Terms of Service: Start Training Now

1. Agreement and Parties

1.1 Parties. These Terms of Service (the “Terms”) are an agreement between you and DMIBAR (the “Developer”, “we”, “us”), the independent developer of Start Training Now (the “App”), shown as the seller on the App’s App Store page.

1.2 Acceptance. By downloading, installing or using the App, you agree to these Terms. If you do not agree, do not use the App and delete it.

1.3 Apple Standard EULA. The App is licensed, not sold. Your license is granted under Apple’s Licensed Application End User License Agreement (the “Apple Standard EULA”), which you accepted when you obtained the App from the App Store. These Terms supplement the Apple Standard EULA. If they conflict, these Terms apply to the extent permitted by applicable law.

1.4 Apple. These Terms are concluded between you and the Developer only, and not with Apple Inc. or its subsidiaries (“Apple”). Apple is not responsible for the App or its content.

1.5 Age and capacity. You must have the legal capacity to enter into a binding agreement in your place of residence. Otherwise, you may use the App only with the permission of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use.

2. License and Restrictions

2.1 License. Subject to these Terms and the Apple Standard EULA, you may use the App on Apple devices that you own or control, as permitted by the App Store Usage Rules, including through Family Sharing where available.

2.2 Restrictions. You may not, and may not allow anyone else to:

• copy, modify, translate or create derivative works of the App;
• reverse engineer, decompile or disassemble the App or attempt to derive its source code, except and only to the extent that applicable law expressly permits this despite this restriction;
• sell, rent, lease, lend, sublicense or distribute the App, or make it available to others except through Family Sharing;
• bypass, disable or interfere with purchase verification, licensing or security features of the App;
• remove or alter any copyright or other proprietary notice; or
• use the App in violation of any law or of anyone’s rights.

2.3 Ownership. The App, including its code, design, text, graphics and name, is protected by copyright and other intellectual property laws. All rights not expressly granted to you are reserved.

2.4 Third-party components. The App may include components licensed by third parties under their own licenses, which apply to those components.

2.5 Security reports. If you find a security vulnerability, please report it privately to the e-mail address in Section 14. We do not run a bug bounty program and do not pay for reports.

3. Price, Payment and Refunds

3.1 Price. The App is free. It offers optional one-time in-app tips (“Tip Jar”), which support the Developer and do not unlock any features. There are no subscriptions or recurring charges.

3.2 Payment. All payments are processed by Apple. We do not receive or store your payment details.

3.3 Refunds. Refunds are handled exclusively by Apple under its policies, at reportaproblem.apple.com. The Developer cannot issue refunds.

4. Updates, Support and Availability

4.1 No obligation. The Developer may, but is not obligated to, provide updates, new features, support or maintenance for the App.

4.2 Changes to the App. We may change or remove features of the App, or stop offering it, at any time. Updates are covered by these Terms.

4.3 Dependence on Apple. The App depends on Apple’s operating systems, devices and services, which may change in ways that affect it. We do not guarantee that the App will work with any particular device or with future operating system versions.

4.4 Descriptions. Descriptions of the App on our website, in its documentation or on the App Store are for information only. They do not create any warranty or any commitment that a feature will be present or remain available.

5. Important Notices for Start Training Now

5.2 Exercise Safely. Consult a doctor before starting any exercise, especially if you are pregnant, have a medical condition or injury, or have not exercised recently. Exercise only within your abilities and in a safe place with enough space. Stop immediately if you feel pain, dizziness, shortness of breath or discomfort, and seek medical help if needed.

5.3 Your Choice and Risk. You decide whether, when and how to exercise, and you assume the risks of any activity you undertake. To the extent permitted by applicable law, the Developer is not liable for any injury or harm resulting from exercise.

5.4 Reminders May Not Appear. Reminders depend on macOS and may be delayed or not shown, for example while your Mac is asleep, in a Focus mode or after a system update. Do not rely on the App for anything time-critical.

6. Your Responsibilities

6.1 Your responsibilities. You are responsible for:

• your use of the App and any results you rely on;
• keeping backups of your files and data;
• having all rights and permissions needed for any files or content you open, process, download or create with the App;
• complying with all laws that apply to you; and
• checking that the App is suitable for your needs before relying on it.

