Terms of Service
These Terms of Service (“Terms”), along with the Privacy Policy and Cookie Policy form a part of the legal agreement (“Agreement”) between You and Salt & Pepper Labs (“Salt & Pepper Labs,” “us,” or “We”) regarding Your use of services available through the Jumpy Cat mobile website and applications (collectively, the “App”), including any downloadable software programme that You are accessing or installing on Your device(s) and the services available through that software programme (the “Service(s)”). By using any portion of the Service, You are agreeing to be bound by and are becoming a party to these Terms.
Service Description
The Jumpy Cat App and associated Services are a software product designed to provide educational and entertainment content to users in the area of physical exercising. No information provided by the App is to be construed as medical or other health advice pertaining to any individual specific health or medical condition. You agree that Your use of the App and the associated Services is at Your own risk.
Eligibility
You must be 18 years of age or older to use the App and Service. You represent and warrant that any profile information You submit is true and accurate and that You are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.
Account
In order to use the Services, You may need to create a Jumpy Cat account. When registering for an account, You must provide accurate and complete information and promptly update this information to keep it current. If You provide any information that is inaccurate or incomplete, or We have reason to believe that the information is inaccurate or incomplete, We may suspend or terminate Your account and Your use of the Service. You are solely responsible for all activities that occur through Your account. To protect Your account from unauthorized use, do not provide Your username or password to anyone else, and otherwise exercise reasonable effort to protect your account from unauthorised access. If you believe there has been unauthorised access or use of Your account or any other breach of security, notify us immediately via email.
Subscription Services
Certain of parts of the Service may be subject to payments now and in the future (the “Subscription Service(s)”), as indicated in the Jumpy Cat App.
In view of providing continually optimised experience for all users, Salt & Pepper Labs reserves the right to modify and/or discontinue any of the specific services, both free as well as Subscription Services, throughout the term of Your subscription. Certain Subscription Services may become free, Services may be entirely removed, and/or new Services may be added to the Subscription Services during Your subscription term. Any payment terms presented to You in the process of using or signing up for a Jumpy Cat Subscription Services are deemed part of this Agreement. As We assess the Subscription Services, We may offer or otherwise experiment with certain features of the Services (including, but not limited to promotional features, user interfaces, plans, pricing, and advertisements) to any or all users. You acknowledge that We may do so at our sole discretion at any time without prior notice. Salt & Pepper Labs shall not be liable to You for any modification, suspension, or discontinuance of the Services. In certain cases, at out sole discretion, We may provide You with a credit, refund, discount or other form of consideration upon suspension or discontinuance of Subscription Services that You are subscribed to. However, if We terminate Your account or suspend Your access to Services due to Your violation of these Terms, You will not be eligible for any such credit, refund, discount or other consideration. Any purchases of subscriptions through the Apple App Store and Google Play Store (“Application Store(s)”) are final, and We generally do not provide refunds on such purchases. Your purchase is additionally subject to the respective Application Stores' payment policy. These Terms do not supersede Your statutory rights in Your applicable jurisdiction.
In the Jumpy Cat App We offer monthly and annual subscription options. For the purposes of these subscriptions a month constitutes 1 calendar month, and a year constitutes 365 calendar days. The monthly and annual subscriptions are paid in monthly and annual installments, respectively. For each installment period (month or year) that Your subscription is active, You authorise Salt & Pepper Labs to charge the credit card or other payment method (the “Payment Method”) that You used to purchase the initial subscription. The fee charged for each installment will be in the amount of the subscription fee valid at the time of Your purchase of the initial subscription, including any discount and/or promotional rates, as applicable. The renewal subscription fees will continue to be automatically charged to the Payment Method You provided until You cancel Your subscription. If the date of Your cancellation falls after a billing period has started, the cancellation will take effect from the next billing period (We are generally unable to process refunds for the unused portion of any subscription period). In case of any changes to the Payment Method You provided, You agree to promptly notify Salt & Pepper Labs of any such changes while You have any active Jumpy Cat subscriptions or other Services. You are solely responsible for all applicable fees and charges incurred, including but not limited to applicable local or other taxes and banking charges, for all subscriptions purchased from Your Jumpy Cat account.
