END USER LICENSE AGREEMENT (EULA)
IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS MADE BETWEEN "SHAPER'S STOP GYM" ("Shaper's Stop") AND YOU, THE END USER, FOR THE USE OF OUR MOBILE APPLICATION, SHAPER'S STOP GYM. PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE USING OUR APPLICATION. WE ARE PLEASED TO LICENSE THIS APP TO YOU AS THE INDIVIDUAL, COMPANY, OR OTHER LEGAL ENTITY THAT WILL BE UTILIZING THIS APPLICATION (REFERRED TO BELOW AS "YOU" OR "YOUR") ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SHAPER'S STOP GYM. BY CLICKING ON THE "AGREE", "ACCEPT", OR "YES" BUTTON OR ANY OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, INSTALLING, ACCESSING THE WEBSITE ONLINE, OR, IF APPLICABLE, BREAKING THE SEAL OF THE TANGIBLE MEDIA CONTAINING OUR APPLICATION, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT CLICK THE "AGREE", "ACCEPT", OR "YES" BUTTON OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, AND DO NOT ACCESS OR USE THIS WEBSITE OR THE APPLICATION.
1.1 The Mobile Application Shapers Stop Gym which accompanies or is accessible through this license (“App", “Application”) is the property of Shapers Stop Gym or its licensees and is protected by copyright law. While Shapers Stop Gym continues to own the intellectual property rights to the Application, you will have certain rights to use the Shapers Stop Gym app/web after your acceptance of this license. This license governs any releases, revisions, or enhancements to the application that Shapers Stop Gym may furnish.
1.2 Shapers Stop Gym app is completely free to install but includes certain advanced features, services, and products which require in-app payments.
1.3 You may uninstall this app at any time, using the standard uninstall procedures as offered with your mobile’s Operating System.
1.4 You are not entitled to:
2.1 Term
The initial term of this Agreement will commence on the date you download the Shapers Stop Gym app.
2.2 Termination
Shapers Stop Gym, in addition to such other rights, may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement.
2.3 Effect Of Termination
On the expiration or termination of this Agreement, you will cease using our Application, we may cease making Updates available to you, and the Application may cease functioning. Sections 1.4, 3, 4, 5, 6, 7, 8, 9, 10, and 11 will survive the expiration or termination of this Agreement.
Shapers Stop Gym reserves all rights in the Website/Application not expressly granted by this Agreement. All copyrights, trademarks, and other conceivable intellectual property rights in and to the Website/Application are owned by Shapers Stop Gym or its licensors and are protected by Indian copyright laws, international treaties, and other applicable laws. Any copy of the Application you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Application(s).
Shapers Stop Gym does not warrant that our Application will meet your requirements or that the operation of the Application will be uninterrupted or error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
6.1 Shapers Stop Gym may deliver any notice to you via a pop-up window, dialog box, email, or other means, even though you may not receive the notice unless and until you launch the Application. Any such notice will be deemed delivered on the date our application first makes it available through the Website/Application, irrespective of when you actually receive it.
6.2 You acknowledge that our application collects certain information regarding the users of the Website/Applications, including certain personally identifiable information. You hereby give consent to our applications for the collection and use of such information and agree that the collection and use of such information will be governed by the Shapers Stop Gym Privacy Policy and that Shapers Stop Gym may revise the same from time to time.
6.3 By agreeing to this EULA, you grant us permission to use the reviews given by you for the product and your name on our website, price pages, and other digital resources.
EXCEPT AS EXPRESSLY PROVIDED BY SECTION 5 OF THIS AGREEMENT, SHAPER'S STOP GYM DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE APPLICATIONS, MEDIA, AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTY OF NONINFRINGEMENT. SHAPER'S STOP GYM DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE/APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8.1 SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SHAPER'S STOP GYM OR ITS LICENSORS BE LIABLE TO YOU (i) THROUGH YOUR USE OR MISUSE OF THE WEBSITE/APPLICATION FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (ii) FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, LOSS OF ANTICIPATED PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE APPLICATION OR ANY MAINTENANCE OR OTHER SERVICES RELATED TO THE APPLICATION. IN NO EVENT WILL SHAPER'S STOP GYM OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE OF THE APPLICATIONS/SERVICES.
8.3 THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE APPLY REGARDLESS OF WHETHER YOU ACCEPT THE APPLICATIONS OR NOT.
You shall be responsible for the payment of all sales, use, and similar taxes relating to the license of the Application as applicable to your state/country and the respective taxation structure.
The Website/Application and the underlying information and technology may not be accessed, downloaded, or otherwise exported or re-exported. You must comply with all domestic and international export laws and regulations that apply to our applications and company. These laws include restrictions on destinations, end-users, and end-use. You agree not to export our Application or related licenses to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation. By accessing, downloading, or using the Website/Application, you agree to the foregoing, and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country which might fall under any type of restricted list.
11.1 Indian Laws govern the interpretation of this agreement and apply to claims for breach of it, regardless of conflict of laws and principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the courts located in Bhilwara. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed further or continuing waiver of such term or any other term.
11.2 This Agreement was originally prepared in the English language. Although Shapers Stop Gym may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.
11.3 This agreement constitutes the entire agreement between you and Shapers Stop Gym with respect to this transaction and any prior statements or representations. Any changes to this agreement must be made in writing, signed by an authorized representative of Shapers Stop Gym.
For any queries, you may contact us at: 9829382903
Shapers Stop Gym
2nd Floor Lokpida Complex
Love Garden Road, Bhilwara 311001, Rajasthan
Email: shapers.gym.bhl@gmail.com