THIS AGREEMENT is made by and between the developers of PunchLab (“PunchLab Devs”) represented by Nicolò Paternoster, and the users of PunchLab app (“Licensee”) having a principal place of business of early users and beta testers.
General Terms And Conditions
- PunchLab has developed PunchLab app including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Software”).
- PunchLab has developed PunchLab exclusive training belt including modifications, enhancements, and related material (“Belt”).
- PunchLab desires that the Software and Belt be tested prior to general release.
- Licensee wishes to serve as a Beta test site for such Software.
NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
- PunchLab grants to Licensee a non-exclusive, non-transferable license to use the Software on a single smartphone at Licensee’s business location solely for Beta testing and Beta use from the effective date of purchase, subject to the term and conditions below.
- In consideration for receiving a copy of the Software for testing, Licensee agrees to serve as a “Beta Site” for the Software and will try to notify PunchLab of all problems and ideas for enhancements which come to Licensee’s attention during the period of this Agreement, and hereby assigns to PunchLab all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
- Licensee agrees that Software is the sole property of PunchLab until it is officially released and includes valuable trade secrets of PunchLab. Licensee agrees to treat Software as confidential and will not without the express written authorization of PunchLab:
- Copy, sell or market Software to any third party; or
- Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
- Software and Belt are prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. Software may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. Software and Belt are provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of Software remains with Licensee. In no event shall PunchLab be liable for any damage whatsoever arising out of the use of or inability to use Software, even if PunchLab has been advised of the possibility of such damages.
- The Licensee upon completion of the Beta test agrees to provide material, statistics, or information that is not deemed confidential to Licensee’s business for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by PunchLab. Licensee will provide a quote to PunchLab that may be used in a press release.
- This License Agreement shall be governed, construed and enforced in accordance with the laws of Spain. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested to above address or such other address as may be given from time to time under the terms of this notice provision.
- This Agreement constitutes the entire and only agreement between the parties for Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
- The licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
- Failure of PunchLab to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
- If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.
- The developers collect data about your calibration phase of PunchLab, and use it internally to feed our machine learning algorithms and make PunchLab more reliable. Among this data we collect details about your smartphone sensor, the model of your phone, the force of the punches and the raw data coming from accelerometers.
- By using PunchLab you acknowledge that you are the sole responsibility for any damage to your phone and injuries that can directly or indirectly derive from training with it.
- Since we ship the PunchLab belt from HK, and depending on your delivery address you might incur in customs fee.
- Due to factors out of our control sometimes shipping can take up to 1 month. We don’t issue refunds for shipping time below the one-month threshold.
- By signing up you consent to provide you with marketing communications where you have opted-in to receive such communications (including information about PunchLab, its prod, cts and services, competitions and promotions). These can be shared via electronic means (e.g. SMS, emails and online advertising) and via post.”
- PunchLab keeps your email address, so we are able to communicate with you and keep you informed about important updates in our beta and the upcoming versions of the app.
- PunchLab keeps the full responses to the surveys you submitted, which can contain sensitive information such as your Instagram handle that you provided. We need this data to better understand the profiles and the needs of the users of PunchLab and provide a better experience.
- PunchLabs keep anonymous statistics on the usage of the app: which mode do people prefer, number of rounds, number of hits, average force, the average intensity, the brand and model of your phone, and the raw data from your accelerometers at calibration time. We use this data to validate our algorithms and to see the features that are most liked and most hated.
- We never share your data with anyone, ever. We use GDPR-compliant third-party services for most of our records: MailChimp for the mailing list, google analytics to track website usage, Typeform for surveys, Google Docs for CRM, and Google Firebase for App stats.
- You can opt out at any moment and erase your information forever by sending an email at firstname.lastname@example.org (or using the buttons below)