Terms of Service & End User License Agreement

Last Updated: November 12, 2024

Effective Date: November 12, 2024

IMPORTANT - READ BEFORE USING:

By downloading, installing, or using the Liftzr mobile application ("App"), you agree to be bound by these Terms of Service and End User License Agreement ("Agreement"). If you do not agree to these terms, do not use the App.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and the operator of Liftzr, currently Michel Fernando Rodrigues Flores, operating as an autónomo (self-employed individual) in Spain, and/or any successor entity, assignee, or company that may be formed in the future ("we," "us," or "our"), regarding your use of the Liftzr mobile application and related services (collectively, the "Services").

Business Structure Notice: While currently operated as an individual autónomo, the business structure may change to a company (S.L., S.A., or other entity) at any time without notice. All Terms, rights, and protections automatically transfer to any successor entity.

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. Your agreement extends to any future business entity that may operate the Services.

2. Eligibility

You must be at least 13 years old to use the Services
If you are under 18, you must have parental or guardian consent
You must be legally capable of entering into binding contracts in your jurisdiction
You must not be barred from using the Services under applicable laws
You must provide accurate and complete information when creating an account

By using the Services, you represent and warrant that you meet all eligibility requirements.

3. License Grant

3.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

Download and install the App on personal devices you own or control
Access and use the App for your personal, non-commercial fitness tracking purposes
Access content and features available through the App

3.2 License Restrictions - STRICTLY PROHIBITED

You agree NOT to:

COMMERCIAL USE: Use the App in ANY commercial setting including gyms, fitness centers, personal training, or coaching without explicit written license
MULTIPLE USERS: Share the App or account with multiple people - ONE LICENSE = ONE USER ONLY
REVERSE ENGINEERING: Reverse engineer, disassemble, decompile, or attempt to discover source code
DATA SCRAPING: Use automated systems, bots, or scripts to extract data or content
COMPETITION: Use the App to develop competing products or services
RESALE: Sell, rent, lease, sublicense, or distribute the App
MODIFICATION: Copy, modify, or create derivative works
HACKING: Attempt to gain unauthorized access or circumvent security features
ABUSE: Use for illegal activities, harassment, or harmful purposes
IMPERSONATION: Misrepresent affiliation with us or impersonate others
TRADEMARK VIOLATIONS: Use our name, logo, or brand without permission
API ABUSE: Access private APIs or exceed reasonable usage limits

VIOLATION OF THESE RESTRICTIONS RESULTS IN IMMEDIATE TERMINATION AND POTENTIAL LEGAL ACTION.

4. Commercial Use Prohibition

STRICTLY PERSONAL USE ONLY:

This license is for PERSONAL, NON-COMMERCIAL USE ONLY. The following are PROHIBITED without a separate commercial license:

Gym/Fitness Center Use: Using the App as equipment in a commercial gym or fitness facility
Personal Training: Using the App to track clients' workouts or in any coaching capacity
Corporate Wellness: Providing the App as part of employee wellness programs
Resale or Distribution: Bundling the App with other products or services
Educational Institutions: Using in schools, universities, or training programs
Healthcare Settings: Using in physical therapy, rehabilitation, or medical facilities

For commercial licensing inquiries, contact: michel@liftzr.com

5. User Accounts

5.1 Account Creation

Accounts are optional - the app works fully offline
Cloud sync requires account creation
You must provide accurate information
One account per user only
You are responsible for maintaining account security

5.2 Account Security

You are responsible for:

Keeping your password confidential
All activities under your account
Notifying us of unauthorized access
Ensuring your account information is current

6. User Content and Conduct

6.1 Your Content

You retain ownership of any workout data, notes, or other content you create using the App ("User Content"). By using our Services, you grant us a limited license to:

Process and store your data for service provision
Create backups for data protection
Sync data across your devices
Generate anonymous analytics (with no personal identifiers)

6.2 Prohibited Conduct

You agree not to:

Use the App for any unlawful purpose
Upload malicious code or viruses
Interfere with other users' access
Attempt to bypass security measures
Harvest or collect user information
Violate any applicable laws or regulations

7. Cloud Sync Service (Currently Free)

IMPORTANT CLOUD SERVICE DISCLAIMER:

The optional cloud synchronization service is CURRENTLY provided FREE OF CHARGE as a courtesy feature. By using this service, you understand and agree that:

