These Terms of Use («Terms») published by KegelBloom Service(s) apply to access and use of the Application, and all other products (hereinafter referred to “App”, “App”, “Service”) and services providing by us (the “ VAKU APPS LTD ”, “Company”, “us”, “we”) to user(s) (the “ you ” or “ your ”)). By downloading, using, registering, viewing, submitting content or using other access and/or using our products, you agree to the Terms and the Privacy Policy below.
Eligibility
The Service is designed for use by people who are at least 18 years old. If you are not yet 18, then you can’t use the Service. If you are 18 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations.
Amendments to this Terms
These Terms of Use may be amended by us from time to time, and we reserve the right to do so at any time. When we amend these Terms of Use, we will not provide notice to you. Any amendments to the Terms of Use will be posted here. The new version of the Terms comes into force from the moment of its placement on the Internet on the page at the address: https://sites.google.com/view/kegelbloom-terms-of-use/
Continued use of the app after any amendments to the Terms of Use constitutes your acceptance of the new Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Services and should therefore immediately cease any use of the Services.
Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Non-Waiver
You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms or is otherwise entitled to will not constitute a formal waiver of our rights and that those rights or remedies will still be available to us.
Privacy and your Personal Information
We take your privacy very seriously. We share your personal information only on a few rare occasions explained in our Privacy Policy. For example, we might need to share your data with law enforcement authorities. By using the Service, you agree to the collection and use of information about you and your use of the Service in accordance with our Privacy Policy (https://sites.google.com/view/kegelbloom-privacy-policy).
Description of the Service
DISCLAIMER
THE COMPANY DOES NOT PROVIDE OR OFFER ANY FORM OF MEDICAL GUIDANCE, HEALTH INSURANCE, OR OTHER HEALTHCARE SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO, COUNSELING, TESTING, ASSESSMENTS, PRESCRIPTIONS, PROCEDURES, OR TREATMENTS PERTAINING TO EXERCISE, NUTRITION, WEIGHT MANAGEMENT, WELLNESS, OR ANY MATTERS CONCERNING THE PREVENTION, AVOIDANCE, DIAGNOSIS, OR CURE OF INJURIES, AILMENTS, DISEASES, OR CONDITIONS.
THE SERVICE MIGHT NOT BE SUITABLE FOR EVERYONE AND ISN'T A REPLACEMENT FOR PROFESSIONAL HEALTHCARE ADVICE. IT'S DESIGNED TO SERVE AS A TOOL THAT COULD ASSIST IN REACHING YOUR HEALTH AND FITNESS OBJECTIVES. YOU RECOGNIZE THAT ENGAGING IN EXERCISE ACTIVITIES COMES WITH POTENTIAL RISKS, INCLUDING THE POSSIBILITY OF INJURY OR EVEN DEATH, AND YOU ACCEPT THOSE RISKS. BEFORE UTILIZING THIS SERVICE, YOU AGREE TO ABSOLVE THE COMPANY OF ANY RESPONSIBILITY, WHETHER FORESEEN OR UNFORESEEN, RESULTING FROM YOUR USE OF THE SERVICE.
YOU SHOULD SEEK ADVICE FROM YOUR DOCTOR OR A CERTIFIED HEALTHCARE EXPERT BEFORE DECIDING IF THE SERVICE IS SUITABLE AND SAFE FOR YOU. ACCESSING OR UTILIZING THE SERVICE CONTRARY TO MEDICAL RECOMMENDATIONS OR WHEN IT CAN ENDANGER YOUR HEALTH IS STRICTLY FORBIDDEN. IN THIS REGARD, YOU ACCEPT COMPLETE ACCOUNTABILITY FOR YOUR OWN HEALTH, SAFETY, AND WELL-BEING, AS WELL AS THAT OF YOUR FAMILY, CHILDREN (BOTH BORN AND UNBORN, WHERE RELEVANT), AND ALL FUTURE DECISIONS.
