Terms and Conditions

TERMS AND CONDITIONS Last updated: 30/05/2024 Welcome to "Push Social", a mobile application (the "App"). Please read these Terms and Conditions carefully before using our App.

  1. ACCEPTANCE OF TERMS By downloading, accessing, and using our App, you are agreeing to be bound by these Terms and Conditions. If you do not agree with any of these terms, you are prohibited from using or accessing our App.
  2. LICENSE Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
  3. USER ACCOUNTS You may need to create an account to use our App. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account.
  4. SUBSCRIPTIONS AND PAYMENTS Push Social offers both free and paid versions of the App. The paid version of the App is available on a monthly or yearly subscription basis. Subscription fees will be billed at the start of your subscription and at the beginning of each renewal period unless and until you cancel your subscription.
  5. FREE TRIALS We may offer free trials for our paid services. Unless you cancel before the end of the free trial, you will be charged the subscription fee.
  6. USER CONDUCT You agree to comply with all applicable laws when using our App and you may only use the App for lawful purposes.
  7. PRIVACY Our Privacy Policy, which is incorporated into these Terms and Conditions by reference, further describes the collection and use of information on this App.
  8. USER CONTENT Our App allows you to post content, like workouts, photos, comments, links, and other materials. Anything that you post or otherwise make available on our App is referred to as "User Content". You retain all rights in, and are solely responsible for, the User Content you post to our App.
  9. PUSH SOCIAL CONTENT Unless otherwise noted, the App and all materials including images, illustrations, designs, icons, photographs, and written and other materials that appear as part of the App are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed by Push Social.
  10. INDEMNIFICATION You agree to indemnify and hold harmless Josh Mustafa, his officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the App, your User Content, or your violation of these Terms.
  11. TERMINATION We reserve the right, without notice and in our sole discretion, to terminate your license to use the App, and to block or prevent your future access to and use of the App.
  12. CHANGES TO TERMS We may modify these Terms from time to time. If we make changes, we will provide notice of such changes by posting the revised Terms on our App and updating the "Last Updated" date.
  13. USAGE RULES, RESTRICTIONS AND to:n the Licensed Application, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  14. EXPORT LAW You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
  15. COMMERCIAL COMPUTER SOFTWARE The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  16. APPLICABLE LAW Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Push Social shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Push Social agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
  17. CHANGES TO TERMS We may modify these Terms from time to resume with: to time. You should look at these Terms regularly. We will post notice of modifications to these Terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for the Licensed Application or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for the Licensed Application, you should discontinue your use of that Licensed Application.
  18. TERMINATION This EULA is effective until terminated by you or Push Social. Your rights under this EULA will terminate automatically without notice from Push Social if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
  19. THIRD-PARTY APPLICATIONS The Licensed Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Applications"). You acknowledge and agree that Push Social is not responsible for Third-Party Applications, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Push Social does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Applications.
  20. MISCELLANEOUS If any provision of this EULA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this EULA will otherwise remain in full force and effect and enforceable. This EULA constitutes the entire agreement between you and Push Social and supersedes all prior or contemporaneous negotiations, discussions or agreements between you and Push Social about this Licensed Application. The parties acknowledge that this EULA is a contract between you and Push Social, even though it is electronic and is not physically signed by the parties, and it governs your use of the Licensed Application and takes the place of any prior agreements between you and Push Social.