These Terms of Service ("Terms") govern your access to and use of the service between you and Jude Pereira ("the Company"), including our mobile application (the "Service"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). Your access to and use of the Service are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
You are responsible for your use of the Service, for any Content you post to the Service, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Service. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Service only if you can form a binding contract with the Company and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Service that the Company provides are always evolving and the form and nature of the Service that the Company provides may change from time to time with a 30 day prior notice to you. In addition, the Service may stop (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
No part of Service is directed to persons under the age of 18. You must be at least 18 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, accounts that have been mislabeled or are otherwise deceptive. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You retain your rights to any Content you submit, post or display on or through the Service. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for the Company to use your Content to improve the Service, and provide information to third parties acting on our behalf, in a manner permitted by these Terms.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. The Company will not be responsible or liable for any use of your Content by the Company in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
The Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by the Company as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by the Company, in the manner permitted by these Terms.
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of the Company. The Service is protected by copyright, trademark, and other international laws. Nothing in the Terms gives you a right to use the Tuneup name or any of the Tuneup trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Tuneup, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service, and to suspend or terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
if the Company is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
You may not do any of the following while accessing or using the Service:
access, tamper with, or use non-public areas of the Service, the Company's computer systems
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our Service
forge any TCP/IP packet header or any part of the header information in any email or posting
interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
impersonate any person or entity
solicit money from any users
"stalk" or otherwise harass any person
express or imply that any statements you make are endorsed by the Company without our specific prior written consent
use the Service in an illegal manner or to commit an illegal act
access the Service in a jurisdiction in which it is illegal or unauthorized
ask or use users to conceal the identity, source, or destination of any illegally gained money or products
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents
collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service
email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
"frame" or "mirror" any part of the Service, without the Company's prior written authorization
use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with these Terms
In addition to the types of Content described in Section 9 above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:
is offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity)
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
advocates harassment or intimidation of another person
requests money from, or is intended to otherwise defraud, other users of the Service
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities)
promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian)
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18
provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity
provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information)
disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges
solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission
publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes
The Company reserves the right to ban and/or take legal action against offenders.
The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
identification of the copyrighted work claimed to have been infringed
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
your contact information, including your address, telephone number, and an email address
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, the Company will also terminate a user's account if the user is determined to be a repeat infringer. All copyright infringement complaints may be sent to firstname.lastname@example.org
The Terms will continue to apply until terminated by either you or the Company as follows:
You may end your legal agreement with the Company at any time for any reason by deactivating your accounts and discontinuing your use of the Service. You do not need to specifically inform the Company when you stop using the Service. If you stop using the Service without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Service at any time for any reason, including, but not limited to, if we reasonably believe:
you have violated these Terms
you create risk or possible legal exposure for us
our provision of the Service to you is no longer commercially viable
We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
Nothing in this section shall affect the Company's rights to change, limit or stop the provision of the Service without prior notice.
Please read this section carefully since it limits the liability of the Company and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Tuneup Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Service or any Content are at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TUNEUP ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Tuneup Entities make no warranty and disclaim all responsibility and liability for:
the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content
any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content
the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service
whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis
No advice or information, whether oral or written, obtained from the Tuneup Entities or through the Service, will create any warranty not expressly made herein
The Service may contain links to third-party websites or resources. You acknowledge and agree that the Tuneup Entities are not responsible or liable for:
the availability or accuracy of such websites or resources
the content, products, or services on or available from such websites or resources
Links to such websites or resources do not imply any endorsement by the Tuneup Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TUNEUP ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
We may revise these Terms from time to time, the most current version will always be at https://letstuneup.co/terms.html. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email address associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
The Service is operated and provided by the Company. If you have any questions about these Terms, please contact us.