TO THE GREATEST EXTENT ALLOWED BY LAW, YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE MEDICAL ADVICE THROUGH THE SERVICE. ALL CONTENT SHARED VIA THE SERVICE, WHETHER FROM US OR THIRD PARTIES (EVEN IF THEY IDENTIFY AS DOCTORS), IS NOT A SUBSTITUTE FOR (I) YOUR DOCTOR'S ADVICE OR OTHER PROFESSIONALS, (II) A DIRECT VISIT, DISCUSSION, OR CONSULTATION WITH YOUR PHYSICIAN OR MEDICAL EXPERTS, OR (III) INFORMATION FOUND ON PRODUCT LABELS OR PACKAGING. WE ARE NOT LIABLE FOR ANY HEALTH ISSUES ARISING FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS DISCOVERED THROUGH THE SERVICE. FOR ANY HEALTH CONCERNS, SEEK ADVICE FROM YOUR PHYSICIAN OR RELEVANT HEALTHCARE PROVIDER SWIFTLY. IN CASE OF AN EMERGENCY, CONTACT YOUR DOCTOR OR EMERGENCY SERVICES WITHOUT DELAY.
USE OF THIS KEGEL APP DOES NOT CONSTITUTE MEDICAL OR PROFESSIONAL ADVICE. IT IS ESSENTIAL TO CONSULT WITH A HEALTHCARE OR MEDICAL PROFESSIONAL BEFORE BEGINNING ANY NEW EXERCISE REGIME. THE COMPANY DISCLAIMS ANY LIABILITY ARISING FROM INAPPROPRIATE OR UNSAFE USE OF THE APP. ALWAYS PRIORITIZE YOUR HEALTH AND WELL-BEING AND SEEK PROFESSIONAL GUIDANCE IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE EXERCISES CONTAINED WITHIN THIS APP.
USING THE SERVICE DOES NOT ESTABLISH A DOCTOR-PATIENT, THERAPIST-PATIENT, OR ANY OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.
THE COMPANY IS NOT LIABLE FOR ANY INACCURACIES OR INCORRECT STATEMENTS REGARDING EXERCISES OR OTHER CONTENT ON THE SERVICE.
WE DO NOT GUARANTEE THE SUCCESS LEVEL YOU MIGHT ATTAIN, AND YOU ACKNOWLEDGE VARYING RESULTS FOR EACH PERSON. TESTIMONIALS AND EXAMPLES SHOWN ON THE SERVICE ARE OUTLIER OUTCOMES, NOT REPRESENTATIVE OF THE AVERAGE PERSON, AND DON'T PROMISE OR ENSURE THAT ANYONE WILL OBTAIN SIMILAR OR IDENTICAL RESULTS. PAST FITNESS OUTCOMES ARE NOT A PREDICTION OF FUTURE ACHIEVEMENTS. WE CANNOT PLEDGE YOUR UPCOMING RESULTS AND SUCCESS. MAINTAINING ANY RESULTS YOU ACHIEVE REQUIRES CONTINUED COMMITMENT TO OUR PROGRAMS.
EVERY PERSON'S HEALTH, FITNESS, AND NUTRITION OUTCOMES ARE INFLUENCED BY THEIR HISTORY, COMMITMENT, DRIVE, AND ENTHUSIASM. LIKE ALL HEALTH-ORIENTED PROGRAMS OR SERVICES, YOUR RESULTS CAN DIFFER AND ARE SHAPED BY A MULTITUDE OF FACTORS, INCLUDING BUT NOT RESTRICTED TO YOUR OWN ABILITY, PAST EXPERIENCES, GENETIC MAKEUP, INITIAL CONDITIONS, SKILL SET, AND DEDICATION LEVEL. ENGAGING WITH THE SERVICE SHOULD STEMMED FROM YOUR OWN ASSESSMENT, AND YOU CONCEDE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SUCCESS OR SETBACK OF YOUR PHYSICAL CONDITION THAT MAY BE DIRECTLY OR INDIRECTLY LINKED TO YOUR ACQUISITION AND UTILIZATION OF THE SERVICE.
