Mogged App Legal Agreements
Last updated: 6 September 2024
This End User License Agreement ("EULA") is a legal agreement between you (the "End-User") and Mogged (the "Developer"). You acknowledge that this EULA is concluded between you and the Developer only, and not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the Licensed Application (Mogged app) and its content.
The license granted to you for the Mogged app is limited to a non-transferable license to use the app on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license also allows you to access and use the app via other accounts associated with you through Family Sharing or volume purchasing.
The Developer is solely responsible for providing maintenance and support services for the Mogged app. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the app.
The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mogged app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Developer's sole responsibility.
The Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the Mogged 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, including in connection with the app's use of HealthKit and HomeKit frameworks, if applicable.
You acknowledge that, in the event of any third-party claim that the Mogged app or your possession and use of the app infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
For any questions, complaints, or claims regarding the Mogged app, please contact:
Mogged Email: support@mogged.com.au
You must comply with applicable third-party terms of agreement when using the Mogged app (e.g., you must not be in violation of your wireless data service agreement when using the app).
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
By using the Mogged app, you agree to these Terms. If you disagree, please do not use our app.
Mogged is a fitness app providing AI-generated workout routines, progress tracking, and a community forum. The app may contain mature or provocative content.
The app's fitness advice is for information only. Consult a healthcare professional before starting any new fitness program.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.
You agree to indemnify and hold us harmless from any claims arising from your use of the app or violation of these Terms.
You are responsible for any content you post on the app. By posting, you grant us a license to use, modify, and distribute that content.
We may terminate your account at any time for any reason.
We may update these Terms at any time. It's your responsibility to review them periodically.
These Terms are governed by the laws of Australia.
The Mogged app uses artificial intelligence to generate workout routines, fitness advice, and other content. You acknowledge and agree that:
The Mogged app may include AI personas, such as virtual physiotherapists or nutritionists. You acknowledge and agree that:
The Mogged app includes a live forum and other features allowing users to post content. You acknowledge and agree that:
By using the Mogged app, you expressly assume all risk associated with your use of the app, including but not limited to risks related to AI-generated content, AI personas, fitness activities, and user interactions. You agree to release the Developer from any claims, damages, or losses arising from your use of the app or reliance on its content.
The Mogged app and its content, including AI-generated advice and AI personas, do not provide medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any new fitness or nutrition program.