These terms and conditions applies to the Guiding Growth app (hereby referred to as “Application”) for mobile devices that was created by Rainer Llera Menocal (hereby referred to as “Service Provider”) as a Commercial service.
1. Acknowledgement
You (End-User) acknowledge that this EULA is concluded between the Service Provider and the End-User only, and not with Apple. The Service Provider, not Apple, is solely responsible for the Licensed Application and its content. This EULA does not provide for usage rules for Licensed Applications that conflict with the Apple Media Services Terms and Conditions.
2. Scope of License
The license granted to the End-User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support
The Service Provider is solely responsible for providing maintenance and support services for the Application, as specified in this EULA or as required under applicable law. Both the Service Provider and the End-User acknowledge that Apple has no obligation to furnish any maintenance and support services for the Application.
4. Warranty
The Service Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Application to that End-User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Service Provider’s sole responsibility.
5. Product Claims
The Service Provider and the End-User acknowledge that the Service Provider, not Apple, is responsible for addressing any claims relating to the Application or the End-User’s possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks.
6. Intellectual Property Rights
The Service Provider and the End-User acknowledge that, in the event of any third-party claim that the Application or the End-User’s possession and use of the Application infringes that third party’s intellectual property rights, the Service Provider, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance
The End-User represents and warrants that (i) they 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) they are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address
For any questions, complaints, or claims regarding the Application, please contact:
Rainer Llera Menocal
Email: contact@guidingrowth.app
Address: Carrer del Roselló 198 4o 2a, 08008 Barcelona, Spain
Phone: +34627696056
9. Third Party Terms of Agreement
The End-User must comply with applicable third-party terms of agreement when using the Application, e.g., if the Application includes VoIP functionality, the End-User must not be in violation of their wireless data service agreement when using the Application.
10. Third Party Beneficiary
The Service Provider and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon the End-User’s acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against the End-User as a third-party beneficiary thereof.
11. Additional terms
Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application. Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.
The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.
The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone’s security features, and may result in the Application not functioning correctly or at all.
Please note that the Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:
- Google Play Services
- Google Analytics for Firebase
- Firebase Crashlytics
- Expo
- Sentry
- RevenueCat
- MixPanel
- Microsoft Clarity
- Google Cloud
Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.
If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider’s agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.
Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.
In terms of the Service Provider’s responsibility for your use of the application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties to provide information to them so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.
The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.
AI FEATURES
The Application may offer features powered by artificial intelligence (AI) to provide insights and recommendations. Users acknowledge and agree that any information or suggestions generated by these AI features are for informational purposes only and do not constitute medical, therapeutic, or professional advice. Users should consult with qualified healthcare professionals before making any decisions based on AI-generated content.
Furthermore, the Application utilizes AI services provided by third-party platforms, including Google Cloud’s Vertex AI. Users acknowledge and agree to comply with the respective terms and conditions of these third-party services. For more information, please refer to Google Cloud’s Service Terms.
By using the AI features within the Application, users agree to these terms and understand the importance of seeking professional advice for medical or therapeutic matters.
NOT MEDICAL ADVICE:
You agree that the application constitutes, in part, a tool to help you find what factors are positively or negatively affecting your health and/or your dependents health, as well as to keep track of the amount of medication/supplements you have taken, and that if you choose to utilize the application, you are solely responsible for deciding how you act on any patterns you may discover as well as accurately keeping a record of how much medication or supplements you have taken. As such you agree that the Service Provider is not a healthcare provider, and does not provide you with any actual medical advice.
Any advice or other materials provided through the application and website (guidinggrowth.app) are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. PLEASE DO NOT USE “Guiding Growth” FOR MEDICAL PURPOSES. IN CASE OF ANY INDIVIDUAL HEALTH ISSUES, CONSULT A MEDICAL PROFESSIONAL.
Changes to These Terms and Conditions
The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2025-02-16
Contact Us
If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at contact@guidingrowth.app.