MYPEL END USER LICENSE AGREEMENT 

 

 

Table of Content 

    1. Accepting these Terms. 
    2. Important Notices 
    3. You must be an adult to use the App. 
    4. Medical Disclaimer 
    5. App maintenance. 
    6. Bugs and viruses. 
    7. Patches and updates. 
    8. In-app Purchases 
    9. Accuracy of App content. 
    10. Usage Disclosure 
    11. Restrictions. 
    12. Our intellectual property rights. 
    13. Grant of license. 
    14. License conditions. 
    15. Suspension for breach of these Terms. 
    16. Relationship of the App Store to you. 
    17. Google Play Store 
    18. Apple Store 
    19. The App Stores are third parties. 
    20. Liability for loss and damage. 
    21. Liability for events outside our control. 
    22. Limitations of liability. 
    23. Your personal data. 
    24. Our right to change these Terms. 
    25. Our Help Centre. 
    26. General Data Protection Regulation (GDPR) 
    27. Governing Law 
    28. Jurisdiction 

 

 

 

 

 

PLEASE READ THESE EULA (THE “TERMS”) CAREFULLY BEFORE YOU PROCEED. 

 

Thank you for choosing the myPEL app and Services offered by Revitalive S.R.O., accessible at https://mypel.app or our parent site at https://revital.live with primary address Bulharská 996/20, Vršovice, 101 00, Praha 10, Czechia. 

 

When you use the myPEL App, you agree to be bound by these Terms. You may not use the App if you do not agree to all these Terms. Please read them carefully before you download or install the app on your device. 

 

  1. Accepting these Terms.  

By downloading and/or using the myPEL App, you are agreeing to these Terms and are entering into a binding legal agreement with us incorporating these Terms (the “Agreement”). If you do not agree to these Terms, please do not attempt to download, install or use the App. 

 

 

  1. Important Notices 

By using and/or visiting any of our platforms (“Site” ”App”), you represent that you have read, understand, and agree to all the terms and conditions of this Agreement, including our Privacy Policy (“Privacy Policy”) incorporated herein by reference.  This Agreement and our other Policies are subject to the provisions of the European Union (“EU”) General Data Protection Regulation (“GDPR”), and other applicable privacy laws. Under the GDPR, we are a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.”  Personal Data may also be referred to as Personally Identifiable Information (“PII”). 

 

 

  1. You must be an adult to use the App.  

You may only agree to these Terms if you are an adult of full legal age of majority in the country or state in which you live (for example, 16 years in most countries). This applies to you even if the age rating for the App indicates that it is suitable for children. If you are not an adult you must ask your parent or legal guardian to use the App on your behalf. 

 

 

  1. Medical Disclaimer 

We provide online and mobile meditation, history, and content in the health & wellness industry. We are not health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. While there is third-party evidence from research that our service can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, we make no claims, representations, or guarantees that the service will provide a physical or therapeutic benefit. 

 

 

  1. App maintenance.  

Your access to the App may be disrupted to allow for appropriate maintenance, repairs, upgrades, and the introduction of new functionality and at times unscheduled downtime may be necessary including for security purposes. Further, due to the inherent nature of the internet and mobile phone signal, errors, interruptions, and delays may occur in the App from time to time. We will use reasonable endeavors to try to limit the frequency and duration of downtime, to the extent within our control. 

 

 

  1. Bugs and viruses.  

We cannot guarantee that the App will be error, bug, or virus-free. As with all software, we recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your device before using the App and that you consult your network administrator before installing the App on a networked device. 

 

 

  1. Patches and updates.  

From time to time, we may make it a requirement for you to install patches, updates, or additional content to the App for you to continue accessing the App, for example, to enhance functionality, add new features, or resolve bugs. We may also perform these updates remotely, including by modifying our software installed on your device, and you acknowledge that we are not required to notify you before doing so. 

 

 

  1. In-app Purchases 

The Application may include In-app Purchases that allow you to buy products, and services or access certain features of the App (“in-app Subscription”). You can make an in-app purchase on a third-party app store on which the App is made available, such as Apple App Store, Google Play Store, or at a Store provided by us (an “App Store”) and following the instructions given by the relevant App Store.  

(an “In-AppSubscription”). All payments concerning In-App Subscriptions are handled by the third-party App Store from which you obtained the App. Payments made to an App Store will be subject to the App Store’s terms and conditions which you should review carefully before activating an In-App Subscription (“App Store Terms”). We will not process any payments from you or make any refunds to you directly if you have purchased an In-App Subscription. Please refer to the App Store Terms for the relevant period for cancellations and for more information on how to do this. 

 

 

  1. Accuracy of App content.   

We do not make any guarantees that the content or related information provided on the App is accurate or complete including without limitation information about personal energy level, which is indicative only. Information provided in the App should not be relied upon as medical advice. 

 

 

  1. Usage Disclosure 

Information in the App does not constitute medical advice, the features and information available through the App are provided as general guidance on personal energy levels only. Our App must not be used to treat any illness or disease. In no event should the suggestions or the use of the App more generally be considered medical advice or be used by you as a substitute for seeking advice from a registered medical practitioner? If you have any underlying medical conditions, always consult a registered medical practitioner for advice before using the features on our App. It is your responsibility to make sure that your use of the features of the App and any personal energy suggestions offered via the App is suitable and safe for you. 

