to take appropriate legal action if your actions violate these Terms or applicable laws.

Prohibited Activities

When using the App, you are strictly prohibited from engaging in the following activities:

  • Unauthorized Use: You will not use the App for any unauthorized or illegal purposes. This includes, but is not limited to, unauthorized access to the App, tampering with the App's functionality, or interfering with the App's operation.
  • Intellectual Property Infringement: You will not infringe upon the intellectual property rights of others while using the App. This includes, but is not limited to, unauthorized copying, distribution, or modification of copyrighted materials, trademarks, or any other proprietary information.
  • Data Manipulation: You will not manipulate or tamper with any data within the App, including but not limited to exercise information, or any other data related to the App's operation. Any attempts to modify, delete, or corrupt data are strictly prohibited.
  • Unauthorized Access: You will not attempt to gain unauthorized access to any accounts, systems, or networks associated with the App. This includes attempting to bypass any security measures or authentication processes.
  • Disruption of Service: You will not engage in any activities that could disrupt or interfere with the proper functioning of the App or its associated services. This includes, but is not limited to, distributing malware, engaging in hacking activities, or conducting denial-of-service attacks.
  • Violation of Laws: You will not use the App in any manner that violates applicable laws, regulations, or the rights of others. This includes, but is not limited to, engaging in illegal activities, promoting violence or hate speech, or engaging in any form of harassment or discrimination.

Any violation of these prohibited activities may result in the immediate termination of your access to the App, as well as potential legal consequences. We reserve the right to take appropriate actions to enforce these terms and protect the rights and integrity of the App and its users. If you have any questions or need further clarification regarding the prohibited activities, please feel free to contact us.

Privacy and Data Collection

We take data protection and user privacy seriously. When you use the App, certain information may be collected and processed in accordance with our Privacy Policy. We encourage you to review the Privacy Policy for more detailed information on how we collect, use, and protect your personal data.

By using the App, you acknowledge and agree that we may collect and process certain data, including but not limited to:

  • Personal Information: We may collect personal information that you voluntarily provide while using the App, such as your name, email address, and other contact details. This information may be used to enhance your experience within the App and communicate with you regarding your use of the App.
  • Usage Data: We may collect certain information about how you use the App, including your interactions with the features and functionalities of the App. This data helps us improve the App, understand user preferences, and optimize the user experience.
  • Device Information: We may collect information about the device you use to access the App, including device type, operating system, and unique device identifiers. This information enables us to provide a customized experience and ensure the compatibility of the App with your device.
  • Analytics and Cookies: We may use analytics tools and cookies to gather information about how you interact with the App. This data helps us analyze user behavior, track App performance, and deliver personalized content and advertisements.

Please note that the collection and processing of data is subject to our Privacy Policy, which provides further details on our data practices, security measures, and your rights as a user. By using the App, you consent to the collection and processing of your data as described in the Privacy Policy.

We are committed to safeguarding your privacy and protecting your personal information in accordance with applicable data protection laws. If you have any questions or concerns regarding data collection and privacy, please contact us or refer to the Privacy Policy for more information.

Third-Party Services

The App may incorporate third-party services, websites, or links that are not directly operated or controlled by us. These third-party services and websites may have their own Terms and Conditions and privacy policies, which are separate and independent from ours. We recommend reviewing the terms and privacy policies of these third parties to understand their practices and how they handle your information.

While we strive to ensure that any third-party services or websites we integrate with the App align with our commitment to user privacy and data protection, we have no control over the content, functionality, or security of these external services. Therefore, we cannot be held responsible for the practices or actions of any third-party services or websites.

Any interaction or engagement with third-party services or websites is solely between you and the respective third party. We encourage you to exercise caution and familiarize yourself with the terms and privacy policies of these third parties before using their services or providing any personal information.

Please note that the specific third-party services and websites that may be utilized within the App are outlined in our Privacy Policy. We recommend referring to the Privacy Policy for more detailed information on the integration of third-party services and how they may collect, use, and protect your data.

It is important to understand that these third-party services and websites operate independently, and their terms, conditions, and privacy practices are subject to their own policies. By accessing or using any third-party services or websites, you agree to be bound by their Terms and Conditions and privacy policies.

