Terms of Service

1. Definitions and General Terms

the app / app / Fitpo
Throughout this Terms of Service (ToS), "The App", "app" and "Fitpo" refer to the software application developed, maintained, and managed solely by the Developer. These terms are used interchangeably and represent the digital product provided to the user.
Developer/Sole Proprietor
The terms "I", "me", "my", and any other first-person pronouns refer to the sole developer and proprietor of Fitpo. Despite being the sole individual behind Fitpo, I may use "we," "us," and "our" interchangeably with "I," "me," and "my" throughout this ToS to refer to myself as the Developer. This usage does not imply the existence of a team, but rather, it's a conventional expression for service provision. The developer is Jan Augustyniak.
User
The term "User" refers to any individual or entity that accesses, downloads, or uses Fitpo in any manner. Users are subject to the terms and conditions outlined in this ToS.

2. General

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to the developer.

We reserve the right to make changes to the app or to charge for its services, at any time and for any reason.

3. Subscriptions

You can buy subscriptions in the app. Subscription is tied to (Play Store on Android or Apple on iOS) account used to buy the subscrption. You can manage subscription in Google Play Store or AppStore. When buying subscription you will be informed about the features you will gain access to with an active subscription. Subscriptions are auto renewable, that means that after buying a subscription you will be charged automatically for it until you cancel. You can cancel subscription at any time. At any time we may update the app in a way that adds functionalities previously accessible only to users with an active subscription to all the users. With active subscription you will always have more features than users without active subscription.

4. Third-Party Services

The app does use third-party services that declare their Terms and Conditions.

5. Disclaimers

The Fitpo app stores and processes personal data that you have provided to us, to provide my Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Fitpo app won’t work properly or at all.

You should be aware that there are certain things that developer will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but developer cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, developer cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, developer cannot accept responsibility.

With respect to developer’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Developer accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on (Android and or iOS) – the requirements for the system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Developer does not promise that it will always update the app so that it is relevant to you and/or works with the Android/iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Disclaimer of warranty

THIS "Fitpo" MOBILE APPLICATION (THE "APPLICATION") IS PROVIDED BY DEVELOPER ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEVELOPER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APPLICATION OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS APPLICATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DEVELOPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEVELOPER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THIS APPLICATION. USE OF THIS APPLICATION IS AT YOUR OWN RISK.

6. Changes to This Terms of Service

I may update our Terms of Service from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms of Service on this page.

These Terms of Service are effective as of 2024-09-12

7. Contact

If you have any questions or suggestions about my Terms of Service, do not hesitate to contact me at app.fitpo@gmail.com

8. Other

This Terms of Service page was generated (and later modifier by me) by App Privacy Policy Generator