Simple Workout Tracker App - Terms of Use

Last Updated: June 25, 2024

Welcome to Simple Workout Tracker App. These Terms of Use (“Terms”) govern your access to and use of the Simple Workout Tracker App mobile application (the “App”), any associated websites, and all content, features, and services provided by Simple Workout Tracker App (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Services.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

1. Definitions

• App: Refers to the Simple Workout Tracker App mobile application(s).
• App Content: Refers to all text, graphics, images, software, and other materials made available through the Services by Simple Workout Tracker App, including any aggregated and anonymized statistics, charts, and insights generated by Simple Workout Tracker App.
• Content: Refers to text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services. Content includes, without limitation, User Content and App Content.
• Services: Refers collectively to the App, any associated websites operated by Simple Workout Tracker App, and all content, software, features, functionalities, and services provided by Simple Workout Tracker App through them.
• User Content: Refers to any Content that you or other account holders post, generate, provide, or otherwise make available through the Services.

2. Changes to Terms or Services

Simple Workout Tracker App may update these Terms at any time, in its sole discretion. If we do so, we will let you know by posting the updated Terms within the App or on any associated Services, and/or we may also send other communications to you. It is important that you review the Terms whenever we update them. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you do not agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time, Simple Workout Tracker App may change or discontinue all or any part of the Services, at any time and without notice, at its sole discretion.

3. User Accounts and Security

• Eligibility: You must be at least 16 years of age to use the Services. By agreeing to these Terms, you represent and warrant that you are at least 16 years old.
• Guest Mode: You may use certain features of the App without creating an account (“Guest Mode”). In Guest Mode, any User Content you create is stored locally on your device. You acknowledge that if you uninstall the App or change your device while in Guest Mode, your User Content may be permanently lost.
• Account Creation: To access certain features and to back up your User Content, you may be required to create an account (“Account”).
• Account Security: You are responsible for safeguarding your Account and for all activities that occur under it. You agree to notify Simple Workout Tracker App immediately if you suspect any unauthorized use of your Account.

4. User Content and Data

• Ownership of User Content: You retain all ownership rights in your User Content.
• License to User Content: By making your User Content available through the Services, you grant to Simple Workout Tracker App a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license to use, copy, modify, and distribute your User Content in connection with operating and providing the Services, and for other legitimate business purposes, including to improve the Services and to create and share aggregated, anonymized statistics.
• Your Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that you own your User Content or have all rights necessary to grant us the license rights in your User Content under these Terms.
• Removal of User Content: We have the right, but not the obligation, to remove or disable access to any User Content, at any time and without notice, if we consider it to be objectionable or in violation of these Terms.

5. License to Use the App

• License Grant: Subject to your compliance with these Terms, Simple Workout Tracker App grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes.
• License Restrictions: You may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, or sublicense the App; (iii) reverse engineer, decompile, or disassemble the App; or (iv) make the functionality of the App available to multiple users. Simple Workout Tracker App reserves all rights in and to the App not expressly granted to you under these Terms.

6. Additional Terms for App from Apple App Store

If you accessed or downloaded the App from the Apple App Store, you agree to the following: (a) These Terms are concluded between you and Simple Workout Tracker App only, and not with Apple Inc. (“Apple”). Simple Workout Tracker App, not Apple, is solely responsible for the App and its content. (b) You will only use the App on an Apple-branded product that you own or control and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. (d) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App. (e) Simple Workout Tracker App, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection or similar legislation. (f) In the event of any third-party claim that the App infringes that third party’s intellectual property rights, Simple Workout Tracker App, not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such claim. (g) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

7. Prohibited Conduct

You agree not to do any of the following:

• Post or transmit any User Content that infringes on any third party’s rights or violates any law.
• Use the Services for any commercial purpose not permitted by these Terms.
• Use, display, or mirror the Services or any Simple Workout Tracker App trademark, logo, or proprietary information without our express written consent.
• Access or tamper with non-public areas of the Services or our systems.
• Attempt to probe, scan, or test the vulnerability of any system or network or breach any security measures.
• Attempt to access or search the Services with any engine, software, or tool other than that provided by us or generally available web browsers.
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
• Interfere with the access of any user, host, or network, including by sending a virus, overloading, or spamming the Services.
• Impersonate or misrepresent your affiliation with any person or entity.
• Violate any applicable law or regulation, or encourage anyone else to do so.

8. Fees and Payment

The App is currently provided free of charge. Simple Workout Tracker App reserves the right to introduce fees for certain features or subscription services (“Premium Services”) in the future. You will not be charged for any Premium Services unless you affirmatively agree to the charges. Any payments will be processed through your Apple App Store account and will be subject to its terms. Subscriptions may auto-renew unless cancelled by you.

9. Third-Party Services and Links

The Services may use third-party services to function and may contain links to third-party websites. We are not responsible for the content, products, or services of these third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party services, websites, or resources.

10. Intellectual Property

Excluding your User Content, the Services and App Content are the exclusive property of Simple Workout Tracker App and its licensors, protected by copyright, trademark, and other laws of England and Wales and foreign countries. By submitting feedback or suggestions about the Services, you grant Simple Workout Tracker App a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such feedback for any purpose.

11. Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.

• Health and Medical Disclaimer: YOU ACKNOWLEDGE THAT SIMPLE WORKOUT TRACKER APP IS NOT A MEDICAL ORGANIZATION AND THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. THEY ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION OR BEFORE UNDERTAKING A NEW EXERCISE OR DIETARY REGIMEN. YOU AGREE THAT YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SIMPLE WORKOUT TRACKER APP NOR ANY PARTY INVOLVED IN CREATING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES.

IN NO EVENT WILL SIMPLE WORKOUT TRACKER APP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO SIMPLE WORKOUT TRACKER APP FOR USE OF THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS, OR TEN POUNDS STERLING (£10.00), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS.

13. Indemnification

You agree to indemnify and hold harmless Simple Workout Tracker App, its developer, successors, and agents from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content; or (c) your violation of these Terms.

14. Term and Termination

These Terms commence when you first use the Services and continue until terminated. You may terminate at any time by ceasing all use of the Services. We may suspend or terminate your access at our discretion, at any time and without notice, including if you breach these Terms. Upon termination, provisions that by their nature should survive will remain in effect, including but not limited to sections on Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

15. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of England and Wales. You and Simple Workout Tracker App agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

16. General Terms

These Terms constitute the entire agreement between you and Simple Workout Tracker App and supersede all prior agreements. You may not assign these Terms without our prior written consent. We may freely assign these Terms. If any provision of these Terms is held invalid, the other provisions will remain in full force and effect. Our failure to enforce any right or provision will not be considered a waiver of such right.

17. Contact Information

If you have any questions about these Terms, please contact Simple Workout Tracker App at: contact@simpleworkouttrackerapp.com