PUML Terms of Use

 

PUML is a Web3 Sports, Fitness and Wellness app (App) launched by Pummel Pty Ltd (Company). Users of the App can accumulate tokens by completing health challenges and completing tasks in the app.

Access to, and use of, the App and the services available through the App (Services) are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

1. Amendments to Terms of Use

The Company reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the App or through the Services. Your continued use of the App and the Services following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

2. App

The App and the Services are offered only for your personal, non-commercial use. When interacting with the App or the Services, you should exercise caution and common sense to protect your personal safety and health. You agree that the Company is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of interacting with the App or the Services.

Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the App.

You are responsible for ensuring your security of access to any digital wallet used by you in connection with the App or the Services.

3. Reward Rates

We may from time to time change the rate at which users accumulate tokens using the App. We may reverse benefits allocated to you if we reasonably consider the circumstances justify a reversal, for example if they are allocated to you by mistake or if you accumulated them by misusing the App or the Services or in a way that is fraudulent, dishonest or otherwise unacceptable.

We make no representation and give no warranty that tokens accumulated through the App or the Services will have any particular value or any monetary value at all. You are liable for any loss or diminution value of tokens.

4. Linked sites

The App may contain links to other apps or websites (Linked Sites), which are not operated by the Company. The Company has no control over the Linked Sites, makes no warranties or representations in relation to the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each respective Linked Site.

5. Privacy policy

Our privacy policy, which sets out how we will use your personal information, can be found at https://puml.io/privacy-policy/. By using the App, you consent to our collection, storage, use and disclosure of your personal information as set out in the privacy policy and warrant that all data provided by you is accurate.

6. Safety warnings

THE COMPANY MAY OFFER HEALTH AND FITNESS INFORMATION. THIS IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM USING THE APP OR THE SERVICES. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF YOUR QUEST TO ACCUMULATE TOKENS ON THE MOVE USING THE APP OR THE SERVICES. THE USE OF ANY INFORMATION PROVIDED THROUGH THE APP AND THE SERVICES IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

7. Purchase

The Company may offer certain products and Services for purchase through the Apple App Store, Google Play or other external services as authorised by the Company (each an External Service, and any purchases made being an External Service Purchase).

When making a purchase on the Service, you may have the option to pay through an External Service, such as your Apple ID or Google Play account (External Service Account) and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account and as stated by the External Service. You may be charged a sales tax, depending on where you live, which may change from time to time.

If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription on a monthly basis until you cancel your subscription. You will be automatically charged at the price and time period you agreed to when first making the purchase.

If you do not want to renew your subscription, or if you want amend or cancel your subscription, you must log into your External Service Account and follow the instructions to manage or cancel your subscription. This applies even if you have deleted your account with us or if you have deleted the App from your device.

If you initiate a chargeback or otherwise reverse a payment made with the Company or your External Service Account, the Company may terminate your subscription immediately in its sole discretion. All purchases are final and non-refundable, except if laws applicable in your jurisdiction provide for refunds.

8. Disclaimer of representations and warranties

TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE APP’S OR SERVICES’ ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

9. Prohibitions

You must not misuse this App or the Services. This means that you must not (among other things):

1.commit or encourage a criminal offence;
2.transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
3.hack into any aspect of the App or the Services, corrupt data, or cause annoyance to other users;
4.infringe upon the rights of any other person’s proprietary rights;
5.send any unsolicited advertising or promotional material, commonly referred to as “spam”;
6.attempt to affect the performance or functionality of any computer facilities of or accessed through this App or the Services;
7.use an emulator or similar third party software to cheat in accumulating benefits or gain an advantage;
8.make false, inaccurate, misleading or deceptive representations;
9.engage in fraudulent conduct or abuse, misuse or attempt to abuse or misuse the App or the Services;
10.submit any content that contravenes any laws;
11.infringe on the rights of any person who has a copyright, patent, trademark or any other form of intellectual property right, confidentiality or privacy;
12.contravene any applicable state, federal or international law or regulation;
13.engage in defamatory or libellous conduct towards any other person;
14.threaten or harass any other person;
15.publish or engage in obscene material that in the Company’s sole discretion, is in any way inappropriate or unsuitable for the platform;
16.publish or participate in publishing any malicious code, script or data that may causes harm, damage or interfere or modify the App or the Services without the express prior written consent from the Company; or
17.engage in conduct deemed contrary to the spirit of the App or the Services as determined by the Company in its sole discretion.

