ATTENTION !: BEFORE STARTING ANY TRAINING PROGRAM IN CLOCK & THEMES, PLEASE CONSULT YOUR FITNESS PROFESSIONAL TO INSURE THAT YOUR PHYSICAL CONDITION IS SUITABLE FOR SUCH TRAINING AND THE TRAINING PROGRAM IS ABLE TO MEET YOUR INDIVIDUAL NEEDS.IF NOT, YOU SHOULD BEAR ALL THE RISKS, DAMAGE AND RESPONSIBILITY ARISING FROM PARTICIPATING IN ANY TRAINING PROGRAM.
This Agreement is a legal agreement between you (hereinafter referred to as “You” or “Your”) and Fitness Workout Studio regarding your downloading, installation and use of Fitness Workout Studio's mobile software – Clock & Themes (the “Software”) and related services.
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS LICENSE AGREEMENT. Fitness Workout Studio has the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software or the official website. You understand and agree that if you continuously use the Software after the date on which these terms have changed, GOMO will treat your use as acceptance and compliance with the updated terms.
1. Intellectual Property Policy
1.1 The Software is developed by GOMO independently. You acknowledge and agree that GOMO retains all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People's Republic of China (hereinafter referred to as “PRC”) and relevant international agreements and other intellectual property laws and regulations.
1.2 You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of GOMO (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so). GOMO reserves the right to charge the tort liabilities.
1.3 You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. GOMO reserves the right to charge the tort liabilities, unless you have been granted by GOMO Digital, in writing.
2.Scope of License
2.1 GOMO gives you non-exclusive, non-assignable license to download, install and use the Software. In no way can the users use it for commercial use.
2.2 You may not use the Software in a way that may lead to damage, suspension, overloading or quality reduction to the Software (or server and internet connected to the Software), or in the way that may affect the product and services provided to any other users.
2.3 You have precisely read and agree to the agreement and statements published by GOMO Digital. You promise not to copy, grant a sub-license, share or sell the Software or related service. You are fully responsible for any fees created by or rising from own factors. GOMO does not assume any liability.
2.4 Rights reserved. GOMO reserves all rights not expressly granted to you. You are required to obtain additional consent to using other software owned by GOMO Digital.
3.Notice to End Users
3.1 You agree to use the Software in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under national laws and regulations, related policies, or this Agreement and for the consequences (including the lost and damages to the Software and any third-parties ) of any such breach. You have not right to conduct following behaviors (including but not limited to):
3.1.1 Delete copyright information, content on the Software or other copies
3.1.2 Reverse engineer, decompile or extract the source code of the Software
3.1.3 Conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account；enter public computer network or other's computer system to delete, modify, add stored information without permission; attempt to search, scan, test the Software system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the Software system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package
3.1.4 Sell, rent, loan, deliver, transfer or sub-license the Software and services, or related links, or benefit from using the Software and the services, or barely benefit from the agreements, regardless of whether the use above brings direct economic gain or pecuniary gain
3.1.5 Use the Software and other services provided by GOMO in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement
3.1.6 GOMO reserves the right to terminate, fully or partially suspend, limit functional features of user's account, without prior notice, if the user has breached under the terms of this Agreement.
3.2 GOMO does not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of the Software.
3.3 Clock & Themes would not change configuration of system settings without informing the user. The Clock & Themes, which is running, belongs to the whole user interface of Clock & Themes. It's designed to:
3.3.1 Provide a more convenient way to view, manage the status of the battery and use information;
3.3.2 Provide Improve battery performance desktop widgets for users to customize Clock & Themes widget, system widget, and Notification bars;
3.3.3 Provide additional services, such as recommending valuable applications and content.
4 .Privacy Policy
4.1 Personal information
4.1.1 Personal information is data that can be used to uniquely identify or contact a single person.
4.1.2 When you Use the Software & Services, for analytical, business and operational purposes , we automatically collect and store the following types of information:
4.1.2.1 Usage Information. Certain usage related information regarding your use and interaction with your device, including the Software & Services and Other Software, such as when and how you Use the Software & Services and Other Software, how you use your internet browser and internet search related applications, the web pages you visit and the content you see, access and utilize on such web pages; for example, offerings and advertisements that you view, use and access, how you use them and your response to them, how frequently you use them, your search queries and the time and date of your searches.
Our purposes of collecting usage information is: (i) to improve and customize the Software and Services; and/or (ii) to provide you personalized content, including through the delivery of targeted interest-based advertisements from us or our partners; and/or (iii) to maintain and improve the quality and operation of the Software and Services; and/or (iv) to take any action in case of a dispute involving you in connection with the Software and Services; and/or (v) to enforce the terms and conditions applicable to the Software and Services and to prevent unlawful activities and misuse thereof.
