Terms of Service


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.

1. Basic 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.

2. Eligibility

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.

3. Creating an Account

In order to use the Service, you must have or create a Facebook account and sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

4. Privacy

Any information that you provide via the Service is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Company. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service, which you may not be able to opt-out from receiving.

5. Content on 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.

6. Your Rights

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.

7. Your License To Use the Service

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.

8. Our Rights

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.

9. Restrictions on Content and Use of the Service

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

  1. as required by law, such as to comply with a subpoena, or similar legal process;

  2. 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;

  3. with our trusted service providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in our privacy policy.

  4. 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:

10. Abusive Behaviour

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:

The Company reserves the right to ban and/or take legal action against offenders.

11. Copyright Policy

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:

  1. identification of the copyrighted work claimed to have been infringed

  2. 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

  3. your contact information, including your address, telephone number, and an email address

  4. 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

  5. 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 contact@judepereira.com

12. Ending These Terms

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:

  1. you have violated these Terms

  2. you create risk or possible legal exposure for us

  3. 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.

13. Disclaimers and Limitations of Liability

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.

A. The Service are Available "AS-IS"

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:

  1. the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content

  2. 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

  3. the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service

  4. 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

B. Links

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:

  1. the availability or accuracy of such websites or resources

  2. 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

C. Limitation of Liability

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.

14. General Terms

These Terms, and our Privacy Policy are the entire and exclusive agreement between the Company and you regarding the Service, and these Terms supersede and replace any prior agreements between the Company and you regarding the Service.

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.