Terms of Use

Please read the following Terms and Conditions carefully before you use any service provided by Ivan Marzan. Your use of the products of Ivan Marzan. will be subject to these terms, and by using the products of Ivan Marzan. you agree to be bound by them.

Introduction.

Ivan Marzan. ("Ivan Marzan.", "We", "Us," "Our", “Company”) develops mobile applications ("Our Products"). Our Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group ("Apple"). Our Android Applications may be downloaded from Google Play, which is owned and operated by Google Inc. and other companies within its group ("Google"). The Ivan Marzan. website (the “Website”), all other products and services, including mobile apps (the “Application”), and all content offered as part thereof, are collectively referred to herein as the “Services” and are offered to you by Ivan Marzan. Our goal is to help people lead a healthy way of life through health and well-being activities. Our Products offer content, features, functionality, and other information and services including, without limitation, viral, embeddable or application/device-based features and related technology, also when accessed via the Internet, mobile or other devices (collectively, "Our Services"). We develop Our Products for informational purposes only. You must ALWAYS consult your physician or doctor before starting any program. Subscribers, account holders, customers, users, and others who download, access, use, purchase and/or subscribe to the Services (“you”) agree to these Terms and Conditions (the “Terms and Conditions”). By agreeing to these Terms and Conditions, you confirm that you are solely responsible for your state of health. These Terms and Conditions govern your use of the Services and are a condition to your use of the Services.

Acceptance of Terms and Conditions.

By using Our Products and Services, you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Our Products and Services. Ivan Marzan. reserves the right to amend these Terms and Conditions at any time without prior notice. An up-to-date version of these Terms and Conditions will be available on the official website of Ivan Marzan., and any changes will come into effect immediately upon posting. By continuing to use our products, you agree to the amended Terms and Conditions.

Intellectual Property.

All texts, graphics, designs, logos, button icons, images, data compilations, and information ("Content") contained in Our Products and Services are the Intellectual Property of Ivan Marzan. (or belongs to it), and are protected by copyright laws. All logos and trademarks displayed in Our Products and Services are registered trademarks or trademarks of Ivan Marzan. No trademarks may be used without the prior written consent of Ivan Marzan. except to identify the products or services associated therewith. Our Products and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Ivan Marzan. or its licensors.

Legality of Use.

By using Our Products, you hereby warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you, permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim or damage arising from your use of Our Products, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Our Products, you attest and verify that you are physically and mentally able to use Our Products, and knowingly accept and are fully aware of all risks associated with their use.

Membership Subscriptions.

Our applications offer subscriptions that grant you access to additional features like training plan personalization or full access to the content. Some of our subscriptions include a free trial period, where you can experience the application at no cost. A subscription with a free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, you must cancel the subscription before the free trial ends. We offer monthly and annual subscription options. Payment will be charged to your credit/debit card through your iTunes Account or Google Wallet Account after you choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew, unless auto-renew is turned off, until canceled in the Manage Subscriptions section of your account settings. Auto-renewal may be turned off in your Google Wallet account after purchase. If you purchase a subscription through the Google Play store, you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner. We will notify you if the price of the subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.

Representations and Warranties, Limitation of Liability.

Ivan Marzan. makes no representations regarding: (a) the credentials of anyone using our Services and/or Products as part of any health care or medical plan of care, or plan of treatment ("POC"); (b) the suitability of the exercises included in any such POC; (c) the viability, medical soundness or efficacy of any such POC; or (d) the overall health or medical benefits you might derive from using our services and products or POC which incorporates our services and products. The use of any software or hardware offered by Ivan Marzan. is no substitute for a consultation by the User with a specialized doctor. Our Services and Products are provided "as is" without any warranties, expressed or implied, including but not limited to the implied warranties of merchantability, used for a particular purpose, or non-infringement. Ivan Marzan. makes no representation or warranty that the information contained in our Services and/or Products will be current, timely, complete, accurate, or error-free. To the extent that the law does not permit the disclaimer of warranties, all content accessible in our services and products, or any other web site to which our services and products link, is warranted only to the minimum amount legally required. In no event shall Ivan Marzan. be liable to any party for any direct, indirect, special or other consequential damages for any use of this in our Services and Products, or on any linked web site, including, without limitation, any lost profits, business interruption or otherwise. Ivan Marzan. shall be liable as currently provided for by law, regardless of the statutory basis of such liability (pre-contractual, contractual, tort) only if Ivan Marzan. has caused specific damage willfully or with gross negligence. In the event of slight negligence, Ivan Marzan. shall not be liable to other businesses and shall be liable to consumers only for personal damages, Ivan Marzan. shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims from third parties.

Restrictions on Use of the Service.

In addition to any other restrictions set forth in these Terms and Conditions, and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material Ivan Marzan. or any other person or entity posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Ivan Marzan. or obtained from the Service; provide any false personal information to Ivan Marzan.; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without Ivan Marzan.’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; or violate any applicable federal, state, or local laws or regulations or the terms of this document.

