Terms and Conditions

Last updated: July 4, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE.

About StretchMinder

StretchMinder is a service developed and provided by Calvin Cheng. The service is available online at, among other places, www.stretchminder.app, and in the Apple App Store as “StretchMinder”. The purpose of StretchMinder is to help our users stay active throughout their workday by sending recurring reminders for them to perform daily self-care routines.

Use of StretchMinder

These Terms and Conditions ("Terms", "Terms and Conditions") we describe the usage for StretchMinder mobile applications, software, websites, APIs and services ("StretchMinder", "the Service" or "Application") operated by Calvin Cheng ("we", "us", or "our").

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Our Privacy Policy

For information about how we collect, use and store your personal information, please refer to our Privacy Policy.

PHYSICAL ACTIVITY NOTICE

The Service may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Calvin Cheng is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Service.

Description of potential risks

The activities promoted on the Service may be new to you, and will challenge and possibly exceed your level of ability.  The reaction of the heart, lung, blood vessels as well as other systems to exercise cannot always be predicted with accuracy, and there is a risk of certain abnormalities occurring during the activities promoted on the Service. There exists the remote possibility of adverse changes occurring during these activities including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and very rare instances of heart attack, stroke, or even death. The activities promoted on the Service may lead to injuries including, but not limited to, injuries to the muscles, ligaments, tendons, and joints of the body if adequate warm-up, gradual progression, and safety procedures are not consistently followed.

Content on StretchMinder

StretchMinder may enable you to post, upload, store, share, send or display information such as photos, images, video, data, text, workouts, workout sessions, activities, likes, comments and other information and material (“Content”) to and via StretchMinder. You own all rights to the Content that you post to StretchMinder whether it was publicly posted, privately transmitted, or submitted through a third-party provider (e.g. an activity imported from Apple Health or Google Fit).

By making the Content available in StretchMinder you hereby grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide licence to use, copy, modify, publicly display, publicly perform, reproduce and translate any Content that you post on or in connection with StretchMinder. This license will be invalidated when you delete your account.

By using StretchMinder you further agree that (1) you understand that you, and not Calvin Cheng, are fully responsible for all Content that you upload, transmit or otherwise make available via StretchMinder; (2) that StretchMinder does not frequently monitor or examine the Content you or other users of StretchMinder upload to StretchMinder and, as such are not responsible for the integrity or quality of such Content; (3) that StretchMinder has the right to refuse or remove any Content that violates the Terms; (4) that by using StretchMinder you might be exposed to Content that is offensive, indecent or objectionable.

By using StretchMinder you further agree to not (1) promote or advertise products or services commercially; (2) use or attempt to use another user’s account; (3) upload any Content that contains software viruses or is designed to destroy or interrupt any of StretchMinder functionality; (4) upload any Content that is of promotional material, spam, offensive or criminal activity.

Your Account

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Children under the age of 16 are not allowed to create an account in StretchMinder. If we learn that we have accessed or stored the personal information about a child under the minimum required age, we will take steps to delete the information as soon as possible. Parents or guardians who believe that their child has transmitted data to StretchMinder should contact us immediately at support@stretchminder.app.

You can at any time choose to delete your account by contacting us directly at support@stretchminder.app. Please note that uninstalling the mobile application or deleting your account will not automatically stop your StretchMinder Plus subscription — you must actively cancel the subscription. Please note that if you have subscribed to StretchMinder Plus through the use of the Apple App Store, Google Play Store or any other service provider, you can only cancel your subscription through the use of their services.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)", "StretchMinder Plus"). Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the active period. In iTunes you have the option to manage your subscription or turn off auto-renewal by going to your iTunes account settings after the purchase.

You may at any time terminate your subscription, in which case your subscription will still be valid for the subscription time you have already paid for. If you have subscribed through the use of the Apple App Store, Google Play Store or any other service provider, using in-app purchases, you can only cancel your subscription through the use of their services.

Free Trial

StretchMinder may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by StretchMinder until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, StretchMinder reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

StretchMinder, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

StretchMinder will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple’s consent. If you would like to contact Apple, please click here.

Feedback and Submissions

We welcome comments, ideas, feedback or other communication regarding StretchMinder. If you provide feedback to us you hereby grant us to use, disclose, reproduce, distribute and exploit this feedback without any restriction or compensation to you. For this reason, do not send us any feedback that you do not want us to use without any restriction or compensation to you.

Termination

You agree that Calvin Cheng has the right to suspend or deactivate your account or your access to certain parts of StretchMinder at any time and without notice or liability to you. Upon such termination we might delete your account and other information related to your account.

Reason for such termination could be violations of this agreement, requests from law enforcement or other government agency requests, but it is not limited to any of these.

Health

You are responsible for your own health. Calvin Cheng is not a medical professional and we will not provide you with any medical advice or diagnosis. The purpose of StretchMinder is solely to help our users stay active throughout their workday by sending recurring reminders for them to perform daily self-care routines. Information made available through StretchMinder and by our partners and affiliates shall solely be used for recreational and educational purposes.

Consult your doctor before using StretchMinder, and if you experience any pain or discomfort. We cannot guarantee any health, weight and/or fitness results or improvements. StretchMinder is only intended for healthy adults. Please do not use StretchMinder if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise.

Calvin Cheng is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of StretchMinder.

Disclaimer and limitation of liability

You use StretchMinder at your own risk. StretchMinder is provided “AS IS,” without any warranties, and Calvin Cheng does not warrant that StretchMinder and availability thereof will be uninterrupted or error-free. Calvin Cheng does not assume any responsibility for errors or omissions in the information or software or other documents, including user generated material, which is referenced by or linked to. References or links to third parties’ websites are provided “AS IS,” without warranty of any kind, either expressed or implied.

In no event shall Calvin Cheng be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, Calvin Cheng's aggregated liability for any direct damages shall be limited to the lesser of: (1) membership fees paid by the user; (2) membership fees paid by the user during the previous calendar year; or (3) USD$50.00.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by StretchMinder.

StretchMinder has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that StretchMinder shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Changes to these Terms

Calvin Cheng has the right to modify these Terms at any time, so please review it occasionally. We will notify you before we make any substantial changes to the Terms and give you an opportunity to review the revised Terms.

Any and all material changes shall come into effect between you and Calvin Cheng upon your acceptance of such changes (e.g. by using StretchMinder after such notification has been made to you or renewing your subscription).

If you object to any change in the Terms you should immediately delete your account and stop using StretchMinder.

Governing law and dispute resolution

These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Hong Kong Law. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the Hong Kong Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

Contact Us

If you have any questions about these Terms, please email us directly at support@stretchminder.app