Last Updated December 17, 2020
1 These terms
1.1 What these terms cover. These are the terms and conditions for using FitNotes, an iOS App, and any other products, services or digital content which we may provide to you.
1.2 We may make changes to these terms. We may amend these terms from time to time. Please refer back to these terms via the link on our Websites to check for any changes.
1.3 We may make changes to FitNotes from time to time.
1.4 By installing and using FitNotes you are agreeing to these terms.
We may automatically update FitNotes for various reasons. If you do not want to update FitNotes, disable automatic updates. Changes in future updates will be posted in a changelog on https://getfitnotes.com.
We will maintain support for at least the latest and second-latest version of iOS. For example, as of December 2020 the latest iOS version is 14 and the second-latest is iOS 13. If on December 2021, the latest version is 15, then the second-latest is 14, and we do not guarantee continued support of iOS 13, however it may still be supported. You may not receive updates if you continue using an older iOS version, but the app will continue to work as before.
1.4 Minors. FitNotes is not intended for use by persons under the age of 18 years.
2 About us
2.1 FitNotes is developed by Ginger Technologies Pte Ltd., a limited company registered in Singapore.
2.2 You may email us at [email protected].
4 Terms for use of FitNotes
4.1 Apple’s terms also apply.
5 Support for FitNotes
You may contact us at [email protected], or use the feedback mechanism inside of the app.
6 Subscription terms
A subscription to FitNotes provides unlimited usage of the application.
6.1 Auto-renewing subscriptions
Auto-renewing subscriptions renew automatically on a certain time period. You may change or cancel your subscription at any time using Apple’s subscription management tools.
6.2 Lifetime subscriptions
Lifetime, or “forever” subscriptions, are paid once, and grant the user unlimited access to the application.
6.3 Payment verification
Payment verification requires an active internet connection from time to time. The app’s functionality will be restricted if it is unable to verify that you have an active subscription. Payment verification is performed infrequently, you do not need an active internet connection at all times in order to use the app.
7 Non-subscribed usage
A user without a subscription is restricted in the number of workouts they may have saved in the application at one time. This limit may change from time to time, depending on business needs. A “workout” is defined as a date in which an exercise set data entry is recorded. Exercise set data entries are displayed on the main application view titled “FitNotes”.
8 Disclaimer of Warranties
The use of FitNotes is at your sole risk. FitNotes is provided on an “as is” and “as available” basis. Ginger Technologies Pte Ltd expressly disclaims all warranties of any kind.
9 Limitation of Liability
To the extent permitted under applicable law, in no event will Ginger Technologies Pte Ltd or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of FitNotes.
10 Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Ginger Technologies Pte Ltd may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Ginger Technologies Pte Ltd liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Ginger Technologies Pte Ltd, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) your (or anyone using your account’s) use of the FitNotes, (b) your (or anyone using your account’s) violation of these Terms, and (c) your (or anyone using your account’s) violation of any rights of any other person or entity.
These terms are governed under the laws of Singapore.