TERMS OF SERVICE

TABLE OF CONTENTS

1. AGREEMENT TO TERMS

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Barták Imre Gergő, an individual sole proprietor registered in Hungary ("we," "us," "our," "Service Provider"), governing your use of the RepsUp mobile application and related services (collectively, the "Service" or "App").

By using the Service, you acknowledge that:

• You have read and understood these Terms
• You have read and understood our Privacy Policy
• You agree to be legally bound by these Terms
• You have the legal capacity to enter into this Agreement

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. SERVICE DESCRIPTION

2.1 What RepsUp Is

RepsUp is a fitness and workout tracking application for iOS and watchOS that enables users to:

• Create and customize detailed workout plans
• Track exercises, sets, repetitions, rest times, and weights
• Monitor workout performance in real-time
• Access heart rate and calorie data (with user permission)
• Review workout history and statistics
• Sync data between iPhone and Apple Watch
• Export workout data for personal use

2.2 What RepsUp Is NOT

• NOT a medical device or medical service
• NOT a substitute for professional medical advice
• NOT a diagnostic or treatment tool
• NOT certified by FDA or equivalent regulatory bodies
• NOT a personal training service
• NOT responsible for your fitness outcomes

2.3 Service Availability

The Service is provided "as available" and may be subject to:

• Temporary interruptions for maintenance
• Changes or discontinuation without notice
• Compatibility requirements with iOS/watchOS versions
• Regional restrictions based on local laws

3. ELIGIBILITY AND AGE REQUIREMENTS

3.1 Minimum Age Requirements

By using the Service, you represent and warrant that you are at least:

Region	Minimum Age	Legal Basis
India	18 years	DPDPA requirements
European Union/UK	16 years (or country-specific, not below 13)	GDPR Article 8
Quebec, Canada	14 years	Law 25
United States & Others	13 years	COPPA and local laws

3.2 Use by Minors with Parental Consent

If you are a minor above the minimum age but below the age of majority in your jurisdiction:

• Your parent or legal guardian must agree to these Terms on your behalf
• Your parent/guardian must complete the parental affirmation during onboarding
• By providing affirmation, your parent/guardian becomes legally bound by these Terms
• Your parent/guardian is responsible for your activities in the Service
• Your parent/guardian assumes all risks associated with your use

Parental Affirmation Statement: "I am the parent or legal guardian of the user, and I consent to their use of this app and agree to the Terms of Service and Privacy Policy."

3.3 False Age Declaration

Providing false age information constitutes a breach of these Terms and may result in immediate termination of access to the Service.

4. HEALTH AND MEDICAL DISCLAIMERS

4.1 NOT Medical Advice

THE SERVICE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.

The Service, including all content, features, and functionality:

• Does NOT provide medical advice, diagnosis, or treatment
• Does NOT replace consultation with qualified healthcare professionals
• Does NOT constitute a doctor-patient or therapist-client relationship
• Should NOT be relied upon for medical decisions

4.2 Consult Healthcare Professionals

You MUST consult a qualified healthcare professional:

• Before beginning any exercise program
• If you have pre-existing health conditions
• If you are pregnant or may become pregnant
• If you are taking medications
• If you experience pain, discomfort, or unusual symptoms
• For any health-related questions or concerns

4.3 Measurement Accuracy Disclaimer

4.4 Exercise Risks

You acknowledge and accept that physical exercise involves risks including but not limited to:

• Muscle strains and injuries
• Joint injuries
• Cardiovascular stress
• Fainting or dizziness
• Abnormal blood pressure
• In rare cases, heart attack or death

4.5 STOP Exercising If

STOP IMMEDIATELY AND SEEK MEDICAL ATTENTION IF YOU EXPERIENCE:

• Chest pain or pressure
• Severe shortness of breath
• Dizziness or fainting
• Irregular heartbeat
• Severe pain
• Any concerning symptoms

4.6 Assumption of Risk

BY USING THE SERVICE, YOU EXPLICITLY:

• Acknowledge the inherent risks of physical exercise
• Voluntarily assume ALL risks, known and unknown
• Accept full responsibility for your safety
• Release us from liability for exercise-related injuries
• Confirm you are physically capable of using the Service

4.7 No Guaranteed Results

We make NO guarantees regarding fitness results. Results vary based on individual factors including genetics, effort, diet, and consistency.