FUTURE PRICING CHANGES: While currently free, we reserve the right to introduce paid tiers, subscription fees, or usage limits for cloud sync at any time. Existing users will receive 30 days notice before any pricing changes.
NO GUARANTEES: The cloud service is provided "AS IS" without any warranties or guarantees of availability, reliability, or data retention.
DATA LOSS RISK: WE ARE NOT LIABLE FOR ANY DATA LOSS, corruption, or inability to access your workout data due to service failures, outages, errors, or discontinuation.
BACKUP RESPONSIBILITY: You are solely responsible for maintaining local backups. The cloud service is a convenience feature, not a guaranteed backup solution.
SERVICE CHANGES: We may modify, suspend, discontinue, or begin charging for the cloud service at any time with reasonable notice.
NO COMPENSATION: As a currently free service, you are not entitled to any compensation for data loss, service interruptions, or changes to pricing model.
GRANDFATHERING NOT GUARANTEED: Current free users are not guaranteed free access if/when pricing is introduced. We may offer limited free tiers or require payment for continued use.
USE AT YOUR OWN RISK: By enabling cloud sync, you acknowledge these risks and agree to use the service at your own discretion.

YOUR PRIMARY DATA REMAINS ON YOUR DEVICE. Cloud sync is an optional convenience feature, not a primary storage method. The app works fully offline without cloud sync.

8. Purchases and Subscriptions

8.1 Purchase Options

IMPORTANT: Two Purchase Models Available

Liftzr offers two purchase options:

YEARLY SUBSCRIPTION ($39.99/year):

Annual Payment: Billed once per year. Best value - save 33% compared to monthly.
Updates Included: Receive all feature updates, bug fixes, and improvements as they are released.
Cancellation: Cancel anytime through the App Store. Access continues until the end of your current billing period.
Auto-Renewal: Subscription automatically renews unless cancelled at least 24 hours before the end of the current period.

MONTHLY SUBSCRIPTION ($4.99/month):

Recurring Payment: Automatically renews monthly until cancelled. Access to all features while subscription is active.
Cancellation: Cancel anytime through the App Store. Access continues until the end of your current billing period.
Auto-Renewal: Subscription automatically renews unless cancelled at least 24 hours before the end of the current period.
Version Updates: Access to current major version and all updates while subscription is active. Does NOT carry over if subscription lapses.

All purchases and subscriptions are:

Processed through the Apple App Store
Subject to Apple's terms and conditions
Non-transferable between platforms or accounts
Tied to your Apple ID
Charged to your Apple ID at confirmation of purchase

8.2 Free Trial

Both purchase options include a 14-day free trial period:

Trial Duration: 14 days from the date of download with full access to all features.
No Payment Required: No payment information or credit card required to start the trial.
After Trial: If you do not subscribe to yearly or monthly, the trial period ends after 14 days and the app will require a subscription to continue.
No Automatic Charges: You will not be charged unless you explicitly choose to subscribe to the yearly or monthly plan.

8.3 Refund Policy

All sales and subscriptions are final. Refunds are handled exclusively by Apple according to their policies. We do not have access to process refunds directly. To request a refund:

Visit Apple's Report a Problem page
Sign in with your Apple ID
Select the purchase or subscription and request a refund

8.4 Service Continuity and Limitations

We are committed to providing continuous updates and support for Liftzr. However, to protect the sustainability of our business, we reserve certain rights:

Business Viability: If continuing to provide free updates becomes economically unsustainable due to extraordinary circumstances (platform changes requiring complete app rewrites, changes in third-party API costs, regulatory changes, or business closure), we reserve the right to discontinue future updates.
Your Access Protected: Your purchased version will continue to function as-is. We will not remotely disable or restrict features you paid for.
Notice Period: Any discontinuation of updates will be communicated with at least 90 days advance notice, and we will explore all reasonable alternatives (such as open-sourcing, selling to another developer, or offering migration options) before taking such action.
Good Faith Commitment: This clause exists solely for extreme, unforeseen circumstances. Our goal is to support Liftzr indefinitely, and we will only invoke this if absolutely necessary for business survival.

8.5 Price Changes

We reserve the right to modify prices at any time. Price changes will not affect active subscriptions at their current billing rate. Subscription price changes will be communicated 30 days in advance and will apply to renewal periods after the notice.

