Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Kapsule Tech ("Company," "we," "us," or "our") governing your access to and use of the CuteLifts mobile application (the "App").
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
Eligibility
You must be at least 13 years of age to use the App. By using the App, you represent and warrant that:
- You are at least 13 years of age
- You have the legal capacity to enter into these Terms
- Your use of the App does not violate any applicable law or regulation
- If you are under 18, you have obtained parental or guardian consent to use the App
Account Registration
Apple Sign In
The App uses Apple Sign In for authentication. By signing in, you agree to:
- Provide accurate information through Apple Sign In
- Maintain the security of your Apple ID credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
Account Responsibilities
You are responsible for:
- All content you create, upload, or store in the App
- Maintaining the confidentiality of your account
- All activities that occur under your account
Description of Services
CuteLifts is a fitness tracking application that allows you to:
- Log and track workouts and exercises
- Record body measurements and track progress
- View personal records and analytics
- Create custom exercises and workout templates
- Sync data across devices via iCloud
- Access gamification features (XP, achievements, streaks)
- Subscribe to premium features
Service Availability
We strive to maintain App availability but do not guarantee uninterrupted access. The App may be temporarily unavailable due to:
- Scheduled maintenance
- Software updates
- Technical issues beyond our control
- Force majeure events
Subscriptions and Payments
Premium Subscription
CuteLifts offers optional premium subscriptions that unlock additional features:
- CuteLifts Premium Monthly: Billed monthly
- CuteLifts Premium Annual: Billed annually
Subscription Terms
- Subscriptions are processed through Apple's App Store
- Payment is charged to your Apple ID account upon purchase confirmation
- Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
- Your account will be charged for renewal within 24 hours prior to the end of the current period
- You can manage and cancel subscriptions in your Apple ID Account Settings
Free Trial
- If offered, free trials automatically convert to paid subscriptions unless cancelled before the trial ends
- Unused portions of free trials are forfeited upon purchasing a subscription
Price Changes
- We reserve the right to change subscription prices
- Price changes will be communicated in advance
- Continued use after price changes constitutes acceptance
Refunds
- All purchases are processed by Apple and subject to Apple's refund policies
- To request a refund, contact Apple Support or visit reportaproblem.apple.com
User Content
Your Content
You retain ownership of all content you create in the App, including:
- Workout logs and exercise data
- Custom exercises and workout templates
- Body measurements
- Profile information and photos
- Notes and comments
License to Us
By using the App, you grant us a limited, non-exclusive license to:
- Store your content on your device and in your iCloud account
- Process your content to provide App functionality
- Display your content back to you within the App
This license is solely for operating and improving the App and does not grant us ownership of your content.
Content Restrictions
You agree not to use the App to store or transmit content that:
- Is illegal, harmful, or offensive
- Infringes on intellectual property rights
- Contains malware or harmful code
- Violates any applicable laws
Acceptable Use
Permitted Use
You may use the App for personal, non-commercial fitness tracking purposes.
Prohibited Activities
You agree NOT to:
- Reverse engineer, decompile, or disassemble the App
- Modify, adapt, or create derivative works of the App
- Remove or alter any proprietary notices or labels
- Use the App for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the App's functionality
- Use automated systems or bots to access the App
- Resell, lease, or sublicense access to the App
- Use the App to develop a competing product
- Circumvent any security measures or access controls
Intellectual Property
Our Property
The App and its original content, features, and functionality are owned by Kapsule Tech and are protected by copyright, trademark, and other intellectual property laws. This includes:
- App design and user interface
- Source code and software
- Graphics, logos, and icons
- Text, images, and audiovisual content
- Exercise database and descriptions
- Workout program templates
Trademarks
"CuteLifts," the CuteLifts logo, and related marks are trademarks of Kapsule Tech. You may not use these marks without our prior written permission.
Feedback
If you provide feedback, suggestions, or ideas about the App, you grant us the right to use such feedback without compensation or attribution to you.