We strive to maintain transparency and ensure that your experience within the App is secure and reliable. If you have any questions, concerns, or issues regarding third-party services or websites, please reach out to us for further assistance.

Limitation of Liability

By using the App, you acknowledge and agree that to the extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, resulting from:

  • Your use or inability to use the App.
  • Any content, information, or materials accessed or obtained through the App.
  • Any conduct or content of any third party on the App.
  • Any unauthorized access to or alteration of your transmissions or data.
  • Any bugs, viruses, or other harmful code that may be transmitted to or through the App.
  • Any errors, inaccuracies, or omissions in the App's content.
  • Any loss or damage arising from the use of any third-party services or websites integrated with the App.
  • Any other matter relating to the App or your use of the App.

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages, regardless of the cause of action, whether in contract, tort, or otherwise, even if we have been advised of the possibility of such damages.

In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

Please note that the App is provided on an "as is" and "as available" basis, without any warranties or representations of any kind, whether express or implied. We do not warrant that the App will be uninterrupted, error-free, secure, or free from viruses or other harmful components. You are solely responsible for any damage to your device or loss of data that may result from your use of the App.

The limitations and exclusions of liability set forth in this section shall apply to the fullest extent permitted by applicable law. If you are dissatisfied with the App or do not agree with any part of these Terms and Conditions, your sole and exclusive remedy is to discontinue use of the App.

Please consult your local laws for any restrictions or limitations regarding the exclusion of certain warranties or the limitation of liability for certain types of damages.

If you have any questions or concerns about the limitation of liability, please contact us for further clarification.

Termination

We reserve the right to suspend, terminate, or restrict your access to the App at any time and without prior notice or liability if we believe, in our sole discretion, that:

  • You have violated these Terms and Conditions or any applicable laws or regulations.
  • Your use of the App may harm, interfere with, or negatively impact the App, other users, or our business.
  • We are required to do so by law or governmental authority.

Upon termination, all licenses and rights granted to you under these Terms and Conditions will immediately cease, and you must promptly uninstall the App from your device and destroy any copies of the App in your possession or control.

We shall not be liable to you or any third party for any termination of your access to the App. All provisions of these Terms and Conditions that by their nature should survive termination, including but not limited to the Intellectual Property, Limitation of Liability, and Indemnification sections, shall survive termination.

If you wish to terminate your use of the App or have any questions regarding the termination process, please contact us for assistance.

Please note that any termination of these Terms and Conditions does not relieve you of any obligations or liabilities incurred prior to the termination.

Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which we are located. Any disputes arising out of or relating to these Terms and Conditions, the App, or your use thereof shall be exclusively resolved in the competent courts of that jurisdiction.

In the event of any dispute, we encourage you to first contact us to attempt to resolve the issue informally. If we are unable to resolve the dispute informally, any legal action or proceeding arising out of or relating to these Terms and Conditions shall be brought exclusively in the appropriate court of the jurisdiction in which we are located.

Waiver of Class Action

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class, consolidated, or representative action. You further agree that no arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us regarding the use of the App and supersedes any prior or contemporaneous understandings and agreements, whether written or oral, regarding the subject matter herein.

Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Use or the App, please contact us at the provided contact information. We will do our best to address your inquiries in a timely manner.

Changes To This Terms and Conditions

We reserve the right to modify or amend these Terms and Conditions at any time, without prior notice. Any modifications or amendments to these Terms and Conditions will be effective immediately upon posting the updated version on this page. It is your responsibility to review these Terms of Use periodically to stay informed of any changes. By continuing to access or use the App after any modifications or amendments to these Terms and Conditions, you agree to be bound by the revised terms. If you do not agree to the revised terms, you must discontinue using the App. We may also, in our sole discretion, update or change the App, including its features, functionalities, or content, at any time without prior notice. We encourage you to regularly review these Terms and Conditions to ensure your continued understanding and compliance.

Contact Us

If you have any questions about this Terms and Conditions, please contact us:

Thank you for reading our Terms and Conditions. By accessing and using the App, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.