4.1.2.2 Social Networks. Your interactions on social networks through the Software & Services.
Our purposes of collecting the social networks is: (i) to improve and customize the Software and Services; and/or (ii) to provide you personalized content, including through the delivery of targeted interest-based advertisements from us or our partners.
4.1.2.3 Registration Related Information. Information you provide when you register for the Software & Services (if applicable), such as name, home or work addresses, e-mail address, telephone and fax numbers, birth date and gender.
Our purposes of collecting the registration related information is: (i) to improve and customize the Software and Services; and/or (ii) to maintain and improve the quality and operation of the Software and Services; and/or (iii) to notify you of Software and Services updates; and/or (iv) to provide you with support and handle your complaints and/or feedback.
4.1.2.4 Support Related Information. If you communicate with Us via our support section or via email, we may also collect your email address, name and any information voluntarily submitted by you in connection with such support (for example, your name, company name, and particular support query or request). Such information will only be used to provide you with support services and will not be connected with any other information collected from you on or through the Software & Services, including, any individual User ID (as defined below) generated or collected by us. When you Use the Software & Services, We automatically generate an anonymous internal user ID (which does not personally identify you), which is assigned to your use of the Software & Services (the "User ID") and may be combined with any of the above information.
Our purposes of the support related information is: (i) to take any action in case of a dispute involving you in connection with the Software and Services; and/or (ii) to enforce the terms and conditions applicable to the Software and Services and to prevent unlawful activities and misuse thereof; and/or (iii) to comply and satisfy any applicable law regulation, legal process or enforceable governmental request; and/or (iv) to provide you with support and handle your complaints and/or feedback.
4.2 Non-Personal Information
4.2.1 Non-personal information is data in a form that does not permit direct association with any specific individual.
4.2.2 We may collect and use non-personal information in the following circumstances. To have a better understanding in user's behavior, solve problems in products and services, improve our products, services and advertising, we may collect non-personal information such as installed application name and package name, the data of install, frequency of use, country, equipment and channel, configuration and settings of the products and Services, ISP (Internet Service Provider), Internet protocol (IP) address, Media Access Control (MAC) address, device configuration and identifiers, Advertising ID (Identifier for Advertisers used in Android, such as Google advertising ID (GAID)) , location, Android ID.
We access Android ID only to analysis and provide you personalized content. And we will not share Android ID with any other third party.
4.2.3 If non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.
4.3 Sharing Information with Third Parties
4.3.1 We will not share any PII that we have collected from you except for the following events:
4.3.1.1 If we are required by law to disclose your information, we may share your information with law enforcement or other competent authorities and any third party, as may be required (e.g., to detect, prevent or otherwise address fraud, security, or technical issues; to respond to claims or satisfy any legal process, subpoena, or governmental request; or to protect the rights, property, or personal safety of the Company’s users, its partners, or the general public).
4.3.1.2 In the event the Company goes through a business transition such as a merger or acquisition by another company, consolidation, change of control, reorganization, or sale of all or a portion of its assets, your information will be among the assets transferred.
4.3.1.3 We may share your information with certain third parties (including, without limitation, search engines, content providers, and advertising networks and platforms) that provide various services (such as advertising, marketing, analysis, content, and search) in connection with the Software and Services. We take appropriate measures to ensure that no user can be individually identified from the disclosure of such information, and we require these third parties (i) to keep the data secured, (ii) not to use the data for any other purpose other than to provide us with Services (for example, we use Google Analytics, in addition to our own analytics technology, and other third-party analytics packages to collect, monitor and analyze the information we collect in order to increase our functionality and user-friendliness, to better tailor the Services to our users’ needs, and to understand and analyze how you are using our Services. We also share your information with Google as necessary to receive the Google Analytics service. For more information please see Google’s privacy policy (http://www.google.com/policies/privacy/) addressing the information that is collected to provide the Google Analytics service and how Google uses such information); and (iii) to use the data solely in compliance with this Privacy Policy. If you want to delete any personal data which we have shared with the third parties, please contact our Data Protection Officer by email at:zeroteamfb@gmail.com. We would try our best to notify the third party of deleting the relative personal data, but no warranty as to the deletion is made by us.
4.3.1.4 We may also share PII and non-personally identifiable information with our subsidiaries, affiliated and parent companies but their use of such information must comply with this Privacy Policy.
4.4 Protection of Personal Information
4.4.1 We take precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
4.4.2 We use firewalls, encryption technology and Network access designed to protect against fraud and identity theft; our data is only stored in centers that provide high-level security for user’s information.
