Terms of Use

Workout Companion app

 

Revision 1.0

Created October 2019

PK Fitness Apps (the “Company”)  is the creator of the Workout Companion app products and services. 

 

By accessing or using our website, mobile application or other product or service (collectively, the “Application") on any computer, mobile phone, tablet, console or other device (collectively, "Device" or “Devices”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of the Application. 

 

The Company may change these Terms of Use at any time without notice, effective upon its posting to the Application. Any changes to these Terms of Use will include an updated version number and date of revision. Your continued use of the Application shall be considered your acceptance to the revised Terms of Use. 

 

If you do not agree to these Terms of Use, please do not use the Application.

 

Physical Activity Notice

The Application includes features that promote and encourage users to increase their physical activity to maintain an active healthy & lifestyle. Consider the risks involved and consult with your medical professional before engaging in any physical activity. The Company is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Application. 

 

Please note that the information, exercise/training programs and/or guides in the Application cannot replace the services of health professionals, physicians or medical equipment.

 

Use of Heart Rate

The Application uses heart rate from your connected device to quantify and characterize intensity zones during and after a workout. Users are encouraged to consult with their medical professional to determine the proper heart rate zones for their unique fitness profile, goals, and medical conditions to ensure safe usage of the Application. The accuracy of the information provided by the Application is limited to the accuracy of the data collected by the sensors used in the Application and the information provided by the user. The Company assumes no responsibility for the accuracy of the data contained within or made available by the Application. 

 

Certain medications can have an impact on your heart rate and thus dramatically affect your ability to reach and/or sustain certain heart rate zones. If you are taking any prescription medications, you are advised to seek guidance from your medical professional before using this Application. 

 

Intellectual Property

All intellectual property on the Application is owned by the Company or its licensors, which includes materials protected by trade secret, copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by the Company. All content on the Application is a collective work under the United States and other copyright laws and is the proprietary property of the Company; all rights reserved. The Company reserves the rights to all non-user identifiable workout data collected.

 

User-Generated Content

User-Generated Content (“UGC”) is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Application users post or otherwise make available on or through the Application, except to the extent the content is owned by the Company.

 

Use Restrictions

You agree not to change or delete any ownership notices from materials downloaded or printed from the Application. You agree not to modify, copy, translate, reverse engineer, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or content appearing on the Application, unless it is your own UGC that you legally post on the Application. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

 

Reserved Rights

We reserve the right to disable, block or otherwise restrict any user of the Application for any reason at our sole discretion.

 

Username/Password Safeguards

This Application utilizes Apple’s “Sign in with Apple” functionality for user authentication. Keep your Apple ID and password secure at all times. The Company is not responsible for any loss that may result from the unauthorized use of your Apple ID and/or password with or without your knowledge.

 

Registration and Eligibility​

Users are required to setup a user account in the Application prior to use. You agree to provide accurate and current information about yourself in all registration forms on the Application. This Application is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms Of Use for anyone under 13 to register for the Application. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

 

Mobile Services

The Application contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using the Application, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. 

 

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of the Application or any violation of these Terms of Use, any law or the rights of any third party.

 

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Application.

 

Disclaimer

The Application is provided "as is" and without warranties of any kind. The Application is provided for informational purposes only to help motivate and encourage an active lifestyle. This Application is not a medical device and the data created by the Application is not intended to be used relied upon for medical diagnosis or treatment. 

 

To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Application. The Company does not represent or warrant that the Application will be uninterrupted or error-free, that any defects will be corrected, or that this Application or the server that makes the Application available are free of viruses or anything else harmful. 

 

To the fullest extent permitted by law, the Company does not make any warranties or representations regarding the use of the materials or content in the Application in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Application, loss of data or other harm of any kind that may result. The Company reserves the right to change any and all content and other items used or contained in the Application at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

Limitation Of Liability

The Company shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits from business interruption arising out of your access, use or inability to use this site, or any errors or omissions in the content, even if the Company has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of certain limitations of liability, so the above limitation or exclusion may not apply to you.

 

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

 

Termination

The Company reserves the right in its sole discretion to terminate your account, delete your profile and any of your UGC, and restrict your use of all or any part of the Application for any or no reason, without notice, and without liability to you or anyone else. The Company also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Application. 

 

These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, sever-ability and terms that by their nature may survive termination shall survive any termination.

 

Changes to our Terms of Use

The Company reserves the right to make changes to its Terms of Use or practices. If the Company makes changes to the Terms of Use or practices, we will provide prominent notice to our users. 

 

Contacting Us

If there are any questions regarding this Terms of Use, we can be reached by mail at:

 

PK Fitness Apps

163 N. Glendora Ave

Suite A

Glendora, CA 91741

 

By email at:

Info@pkfitness.com

 

By phone at: 

+1 626-335-6520

© 2020 by PK Fitness Apps. All rights reserved.