The terms and conditions stated herein (collectively, the "User Agreement") constitute a legal User Agreement between you and Numi App, LLC. a Delaware limited liability company (the "Company"). In order to use the Services defined as Booking an appointment with a massage therapist, Booking an appointment with a massage salon, Booking an appointment with a client, promoting Numi through an incentivized program and the associated Application (“App”) defined as a mobile application that allows users to connect with a client or service provider; a web client for incentivized partners to receive real time data analytics, financial reports, and to receive payment from Numi you must agree to the terms and conditions that are set forth herein. By using or receiving any Services supplied to you by the Company (collectively, the "Services"), and downloading, installing or using any associated App supplied by the Company which purpose is to enable you to use the Services (collectively, the "App"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the User Agreement, and any future amendments and additions to this User Agreement as published by the Company from time to time.
The Company reserves the right to modify the terms and conditions of this User Agreement or its policies relating to the Services or App at any time. Any such modification will be effective upon posting a new version of this User Agreement on the App. You are responsible for regularly reviewing this User Agreement. Continued use of the Services or App after any such changes shall constitute your consent to such modifications.
THE COMPANY DOES NOT PURPORT TO BE IN THE ENTERPRISE OF MASSAGE OR MASSAGE THERAPY AND NONE OF THE MASSAGE PROVIDERS ARE THE EMPLOYEES, AGENTS OF, OR OTHERWISE AFFILIATED WITH THE COMPANY. THE COMPANY MERELY PROVIDES A MEANS FOR ITS CUSTOMERS TO LOCATE AN INDEPENDENT MASSAGE PROVIDER AND A PAYMENT METHOD TO OBTAIN SUCH THIRD PARTY SERVICES’S. THE COMPANY FULLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
"Company Content" means Content that Company makes available through the Services or App, including any Content licensed from a third party, but excluding User Content.
"User" means a person who accesses or uses the Services or App.
"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services or App.
“User Account” the account created by a client, service provider, or partner to use the Company Services
"Collective Content" means, collectively, Company Content and User Content.
“Booking” means, reserving time with a third party service provider.
Representations and Warranties
By using the App or Services, you expressly represent and warrant that you are of legal age and entitled to enter this User Agreement on your own behalf. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into User Agreements such as this one due to age, you must abide by such age limits and you must not use the App and Services. Without limiting the foregoing, the Services and App are not permitted to be used by children or minors (persons under the age of 18 or otherwise defined by your jurisdiction). By using the App or Services, you represent and warrant that you are at least 18 years of age. By using the App or the Services, you represent and warrant that you have the right, authority and capacity to enter into this User Agreement and to abide by the terms and conditions of this User Agreement. Your participation in using the Services and/or App is for your sole, personal use. You may not authorize others to use your user profile, and you may not assign or otherwise transfer your user account to any other person or entity. When using the App or Services you agree to comply with all applicable laws in the jurisdiction in which you are present while using the App or Services.
You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct App for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded an out of date or unauthorized version of the App for your mobile device. The Company reserves the right to terminate this User Agreement in the case that you are using the Services or App with an incompatible or unauthorized device.
By using the App or the Services, you further represent and warrant that:
Your use of the Services or App is for lawful purposes; you will not use the Services for in connection with the storage of any unlawful material; you will not use the Services or App for any fraudulent purposes; you will in no way duplicate or copy the Services or App; you will only use the App and Services for your own use and will not resell it to a third party; You will provide the company with identification upon its reasonable demand.
License granted by the Company
Subject to your compliance with the terms and conditions of this User Agreement, Company grants you a limited, non-exclusive and non-transferable license: to view Company Content provided on the website, app, or sent to you personally by a Numi team member; to connect with users and service providers through the App, to use payment through the App, download and print any Company Content solely for your personal and non-commercial purposes; and to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. Your breach of any terms and conditions stated herein will result in the immediate revocation of this license.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, App or Collective Content, except as expressly permitted in this User Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this User Agreement.
License granted by the User
The Company in its sole discretion may permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Services or App, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Services or App as the Company sees fit for any legitimate business purpose. The Company does not claim any ownership rights in any User Content and nothing in this User Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or App, and, you represent and warrant that: you either are the sole and exclusive owner of all User Content that you make available through the Services or App or that you legally have all rights, licenses, consents and releases that are necessary to grant to Company the license to such User Content, as contemplated under this User Agreement; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company's use of the User Content (or any portion thereof) on, through or by means of the Services or App will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
License of the Numi App
Subject to your compliance with the terms and conditions of this User Agreement, the Company grants you a limited non-exclusive and non-transferable license to download and install a copy of the App on a single mobile device or computer and to use the services made available by the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store ("App Store Sourced App"), you will use the App Store Sourced App only: on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Services. Company reserves all rights in and to the App not expressly granted to you under this User Agreement.
ACCESSING AND DOWNLOADING THE APP FROM ITUNES
The following applies to any App Store Sourced App:
You acknowledge and agree that (i) this User Agreement is concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced App and content thereof. Your use of the App Store Sourced App must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Services with respect to the App Store Sourced App.
