top of page

Last updated: June 22nd, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words in which the initial letter is capitalized have meanings defined under the following conditions.

 

The following definitions shall have the same meaning regardless of whether they appear singular or plural.

Definitions

For these Terms and Conditions:

  • Affiliate means an entity controlled by or under common control with a party, whereas "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

  • Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Mighty45.

  • Country refers to California, United States.

  • Service refers to the Website or the App on the App Store or Play Store.

  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.

  • Website refers to Mighty45, accessible from https://mighty45.com or https://app.mighty45.com.

  • You mean the individual accessing or using the Service, the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing this Service's use and the agreement between You and the Company. In addition, these Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, you may not access the Service.

​

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Therefore, please read Our Privacy Policy carefully before using Our Service.

Other Services

We may use third-party Service providers to facilitate our Service or to host processes and store data necessary for the functionality.

Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company.

 

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

​

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services you visit.

​

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the preceding shall be limited to the amount paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. Each party's liability will be limited to the greatest extent permitted by law in these states.

​

The Mighty45 application stores and processes personal data that you provide to us to deliver the Service. It's your responsibility to keep your phone and access to the Application secure. The Company takes no responsibility if your account is compromised because of a loss of password or if anyone other than yourself accesses your account because your account is not properly secured.

​

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its behalf and behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the preceding, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

 

We reserve the right at any time to cancel Service or the entire Service and Application.

Without limiting the preceding, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied:

  1. As to the operation or availability of the Service, or the information, content, and materials or products included thereon

  2. That the Service will be uninterrupted or error-free

  3. As to the accuracy, reliability, or currency of any information or content provided through the Service

  4. That the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.

 

You should be aware that there are certain things for which the Company will not take responsibility. For example, certain functions of the Application will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider. However, the Company cannot take responsibility for the app not working at full functionality if you don't have access to Wi-Fi and don't have any of your data allowance left. If you're using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app or other third-party charges. In using the app, you accept responsibility for any such charges, including roaming data charges, if you use the app outside your home territory (i.e., region or Country) without turning off data roaming. If you are not the bill payer for the device on which you're using the app, please be aware that we assume you have received permission from the bill payer to use the app. Along the same lines, the Company cannot always take responsibility for how you use the app, i.e., You need to ensure that your device stays charged. If it runs out of battery and you can't turn it on to avail the Service, the Company cannot accept responsibility.

​

Concerning the Company's responsibility for your use of the app, when you're using the app, it's important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Accordingly, the Company accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your application use may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concerns or disputes about the Service, You agree first to try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the Country in which you are resident.

The United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

Suppose any provision of these Terms is held to be unenforceable or invalid. In that case, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under applicable law. However, the remaining provisions will continue in full force and effect.

​

Fees

Fees; Payment Terms; Account Cancellation. Mighty45 charges a subscription fee ("Fees") for the use of the Service. By registering for a Mighty45 Account, you agree to pay the Fees applicable to the account level chosen. Unless otherwise stated, all Fees are in U.S. Dollars. The Company expressly reserves the right to change the Fees at any time upon your notice. All Fees are paid monthly and are refundable for 30 days at the Company's sole discretion.

After the 30 days, there will be no refunds or credits for partial months of Service, upgrades/downgrades, or for months when you did not use Mighty45 or past months. We reserve the right to deactivate your access to Mighty45 if you fail to pay applicable fees. You must provide current, complete, and accurate billing information. You must promptly update all billing information to keep your account current, complete and accurate (such as by furnishing a new billing address, card number, or expiration date). You must promptly notify Mighty45 if your credit card is canceled (including if you lose your card or it is stolen) or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You authorize us to obtain updated, or replacement expiration dates for your credit card if the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Mighty45 if your credit card issuer refuses to pay any amount to Mighty45 for any reason. You agree to pay all collection costs, including attorney's fees and costs, on any outstanding balance. If you fail to pay any amount when due, Mighty45 may immediately suspend or terminate this agreement and your access to Mighty45. Your subscription will renew unless we terminate it or you terminate your subscription.

​

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time after that, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

​

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

 

You agree that the original English text shall prevail in the case of a dispute.

​

Changes to These Terms and Conditions

At Our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.

 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email: support@mighty45.com.

bottom of page