Trainer or You: Any person who provides Products for sale through Rippd in accordance with the terms of this Agreement.
Ennso Labs: Ennso Labs OÜ, a company duly established and existing under the laws of the Republic of Estonia, registry code 14299528, address Sepapaja 6, Tallinn 15551, Harju, Estonia.
Rippd: The software and services which allow Trainers to sell Products to users.
Products: Workout and diet programs and their supplement content including, but not limited to, images, videos, sounds and other digital materials and items as made available by Trainers.
Store: The App Store and Google Play services provided and operated by Apple Inc. and Google LLC respectively.
1. This agreement ("Agreement") forms a legally binding contract between You and Ennso Labs in relation to Your use of Rippd to sell Products. You acknowledge that Ennso Labs will, solely at Your direction, display and make Your Products available for purchase by users.
2. Products are displayed to users at prices You establish in Your sole discretion. The amount you receive is determined by the "Commission Fee", as set forth here and as may be revised by Ennso Labs from time to time, and after all other fees, including, but not limited to, Store transaction fees are deducted.
3. You are responsible for declaring and paying the relevant income and social taxes, in the country where you reside.
4. You represent and warrant that You have all intellectual property rights (including all patent rights, copyrights, trademark rights, rights in trade secrets, database rights, moral rights, and any other intellectual property rights (registered or unregistered) throughout the world) in and to Your Product(s).
5. You grant to Ennso Labs a nonexclusive, worldwide, and royalty-free license to: reproduce, perform, display, analyze, and use Your Products in connection with the operation and marketing of Rippd.
6. For purposes of marketing the presence, distribution, and sale of Your Product via Rippd and through other Ennso Labs services, Ennso Labs and its affiliates may include visual elements from Your Product (a) within Rippd and in any Ennso Labs-owned online or mobile properties; (b) in online, mobile, television, out of home (e.g. billboard), and print advertising formats outside Rippd; (c) when making announcements of the availability of the Product; (d) in presentations; and (e) in customer lists which appear either online or on mobile devices (which includes, without limitation, customer lists posted on Ennso Labs websites).
7. This Agreement will continue to apply until terminated, by either You or Ennso Labs. Ennso Labs may terminate this Agreement with You for any reason with thirty (30) days prior written notice. In addition, Ennso Labs may, at any time, immediately suspend or terminate this Agreement with You if (a) You have breached any provision of this Agreement, any non-disclosure agreement, or other agreement relating to Rippd; (b) Ennso Labs is required to do so by law; (c) You cease being a Trainer in good standing; or (d) Ennso Labs decides to no longer provide Rippd.
8. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF Rippd IS AT YOUR SOLE RISK AND THAT Rippd ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
9. YOUR USE OF Rippd AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Rippd IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
10. ENNSO LABS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT ENNSO LABS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT ENNSO LABS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. To the maximum extent permitted by law, You agree to defend, indemnify, and hold harmless Ennso Labs, its affiliates, and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) Your use of Rippd in violation of this Agreement; (b) infringement or violation by Your Product(s) of any Intellectual Property Right or any other right of any person; or (c) You or Your Product(s)’ violation of any law.
13. Ennso Labs may make changes to this Agreement at any time and the new revision will take effect immediately. Ennso Labs will make every effort to communicate any significant changes to You via email or notification via Rippd. You agree that Your continued use of Rippd constitutes Your agreement to the modified terms of this Agreement.