Privacy Policy

Please see the Privacy Policy. Please bear in mind that we might refuse or limit your access to our Products in case you refuse to accept the . If you have a membership subscription and you do not accept or refuse to accept any new Privacy Policy that we might release in the future, and that is not decreasing any of your existing rights, we might refuse or limit your access to our Products without compensating any fees paid for your membership subscription. You can still use our Products once you accept said new Privacy Policy. Your account will be put on hold, and no further automatic renewals of your subscription will be possible. We will need your active acceptance only in the case we materially change our Privacy Policy due to legal requirements or in the course of compliance procedures (for example, if we amend the types of personal data we collect from you, your rights, or change data processing purposes). For any technical or non-material changes, your continued use of our Products will constitute a valid consent with such new . If you have a membership subscription and you do not accept or refuse to accept any new Privacy Policy that we might release in the future, and that is not decreasing any of your existing rights, we might refuse or limit your access to our Products without compensating any fees paid for your membership subscription. You can still use our Products once you accept said new Privacy Policy. Your account will be put on hold, and no further automatic renewals of your subscription will be possible. We will need your active acceptance only in the case we materially change our Privacy Policy due to legal requirements or in the course of compliance procedures (for example, if we amend the types of personal data we collect from you, your rights, or change data processing purposes). For any technical or non-material changes, your continued use of our Products will constitute a valid consent with such new .

Maintenance.

Ivan Marzan. is not responsible for any outages or service interruptions that occur from time-to-time when using Our Products, including those due to software, hardware, or power failures, or issues at the wireless carrier level. In addition, Ivan Marzan. is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks. Ivan Marzan., in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant, such as use, adoption, and appeal of the operating system.

Content Created by Users and Rights to Such Content.

The User consents that as a result of the automatic evaluation of the way the User uses Our Products, he/she may be exposed to certain offers and/or marketing messages tailored to such User. The User consents that marketing measures may also be taken in relation to created content, which are marketed by Ivan Marzan. The User grants Ivan Marzan. the irrevocable, free, non-exclusive, and unlimited right to use all content generated, transmitted, saved and published by such User. Accordingly, Ivan Marzan. shall have the right to use all content, irrespective of the type of usage. This shall include the right to change and edit such content, unless such changes or edits impair the material interests of the User. In this connection, the User waives, to the legally permissible extent, all intellectual property rights. Ivan Marzan. does not claim ownership of any content created by Users and will not supervise such content.

Territory.

The term "Territory" means the United States, its territories possessions, North America, the United Kingdom, and Australia. Any additional Territories shall be subject to mutual approval.

Governing Law.

These Terms and Conditions, any non-contractual obligations arising in connection with them, and litigation between the Users and Ivan Marzan. shall be subject to US law only. The state and federal courts in Las Vegas, Nevada, shall have non-exclusive jurisdiction to determine any dispute arising in connection with these Terms and Conditions, including disputes relating to any non-contractual obligations.

Use by Minors.

General age limitation. Our Products are not intended for children under 16 years old. By using this site, you agree to the Terms and Conditions presented here. If you do not agree to these Terms and Conditions you may not use this Website. By using this site, you agree that you are of at least 16 years of age. If you are aware of anyone under 16 using our Products, please contact us at trickydev@gmail.com, and we will take required steps to delete or terminate their account.

Disclaimer of Warranties.

You agree that the use of the Services is entirely at your own risk. The Services are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not make any warranty that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The Company makes no warranties as to the results that may be obtained from the use of the Services or as to the accuracy, quality, or reliability of any information obtained through the Services. The Company disclaims any warranties for other Services or goods received through or advertised on the Services, or accessed through any links on the Services. The Company disclaims any warranties for viruses or other harmful components in connection with the Services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitations of Liability.

Under no circumstances shall the Company be liable for any damages resulting directly or indirectly from any aspect of your use of the Website, Content, or Services. You must evaluate, and agree to bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the services. You specifically acknowledge that the Company is not liable for the defamatory, offensive, or illegal conduct of Users or third parties. Additionally, in no event will the Company be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use the Services; (2) the cost of procurement of substitute Services, items, or Website; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the Services; or (5) any other matter relating to the Services. These limitations will apply whether or not the Company has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. You acknowledge and understand that the disclaimers, exclusions, and limitations of liability set forth herein form an essential basis of the agreement between you and the Company and that absent such disclaimers, exclusions, and limitations of liability, the Terms and Conditions and your access to the Websites and Services would be substantially different. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

Contact us

It should be noted that whether or not to send us your feedback or bug report is a completely voluntary initiative upon your own decision. If you have concern about your PII being misused, or if you want further information about our privacy policy and what it means, please feel free to email us at trickydev@gmail.com, we will endeavor to provide clear answers to your questions in a timely manner.

