Coach Ana™ User Terms

Last Updated: Oct 17 2022

These Terms of Use (“Terms”) apply to your access to and use of the Coach Ana mobile application (“App”) provided by Giving Tech Labs LLC and its affiliates (“Giving Tech Labs” or “we”). By using the App, you agree to these Terms. If you do not agree to these Terms, do not use the App.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes by updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the App after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the App.

For information about how we collect, use, share, and otherwise process information about you in connection with the App, please see our Coach Ana Privacy Policy https://suvotek.com/coach-ana-privacy.  You can contact us by using the contact request form on our website at: https://suvotek.com.

1.          Ownership; Limited License

The App, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Giving Tech Labs and our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the App are reserved by us or our licensors.  Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non transferable, non-sublicensable, revocable license to: (a) install a single copy of the App on a mobile device you own or control; and (b) use the App for your own personal use. Any use of the App other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

2.          Prohibited Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the App. You further will not:

1. Sell, license or, resell the App or access to the services made available via the App;
2. Copy, reproduce, distribute, publicly perform or publicly display all or portions of the App, except as expressly permitted by us;
3. Modify the App, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the App;
4. Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the App or that could damage, disable, overburden or impair the functioning of the App in any manner;
5. Reverse engineer any aspect of the App or do anything that might discover source code or disable, bypass or circumvent restrictions or measures employed to prevent or limit access to any part of the App;
6. Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the App;
7. Develop or use any applications that interact with the App without our prior written consent; or
8. Use the App for any unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

3.          Third-Party Tools and Other Content 

We may provide information about third-party products or services on or through the App (“Third-Party Content”). You are solely responsible for your use of Third-Party Content, and you must ensure that your use of Third-Party Content complies with all applicable laws.  Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Giving Tech Labs does not control or endorse, and makes no representations or warranties regarding any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

4.          Disclaimers

Your use of the App is at your sole risk. Except as otherwise provided in a writing by us, the App and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Giving Tech Labs does not represent or warrant that the App is accurate, complete, reliable, current or error-free. You assume the entire risk as to the quality and performance of the App.

5.          Limitation of Liability

1. To the fullest extent permitted by applicable law, Giving Tech Labs will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Giving Tech Labs or the other Giving Tech Labs Parties have been advised of the possibility of such damages.
2. The total liability of Giving Tech Labs for any claim arising out of or relating to these Terms or the App, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you (if any) to use the App for the 6 months preceding the claim.
3. The limitations set forth in this Section 5 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Giving Tech Labs or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

6.          Governing Law and Venue 

Any dispute arising from these Terms and your use of the App will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction, and any dispute between the parties will be resolved in the state or federal courts of King County, Washington, and the United States, respectively, sitting in Seattle, Washington.

7.          Modifying and Terminating the App

We reserve the right to modify the App or to suspend or stop providing all or portions of the App to you at any time. You also have the right to stop using the App at any time. We are not responsible for any loss or harm related to your inability to access or use the App.

8.          Miscellaneous

1. You must comply with all applicable export compliance laws in connection with your use of the App, including by ensuring that no content or materials are exported or re-exported to any country, person or entity in violation of any U.S. sanctions or export controls (including to any sanctioned or restricted entities). 
2. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. 
3. The failure of Giving Tech Labs to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
4. The section titles in these Terms are for convenience only and have no legal or contractual effect.
5. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
6. These Terms together with any supplemental terms we provide for the App are the entire agreement relating to your use of the App.
7. You agree that communications and transactions between us may be conducted electronically.

9.          Additional Terms for iOS Users

The following terms apply if you are accessing or using the App on an Apple Inc. (“Apple”) branded mobile device.

1. Acknowledgement. The Terms are concluded between Giving Tech Labs and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.
2. Scope of License. The license granted to you for the App under the Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
3. Maintenance. Giving Tech Labs is not obligated to provide any support or maintenance services for the App, provided that we are solely responsible for such services to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty. To the effect not effectively disclaimed under Section 4 of the Terms, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under Section 4, you may notify Apple, and Apple will refund the purchase price(if any) for the App; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Liability.  Subject to Section 5 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. IP Claims. Subject to Section 5 of the Terms, in the event of any third-party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.