Terms of Service

Last Updated: April 1, 2023

Agreement to Terms

Welcome to BAOZ. These Terms of Service ("Terms") govern your access to and use of the BAOZ application ("App"), website, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

BAOZ is a fitness companion application designed for use on Apple Watch devices. These Terms constitute a legally binding agreement between you and BAOZ regarding your use of the Services.

Eligibility

You must be at least 13 years old to use our Services. By using our Services, you represent and warrant that:

  • You are at least 13 years of age
  • You have the legal capacity to enter into these Terms
  • You are not prohibited from using the Services under applicable law
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations

If you are under 18 years old, you represent that you have your parent or guardian's permission to use the Services. Please have them read these Terms with you.

Account Registration and Security

To use certain features of our Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself.

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized use of your account
  • Ensuring that you exit from your account at the end of each session when using a shared device

We reserve the right to disable any user account if we believe you have violated any provisions of these Terms.

Health and Fitness Data

BAOZ is designed to track and use health and fitness data from your Apple Watch to provide personalized features and functionality. By using our App, you acknowledge and agree that:

  • BAOZ is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease
  • BAOZ is not a substitute for professional medical advice, diagnosis, or treatment
  • You should consult with a healthcare professional before starting any new fitness regimen
  • We are not responsible for any health problems that may result from training programs, consultations, or events you learn about through the Services

For details on how we collect, use, and protect your health and fitness data, please refer to our Privacy Policy.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by BAOZ, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your personal, non-commercial use. You may not:

  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services
  • Decompile, reverse engineer, or attempt to access the source code of the App
  • Use any automated system, including "robots," "spiders," or "offline readers" to access the Services
  • Remove any copyright, trademark, or other proprietary notices from any portion of the Services
  • Transfer the materials to another person or "mirror" the materials on any other server

Prohibited Uses

You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To exploit, harm, or attempt to exploit or harm minors in any way
  • To transmit or procure the sending of any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate BAOZ, a BAOZ employee, another user, or any other person or entity
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services
  • To interfere with the proper working of the Services
  • To use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services

User Contributions

The Services may contain message boards, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials. Any User Contribution you post to the site will be considered non-confidential and non-proprietary.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions
  • All of your User Contributions comply with these Terms
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute

We reserve the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Subscription and Payments

Some features of our Services may require a subscription. By subscribing to our Services, you agree to the following terms:

  • You authorize us to charge your chosen payment method for the subscription fee
  • Subscriptions will automatically renew for successive periods unless cancelled prior to the renewal date
  • You can manage your subscription and cancel automatic renewal through your App Store account settings
  • No refunds or credits will be provided for partial subscription periods

We reserve the right to change our subscription fees upon reasonable notice. Such notice will be displayed in the App or sent to your registered email address.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BAOZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BAOZ makes no warranty that:

  • The Services will meet your requirements
  • The Services will be uninterrupted, timely, secure, or error-free
  • The results that may be obtained from the use of the Services will be accurate or reliable
  • The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAOZ, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, BAOZ IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, BAOZ'S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST BAOZ, OR (2) $100.00 USD.

Indemnification

You agree to defend, indemnify, and hold harmless BAOZ, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms.

Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Services or delete your account through the App settings.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: terms@getbaoz.vercel.app