END USER LICENSE AGREEMENT

By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.
As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license to access and use the App pursuant to this Agreement on any Apple-branded products that you own or control except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing (the “License”).
The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
In the event of any third party claim that your possession and use of the App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of Ivan Marzan and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

THIRD PARTIES’ TECHNOLOGIES INTEGRATED INTO THE APP

eSIM data plans available within the App rely on the technology from Telnyx. See www.telnyx.com for details. As regards the eSIM data plans available within the App, Ivan Marzan acts as an authorized reseller of Telnyx

PROHIBITED BEHAVIOUR

You agree not to use the App in any way that:
is unlawful, illegal or unauthorized; is defamatory of any other person; is obscene or offensive; infringes any copyright, database right or trademark of any other person; advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; commits fraud or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; violates this Agreement or creates liability for us. You shall not use the App in any manner associated with the transmission, distribution, or delivery of any unsolicited bulk or unsolicited commercial SMS, MMS, EMS including but not limited to junk mail, smishing, fraudulent messages and etc.("spam"). You may not use the App to send spam.
We will define spam as messages of a certain length of duplicate content sent over the past seven days. If our anti-spam system fixes several repeated messages, we will send you a warning in the form of SMS. If you continue to send such messages, we will block your outgoing calls, SMS, MMS, EMS and send you notification SMS. You should contact us via support form with the request of unlocking the account when you are sure that the account is blocked by mistake. subscriptions fees and In-App Purchase are not refundable when your account is frozen. Subscription will be renewed until you turn it off in your iTunes Account Settings or contact Apple Support.
You also shall not use the App for sending any type of messages with the content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses threat to the public, or that violates any law and/or regulation in the country where the message recipient lives (e.g. messages related to cannabis, offers for prescription medication that cannot legally be sold over-the-counter, messages containing hate speech, malicious content, etc.). It is also prohibited to send messages related to high-risk financial services, third-party lead generation services (companies that buy, sell, or share consumer information), “get rich quick” schemes, debt collection or forgiveness, gambling, as well as messages containing "S.H.A.F.T." (sex, hate, alcohol, firearms, tobacco) use cases. To learn more about the rules applicable to the content of messages you send using the App, review our Privacy Policy (subsection “ MESSAGING POLICY AND SMS/MMS PRIVACY STATEMENT”).
You shall not make the App available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.
You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.
Misuse of any trademarks or any other content displayed on the App is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.
Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.
Also we are not responsible for the way you use the App.
Specific requirements and legal considerations concerning call recording feature
YOU ARE NOT ALLOWED TO USE THE APP FOR COVERT RECORDING, ANY KIND OF SURVEILLANCE, SPYING OR SECRET COLLECTION OF DATA. YOU SHALL NOT USE THE RECORDING FUNCTION WITHOUT NOTIFYING YOUR DIALOG PARTNER BEFORE YOU START TO RECORD THE CONVERSATION.
Note that when you use the App to record incoming and/or outgoing calls, you must take into account and comply with all laws, rules and regulations applicable to call recording. Call recording laws, rules and regulations vary from jurisdiction to jurisdiction, and even from one region or state within the same country to another, moreover, the scope of your legal obligations applicable to each case of call recording depends on many factors such as the location where the call originates from, the location of the other party of the call, etc. Therefore, when you make a recording of any communication you are solely responsible for both the determining the scope of applicable laws, rules and regulations with respect to each recording and for compliance with them.
To ensure better compliance by all our users we insist that you apply the strictest applicable legal standards with respect to each call recording you make using our App. Inter alia, you must obtain explicit consent of all call participants to the call being recorded and ensure that everyone active in a conversation is notified that the recording is taking place.
You are also solely responsible for compliance with all applicable laws, rules and regulations while using any call recording. For example, it is prohibited to share call recordings with third parties or publicize them without obtaining corresponding explicit consent from all call participants.
It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws..

All disputes arising from the usage of the App, shall be governed by and construed in accordance with the laws of the United States of America, and shall be submitted to the sole jurisdiction of the competent courts of New York, New York, the United States of America.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.
YOU ALSO EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE, ANYONE ACTING ON OUR BEHALF, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS, LOSS, PENALTIES, EXPENSES, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER TYPES OF DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH LAWS, RULES AND REGULATIONS APPLICABLE TO CALL RECORDING OR ARISING OUT OF YOUR FAILURE TO COMPLY WITH THE TERMS OF THE PRESENT AGREEMENT. FOR THE AVOIDANCE OF DOUBT YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ALL CLAIMS OF THIRD PARTIES REGARDING POSSIBLE VIOLATIONS OF APPLICABLE CALL RECORDING LAWS, INFRINGEMENT OF THIRD PARTY RIGHTS (INCLUDING THE RIGHT TO PRIVACY) AND/OR UNLAWFUL OR UNAUTHORIZED DISCLOSURE OF CALL RECORDINGS RESULTING FROM YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS, RULES AND REGULATIONS.
Apple is not responsible for addressing your claims relating to the App or your possession and/or use of the 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, privacy, or similar legislation.

GOVERNING LAW AND CLAIMS

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA.
We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you choose to access or use the App from or in locations outside of the United States, you are responsible for:
a) ensuring that what you are doing in that country is legal; and
b) the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licenses, registrations, permits and authorizations.
Any claims shall be exclusively decided by courts of competent jurisdiction in New York, New York, USA, and that applicable Federal law shall govern, without regard to choice of law principles.
If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.