Effective date: June 04, 2020
This End-User License Agreement ("EULA") is a legal agreement between you and SHAKEapp inc.
This EULA agreement governs your acquisition and use of
our SHAKE software ("Software") directly from SHAKEapp inc. or indirectly through a SHAKEapp inc. authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the SHAKE software. It provides a license to use the SHAKE software and contains warranty information and liability disclaimers.
If you register for a free trial of the SHAKE software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the SHAKE software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied
by SHAKEapp inc. herewith regardless of whether other software is referred to or described herein. The terms also apply to any SHAKEapp inc. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. This EULA was created by EULA
Template for SHAKE.
SHAKEapp inc. hereby grants you a personal, non-transferable, non-exclusive licence to use the SHAKE software on your devices in accordance with the terms of this EULA agreement. You are permitted to load the SHAKE software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the SHAKE software.
You are not permitted to: Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of theSoftware to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer theSoftware or attempt to do any such things Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose Allow any third party to use the Software on behalf of or for the benefit of any third party Use the Software in any way which breaches any applicable local, national or international law use the Software for any purpose that SHAKEapp inc. considers is a breach of this EULA agreement Intellectual Property and Ownership SHAKEapp inc. shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of theSoftware by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of SHAKEapp inc...SHAKEapp inc. reserves the right to grant licences to use the Software to third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to SHAKEapp inc..
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software.
The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of us.
SHAKEapp Inc. ("us", "we", or "our") operates the website and the SHAKE mobile application (the "Service").
In certain circumstances, you have the following data protection rights: The right to access, update or to delete the information we have on you. The right of rectification.
The right to object.
The right of restriction.
The right to data portability
The right to withdraw consent
SHAKEapp follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider(ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.
Note that SHAKEapp has no access to or control over these cookies that are used by third-party advertisers.
Third Party Privacy Policies
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
SHAKEapp does not knowingly collect any Personal IdentifiableInformation from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
Information Collection and Use
collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
• Email address
First name and last name •
• Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").
This Usage Data may include information such as your computer'sInternet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers
Phone number and other diagnostic data.
When you access the Service by or through a mobile device, thisUsage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobileInternet browser you use, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service. Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
Shakeapp uses the collected data for various purposes:
To provide and maintain the Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer care and support
To provide analysis or valuable information so that we can improve the Service
To monitor the usage of the Service
To detect, prevent and address technical issues
Transfer of Data
Your information, including Personal Data, may be transferred to —and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, includingPersonal Data, to United States and process it there.
Disclosure of Data
Shakeapp may disclose your Personal Data in the good faith belief that such action is necessary to: •
To comply with a legal obligation
To protect and defend the rights or property of SHAKEapp Inc.
To prevent or investigate possible wrong doing in connection with the Service To protect the personal safety of users of the Service or the public
To protect against legal liability
Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
• Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you area ware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Datafrom children without verification of parental consent, we take steps toremove that information from our servers.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SHAKEAPP NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY,OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “ASIS”.
Liability for our Services
WHEN PERMITTED BY LAW, SHAKEAPP, AND SHAKEAPP’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS,REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL,CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SHAKEAPP, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, SHAKEAPP, AND ITS SUPPLIERS AND DISTRIBUTORS,WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOTREASONABLY FORESEEABLE.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted.However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of thatService.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Shakeapp and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have(such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the State of Delaware, U.S.A., excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts ofNew Castle County, Delaware, USA, and you and Shakeapp consent to personal jurisdiction in those courts.
By email: firstname.lastname@example.org
By visiting this page on our website: www.shakeapp.today By mail: 404 Bryant St., San Francisco, CA, 94107, USA.