These terms form a binding agreement between you and LogBlues, the owner and publisher of Just Progress™, governing your use of the application. By installing or using the application you accept them. If you do not accept them, uninstall the application.
1. License
You receive the personal, limited, revocable, non-exclusive, non-transferable license described in the Copyright Notice, and nothing more. LogBlues retains ownership of the application at all times. This is a license, not a sale.
2. Eligibility
You must be at least 18 years old, or the age of majority where you live if that is higher, to use this application.
3. Not a medical device
Just Progress is a general wellbeing and habit-tracking tool. It is not a medical device. It does not diagnose, treat, cure, monitor or prevent any disease, and it must not be relied on as a substitute for professional medical advice. Read the Medical Disclaimer in full — it forms part of these terms.
4. Your responsibility
You are solely responsible for the decisions you make about your own health, including any decision to begin exercising, alter your diet, alter your alcohol or tobacco use, seek screening, or discuss medication with a clinician. You are responsible for the accuracy of anything you enter.
5. Your data
Version 1.0 stores your data locally on your device. The application works without an internet connection except when you choose to download the optional on-device Coach model or open an external link. Once the Coach model is downloaded, the Coach runs offline. See the Privacy Policy.
6. Purchases and future features
Version 1.0 has no paid features, subscriptions or in-application purchases. If a paid feature is introduced later, its price, billing period, renewal and cancellation terms, and any network or data use will be disclosed before purchase, and these terms will be updated before that feature ships. LogBlues may modify, suspend or discontinue a feature, subject to applicable law.
7. Acceptable use
You may not use Just Progress unlawfully, attempt to circumvent any technical restriction or payment mechanism, interfere with its operation, or use it to develop a competing product.
8. Disclaimer of warranties
To the maximum extent permitted by law, Just Progress is provided "as is" and "as available", without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. LogBlues does not warrant that the application will be uninterrupted, error-free or that any particular outcome will result from using it.
9. Limitation of liability
To the maximum extent permitted by law, LogBlues shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, data, goodwill, or health outcome, arising from or connected to your use of Just Progress. LogBlues's total aggregate liability arising out of or relating to this agreement shall not exceed the greater of one hundred US dollars (US$100) or the total amount you actually paid for the application in the twelve months preceding the claim.
10. Indemnity
You agree to indemnify and hold harmless LogBlues and its officers, employees and agents against any claim arising from your misuse of the application or your breach of these terms.
11. Consumer rights
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded. If you deal as a consumer, your statutory rights are unaffected.
12. Changes
LogBlues may update these terms. Continued use after an update constitutes acceptance of the revised terms.
13. Termination
This license terminates automatically if you breach these terms. On termination you must stop using and delete the application.
14. Governing law and venue
These terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws rules. Subject to clause 15, the state and federal courts located in Cook County, Illinois shall have exclusive jurisdiction, save where mandatory consumer law grants you the right to bring proceedings in your place of residence.
15. Disputes, arbitration and class-action waiver
PLEASE READ THIS CLAUSE CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
First, talk to us. Most problems are solved in writing, and both you and LogBlues agree to try that first: send a written description of the dispute through the form at logblues.com/contact.html (choose the Legal topic) and allow sixty days for it to be resolved informally before starting any formal proceeding.
If that does not resolve it, any dispute arising out of or relating to these terms or to Just Progress shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration shall take place in the county where you live, or by telephone or video, or on documents alone, at your choice. Judgment on the award may be entered in any court with jurisdiction.
YOU AND LOGBLUES EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.
Two exceptions. Either of us may bring an individual claim in small-claims court instead, if it qualifies. And either of us may seek injunctive relief in court to protect intellectual property.
You may opt out of this arbitration clause and the class-action waiver by writing to us through the form at logblues.com/contact.html (choose the Legal topic) within thirty days of first using Just Progress, with your name and a statement that you are opting out. Opting out costs you nothing and does not affect any other part of these terms.
If the class-action waiver in this clause is found unenforceable, then this entire clause 15 is void and disputes will be resolved in the courts named in clause 14.
16. Severability, waiver and entire agreement
If any provision of these terms is held unenforceable, that provision shall be limited or removed to the minimum extent necessary and the remaining provisions shall remain in full force. A failure to enforce any provision is not a waiver of it. These terms, together with the Copyright Notice, the Privacy Policy and the Medical Disclaimer, are the entire agreement between you and LogBlues regarding Just Progress.
17. Assignment
You may not assign or transfer these terms. LogBlues may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.