Users can connect to wearables or built-in health apps to track their steps. The use of third-party step altering apps is strictly prohibited. If we detect the use of such apps, we reserve the right to shadow ban or delete the user’s account, which would result in the forfeiture of their PUML tokens.

We reserve the right to terminate user accounts at our discretion, including but not limited to violations of these terms and conditions or any applicable laws or regulations. Termination of the user’s account will result in the forfeiture of their PUML tokens.

You agree that, except as these Terms of Use expressly provide otherwise, we do not need to notify you in advance or give you any reasons for any action we may take in connection with your misuse of the App or the Services, including suspending or cancelling your access to the App and the Services.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this App or to your downloading of any material posted on it, or on any Linked Sites.

We are not liable for any loss of tokens or assets incurred as a result of the suspension or cancellation of your access to the App and the Services.

10. Intellectual property, software and content

The intellectual property rights in all software and content (including images) made available to you on or through the App or the Services remain the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the App or through the Services nor may you use any such content in connection with any business or commercial enterprise. You must not use the Company’s trade marks (including names and logos) in any circumstances (including by linking on websites or social media) without the Company’s prior written consent.

You grant to the Company a non-exclusive, irrevocable, global licence (including the right to sublicense to third parties) to exercise the intellectual property rights in any content you submit through the App or the Services for any purpose.

11. Anti-Cheating

Our app tracks steps to determine whether the user has completed health challenges and earned PUML tokens. To ensure fair competition and accurate tracking, the use of third-party step altering apps is prohibited. If we detect that a user has used such an app or has recorded inflated steps that are deemed unrealistic, we reserve the right to ban the user and recoup their PUML tokens.

Recording inflated steps not only undermines the integrity of our app but also creates an unfair advantage over other users who are following the rules. We take cheating seriously and have implemented measures to prevent it, such as detecting abnormal patterns in step data and analyzing user behavior.

In the event that we identify a user who has been cheating, we may take action against their account, such as shadow banning, account deletion, and the recoupment of their PUML tokens. We reserve the right to determine the appropriate course of action based on the severity of the violation. See section 9 for more information on prohibitions. 

We encourage users to use our app in the spirit of fair play and to adhere to the rules and guidelines. Cheating not only harms the user but also undermines the integrity of our app and the community we are building. By using our app, users agree to abide by the rules and to respect the efforts of other users who are working hard to achieve their health goals.

12. Disclaimer of liability

You expressly understand and agree that the Company, its licensors, business partners, and suppliers shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to, any lost profit or lost data of any kind arising out of or relating to your use of the Platform, the inability to use, including but not limited to, its content or functionality.

Notwithstanding the foregoing, the Company’s total liability shall not exceed the amount you paid the Company specifically for the Platform or related products, service or tickets.

The above mentioned limitations, exclusions, and disclaimers in this Terms shall apply to the maximum extent permitted by applicable law, even if remedy fails its essential purpose.

Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, so these limitations or exclusions may not apply to you. This does not affect the Company’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

To the maximum extent permitted by law, you are liable for and must indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all liability, loss, damages, costs or third party claims (including, but not limited to, legal fees on an indemnity basis), however caused, in connection with:

1.your use of the App or the Services;
2.any user content submitted by you or on your behalf;
3.any breach of these Terms of Use by you;
4.any alleged or actual infringement of a third party’s intellectual property rights or other right in connection with your use of the App or the Services; or
5.any unlawful or negligent act of you or anyone acting on your behalf.

Each indemnity contained in these Terms of Use is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and it is not necessary for the Company to incur expense or make payment before enforcing or making a claim under an indemnity.

13. Variation

The Company retains the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any part of the App.

14. Invalidity

If any part of the Terms of Use are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

15. Social Feed and Activity Registration

The App may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via the App. 

You retain all rights to Your Content that you post to the App. By making Your Content available on or through the App you hereby grant to PUML a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section are only for the limited purpose of offering and improving the App.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.

You represent and warrant that Your Content, the use and provision of Your Content on the App, and your use of the App will not (a) 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; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

We encourage users to be honest and transparent when submitting workout details through photo uploads. Our app relies on a trust system, and we expect users to adhere to high standards of integrity when logging their workouts. Any submissions that are deemed to be unrealistic or false will be reviewed by our team. 