You acknowledge that Salt & Pepper Labs will process Your payment for Services using a third-party payment processor (the “Payment Processor”) to link Your credit card account to the Service, and that Your use of the Service will be additionally subject to the terms, conditions and privacy policies of the Payment Processor and Your credit card issuer. We disclaim any liability for any errors by the Payment Processor or Your credit card issuer. In connection with Your use of the Service, Salt & Pepper Labs will obtain certain transaction details, which We will use solely in accordance with our Privacy Policy. Our obligation to provide a Subscription Service comes into being when We take receipt of Your order. If We are unable to receive payment through the Payment Method that You provided, You agree to pay all amounts due and outstanding within 7 (seven) days of a request from us. You furthermore agree that You are not permitted to resell any parts of the Service for commercial or any other purposes.
Changes in Fees
Salt & Pepper Labs reserves the right to modify any fees and charges for any of the Services provided in the Jumpy Cat App at any time at our sole discretion. If a revision has material effect upon the fees that You are being charged for Services, We will provide at least 30 (thirty) days' notice prior to any new terms taking effect. What constitutes a material effect will be determined at our sole discretion.If You do not agree to the revision of the Terms, You may cancel Your subscription subject to the cancellation policy below.
Cancellations
You may cancel a monthly, or annual Jumpy Cat subscription at any time via your Application Store Subscriptions account, or, if You need further assistance, by contacting us at jumpycat.app@gmail.com. The cancellation will become effective at the end of the applicable monthly or annual period for monthly or annual subscriptions, respectively.
In the event that You fail to comply with any provision of these Terms, You acknowledge that Salt & Pepper Labs may cancel, suspend or terminate Your access to the Services, immediately and without prior notice (in cases including but not limited to fraud or breach of any of Your obligations under these Terms).
Promotions
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Service, except where expressly stated otherwise. Previous users or trial users of the Service do not qualify as new users. Any free trial or other promotion that provides access to a Subscription Service must be used within the specified time of the trial. You must stop using a Subscription Service before the end of the trial period in order to avoid being charged for that Subscription Service. Unless otherwise specified, trial offers are valid for a single use only for new users and are limited to one per household. Any additional terms and limitations that may apply for a specific promotion form a part to these Terms.
Privacy
To enable you to use the App and associated Services, Salt & Pepper Labs collects registration and other information about You through the Jumpy Cat App. The collection and use of this information is set forth in the Jumpy Cat App Privacy Policy found at www.jumpycatapp.com/privacy, and in the Jumpy Cat App Cookie Policy found at www.jumpycatapp.com/cookies, which form part of the legal Agreement between You and Salt & Pepper Labs.
License
Subject to the terms and conditions of these Terms, Salt & Pepper Labs grants You a limited, non-exclusive, non-transferrable, revocable, worldwide, perpetual license to access and use the Jumpy Cat App and Services for Your personal, non-commercial purposes only. You may only use the App and Services on a mobile device that You own or control and as permitted by the respective Application Store Terms of Service.
Restrictions on Use
You shall use the Jumpy Cat App and Services strictly in accordance with the terms of the Agreements and all applicable laws. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Jumpy Cat App; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Jumpy Cat App; (c) store, copy, modify, compile, collect or distribute any of the content made available via the Jumpy Cat App; (d) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (e) violate any applicable laws, rules or regulations in connection with Your access or use of the App; (f) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Salt & Pepper Labs or its affiliates, partners, suppliers or the licensors of the Jumpy Cat App; (g) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the App and Services (including the display of third party advertising); or otherwise, use the Jumpy Cat App for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (h) use the Jumpy Cat App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Salt & Pepper Labs; (i) use the App and Services in a manner that threatens the integrity, performance, or availability of the App and Services; (j) circumvent or disable any digital rights management, or any other security feature(s) of the App, or use the Jumpy Cat App to send automated queries to any Website or to send any unsolicited commercial e-mail; or (k) use any proprietary information or interfaces of Salt & Pepper Labs or other intellectual property of Salt & Pepper Labs in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Jumpy Cat App.
