Terms of Use & End-User License Agreement
These Terms of Use ("Terms") govern your use of the websites, the SMS text line ("Ping"), and the mobile applications published by Stand And Stretch LLC ("Stand And Stretch," "we," "us," or "our") under Stand And Stretch App Dev. By using any of these, you agree to these Terms. If you do not agree, do not use them. Our Privacy Policy is incorporated by reference.
1. Eligibility
You must be at least 18 years old, or the age of majority where you live, and able to form a binding contract to use our paid services. Apps for general audiences may be used per their store age ratings.
2. Our services
We provide digital marketing services, this website, the Ping text line for clients, and mobile applications. Specific engagements are governed by a separate services agreement; if that agreement conflicts with these Terms for that engagement, the services agreement controls.
3. End-User License Agreement (mobile apps)
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use our applications on a device you own or control, solely for your personal or internal business use.
You may not: copy, modify, or create derivative works of an app; reverse engineer, decompile, or disassemble it except where that restriction is prohibited by law; rent, lease, lend, sell, or sublicense it; remove proprietary notices; or use it to build a competing product. We may issue updates, and these Terms govern those updates unless they come with separate terms.
3.1 Apple App Store apps
For apps you obtain through the Apple App Store, you acknowledge:
- These Terms are between you and Stand And Stretch only, not Apple. Stand And Stretch, not Apple, is solely responsible for the app and its content.
- Your license is limited to use on Apple-branded devices you own or control, as permitted by the App Store Usage Rules in Apple's Media Services Terms and Conditions.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation; any other claims are our responsibility.
- Stand And Stretch, not Apple, is responsible for addressing claims relating to the app, including product liability, legal/regulatory non-conformance, and consumer protection claims.
- Stand And Stretch, not Apple, is responsible for investigating and resolving any third-party intellectual-property infringement claim relating to the app.
- You represent you are not located in a U.S.-embargoed country or on a U.S. prohibited-parties list.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
3.2 Google Play apps
For apps you obtain through Google Play, your use is also subject to the Google Play Terms of Service. Stand And Stretch, not Google, is responsible for the app and any support.
4. Acceptable use
Do not misuse our services: no unlawful, infringing, or harmful activity; no interference with or disruption of the services; no unauthorized access; no scraping or automated abuse; and no use that violates the rights of others.
5. SMS program
Use of Ping is governed by our SMS Program Terms. Message and data rates may apply. Reply STOP to opt out, HELP for help.
6. Intellectual property
The services, including software, text, graphics, logos, and the Stand And Stretch name and marks, are owned by Stand And Stretch or its licensors and protected by law. Except for the license above, no rights are granted to you.
7. Disclaimers
The services and apps are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
8. Limitation of liability
To the maximum extent permitted by law, Stand And Stretch will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising from your use of the services or apps. Our total liability for any claim will not exceed the greater of the amount you paid us for the relevant service in the prior twelve months or one hundred U.S. dollars.
9. Indemnification
You agree to indemnify and hold harmless Stand And Stretch from claims arising out of your misuse of the services or violation of these Terms.
10. Governing law
These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. The exclusive venue for disputes is the state or federal courts located in Muscogee County, Georgia, and you consent to their jurisdiction.
11. Changes
We may update these Terms from time to time. We will revise the effective date above. Continued use after an update means you accept the revised Terms.
12. Contact us
Stand And Stretch LLC
PO Box 333, Midland, GA 31820
lucas@standandstretch.com
(706) 406-1746