BEYOND ALL OTHER RESTRICTIONS AND DISCLAIMERS IN THESE TERMS, THE COMPANY DISCLAIMS RESPONSIBILITY OR DAMAGE RELATED TO THE CONTENT OFFERED ON THE SERVICE. IT IS ADVISED THAT YOU ENGAGE WITH YOUR PHYSICIAN AND APPROPRIATE PROFESSIONALS CONCERNING THE INFORMATION FOUND OR ACCESSED ON THE SERVICE.
To provide certain Services App may request you to consent the access to the following data within your device:
active window data;
applications use data;
system settings;
history of the applications use,
network operator;
language;
other device settings according to the default device settings.
To provide you with notifications about session, we require your permissions:
Notification runtime permission
Alarm permission
These permissions are necessary to get reminders about training. Refusing such permission will prevent you from getting notifications.
If you use the iOS version of the app, we may also request App Tracking Transparency permission to show more relevant ads and enhance your experience.
Please note that you have the option to revoke or modify these permissions at any time through your device settings.
Particular Services specified hereinabove may not be available within the App unless you manually perform an action suggested by the App on a basis of the data within your device accessed by the App, e.g. disabling of active background apps, lowering the screen brightness etc.
Particular Services specified hereinabove may be not available to you as certain types/versions of the Android operating system do not provide the App with the access to the data within your device necessary for enabling the availability of such Services.
Considering the information specified above in this section, Company undertakes best possible efforts to ensure the correct functioning and operation of the App, the Services or any part thereof taking into account the provisions specified hereof.
Subscription
Upon the payment of lump-sum payment, you may hereby agrees to subscribe for and purchase, and the Company would hereby agree to provide you, upon the payment of fixed price (the “ Subscription Fee ”), with premium features within the App specified in section hereinabove (the “ Subscription ”).
The subscription will automatically renew at the end of each billing cycle (weekly, monthly, annually, or any other interval chosen during purchase) until you decide to cancel it. You may cancel Your Subscription renewal in the appropriate Store (App Store or Google Play) at any time.
You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Pro features of the Service until the end of Your current Subscription period.
All billing is handled by App Store or Google Play and is governed by the appropriate Store’s own terms and conditions.
Terms, cost and other conditions and specifics of the different Subscription options shall be specified within the App and you can access such information though accessing and using of the internal functionality of the App. You should use the internal functionality of the App to see and check the detailed information regarding the Subscription and Subscription Fees. You should use the internal functionality of the App to subscribe. You shall proceed with the payment of Subscription Fee via cashless wire transfer or by other means specified within the App.
Subscription period starts since the moment of payment. Company may return you the Subscription Fee at your request only if you have not accessed the App/Services under the Subscription prior to your request. It is considered that you have accessed the App/Services under the Subscription if:
you have received a notification letter to your e-mail address regarding the provision of access to the App/Services under the Subscription; or
you have received an ability to access the App/Services through the App; or
you have received actual access to App/Services by any other means.
Company does not refund the Subscription Fee in case of non-use, termination of use, refusal to use the App/Services, non-use of the entire amount of Services, deletion of the App without using the Services, detection of inaccuracies and errors in the App/Services, non-compliance of the App’s/Services’ level with your expectations etc., unless otherwise specified by the Company.
Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel it or Craft cancels it.
Billing: All billing is handled by App Store or Google Play and is governed by the appropriate Store’s own terms and conditions.
Subscription cancellation: You may cancel Your Subscription renewal in the appropriate Store (App Store or Google Play) at any time. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Pro features of the Service until the end of Your current Subscription period.
Trial Period
Upon a fixed payment, you may use the App for a limited test period of time for free to access certain premium features within the App, as specified in section (“Trial Period”). Terms, cost and other conditions and specifics of the Trial Period shall be specified within the App and you can access such information though accessing and using of the internal functionality of the App.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED DURING THE TRIAL PERIOD IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR INDEMNITIES.
Payments.