5. ACCOUNT AND USER RESPONSIBILITIES

5.1 Your Responsibilities

You are responsible for:

• Maintaining the security of your device
• All activities that occur under your use of the App
• Backing up your workout data
• Keeping the App updated to the latest version
• Ensuring your device meets system requirements
• Complying with all applicable laws

5.2 Accurate Information

You agree to:

• Provide accurate age information during setup
• Not misrepresent your identity or age
• Keep any personal information current
• Not impersonate others

5.3 Device Security

You acknowledge that:

• Data security depends on your device security
• You should use device lock features (Face ID, Touch ID, passcode)
• Lost or stolen devices may compromise your data
• We cannot recover data from your device

6. ACCEPTABLE USE POLICY

6.1 Permitted Use

You may use the Service for:

• Personal fitness tracking
• Creating workout plans for personal use
• Monitoring your exercise performance
• Exporting your data for personal records

6.2 Prohibited Uses

You may NOT:

• Use the Service for commercial purposes without permission
• Reverse engineer, decompile, or disassemble the App
• Modify, adapt, or hack the Service
• Circumvent any security features
• Use the Service for illegal purposes
• Violate any third-party rights
• Use automated systems to access the Service
• Attempt to gain unauthorized access to any systems
• Use the Service in any way that could damage or impair it
• Share the App through unauthorized distribution channels

6.3 Export Control

You agree to comply with all export control laws and regulations. You represent that you are not:

• Located in an embargoed country
• On any prohibited party list
• Prohibited from receiving the Service under any laws

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Our Rights

The Service and its entire contents, features, and functionality are owned by Barták Imre Gergő and are protected by international copyright, trademark, and other intellectual property laws.

We own or license:

• The RepsUp name, logo, and branding
• App source code and architecture
• User interface designs
• Graphics and animations
• Algorithms and methods
• All other Service components

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on devices you own or control
• Use the Service for personal, non-commercial purposes
• Access the Service in compliance with these Terms

7.3 Restrictions

This license does NOT allow you to:

• Sell, rent, or lease the App
• Distribute or make the App available over a network
• Create derivative works
• Use our trademarks without permission
• Remove any copyright or proprietary notices

8. USER CONTENT AND DATA

8.1 Your Content

You retain ownership of all workout data and content you create using the Service ("User Content"), including:

• Workout plans and schedules
• Exercise data and notes
• Performance statistics
• Personal settings and preferences

8.2 Data Storage

You acknowledge that:

• Data exists only on your device(s)
• We cannot recover lost or deleted data
• You are responsible for backing up your data
• Uninstalling the App will delete all data
• Device loss means data loss unless backed up

8.3 Data Integrity

You agree not to:

• Create false or misleading workout data
• Manipulate health metrics for deceptive purposes
• Use the Service to generate fraudulent fitness records

9. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our Privacy Policy, available at [Privacy Policy URL], explains:

• What information the App processes
• How your information is used
• Your privacy rights
• How to exercise your rights

Key Privacy Points:

• All data stored locally on your device
• No server storage or cloud backup
• We cannot access your personal data
• Health data requires explicit consent
• You control all your data

By using the Service, you agree to the terms of our Privacy Policy.

10. APPLE HEALTHKIT TERMS

10.1 HealthKit Integration

The App integrates with Apple HealthKit to:

• Read and write heart rate data during workouts
• Read and write active energy/calorie data
• Write workout session summaries

10.2 HealthKit Data Restrictions

We commit that the App:

• Will NOT use HealthKit data for advertising
• Will NOT sell HealthKit data to third parties
• Will NOT use HealthKit data for data mining
• Will NOT share HealthKit data without consent
• Will NOT store HealthKit data in iCloud

10.3 Your Control

You can control HealthKit access at any time through:

• iOS Settings > Health > Data Access & Devices > RepsUp
• Toggle specific permissions on/off
• Revoke all access if desired

11. THIRD PARTY SERVICES

11.1 Apple Services

The Service operates on Apple platforms and may interact with:

• iOS and watchOS operating systems
• Apple Health app
• Apple Watch hardware
• App Store for distribution

Your use of Apple services is governed by Apple's terms and policies.

11.2 No Other Third Parties

The App does not integrate with any other third-party services, analytics, or advertising platforms.

