1. Acceptance of Terms

By downloading, installing, accessing, or using PHYT ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and PHYT. We may update these Terms from time to time, and your continued use of the App after such changes constitutes acceptance of the updated Terms.

2. Description of Service

PHYT is a fitness tracking application designed to help you plan, track, and analyze your workouts. The App provides exercise recommendations, workout generation, progress tracking, and related fitness features.

The App is available for iOS and iPadOS devices running iOS 17.0 or later. Some features may require a premium subscription.

3. Health Disclaimer and Medical Advice

Never disregard professional medical advice or delay in seeking it because of something you have read, seen, or been recommended in PHYT. If you think you may have a medical emergency, call your doctor or emergency services immediately.

The exercises, workout recommendations, and fitness information provided by PHYT are for informational and educational purposes only. They are not intended as medical advice, diagnosis, or treatment. You should consult with a healthcare professional before beginning any exercise program, especially if you have any pre-existing medical conditions, injuries, or concerns.

You acknowledge that physical exercise can be strenuous and may cause physical injury. You voluntarily assume all risks and dangers incidental to exercise and the use of PHYT, including the risk of injury, death, or property damage.

4. Subscriptions and Payments

PHYT offers both free and premium features. Premium features are available through auto-renewing subscriptions purchased through the Apple App Store.

Free Trial

If you are eligible for a free trial, it will begin when you subscribe to Premium. At the end of the free trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. You will not be charged if you cancel during the trial period.

Refunds

All purchases are final. Refunds are handled by Apple according to their refund policy. To request a refund, contact Apple Support through your App Store account or visit support.apple.com.

Price Changes

We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewal periods. You will be notified of any price changes before they take effect.

5. Intellectual Property Rights

All content, features, functionality, design, text, graphics, logos, icons, images, audio clips, and software in PHYT are the property of PHYT or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or other proprietary notices
• Use the App for any commercial purpose without our express written permission

The PHYT name and logo are trademarks of PHYT. You may not use our trademarks without our prior written permission.

6. User Content and Data

You retain all ownership rights to any workout data, exercises, notes, or other content you create or input into PHYT ("User Content").

Since all User Content is stored locally on your device, we do not have access to your data unless you explicitly share it with us through support communications or other means.

You are solely responsible for your User Content. You represent and warrant that your User Content does not violate any third-party rights or applicable laws.

You can delete your User Content at any time through the App's Settings. Deletion is permanent and cannot be undone.

7. Disclaimers and Warranties

PHYT is provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the App will be uninterrupted, timely, secure, or error-free
• Warranties that the App will meet your requirements or expectations
• Warranties regarding the accuracy, reliability, or quality of any information obtained through the App

We do not guarantee that the App will be free from viruses, malware, or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements.

8. Limitation of Liability

To the fullest extent permitted by applicable law, PHYT and its owners, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or use
• Loss of goodwill or other intangible losses
• Damages resulting from your use or inability to use the App
• Damages resulting from any conduct or content of third parties
• Damages resulting from unauthorized access to or alteration of your data

In no event shall our total liability to you exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless PHYT and its owners, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any User Content you create or submit

10. Termination

We may terminate or suspend your access to PHYT immediately, without prior notice or liability, for any reason, including if you breach these Terms of Service.

Upon termination:

• Your right to use the App will cease immediately
• You may delete the App from your device
• All data stored locally on your device will remain until you delete it or uninstall the App
• Any active subscriptions will continue according to their terms until cancelled through Apple

You may stop using the App at any time by simply ceasing to use it or deleting it from your device.

11. Changes to Terms

We reserve the right to modify or replace these Terms of Service at any time at our sole discretion. If we make material changes, we will:

• Update the "Last updated" date at the top of these Terms
• Provide notice through the App or by email (if available)
• For material changes, provide at least 30 days notice before the changes take effect

Your continued use of PHYT after any changes to these Terms constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PHYT regarding your use of the App and supersede all prior agreements and understandings.

14. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which PHYT operates, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the App shall be resolved in the courts of the jurisdiction in which PHYT operates.