7. Disclaimer of Warranties

8. Limitation of Liability

9. Indemnification

9.1 Indemnity. To the extent permitted by applicable law, you agree to indemnify and hold harmless the Developer against any third-party claims, and any related losses, liabilities and reasonable legal costs, arising from your breach of these Terms, your violation of any law or of any third party’s rights, including intellectual property rights in content you open, process or download with the App, or your misuse of the App.

10. Your Mandatory Rights

10.1 Mandatory law. Nothing in these Terms excludes or limits any right you have, or any liability of the Developer, that cannot lawfully be excluded or limited under the law that applies to you. Where such law applies, the disclaimers, limitations, indemnity and time limits in these Terms apply only to the maximum extent permitted by that law.

10.2 Liability not excluded. To the extent required by applicable law, nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, for intentional misconduct or gross negligence, or under mandatory product liability law.

10.3 Consumers in the EU, EEA, UK and Switzerland. If you are a consumer habitually resident in one of these places:

• your statutory rights regarding the conformity of digital content are not affected;
• Section 9 applies only to loss resulting from your intentional or negligent breach of these Terms;
• Section 11.3 does not apply, and statutory limitation periods apply instead;
• the choice of law in Section 11.4 does not deprive you of the protection of the mandatory provisions of the law of your country of residence; and
• you may bring proceedings in the courts of your country of residence.

10.4 Australia. If you are a consumer under the Australian Consumer Law, the App comes with guarantees that cannot be excluded under that law, and nothing in these Terms excludes, restricts or modifies them.

11. Disputes and Governing Law

11.1 Contact us first. Before starting any legal proceedings, you agree to send us a written description of your claim to the e-mail address in Section 14 and to try in good faith to resolve it informally for sixty (60) days. To the extent permitted by applicable law, limitation periods are suspended during that time.

11.2 Individual claims. To the extent permitted by applicable law, claims may be brought only individually and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and you and the Developer each waive any right to a jury trial.

11.3 Time limit. To the extent permitted by applicable law, any claim arising out of or relating to the App or these Terms must be brought within one (1) year after it arose; otherwise it is permanently barred.

11.4 Governing law. These Terms and any dispute arising out of or relating to them or to the App are governed by the laws of the country in which the Developer is established, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11.5 Courts. Subject to Section 10, the courts of the country in which the Developer is established have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the App.

12. Changes and Termination

12.1 Changes. We may update these Terms. The current version is published at this address with its “Last Updated” date. Changes apply to your use of the App after they are published and do not apply to disputes notified to us before that. If you do not agree to the updated Terms, stop using the App.

12.2 Termination. You may stop using the App at any time by deleting it. Your rights under these Terms end automatically if you breach them, and you must then stop using the App.

12.3 Survival. Sections 2.3, 6 to 11 and 13, and any other provision that by its nature should survive, survive termination.

13. General

13.1 Entire agreement. These Terms and the Apple Standard EULA are the entire agreement between you and the Developer regarding the App. They replace all earlier versions, including earlier versions of the DMIBAR Universal Terms of Service and of any Terms of Service Addendum for the App. The Privacy Policy is provided for information and is not part of these Terms.

13.2 Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and otherwise severed, without affecting the remaining provisions.

13.3 No waiver. A failure or delay in enforcing any provision of these Terms is not a waiver of it.

13.4 Assignment. You may not transfer these Terms or your rights under them. The Developer may transfer these Terms, in whole or in part, to a successor or to a legal entity controlled by the Developer, without your consent, provided that the transfer does not reduce your rights as a consumer.

13.5 Force majeure. The Developer is not liable for any failure or delay caused by events beyond its reasonable control, including changes made by Apple, failures of hardware, software or networks, natural events, epidemics, war and government action.

13.6 Sanctions. You represent that you are not subject to sanctions of the United Nations, the European Union or the United States, that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

13.7 Third-party beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. No other person has any right to enforce them.

13.8 Language and interpretation. These Terms are written in English. Any translation is for convenience only, and the English version prevails. “Including” means “including without limitation”.

13.9 Notices. We may give you notices through the App or by publishing them on our website. You must send notices to us as set out in Section 14.

14. Contact

• Developer: DMIBAR — the seller shown on the App’s App Store page
• E-mail: Enable JavaScript to view email
• Subject line: “Start Training Now Legal Notice” for legal notices and claims
• Support: dmibar.com/apps/start-training-now/support

The Start Training Now Privacy Policy explains how information is handled.