In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Company acknowledge that, in the event of any third party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party's intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this User Agreement.
You and Company acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this User Agreement as related to your license of the App Store Sourced App, and that, upon your acceptance of the terms and conditions of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement as related to your license of the App Store Sourced App against you as a third party beneficiary thereof.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; (ii) modify or make derivative works based upon the Services or the App; (iii) create Internet "links" to the Services or "frame" or "mirror" any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App in order to (a) build a competitive product or Services, (b) build a product using similar ideas, features, functions or graphics of the Services or App, or (c) copy any ideas, features, functions or graphics of the Services or App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App; (vi) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Numi.
You represent and warrant that you will not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violate third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the App or Services or the data contained therein; or (v) attempt to gain unauthorized access to the App or Services or its related systems or networks.
The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this User Agreement. You acknowledge that the Company has no obligation to monitor your access to or use of the Services, App or Collective Content or to review or edit any Collective Content, but may do so within its legal right for the purpose of operating the Services and App, to ensure your compliance with this User Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The Company reserves the right, at any time without prior notice, to remove or disable access to any Collective Content that, at its sole discretion, it deems to to be in violation of this User Agreement or otherwise harmful to the Services or App.
The Company will terminate its relationship and disable Services for any Users or other account holders who infringe or are believed to be infringing the rights of copyright or other intellectual property holders.
The Company does not knowingly infringe upon any copyrights or other intellectual property. Upon learning of any claim made against it in relation to copyright or other intellectual property, the Company will immediately examine the claim and rectify any unintended infringement with immediate effect.
The Company owns all right, title and interest, including all related intellectual property rights, in and to the App and the Services. By using these Services or App, you hereby disclaim any intellectual property right you may have to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the App or the Services. The Company name, the Company logo, and the product names associated with the App and Services are trademarks of the Company or third parties, and no right or license is granted to use them.
For the use of the Company Services, you shall pay to the Company a $20 non-refundable fee per transaction made through the App. This fee is due to the company immediately after the use of the Company Services. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our App or Services either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website is subject to change from time to time and may not reflect the prevailing pricing.
Third Party Interactions
If during use of the App and Services, you enter into correspondence with, purchase goods and/or Services from, or participate in promotions of third party Services providers, etc., any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.
Collected and stored information
Upon registration with the Numi, LLC (either as a customer or provider), a user profile is developed that is designed to customize the user's experience. The Company requires your Email address, a user created password, a user name, cell phone number, Credit Card Number, name on credit card, expiration date & security Code, full billing address.
The Company will use your GPS coordinates to connect you with a Service provider that is in an acceptable geographic range.
Numi App, LLC. is committed to protecting privacy of its customers.
Numi App, LLC. complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Numi App, LLC. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Numi App, LLC. certification, please visit http://www.export.gov/safeharbor/.
The Company cares about the safety of children. Because the Services are directed at those persons who are not minors and above the age of 18 (or legal age of consent if higher), children under 18 or legal age of consent may not register with or use the Services or App. The Company does not knowingly collect personal information from anyone under the age of 18 and makes all commercially reasonable efforts to avoid doing so. If the Company should learn that it has obtained personal information from a child under age 18 or legal age of consent, such personal information will be deleted and destroyed with immediate effect.
The Company may share aggregated information that includes non-identifying information and log data with third parties for industry analysis, demographic profiling and to deliver targeted advertising about other products and Services.
The Company may employ third party companies and individuals to facilitate our Services such as payment. A third party would have access to your personal information only to perform these tasks on the Company’s behalf and are obligated not to disclose or use it for any other purpose. The Company may also provide personal information to our business partners or other trusted entities for the purpose of providing you with information on goods or services that may be of interest to you. You can, at any time, opt out of receiving such communications by contacting those third parties directly.
The Company will cooperate and comply with any reasonable request from government, law enforcement officials and private parties to enforce and comply with the law. The Company will disclose any information about you to government or law enforcement officials or private parties in its sole discretion, as it believes is necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas and written interrogatories), to protect the property and rights of the Company or a third party, to protect the safety of the public or any person, or to prevent or stop activity that the Company deems to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.
Changes in Personal Information
If any material personal information belonging to you that is required in order to use the Services or App as they are intended to be used changes for any reason, or if you no longer desire to use the Company’s Services or App, you must correct information that is inaccurate or no longer accurate by making the change on your user profile page or by emailing us at firstname.lastname@example.org
The Company will retain your information (including geo-location) for as long as your account is active or as needed to provide you with Services. If you wish to cancel your account or request that we no longer use your information to provide you Services, you must contact Numi directly through the Company Customer Support page located on the company’s website: http://www.numiapp.com/#!support/clar. The Company will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our User Agreements.
The personally identifiable and geo-location information we collect is securely stored within the Company’s database, and the Company is using standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information (credit card number and geo-location information). Any information you transmit to the Company is done at your own risk, as information transmitted over the internet subject to certain risks that are beyond the control of the Company. The Company takes all commercially reasonable methods to safeguard information provided by anyone using its Services or App.