If we determine that a user has submitted a false or misleading workout, any PUML tokens that were awarded as a result of the post will be recouped. Additionally, we reserve the right to suspend your ability to post further workout details. We take the accuracy and authenticity of workout submissions seriously and rely on the community to uphold these values.

PUML may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the App.

16. Content Restrictions

You will make sure that Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that Your Content must not:

  • infringe any third party’s copyrights or other rights (e.g., trade mark, privacy rights, etc.);
  • contain sexually explicit content or pornography;
  • contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group;
  • exploit minors;
  • depict unlawful acts or extreme violence;
  • depict animal cruelty or extreme violence towards animals;
  • promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
  • break any law, rule or regulation.

17. Suspension/Termination

Each user shall have the right to terminate the account by ceasing your use on the App and delete your account or any related software provided by PUML at any time. If a user terminates their account, they will also lose any unused PUML tokens. You may terminate your Account at any time, for any reason or no reason, by contacting hello@puml.io.

We reserve the right to terminate user accounts at our discretion, including but not limited to violations of these terms and conditions or any applicable laws or regulations. Termination of the user’s account will result in the forfeiture of their PUML tokens. You acknowledge and understand that the Company shall not be liable to you or any third parties for any termination of your account or suspension of your access to the Platform due to your violation of this Terms.

If the user has been inactive for 120 days, PUML will notify the user 24 hours before the termination of their account. If they fail to recover their account, any and all assets such as PUML Tokens or NFTs held in the PUML wallet, unless transferred to an external third party, will be recouped by PUML.

A user’s account may be terminated if they breach prohibitions and other requirements, including but not limited to using third party step altering apps, submitting false or misleading workout details, or posting inappropriate content. Any termination of the user’s account for such reasons will result in the loss of their PUML tokens.

Upon the termination of this Terms and your account, you shall not be able to access the App. The Company shall not be liable for any damage or compensation for cancellation of your placed order after terminating this Terms and your account.

18. No Financial Advice or Liability

We do not provide any financial advice or recommendations regarding the purchase, sale, or conversion of PUML tokens, NFTs, or any other assets held in the PUML app. Users are responsible for their own decisions regarding the purchase, sale, or conversion of these assets.

We are not liable for any losses, damages, or other expenses incurred by users as a result of their actions within the app, including but not limited to the purchase, sale, or conversion of PUML tokens or NFTs. Users should only invest what they can afford to lose, and should seek professional financial advice if they have any questions or concerns regarding their investments.

The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

19. Force majeure

The Company will not be in breach of these Terms of Use as a result of, or liable for, any failure or delay in the performance of the Company’s obligations under these Terms of Use to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by any event outside the Company’s reasonable control or any act or omission of you or any third party.

20. Assignment

You must not assign, in whole or in part, or novate your rights and obligations under these Terms of Use without the prior written consent of the Company. The Company may assign its interest under these Terms of Use.

21. Waiver

A right under these Terms of Use may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.

22. Exclusion of third party rights

Unless explicitly stated, no person other than the parties to these Terms of Use has any rights under them, nor are they enforceable by any person other than the parties to them.

23. Governing law and jurisdiction

These Terms of Use are governed by the law of Queensland, Australia and you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

24. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

25. Redeem

By participating in the redemption process, users can redeem 2000 PUML for 1000 PUMLx by providing their ERC20 Wallet public address. This offer is subject to verification and validation by the PUML team, who will ensure the fairness and integrity of the process. By participating, you agree to be bound by these terms and conditions:

  1. PUML reserves the right to withhold the PUML redeemed if an account is found to be suspicious during the validation process.
  2. The team will audit any flagged accounts during this process, and if your account is found to be suspicious, it may result in a loss of PUML or termination of account.
  3. Once PUMLx is transferred to the ERC20 Wallet public address provided by the user, no refund will be processed.
  4. The redemption process is available only to Level 5 Superstars and PUML Premium subscribers.
  5. Users can redeem multiple times, with no cap per person, using a fair use policy as per the terms and conditions.
  6. The redemption process is available on a first-come, first-serve basis until the allocation of 250 is exhausted.
  7. The conversion rate for the redemption offer is 2000 PUML to 1000 PUMLx.
  8. The redemption process will be available on Wednesday 22 March at 10 am Brisbane Time.
  9. There is no gas fee involved in the redemption process.

PUML reserves the right to modify or terminate the redemption offer at any time without prior notice.