Ownership and Trademarks
Salt & Pepper Labs, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Jumpy Cat App and the associated Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to You. Other product, brand, and company names and logos used in the App and Services are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing in the App and Services without the prior written consent of Salt & Pepper Labs or the owner of the mark, as appropriate, is strictly prohibited.
Access to the Service
We do not provide You with the equipment to use the Service. You are solely responsible for all fees charged by third parties to access and use the Service (for example, charges by ISPs or mobile carriers).
Maintenance and Support
To the extent available, Salt & Pepper Labs will provide maintenance or support for the Jumpy Cat App, including providing users with updates via the respective Application Store.
Warranty
The Jumpy Cat App is provided on an "as is" and “as available” basis. As such, Salt & Pepper Labs disclaims all warranties about the Jumpy Cat App to the fullest extent permitted by law. Salt & Pepper Labs does not warrant uninterrupted use or operation of the Service or that any data sent by or to You will be accurate, complete, transmitted in uncorrupted form, or transmitted within a reasonable amount of time. You will be solely responsible for any delay or loss of any kind that results from Your access to or use of the App and Services, including any loss or harm to Your mobile device. Some jurisdictions may prohibit a disclaimer of warranties, and you may have other rights.
Modification
We reserve the right to modify or discontinue, temporarily or permanently, all or a portion of the App and/or Services without prior notice. Salt & Pepper Labs will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service.
Limitation of Liability
Under no circumstances shall Salt & Pepper Labs or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with Your access or use of or inability to access or use the Jumpy Cat App and any third party content and services, whether or not the damages were foreseeable and whether or not Salt & Pepper Labs was advised of the possibility of such damages. Except as otherwise expressly set forth in the Agreement, the maximum total liability of Salt & Pepper Labs, its affiliates, licensors, suppliers, and distributors to You for any claim related to the App and Services, whether in contract, tort or otherwise, is the greater of the amount You paid for subscription or USD 10 (ten US dollars). The limitations in this clause will apply even if any limited remedy fails its essential purpose.
Feedback
If You provide feedback to us regarding the Service (“Feedback”), You acknowledge that the Feedback is not confidential and You authorise us to use that Feedback without restriction and without payment to You. Accordingly, You hereby grant to Salt & Pepper Labs a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Term and Termination
This Agreement shall remain in effect until terminated by You or Salt & Pepper Labs. Salt & Pepper Labs may, at its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Salt & Pepper Labs, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting your account and the Jumpy Cat App and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the Jumpy Cat App and delete all copies of the App from your mobile device or from your desktop.Termination of Your Jumpy Cat account is Your sole right and remedy with respect to any dispute with Salt & Pepper Labs regarding the App, associated Service, or the Agreement. You remain solely liable for all obligations related to use of the App and Services, even after You have stopped using them.
Third-Party Content
The App and Services may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if You follow a link or otherwise navigate away from the Service, these Terms shall no longer govern; You access and use Third-Party Content at Your own risk.
Indemnity
You will defend, indemnify and hold Salt & Pepper Labs, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and distributors harmless from any costs, damages, expenses, and liability caused by Your use of the App and Services, Your violation of these Terms, or Your violation of any rights of a third party through use of the App and Services.
Assignment
These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by You, but may be assigned by Salt & Pepper Labs without restriction. Any assignment attempted in violation of these Terms is void.
Claims
You agree that any cause of action arising out of or related to the App and Services must commence within 1 (one) year after the cause of action accrues. Otherwise, that cause of action is permanently barred.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Consent to Electronic Communications
By using the Service, You consent to receiving electronic communications from us. These communications may include notices about Your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing. You are solely responsible for all fees charged by Your telecommunications service provider or any other service provider related to Your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.
Amendments to this Agreement
Salt & Pepper Labs reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material We will provide at least 30 (thirty) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. It is Your responsibility to review these Terms regularly. Use of the App and Services after the effective date of a modification signifies Your acceptance of any modified Terms.
Contact Information
Should you have any questions relating to these Terms and the Agreement, You can contact us at jumpycat.app@gmail.com
Last Updated: June 15, 2020