Last updated: August 22, 2023
Welcome to TempoFit. These Terms of Service ("Terms") govern your use of the TempoFit mobile application (the "App") operated by TempoFit ("we," "us," or "our"). By downloading, installing, or using our App, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our App.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms.
You may be required to register for an account to access certain features of the App. When you register, you agree to provide accurate, current, and complete information. You are responsible for safeguarding your password and for any activities or actions under your account. We reserve the right to disable any user account at any time in our sole discretion for any reason, including if you have breached any provision of these Terms.
Our App may allow you to post, store, share, or publish content, including workout data, preferences, and profile information ("User Content"). By providing User Content to the App, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content for the purpose of providing and improving our App.
You represent and warrant that your User Content does not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights, and does not contain unlawful, defamatory, or objectionable material.
Some features of the App may require a subscription. By subscribing, you agree to pay the applicable fees as they become due. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
You can manage and cancel your subscription through your app store account settings. Refunds are governed by the app store's refund policies (Apple App Store or Google Play).
We reserve the right to change subscription fees upon reasonable notice. Such notice may be provided at any time through a posting on our App or website, or via email.
We may offer a free trial period for subscriptions. Unless you cancel before the end of the trial period, you will automatically be charged for the subscription when the trial period ends. You are permitted only one free trial period. We reserve the right to determine eligibility for free trials and to modify or cancel them at any time.
The App and its original content, features, and functionality are and will remain the exclusive property of TempoFit and its licensors. The App is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TempoFit.
You agree not to use the App:
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TEMPOFIT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
TEMPOFIT MAKES NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS, (II) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE APP WILL BE CORRECTED.
The TempoFit App is designed to help users track and manage their fitness activities. The information provided through the App is not medical advice, diagnosis, or treatment. Always consult a healthcare professional before starting any exercise program. The use of the App for exercise timing and tracking is entirely at your own risk.
TempoFit is not responsible for any injuries or health problems that may result from training programs, exercises, or other information provided through the App. By using the App, you assume full responsibility for all risks associated with exercise and the use of the App.
IN NO EVENT SHALL TEMPOFIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (III) ANY CONTENT OBTAINED FROM THE APP; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO CASE SHALL TEMPOFIT'S LIABILITY EXCEED THE AMOUNT THAT YOU PAID US IN THE PAST SIX MONTHS.
You agree to defend, indemnify, and hold harmless TempoFit and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account and password; b) a breach of these Terms, or c) your User Content.
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Any dispute arising from or relating to the subject matter of these Terms shall first be resolved through informal negotiation. If the dispute cannot be resolved through negotiation, the parties agree to binding arbitration under the rules of the American Arbitration Association in San Francisco, California.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In such event, the parties shall in good faith attempt to replace the invalid or unenforceable provisions with valid provisions that most closely approximate the intent and economic effect of the invalid provisions.
These Terms constitute the entire agreement between you and TempoFit regarding our App and supersede any prior agreements or understandings.
If you have any questions about these Terms, please contact us at:
emrematebucket@gmail.com/p>