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors, whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Apple Store In-App Payments
Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/
Google Play In-App Payments
Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/
In-app purchases
In the App, you can buy in-app purchases to enhance your use of the Services. When you make a purchase, it is done through the Apple Store, Google Play, or other app stores ('App Stores'), and you are agreeing to their respective Terms of Use. By agreeing to these terms, you acknowledge that all purchases of Goods from us to you are considered final. We will not issue refunds for any transactions once they have been completed. PURCHASES ARE GOVERNED BY APP STORE REFUND POLICIES. Notice that App Stores don't give refunds for most purchases. Refund policies are different depending on what you bought.
Apple Store
You can learn about refund on Apple Store at https://support.apple.com/en-us/HT204084
Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/
Google Play In-App Payments
You can learn about refund on Google Play at https://support.google.com/googleplay/answer/2479637?hl=en
Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/
Goods are sold 'as is' without warranty. All purchases, sales, and trades of Goods are final and non-refundable, unless we decide otherwise. You agree that Goods have no real money value and are not actual currency or property. Goods cannot be sold, transferred, or traded for real money, goods, or anything of value from us or anyone else. You are granted a limited, revocable, personal, non-transferable, and non-sublicensable license to use the Goods. You do not acquire any ownership rights in the Goods. Goods do not represent any stored value. You cannot trade or sell any Goods or your account for real money or exchange them for anything else, except through the Services. Once you have Goods, you cannot trade or transfer them or your account to someone else, unless we provide a feature for that. We can manage, change, or remove Goods at any time without notice, at our discretion. We shall not be held liable for exercising these rights. If your account is suspended or terminated for any reason, you may lose all Goods. You will not receive money or other compensation for unused Goods if your account is closed, whether voluntarily or involuntarily. Some jurisdictions may provide additional statutory rights, including a Cooling-Off Period that allows you to withdraw from a purchase. This does not limit your legal rights to return or withdraw from the purchase of Goods.
Third-party Advertising
We allow third parties to display their advertisements within the App to show you offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organization Third-party advertisements may be textual, graphical, visual, audiovisual and in any other forms applied. Third-party advertisements may be limited by time or by action.
You are able to skip third-party advertisements limited by action after the compulsory time of advertisement displaying has left by clicking the skip button. Compulsory time of advertisement displaying may vary depending on the Terms between Company and third party. A Skip button may be located in any place on or near the advertisement. The Skip button may be named “Skip” or have any other relative name. You are not able to skip the third-party advertisements limited by time. Third-party advertisements limited by time end after the advertisement displaying time is over. All third-party advertisements are displayed permanently and you cannot fully disable the third-party advertisements from the App.
Third-party advertisements may be displayed every time during your use or after you have used any of the App’s options. Several third-party advertisements may be displayed in a row.
Third parties are responsible to ensure the advertisements comply with the requirements provided hereinabove. Company has no responsibility for the content or availability of third-party advertisements. You hereby agree to waive claims, demands or lawsuits arising out of, related to or connected with the third-party advertisements displayed within the App.
We use your personal data collected by a special software developer kit (like Google, Facebook) to help determine which ads to show you. We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission.
Personalized ads
Personalized ads, also called targeted ads, on the app are chosen based upon who you are, making them more relevant to what interests you.
As a user, if you’d rather not see these kinds of ads from our app, you can change your preferences by your personal google account https://adssettings.google.com. Keep in mind that ads will still appear, just not ones that are based on your interests and preferences.
Governing Law and Forum for Disputes
This Agreement, and your relationship with the app under this Agreement, shall be governed by the laws of Cyprus. However, if you are based outside the Cyprus, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.
In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts.
Ownership
As between us and you, the App and Services, including any specific functionalities of our Services (including past, present and future versions) are owned and controlled by us and their Content is protected by the laws of Cyprus and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible.
“Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation:
materials and other items relating to us and our products and services, including, without limitation, all activities, games, lesson plans, teacher trainings, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation;
trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (“Trademarks”); and
other forms of intellectual property.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at help@vaku.app
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.The term "including" in this Agreement means "including but not limited to."
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VAKU APPS LTD, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH VAKU APPS LTD OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VAKU APPS LTD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
WARRANTY DISCLAIMER
THE APP AND SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, VAKU APPS LTD EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VAKU APPS LTD MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR
DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.