 

 

  1. Restrictions.  

You must not: a) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system; b) infringe our intellectual property rights or those of any third party concerning your use of the App; c) transmit any material that is defamatory, offensive or otherwise objectionable about your use of the App; d) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and e) collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App. 

 

 

  1. Our intellectual property rights.  

We own the intellectual property rights in the App, including our branding and the underlying technologies. You acknowledge and agree that, other than the license granted to you by these Terms, you shall have no right to use the App. You shall have no ownership rights over the App, including no ownership of any intellectual property rights. 

 

 

  1. Grant of license.  

In return for your acceptance of these Terms, we grant you the personal right (known as a ‘license’) to use the App, strictly subject to these Terms, and in particular, to the restrictions set out in these Terms. 

 

 

  1. License conditions.  

The license granted to you by us to use the App under these Terms is limited in several ways as set out below. This license is: 

    1. non-exclusive, meaning that we can grant the same or similar licenses to other people as well; 
    2. personal, not transferable, and not sub-licensable, meaning that the license is only for your benefit and you may not grant the license to anyone else; 
    3. revocable, meaning that we can terminate this license in the circumstances set out in these Terms; 
    4. non-commercial, meaning that you can only use the App for private domestic purposes and not for commercial purposes; 
    5. limited to using the App for the purposes we set out in these Terms and for the duration that these Terms are in force; and 
    6. Conditional on your compliance in full with these Terms. 

 

 

  1. Suspension for breach of these Terms.   

We may temporarily suspend your access to the App if we have reason to suspect that you have breached any of these Terms. 

 

 

  1. Relationship of the App Store to you.   

To access the App you will need to download and install it from an App Store. As stated herein, App Stores will impose their own App Store Terms which govern the use of their services and the App. The App Store Terms will form an agreement between you and the App Store and the App Store Terms are in addition to this Agreement. We encourage you to read the terms and conditions of third parties carefully before you agree to them. Any breach of the App Store Terms shall also be deemed to be a repudiator breach of this Agreement by you. 

 

 

  1. Google Play Store 

By downloading the Application from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: 

    • To the extent of any conflict between (a) the Google Play Terms of Services or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply concerning your use of the Application that you download from Google Play, and 
    • You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms 

 

 

  1. Apple Store 

By downloading the Application from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: 

    • To the extent of any conflict between (a) the Google Play Terms of Services or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply concerning your use of the Application that you download from Google Play, and 
    • You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms. 

 

 

  1. The App Stores are third parties.   

We have no control over the services provided by the App Stores or the App Store Terms. We encourage you to carefully review the App Store Terms and privacy notices before you use them to download and install the App. We accept no responsibility for the App Store Terms or an App Store provider’s websites, apps, services, practices, or privacy policies. 

 

 

  1. Liability loss and damage.  

You agree that we cannot be held responsible for loss or damages incurred by you unless we deliberately try to deceive you into downloading and installing the device. We may be responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill in providing the service, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. 

 

 

  1. Liability for events outside our control.   

If our provision of the App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event. 

 

 

  1. Limitations of liability.  

 If the consumer law of the country or state in which you are resident does not permit any of the limitations of liability set out herein. then those limitations of liability shall apply only to the maximum extent permitted by the laws of such jurisdictions. Nothing in these Terms shall affect any statutory rights that you may have as a consumer of the App. 

 

 

  1. Your data.  

When we process your data, we do so under the data protection laws which apply to us and with our Privacy policy.  

 

 

  1. Our right to change these Terms.  

We may amend these Terms from time to time to ensure that we remain compliant with applicable laws and regulations and/or to reflect any changes we make to the App or our business practices. 

 

 

  1. Our Help Centre.  

Should you require any help using the App, please send us a message. If you need to contact us, please click “Contact us” within the application to send us your complaints or message. 

 

 

  1. General Data Protection Regulation (GDPR) 

By using the app, you agree to we will collect and process some data under our service provision. As a result, the users authorize us and our subcontractors to collect and process this data under the legal, regulatory, and European Union provisions, (hereinafter “GDPR”) and The Czech Data Protection Act 2000. To this end, our Data Protection Officer (DPO) constantly ensures compliance with all personal data processing in progress within our operations. 

Also, we certify the following: 

    • We have implemented appropriate organizational and technical measures to ensure all data collection, processing and security are under the GDPR Regulation when we act as the data controller. 
    • We have provided a sufficient guarantee to the GDPR implementation of appropriate technical and organizational measures to protect the rights of users on our website. 
    • In the event of subcontracting, it retains only those subcontractors who provide sufficient guarantees that appropriate technical and organizational measures will be implemented so that any processing of personal data meets the requirements of the GDPR and guarantees protection of the rights of the person in question 
    • Lastly, we undertake to implement appropriate organizational and technical measures to retain personal data for the specific duration stipulated by the GDPR. 

By using the Services, You acknowledge that our collection, usage, and disclosure of this personal information is governed by our Privacy Policy.  

 

 

  1. Governing law.  

This Agreement, and any Dispute, shall be governed by and interpreted under The Supreme Court of the Czech Republic, except for certain claims and disputes, for example, relating to consumer protection, unfair competition, and tort, which may be subject to the laws of the country or state in which you are resident.  

 

 

  1. Jurisdiction.  

The jurisdiction for any Dispute shall depend on the country or state in which you are resident.


©Revitalive s.r.o.