Daily Burn Mobile App End User License Agreement

LAST UPDATED: September 22, 2011

This End User License Agreement ("Agreement") is between you and Daily Burn, Inc. ("Daily Burn") and governs your use of the Daily Burn application (the "Daily Burn App") made available through the Apple App Store. The Daily Burn App allows you to use certain aspects of Daily Burn's service, available at www.Daily Burn.com (the "Daily Burn Service").

1. Parties. This Agreement is between you and Daily Burn only, and not Apple, Inc. ("Apple"). Daily Burn, not Apple, is solely responsible for the Daily Burn App and its content. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary.

2. Terms of Service. To use the Daily Burn App, you must register to become a Daily Burn member. In doing so, you must accept Daily Burn's Terms of Service, which are made a part of this Agreement. Please read the Terms of Service carefully as it explains what you may and may not use the Daily Burn Service for.

3. Privacy. Daily Burn may collect and use your information as set forth in its Privacy Policy, which are made a part of this Agreement. Daily Burn also makes the following App-specific privacy disclosure: Daily Burn's analytics service provider may collect the following information: your device's Unique Device Identifier (UDID), technical information about the App (such as version number), App session information, your preferred language, and your preferred time zone. After collecting such information, Daily Burn's analytics provider will assign a new unique number to replace the UDID and will delete the UDID. The information is then aggregated and used by Daily Burn to measure the use and performance of the App. Daily Burn may publicly disclose the aggregate information. Daily Burn will not share the UDID or any other individual App user data with third parties, except in the case of a court order, subpoena, or a lawful government demand.

4. Limited License. Daily Burn grants you a limited, non-exclusive, non-transferrable, revocable license to use the Daily Burn App for your personal, non-commercial purposes. You may only use the Daily Burn App on an iPhone®, iPod® Touch, iPad®, or other Apple device that you own or control and as permitted by the App Store Terms of Service.

5. Warranty. The Daily Burn App is provided for free on an "as is" basis. As such, Daily Burn disclaims all warranties about the Daily Burn App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Daily Burn, not Apple, shall be solely responsible for such warranty.

6. Maintenance and Support. Because the Daily Burn App is free, Daily Burn does not provide any maintenance or support for it. To the extent that any maintenance or support is required by applicable law, Daily Burn, not Apple, shall be obligated to furnish any such maintenance or support.

7. Third Party Intellectual Property Claims. Daily Burn shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Daily Burn App. To the extent Daily Burn is required to provide indemnification by applicable law, Daily Burn, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Daily Burn App or your use of it infringes any third party intellectual property right.

8. Product Claims. Daily Burn, not Apple, is responsible for addressing any claims by you relating to the Daily Burn App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Daily Burn App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. U.S. Legal Compliance. 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.

10. Contact Information. Should you have any questions, complaints, or claims relating to the Daily Burn App, please contact us at support@dailyburn.com