9. Intellectual Property

9.1 Our Property - PROTECTED CONTENT

The App and ALL its contents are owned by us and protected by international copyright, trademark, and other intellectual property laws. This includes but is not limited to:

Exercise Database: Our curated collection of 120+ exercises, descriptions, and categorizations
Muscle Group Mappings: Proprietary associations between exercises and muscle groups
App Design: User interface, user experience, and visual design
Algorithms: PR detection, workout analysis, and statistical calculations
Source Code: All code, scripts, and technical implementation
Branding: Liftzr name, logo, and all associated marks

EXTRACTING, COPYING, OR REPRODUCING OUR EXERCISE DATABASE OR ANY SUBSTANTIAL PORTION OF APP CONTENT IS STRICTLY PROHIBITED AND WILL RESULT IN LEGAL ACTION.

The compilation and organization of exercises represents significant creative and intellectual work protected under database rights (EU Database Directive 96/9/EC).

9.2 Feedback

If you provide feedback, suggestions, or ideas about the App ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use such Feedback without restriction or compensation to you.

9.3 Third-Party Content

The App may contain third-party content or links. We are not responsible for such content and do not endorse any third-party products or services.

10. Health and Fitness Disclaimer - CRITICAL WARNING

EXTREME IMPORTANCE - READ CAREFULLY

THIS APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. USING THIS APP FOR EXERCISE TRACKING CAN RESULT IN SERIOUS INJURY OR DEATH.

COMPLETE ASSUMPTION OF ALL RISKS:

DEATH OR SERIOUS INJURY: Physical exercise, including weightlifting and strength training, carries inherent risks of DEATH, paralysis, heart attack, stroke, bone fractures, muscle tears, ligament damage, joint injuries, and other serious injuries. YOU VOLUNTARILY ASSUME ALL THESE RISKS.
NO LIABILITY WHATSOEVER: We are NOT LIABLE for ANY injury, disability, death, loss, damage, or economic loss resulting from your use of this app or engagement in physical exercise, regardless of cause, including our negligence.
MEDICAL CLEARANCE REQUIRED: You MUST obtain clearance from a licensed physician before using this app or engaging in any exercise program. If you have ANY health conditions including but not limited to: heart conditions, high blood pressure, diabetes, obesity, pregnancy, joint problems, previous injuries, or are over 35 years old, medical consultation is MANDATORY.
IMMEDIATE CESSATION REQUIRED: STOP IMMEDIATELY and seek emergency medical attention if you experience: chest pain, irregular heartbeat, dizziness, nausea, shortness of breath, lightheadedness, extreme fatigue, pain, or ANY unusual symptoms.
YOUR SOLE RESPONSIBILITY: You are 100% responsible for:
- Proper exercise form and technique
- Appropriate weight selection
- Knowing your physical limitations
- Adequate warm-up and cool-down
- Proper nutrition and hydration
- Rest and recovery
NO FITNESS ADVICE: This app is ONLY a tracking tool. We provide NO exercise instruction, NO training advice, NO form guidance, and NO fitness recommendations. Any exercise information is general and may be completely inappropriate for you.
EQUIPMENT DANGERS: Gym equipment, weights, and exercise apparatus can cause severe injury or death if used improperly. Equipment failure, dropping weights, or improper use can result in crushing injuries, amputations, or death.
NO GUARANTEE OF SAFETY: Even with proper form and precautions, exercise can result in injury. We make NO guarantees about the safety or appropriateness of any exercise or workout routine.
MINORS REQUIRE SUPERVISION: Users under 18 MUST have parental consent and direct adult supervision during all exercise activities.
RELEASE OF ALL CLAIMS: By using this app, you RELEASE AND DISCHARGE us from ALL liability, claims, demands, or causes of action for ANY injury, death, or damage, including those caused by negligence.

BY CONTINUING TO USE THIS APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS WARNING. YOU ACKNOWLEDGE THAT PHYSICAL EXERCISE CAN RESULT IN SERIOUS INJURY OR DEATH, AND YOU VOLUNTARILY ASSUME ALL RISKS.

IF YOU DO NOT AGREE TO ASSUME ALL RISKS, DO NOT USE THIS APP.

11. Artificial Intelligence (AI) Features Disclaimer

AI-GENERATED CONTENT WARNING

The App includes OPTIONAL AI-powered features that provide weekly insights, workout analysis, and training recommendations. THESE AI FEATURES ARE EXPERIMENTAL AND NOT A SUBSTITUTE FOR PROFESSIONAL FITNESS ADVICE.

