Muscle AI Terms and Conditions
These Terms of Use (referred to as the “Terms”) outline the legally binding conditions applicable to your use of any of the applications (“App” or “Apps”) from Muscle AI. In this policy, “Muscle AI” may also be referred to as “We” or “Us”.
Please note that these Terms form an agreement between you and Us. Therefore, we strongly encourage you to thoroughly review the Terms. By installing, accessing, or using the Apps, you confirm that you have read, understood, and agree to be bound by the Terms, including our Privacy Policy and any other referenced documents. You represent and warrant that you have the right, authority, and capacity to accept these Terms and comply with them. Your use of the App signifies your acceptance of the Terms. If you do not agree with or understand the Terms, please do not use, install, access, or register with the App (including any software or application forming part of the App). If you do not accept these Terms, you are not authorized to use the App, and you must promptly uninstall and delete all copies.
We may modify or amend the Terms periodically. If changes are made, we will notify you by posting a notice within the Application and updating the “Last Updated” date above. Continued use of the App after such a notice constitutes your acceptance of the changes.
- Agreement
1.1 License
Subject to this Agreement’s terms, Muscle AI grants you a non-transferable, non-exclusive license to (a) use the Apps for your personal use and (b) copy the Apps for downloading, installing, and executing on a mobile device you own or control (the “License”).
1.2 Certain Restrictions
The rights granted to you under this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or commercially exploit any App; (b) you shall not modify, translate, adapt, merge, create derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Apps, except where such restrictions are expressly prohibited by law; (c) you shall not access any App to build a similar or competitive service or application; (d) no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, except as expressly stated herein; (e) you shall not remove or destroy any copyright notices or other proprietary markings on or in any App. Any future release, update, or addition to the functionality of any App (including in-App purchases, additional levels, and gameplay enhancements) will be subject to this Agreement unless otherwise specified. All copyright and proprietary notices on any App content must be retained on any copies.
1.3 Local Laws
You are solely responsible for complying with all applicable laws, including export and import regulations.
1.4 Modification
Muscle AI reserves the right to modify, suspend, or discontinue the Apps or any part thereof at any time, with or without notice. You agree that Muscle AI will not be liable to you or any third party for any modification, suspension, or discontinuance of any App or any part thereof.
1.5 Ownership
The Apps provided to you are licensed, not sold. Muscle AI (and its licensors, if applicable) retain all rights, titles, and interests, including all related intellectual property rights, in and to the Apps, excluding your User Content (as defined below). This Agreement does not constitute a sale and does not grant you any ownership rights to the Apps. The Muscle AI name, logo, and product names associated with the Apps are owned by Muscle AI (or its licensors, if applicable), and no right or license to use them is granted by implication, estoppel, or otherwise. Muscle AI (and its licensors, if applicable) reserve all rights not expressly granted in this Agreement.
2. User Content
2.1 User Content
“User Content” refers to any content created, uploaded, distributed, or otherwise provided by users via any App. You are solely responsible for your User Content and assume all risks related to its use, including its accuracy, completeness, or usefulness to others, and any disclosures that make you or third parties personally identifiable. You represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). Muscle AI is not obligated to back up any User Content, and such content may be deleted at any time. You are responsible for creating backup copies of your User Content if desired.
2.2 License
By uploading, distributing, or using your User Content with any App, you automatically grant, and represent and warrant that you have the right to grant, to Muscle AI an irrevocable, non-exclusive, royalty-free, fully paid, worldwide license, with the right to sublicense, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content solely to display it on any App.
2.3 Feedback
If you provide Muscle AI with any feedback or suggestions (“Feedback”), you assign all rights in the Feedback to Muscle AI and agree that Muscle AI has the right to use such Feedback in any manner it deems appropriate. Muscle AI will treat any Feedback you provide as non-confidential and non-proprietary. You agree not to submit any information or ideas that you consider confidential or proprietary to Muscle AI.
2.4 Acceptable Use Policy
Muscle AI “Acceptable Use Policy” includes the following restrictions:
- You agree not to use any App to upload, distribute, or otherwise use any User Content that:
- Violates any third-party rights, including intellectual property or proprietary rights.
- Is tortious, trade libelous, defamatory, false, or intentionally misleading.
- Is harassing, abusive, threatening, vulgar, obscene, offensive, or contains pornography, nudity, or gratuitous violence, or promotes violence, racism, discrimination, bigotry, hatred, or physical harm.
- Is harmful to minors.
- Constitutes unsolicited or unauthorized advertising, promotional materials, spam, or similar content.
- Violates any law, regulation, or contractual obligations.
- You agree not to use any App to:
- Upload or distribute viruses, worms, or malicious code.
- Collect data about other users without their consent.
- Interfere with servers or networks connected to Apps.
- Attempt unauthorized access to the App or its networks.
- Interfere with another user’s use and enjoyment of the App.
2.5 Enforcement
We reserve the right, but are not obligated, to review any User Content and may remove or modify it at any time for any reason, at our sole discretion, with or without notice.
2.6 Objectionable Content Policy
Moderators will block users and content deemed objectionable. Objectionable Content includes, but is not limited to:
- Sexually explicit materials.
- Obscene, defamatory, libelous, violent, or unlawful content or profanity.
- Content that infringes third-party rights, is deceptive or fraudulent.
- Content promoting illegal or regulated substances, tobacco, ammunition, or firearms.
- Gambling-related content, including online casinos, sports books, bingo, or poker.
