Terms of Service for Xercise

Last Updated: March 24, 2025

1. Agreement to Terms

By downloading, installing, accessing, or using the Xercise app (the "App"), you agree to be bound by these Terms of Service (the "Terms") and our Privacy Policy. If you disagree with any part of these Terms, you may not access or use our App.

2. Account Terms

2.1 Account Creation

- You must provide accurate and complete information when creating an account

- You are responsible for maintaining the security of your account and password

- You must be at least 13 years old to use this App

- You may not use false or misleading information when registering

2.2 Account Responsibilities

- You are responsible for all activities that occur under your account

- You must notify us immediately of any security breach or unauthorized use

- We reserve the right to terminate accounts that violate these Terms

- You may not share your account credentials with others

3. Subscription Services

3.1 Subscription Terms

- Xercise offers both free features and premium subscription options

- Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period

- Payment will be charged to your Apple ID account at confirmation of purchase

- You can manage and cancel subscriptions through your Apple ID account settings

3.2 Free Trial

- We may offer a free trial period for our subscription services

- Once the trial period ends, you will be automatically charged unless you cancel before the trial expires

- You may only use a free trial once

3.3 Billing

- All prices are in USD unless otherwise stated and may change with notice

- Price changes will be effective at the start of the next billing cycle

- No refunds or credits will be provided for partial subscription periods

4. Health and Fitness Disclaimer

4.1 Not Medical Advice

- The App provides general fitness and nutrition information for informational purposes only

- Content is not a substitute for professional medical advice, diagnosis, or treatment

- Always consult healthcare providers before starting any fitness program

- We are not responsible for any health issues or injuries that may result from following our suggestions

4.2 User Responsibility

- You are responsible for exercising within your physical limits

- Stop activity if you experience pain, discomfort, dizziness, or shortness of breath

- Verify all nutritional information independently before making dietary decisions

- Use of health features like heart rate monitoring is at your own risk

5. Integration with HealthKit

5.1 Data Access

- We only access HealthKit data with your explicit permission

- HealthKit data is used solely to provide core app functionality

- We do not sell, share, or use your HealthKit data for advertising

5.2 Data Usage

- Health data may be used to personalize your workouts and track progress

- You can revoke HealthKit permissions at any time through device settings

- We implement appropriate security measures to protect health data

6. User Content

6.1 Content Ownership

- You retain all rights to content you create, upload, or share through the App

- You grant us a non-exclusive, worldwide license to use, display, and distribute your content for App functionality

- We may remove content that violates these Terms or is reported by other users

6.2 Prohibited Content

- No harmful, threatening, abusive, or offensive content

- No copyright or trademark infringement

- No spam, unsolicited advertising, or promotional materials

- No impersonation or misrepresentation of identity

- No content that promotes illegal activities

6.3 Social Features

- You are responsible for interactions with other users

- We are not responsible for disputes between users

- We do not monitor all content but reserve the right to remove violations

7. Intellectual Property

7.1 App Content

- All App content, including but not limited to text, graphics, logos, images, videos, and workout routines, is our intellectual property

- You may not copy, modify, distribute, or create derivative works from the App or its content

- You may not reverse engineer, decompile, or disassemble the App

7.2 Trademarks

- All Xercise trademarks, service marks, and logos are our exclusive property

- No use is permitted without our prior written consent

8. Privacy and Data

8.1 Data Collection

- We collect and use data as described in our Privacy Policy

- We implement reasonable security measures to protect your data

- We may use anonymized, aggregated data for analytics and improvements

8.2 Third-Party Services

- The App may integrate with third-party services (e.g., Spotify, Apple Health)

- Third-party terms and policies may apply to those services

- We are not responsible for third-party services or their content

9. Limitation of Liability

- The App is provided "as is" without warranties of any kind

- We disclaim all warranties, express or implied, including fitness for a particular purpose

- We are not liable for any direct, indirect, incidental, special, or consequential damages

- Maximum liability is limited to the amount you paid for the App subscription

10. Changes to Terms

- We may modify these Terms at any time

- Changes become effective immediately upon posting in the App

- Your continued use constitutes acceptance of the updated Terms

- We will notify you of significant changes via email or App notification

11. Termination

- We may terminate or suspend your access to the App at any time for violations of these Terms

- You may terminate your account at any time by deleting the App and canceling subscriptions

- Terms regarding intellectual property, liability, and dispute resolution survive termination

12. Governing Law

- These Terms are governed by the laws of the United States

- Disputes will be resolved in the courts of [Your Jurisdiction]

- You waive the right to participate in a class action lawsuit

13. Geographic Restrictions

- We make no representations that the App is appropriate for use in all locations

- We reserve the right to limit availability of the App in any jurisdiction

14. Contact Information

For questions about these Terms or the App:

Email: support@xerciseapp.com

Website: https://xerciseapp.com/support

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Xercise regarding the App.