1. Acceptance
By installing or using PassFit (the "app"), you agree to these Terms of Use and to the Privacy Policy. If you do not agree, do not use the app.
2. Eligibility
You must be at least 13 years old to use PassFit. You must be old enough in your country to consent to the processing of personal data described in our Privacy Policy. PassFit requires an iPhone 12 or later running iOS 17 or later.
3. Your account and content
- You are responsible for the accuracy of the display name and content you publish in the app.
- You retain ownership of the workouts, gifts, and challenges you create. You grant PassFit a limited license to store and route this content through the app's social and sync features so they can function.
- You may delete your account from Profile → Delete account at any time. Deletion cascades across your profile, friendships, sent and received gifts, challenges, and block/report records.
4. Acceptable use
You agree not to use PassFit to:
- Harass, threaten, or abuse another user.
- Impersonate another person or create fake accounts.
- Send unsolicited promotional content through gifts or challenges.
- Attempt to defeat, automate, or fabricate rep counts. The app is designed to count what your body actually did.
- Reverse-engineer, decompile, or interfere with the app or its CloudKit container, except where this restriction is prohibited by law.
- Use the app in any manner that violates applicable law.
We may remove content, suspend access, or terminate accounts that violate these rules. Per Apple's standard EULA, account actions for App Store apps are taken by us, not by Apple.
5. Health disclaimer
PassFit is a fitness counter, not a medical device. It does not provide medical advice, diagnosis, or treatment. Consult a qualified professional before starting any new exercise program. You assume all risk associated with using the app to support your workouts.
6. App Store and Apple addendum
You acknowledge that these Terms are between you and PassFit, not between you and Apple, and that PassFit (not Apple) is solely responsible for the app and its content. To the extent these Terms conflict with Apple's Licensed Application End User License Agreement, the Apple terms apply. The following acknowledgements are required by Apple:
- Scope of license. The license granted to you is limited to a non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
- Maintenance and support. PassFit, not Apple, is solely responsible for providing maintenance and support.
- Warranty. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
- Product claims. PassFit, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal requirements, and claims under consumer protection law.
- Intellectual property claims. If a third party claims the app or your use of it infringes intellectual property rights, PassFit (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
7. Disclaimers
The app is provided "as is" and "as available" without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be uninterrupted, error-free, or free of harmful components.
8. Limitation of liability
To the maximum extent permitted by law, PassFit will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the app. Our total liability for any claim arising from or related to the app will not exceed one hundred U.S. dollars (US$100.00).
9. Termination
You may stop using the app at any time and may delete your account from inside the app. We may suspend or terminate your access if you violate these Terms. Sections 5, 7, 8, and 10 survive termination.
10. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Any dispute arising from or related to these Terms or the app will be resolved exclusively in the state and federal courts located in Delaware, except where prohibited by your local consumer protection law.
11. Changes
We may update these Terms from time to time. If we make a material change, we will update the version and effective date above and will notify you in-app. Your continued use of the app after a change means you accept the updated Terms.
12. Contact
Questions about these Terms: [email protected].