Health and Fitness Disclaimer
Not Medical Advice
THE APP IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. The App is designed for general fitness tracking and informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.
Consult Healthcare Providers
Before beginning any exercise program or making changes to your fitness routine, consult with a qualified healthcare provider, especially if you:
- Have any medical conditions
- Are recovering from injury or illness
- Are pregnant or nursing
- Have concerns about your health
Exercise at Your Own Risk
You acknowledge that:
- Physical exercise carries inherent risks
- You are solely responsible for your physical condition and fitness activities
- You should stop exercising immediately if you experience pain, dizziness, or discomfort
- The App's suggestions and data are not personalized medical recommendations
Accuracy of Information
While we strive to provide accurate exercise information, we do not guarantee:
- The accuracy of exercise descriptions or instructions
- The suitability of any exercise for your individual needs
- The accuracy of calculated metrics or analytics
- That following the App's guidance will produce specific results
Data and Privacy
Privacy Policy
Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.
Data Backup
While the App syncs data via iCloud, you are responsible for maintaining backups of your important data. We recommend regularly exporting your data using the App's export feature.
Data Loss
We are not responsible for any loss of data due to:
- Device failure or loss
- iCloud synchronization issues
- App deletion
- Account termination
- Technical malfunctions
Third-Party Services
Apple Services
The App integrates with Apple services including:
- Apple Sign In
- iCloud/CloudKit
- App Store/StoreKit
Your use of these services is governed by Apple's terms and conditions.
Third-Party Links
The App may contain links to third-party websites (such as YouTube for exercise demonstrations). We are not responsible for the content or practices of third-party sites.
Third-Party Content
Exercise demonstration videos and external resources are provided for convenience only. We do not control or endorse third-party content.
Disclaimers
"As Is" Basis
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR COMPLETENESS
- UNINTERRUPTED OR ERROR-FREE OPERATION
No Guarantee
We do not warrant that:
- The App will meet your specific requirements
- The App will be uninterrupted, timely, secure, or error-free
- Results obtained from the App will be accurate or reliable
- Any errors in the App will be corrected
Limitation of Liability
Maximum Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KAPSULE TECH BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, USE, OR GOODWILL
- PERSONAL INJURY OR PROPERTY DAMAGE
- ANY DAMAGES ARISING FROM YOUR USE OF THE APP
Liability Cap
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Exceptions
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Kapsule Tech and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any rights of another party
- Your content or data
Termination
By You
You may terminate your use of the App at any time by:
- Deleting the App from your device
- Cancelling any active subscriptions through Apple
- Removing your data from iCloud
By Us
We may suspend or terminate your access to the App at any time, without notice, for:
- Violation of these Terms
- Conduct that we believe is harmful to other users or us
- Any other reason at our sole discretion
Effect of Termination
Upon termination:
- Your right to use the App ceases immediately
- We may delete your data (though local and iCloud data remains under your control)
- Provisions that should survive termination will remain in effect
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Updating the "Last Updated" date
- Posting notice within the App
- For significant changes, providing prominent notice
Your continued use of the App after changes constitutes acceptance of the modified Terms.
Dispute Resolution
Informal Resolution
Before filing any formal dispute, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Kapsule Tech operates, without regard to conflict of law principles.
Jurisdiction
You agree to submit to the personal jurisdiction of the courts located in our jurisdiction for resolution of any disputes.
Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
General Provisions
Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment
You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.
Force Majeure
We shall not be liable for any failure to perform due to causes beyond our reasonable control.
Headings
Section headings are for convenience only and have no legal effect.
Contact Us
If you have any questions about these Terms, please contact us at:
Apple-Specific Terms
As required by Apple, you acknowledge and agree that:
- These Terms are between you and Kapsule Tech only, not with Apple
- Apple has no obligation to provide maintenance or support for the App
- Apple is not responsible for any product warranties
- Apple is not responsible for addressing any claims related to the App
- Apple is not responsible for any third-party claims of intellectual property infringement
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you
By using CuteLifts, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.