3. Term and Termination
3.1 Term
This Agreement begins when you accept it and remains in effect while you use the App unless terminated earlier as specified in this Agreement.
3.2 Pre-Agreement Use
If you used any App before accepting this Agreement, you agree that this Agreement starts from the date you first used any App and remains in effect while you use any App, unless terminated earlier as specified in this Agreement.
3.3 Suspension or Termination
We may suspend your rights to use any App or terminate this Agreement at any time for any reason, at our sole discretion, with or without notice, including if we believe you have violated the Acceptable Use Policy or any other provision of this Agreement. We reserve the right to terminate this Agreement with any user who repeatedly infringes third-party copyrights upon notification from the copyright owner or legal agent.
3.4 Effect of Termination
Upon termination, your right to use the App will immediately end, and any related User Content may be deleted. Muscle AI will not be liable for any termination of this Agreement, including the deletion of User Content. Certain sections of this Agreement will survive termination, including sections 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 5, 6, 7, 8, and 9.
4. Indemnity
You agree to defend, indemnify, and hold harmless Muscle AI (and its suppliers) from any claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from your use of any App, your User Content, or your violation of this Agreement. Muscle AI reserves the right to assume exclusive defense and control of any matter subject to indemnification at your expense, and you agree to cooperate with our defense. You agree not to settle any matter without Muscle AI prior written consent. Muscle AI will make reasonable efforts to notify you of any such claim, action, or proceeding.
5. Third Parties
5.1 Application Stores
You acknowledge that the availability of the App depends on the third party from which you obtained it (e.g., Apple App Store, Google Play Store). This Agreement is between you and Muscle AI, not with the Application Store. The Application Store is not responsible for the App, its content, maintenance, support, warranty, or addressing any related claims (e.g., product liability, legal compliance, intellectual property infringement). You agree to pay any fees charged by the Application Store and comply with its terms and policies. The Application Store and its subsidiaries are third-party beneficiaries of this Agreement and have the right to enforce it.
5.2 Third-Party Services
Muscle AI may allow certain third-party applications to provide content through the App (“Third-Party Services”). The App can send content from these Third-Party Services between users who have the respective service installed on their devices. When you use these services, Muscle AI shares information with the Third-Party Service as outlined in Muscle AI Privacy Policy. Muscle AI does not control or take responsibility for Third-Party Services, providing them solely for your convenience. Muscle AI has no obligation to review, monitor, approve, endorse, or make any representations or warranties about these Third-Party Services. You use Third-Party Services at your own risk. When accessing a Third-Party Service, the terms and policies of that third party apply, including their privacy policies. Ensure you perform any necessary investigation before engaging in any transaction with these Third-Party Services.
5.3 Other Users
The App may contain User Content provided by other users. Muscle AI does not control or take responsibility for this User Content and has no obligation to review, monitor, approve, endorse, or make any representations or warranties about it. You use User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user, and Muscle AI is not obligated to become involved. Muscle AI will not be liable for any outcomes resulting from these interactions.
5.4 Release
You hereby irrevocably release and discharge Muscle AI (and its suppliers) from any and all claims, demands, and rights of action, whether known or unknown, related to interactions with, or actions or omissions of, any Third-Party Service, other App users, or Third-Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. Disclaimers
6.1 The Apps are provided “as-is” and “as available,” and Muscle AI (and its suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. AppSLabs (and its suppliers) make no warranty that any App will: (a) meet your requirements; (b) be available on an uninterrupted, timely, secure, or error-free basis; or (c) be accurate, reliable, complete, legal, or safe.
6.2 Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
7. Limitation on Liability
7.1 In no event shall Muscle AI (or its suppliers) be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to this Agreement or Muscle AI privacy practices, any App, even if Muscle AI has been advised of the possibility of such damages. Access to, and use of, any App is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, Muscle AI liability to you for any damages arising from or related to this Agreement or Muscle AI privacy practices (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount you’ve paid Muscle AI in the prior 12 months (if any). In no event shall Muscle AI suppliers have any liability arising out of or in any way connected to this Agreement.
7.2 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may have other legal rights that vary from jurisdiction to jurisdiction.
8. Fees
You agree to pay the applicable fee (to us or the applicable distributor) for the Apps you download and for any in-app purchases (such as virtual currency, in-app products, or subscriptions) you make.
9. General
9.1 Changes to this Agreement
This Agreement is subject to occasional revision. If we make any substantial changes, we may notify you by prominently posting updates on our Site. These changes will be effective immediately for new users of our Apps. Continued use of our Apps following such notice indicates your acknowledgment of such changes and agreement to be bound by the updated terms and conditions. The date of the latest update is indicated at the top of this document. We recommend printing a copy of this Agreement for your reference and revisiting this webpage from time to time to ensure you are aware of any changes.
9.2 Notice
Any notice provided to Muscle AI pursuant to this Agreement should be sent to: info@hisoftware.co
9.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the other provisions will remain unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
9.4 Entire Agreement
This Agreement constitutes the final, complete, and exclusive agreement between you and Muscle AI with respect to the subject matters hereof (including all Apps) and supersedes and merges all prior discussions and agreements (including any prior End User License Agreements and Terms of Service or Privacy Policy). Failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Section titles in this Agreement are for convenience only and have no legal or contractual effect. “Including” means “including without limitation.” Your relationship to Muscle AI is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without Muscle AI prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Muscle AI may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.