12. DISCLAIMERS AND WARRANTIES

12.1 "AS IS" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

12.2 No Warranties

WE SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY
• UNINTERRUPTED OR ERROR-FREE OPERATION
• VIRUS OR DEFECT FREE
• SECURITY

12.3 No Professional Advice

WE DO NOT WARRANT OR GUARANTEE:

• Medical accuracy of any information
• Fitness results or outcomes
• Accuracy of health measurements
• Safety of suggested exercises
• Suitability for your needs

12.4 Third Party Actions

We are not responsible for:

• Apple's operating system changes
• Device compatibility issues
• Third-party interference with the App
• App Store availability

13. LIMITATION OF LIABILITY

13.1 No Liability For

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOST PROFITS OR REVENUE
• LOSS OF DATA OR USE
• PHYSICAL INJURY FROM EXERCISE
• MEDICAL COMPLICATIONS
• RELIANCE ON APP MEASUREMENTS
• FAILURE TO SEEK MEDICAL ADVICE
• THIRD-PARTY ACTIONS

13.2 Essential Purpose

These limitations apply even if:

• We have been advised of possible damages
• Remedies fail their essential purpose
• You relied on the Service

13.3 Exceptions

Nothing in these Terms excludes liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Barták Imre Gergő and any affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of third-party rights
• Your exercise activities
• Your reliance on App information
• Your failure to obtain medical clearance
• Any injury resulting from your use of the Service
• Your User Content
• Your false statements about age or identity

15. MODIFICATIONS TO SERVICE

15.1 Service Changes

We reserve the right to:

• Modify or discontinue any feature
• Update the App for improvements
• Change system requirements
• Discontinue the Service entirely

15.2 Notice

We will attempt to provide notice of significant changes through:

• App Store update descriptions
• In-app notifications
• Email (if provided)

15.3 No Obligation

We have no obligation to:

• Maintain any specific features
• Provide updates or upgrades
• Continue operating the Service

16. TERMINATION

16.1 Your Right to Terminate

You may terminate this Agreement at any time by:

• Stopping use of the Service
• Deleting the App from all your devices

16.2 Our Right to Terminate

We may terminate or suspend your access immediately, without notice, for:

• Breach of these Terms
• False age declaration
• Illegal activities
• Harmful use of the Service
• Any reason at our sole discretion

16.3 Effect of Termination

Upon termination:

• Your license to use the App ends
• You must stop using the Service
• You should delete the App
• Your data remains on your device until deleted
• Provisions that should survive will continue

17. GOVERNING LAW AND DISPUTES

17.1 Governing Law

These Terms are governed by the laws of Hungary, without regard to conflict of law principles.

Consumer Protection: If you are a consumer in the EU, you retain the protection of mandatory consumer laws in your country of residence.

17.2 Informal Resolution

Before formal proceedings, we agree to attempt to resolve disputes informally for at least 30 days. Contact us at privacy@repsup.app to begin this process.

17.3 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration in Sopron, Hungary, conducted in English or Hungarian.

17.4 Exceptions

The following are not subject to arbitration:

• Small claims court actions (where available)
• Injunctive relief for IP violations
• Disputes that cannot be arbitrated under applicable law

17.5 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions, except where prohibited by law.

18. REGIONAL SPECIFIC TERMS

18.1 European Union Residents

18.2 United States Residents

State-Specific Rights:

• California: California residents have specific privacy rights under CCPA/CPRA
• Washington: Consumer health data protections under MHMDA apply
• State consumer protection laws may provide additional rights

18.3 Canadian Residents

Canadian Specifics:

• Quebec residents: Terms available in French upon request
• Provincial consumer protection laws apply
• PIPEDA privacy rights

18.4 Australian Residents

Australian Consumer Law:

• Consumer guarantees under ACL cannot be excluded
• ACCC protections apply

18.5 Indian Residents

India Specific:

• Must be 18+ to use the Service
• DPDPA rights apply
• Consumer Protection Act 2019 applies

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Service.

19.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full effect.

19.3 No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

19.4 Assignment

You may not assign your rights under these Terms. We may assign our rights to any successor or acquirer.

19.5 Survival

Provisions that should naturally survive termination will continue, including disclaimers, limitations of liability, indemnification, and dispute resolution.

19.6 Force Majeure

We are not liable for failures due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, or internet outages.

19.7 Interpretation

• Headings are for convenience only
• "Including" means "including but not limited to"
• Examples are illustrative, not exhaustive

19.8 Updates to Terms

We may update these Terms. Material changes will be notified as described in our Privacy Policy. Continued use after changes constitutes acceptance.

19.9 Language

These Terms are in English. Translations are for convenience only; the English version prevails in conflicts.

20. CONTACT INFORMATION

Types of Inquiries:

Inquiry Type	Email Subject Line
Terms of Service Questions	"TOS Inquiry"
Privacy Concerns	"Privacy Inquiry"
Technical Support	"Support Request"
Legal Matters	"Legal Inquiry"
Business Inquiries	"Business Inquiry"

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End of Terms of Service
© 2025 Barták Imre Gergő - All Rights Reserved
RepsUp - Plan & Track Workouts™ is a trademark of Barták Imre Gergő
Version 1.0 - Effective September 17, 2025