USER-PROVIDED API KEYS - YOUR COST, YOUR RESPONSIBILITY:

YOU PROVIDE YOUR OWN API KEY: AI features require YOU to provide your own API key (currently OpenAI, potentially other providers in future). We NEVER provide API keys or AI processing on our servers.
WE NEVER STORE YOUR API KEYS: Your API keys are stored ONLY on your device, encrypted locally. We have NO access to your API keys, cannot see them, cannot use them, and do not store them on any server.
ALL AI COSTS ARE YOURS: You are 100% responsible for ALL costs incurred through your API key usage. We have NO control over AI pricing, usage, or billing. Check your provider's pricing before use.
API KEY SECURITY IS YOUR RESPONSIBILITY: You are solely responsible for:
- Keeping your API keys secure and confidential
- Monitoring your API usage and costs
- Setting appropriate usage limits with your AI provider
- Any unauthorized use of your API keys
- Revoking compromised keys immediately
NO LIABILITY FOR API COSTS: We are NOT liable for:
- Any charges incurred through your API key usage
- Unexpected or excessive API costs
- API rate limits or service interruptions
- Changes in AI provider pricing or terms
- Loss or theft of your API keys
FUTURE PROVIDERS: We may support additional AI providers (Anthropic, Google, etc.) in future. The same disclaimers apply - you provide keys, you pay costs, we have no liability.
OPTIONAL FEATURE: AI features are completely OPTIONAL. The app functions fully without AI. You choose whether to provide an API key and enable AI features.

CRITICAL AI DISCLAIMERS:

AI ERRORS AND HALLUCINATIONS: AI systems can and will make mistakes, generate incorrect information, produce "hallucinations" (completely fabricated content), and provide inappropriate or potentially dangerous recommendations. NEVER rely solely on AI-generated content for training decisions.
NOT PROFESSIONAL ADVICE: AI-generated insights, recommendations, and analysis are NOT:
- Professional fitness coaching or personal training advice
- Medical or health advice
- Nutritional guidance
- Rehabilitation or injury recovery programs
- Personalized training prescriptions
NO GUARANTEE OF ACCURACY: We make NO representations about the accuracy, reliability, completeness, or timeliness of ANY AI-generated content. AI insights may be:
- Completely incorrect or misleading
- Based on flawed pattern recognition
- Inappropriate for your fitness level or goals
- Dangerous if followed without verification
USER VERIFICATION REQUIRED: You MUST:
- Independently verify ALL AI-generated recommendations
- Consult qualified fitness professionals before implementing AI suggestions
- Use common sense and personal judgment
- Immediately disregard any AI recommendation that seems unsafe or inappropriate
AI LIMITATIONS: The AI cannot:
- See or assess your physical form during exercises
- Know your complete medical history or limitations
- Detect signs of overtraining or injury
- Understand your individual recovery needs
- Replace human expertise and supervision
DATA ANALYSIS ERRORS: AI analysis of your workout data may:
- Misinterpret patterns or trends
- Suggest inappropriate progression rates
- Fail to recognize important warning signs
- Generate statistically meaningless insights
NO LIABILITY FOR AI CONTENT: We are NOT LIABLE for ANY consequences resulting from:
- Following AI-generated recommendations
- Injuries resulting from AI-suggested workouts or progressions
- Misinterpretation of AI insights
- Over-reliance on AI features instead of professional guidance
- Any errors, omissions, or inaccuracies in AI content
EXPERIMENTAL TECHNOLOGY: AI features are:
- Experimental and constantly evolving
- Subject to unexpected behavior changes
- May be modified or removed without notice
- Not guaranteed to improve or remain consistent

BY USING AI FEATURES, YOU ACKNOWLEDGE THAT:

AI-generated content is for INFORMATIONAL PURPOSES ONLY
You will NOT rely solely on AI for training decisions
You ACCEPT ALL RISKS associated with AI errors
You WILL verify all recommendations with qualified professionals
Michel Fernando Rodrigues Flores is NOT responsible for AI-generated content

AI IS A TOOL, NOT A COACH. USE AT YOUR OWN RISK.

12. Disclaimers and Limitations of Liability

12.1 "As Is" Disclaimer

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that:

The App will be uninterrupted or error-free
Defects will be corrected
The App is free of viruses or harmful components
The App will meet your requirements or expectations
Any data stored in the App will be secure or not lost

12.2 ABSOLUTE Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR:

ANY PHYSICAL INJURY, DISABILITY, OR DEATH - regardless of cause
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOST PROFITS, LOST DATA, LOST OPPORTUNITIES
BUSINESS INTERRUPTION OR ECONOMIC LOSSES
MEDICAL EXPENSES OR HEALTHCARE COSTS
LEGAL FEES OR LITIGATION COSTS
ANY DAMAGES EXCEEDING €10 EUR

OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED €10 EUR.