4.4.3 We also protect user’s privacy by seeking to minimize the amount of sensitive data and PRI. We also seek appropriate contractual protection from our partners regarding their treatment of user data.
4.4.4 Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
4.4.5 We retain the information we collect as described in this Privacy Policy for as necessary for the provision of the Services, internal analytical purposes, or to comply with its legal obligations, resolve disputes and enforce agreements (e.g. settlement). The criteria used to determine the retention periods include: (i) how long the personal data is needed to provide the Services and operate the business; (ii) the type of personal data collected; and (iii) whether we are subject to a legal, contractual or similar obligation to retain the data (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).
4.4.6 When you use some products, services, or post your comments, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
4.5 Information may be Collected by Third-Party
4.5.1 Certain Software and Services may include and/or enable you to add content to them. The content may be in the form of buttons, gadgets, links to third party advertisements, websites, products and services (including search services) as well as additional means that are provided to you by third parties (collectively, "Third Party Content and Services"). The use of such Third Party Content and Services is subject to their privacy policies. You shall be aware that the use of the Third Party Content and Services may give these third parties the ability to access, collect, store, and/or share your information, both your PII and non-personally identifiable information. In order to clarify, we do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Content and Services and your access to any Third Party Content and Services is at your own risk. We are not responsible for the information contained and/or made available through, the practices of, or your use or inability to use such Third Party Content and Services. You expressly relieve us from any and all liability arising from your use of such Third Party Content and Services. We recommended that you read the terms, conditions and privacy policies of such Third Party Content and Services before using or accessing any of them.
4.5.2 For providing customized advertisement, the third-party advertising companies may collection or use your personal information (not including your name, address, email address or telephone number) when you use the Software or Service. If you would like more information about this practice and to know your choices about not using this function or sharing this information with these companies, please see: http://www.networkadvertising.org/managing/opt_out.asp.
4.6 Our Policy Toward Children
4.6.1 Our Services are not directed to children under 16 and we do not knowingly collect PII from children under 16.If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should promptly contact us and we take reasonable steps to ensure that such information is deleted from our files.
4.7 Your Data Rights
4.7.1 You have the right to access, modify, correct or delete any personal data which we may have collected.
4.7.2 If you are in the EEA, you have a right to (subject to a limited number of exceptions): (i) request access to and rectification or erasure of your personal information; (ii) obtain restriction of processing or to object to processing of your personal information; and (iii) ask for a copy of your personal information to be provided in a digital format. You also have the right to lodge a complaint about the processing of your personal information with your local data protection authority in the EEA. To exercise this right please contact our Data Protection Officer by email at: Zeroteamfb@gmail.com.
4.8 Notices
4.8.1 If we are required to provide you with notice of a particular event or incident, we will send you such notice by mail, email or telephone.
4.9 Transfer of Data Outside Your Territory
4.9.1 The Software and Services work over the Internet. We may store and process your information in various locations throughout the world. Where you located in the EEA, as required by law, you hereby provide us with your express consent to transfer your data to where may be outside of EEA once you use the Software and/or Services. You may withdraw your consent at any time.
4.10 Privacy Questions
4.10.1 If you have any questions or concerns about our Privacy Policy or data processing, please contact us at Zeroteamfb@gmail.com. We may update Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.
5.Limitations of Liabilities and Disclaimer
5.1 You acknowledge and agree that the Software and related services may have potential risks like service interruption, failure to respond to users' requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall GOMO be liable for any risks stated above.
5.2 GOMO is not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
5.3 In view of business development and adjustment, GOMO reserves the right to amend or terminate services without prior notice to users at any time, and GOMO is not liable for users and any other third-parties when executing this right.
5.4 The software which is not officially released or authorized by GOMO and the derivative works of the Software are illegal. User's downloading, installation, and user this software may lead to unexpected risk. GOMO is not liable for any legal liabilities, issues arising from it.
5.5 You agree to the most extent under applicable law, GOMO owns other disclaimer rights not listed in this agreement.
6.Termination
6.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
6.2 Unless GOMO unilaterally terminates this Agreement or you terminate this agreement as above, this agreement and the terms (including the updated agreement following) will remain effective.
6.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. GOMO and any other third-parties have on need to send your additional notice.
6.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
7. Others
7.1 You agree that if GOMO does not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of GOMO Digital's rights and GOMO has the right to continuously exercise or enforce the right or regulation.
7.2 Without written authorization from other sides, a user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
7.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
7.4 The validity and interpretation of this Agreement are applicable to laws of the People's Republic of China. If any provision in this Agreement conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both GOMO and users agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit settlement of lawsuits to competent court in Guangzhou where GOMO located.
7.5 GOMO reserves the final interpretation right on this Agreement.