1. Acknowledgment
2. Content
3. Scope of License
4. Maintenance, Support and Warranty
5. Product Claims
6. Intellectual Property Rights
7. Legal Compliance
8. Third Party Terms of Agreement
9. Third Party Beneficiary
10. Developer Name and Address
1. Acknowledgment
These Terms and Conditions are between you and the BM Sports Technology GmbH (“we”, “us”). We, not Apple or Google, are solely responsible for the Enode Pro Apps (“Enode Pro”) and its content. Please read these Terms and Conditions carefully before using Enode Pro. By accessing or using Enode Pro or its services, you automatically agree to these terms. If you disagree with any part of the terms, then you may not access the services.
2. Content
Enode Pro is designed to guide you through your fitness training with free weights in the gym. All workouts generated by Vmaxpro are considered as guidelines. Suggested and presented exercises are illustrative only. The illustrations, names and descriptions displayed in the app serve only as a reference and do not replace any guidance or advice of a qualified instructor. If you have any doubt regarding the execution of an exercise, please check personally with a professional instructor before starting. A qualified instructor should always be consulted beforehand. The final exercise selection as well as set and repetition count and used training load is always up to you. You are in charge of preparing yourself for a workout with an appropriate warm up. Never use a load you do not feel comfortable with. If you do not feel well or feel pain, stop exercising and may consult a doctor. We are not responsible for any accidents, injuries or any other damage that may occur to your health or used equipment when using Enode Pro and performing its workouts. By doing any kind of exercises, you take all the risks inherent from it. By agreeing to this term, you accept that we can not be held responsible, under any circumstances, for injuries or any other damage that might occur to your health.
5. Scope of License
We grant you a limited, non-exclusive, non-transferable, revocable license to use Enode Pro for your personal, non-commercial purposes. You may only use Vmaxpro on your watchOS, iOS or Android devices that you own or control and as permitted by the Apple and Google App Store Terms of Service.
4. Maintenance, Support and Warranty
As Enode Pro is free to download and use, we do not provide any maintenance or support for all Enode Pro services. Should any maintenance or support be required, by applicable law, we, not Apple, shall be obligated to provide any such maintenance or support. Enode Pro is provided for free on an “as is” basis. As such, we disclaim all warranties about Vmaxpro to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, we, not Apple or Google, shall be solely responsible for such warranty.
5. Product Claims
We do not make any warranties concerning Vmaxpro. To the extent you have any claim arising from or relating to your use of Enode Pro, we, not Apple, are responsible for addressing any such claims, which may include but is not limited to: (i) product liability claims; (ii) any claim that Enode Pro fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
6. Intellectual Property Rights
To the extent we are required to provide indemnification by applicable law, we, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that Enode Pro or your use of it infringes any third party intellectual property right.
7. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third Party Terms of Agreement
Vmaxpro does not make use of any third party service.
9. Third Party Beneficiary
Your mobile OS is a third party beneficiary of this License Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
10. Developer Name and Address
BM Sports Technology GmbH
Marcel Blaumann
Lorenzweg 43
39124 Magdeburg
Germany
We can be reached via e-mail at support@enode.ai