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, etc.) and even if we have been advised of the possibility of such damages.

13. Complete Indemnification

FULL INDEMNIFICATION AND DEFENSE:

You agree to FULLY indemnify, defend, and hold harmless Michel Fernando Rodrigues Flores (autónomo), and any affiliates, from and against ALL claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorney's fees and legal costs) arising from:

ANY PHYSICAL INJURY OR DEATH - occurring during or after exercise, regardless of cause
ANY MEDICAL COSTS - including emergency treatment, hospitalization, rehabilitation
Your use or misuse of the App - including any violations of these Terms
Your User Content - including any claims it infringes third-party rights
Your violation of any laws - including local gym rules or regulations
Your negligence or willful misconduct - including improper exercise form
Third-party claims - arising from your actions or use of the App
Equipment damage - at gyms or facilities where you use the App
Claims by other users - if you share or misuse the App

YOU WILL DEFEND US AT YOUR EXPENSE WITH COUNSEL OF OUR CHOICE.

14. Privacy and Data Protection

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our collection, use, and sharing of information as described in the Privacy Policy.

Key privacy points:

We collect minimal personal data (email for cloud sync)
Your workout data stays on your device unless you enable cloud sync
We use anonymous analytics to improve the app
We never sell your personal information
We comply with GDPR, CCPA, and other privacy laws

15. Modifications to Terms and Service

ABSOLUTE RIGHT TO MODIFY:

We reserve the ABSOLUTE RIGHT to modify, update, or replace these Terms at ANY TIME for ANY REASON, at our sole discretion, to the maximum extent permitted by law. This includes but is not limited to:

Immediate Changes: We may implement changes immediately without prior notice for security, legal compliance, or operational reasons
Feature Modifications: Add, modify, or remove any features or functionality
Pricing Changes: Introduce fees for currently free features (like cloud sync)
Access Restrictions: Change eligibility requirements or usage limits
License Modifications: Alter the scope of your license or usage rights
Service Terms: Modify any aspect of how the Service operates

15.1 Notification and Acceptance

While we aim to notify users of material changes, we are NOT obligated to do so. When we choose to provide notice:

We will update the "Last Updated" date at the top of these Terms
We MAY (but are not required to) notify via app update notes, email, or in-app notifications
YOUR CONTINUED USE OF THE APP AFTER ANY CHANGES CONSTITUTES IRREVOCABLE ACCEPTANCE
It is YOUR responsibility to review Terms periodically
If you disagree with ANY changes, your ONLY recourse is to immediately stop using the App

15.2 No Grandfathering Obligation

We are NOT obligated to maintain previous terms for existing users. All users are subject to the most current version of these Terms. We reserve the right to require acceptance of new Terms to continue using the App.

16. Service Discontinuation and Developer Rights

CRITICAL: INDIE DEVELOPER PROTECTIONS

AS A SOLO INDEPENDENT DEVELOPER, I RESERVE MAXIMUM RIGHTS TO DISCONTINUE, ABANDON, OR MODIFY THE SERVICE AT ANY TIME.

16.1 Absolute Right to Cease Development or Discontinue

We reserve the ABSOLUTE AND UNCONDITIONAL RIGHT to cease development, discontinue the App, or abandon the project at ANY TIME, for ANY REASON OR NO REASON WHATSOEVER, with or without notice, including but not limited to:

Personal Discretion: Simply deciding we no longer want to develop or maintain the App
Loss of Interest: No longer finding the project interesting or fulfilling
Economic Reasons: Insufficient revenue, unprofitability, or better opportunities elsewhere
Personal Life: Family, health, relocation, or any personal life changes
Career Shift: Changing careers, getting employed, or pursuing other ventures
Technical Burnout: Tired of dealing with platform changes, bugs, or technical debt
Market Conditions: Competition, market saturation, or changing user needs
Legal/Regulatory: Any legal, tax, or regulatory complications
Time Constraints: Lack of time or desire to allocate time to the project
NO REASON AT ALL: We may stop "just because" with NO justification required

WE OWE YOU NOTHING. NO EXPLANATIONS, NO COMPENSATION, NO REFUNDS, NO OBLIGATIONS.

This right is ABSOLUTE and IRREVOCABLE. By using the App, you acknowledge that development may cease at any moment for any reason or no reason at all.

16.2 Abandonment and "As-Is" Continuation

If I choose to stop actively developing or maintaining the App:

No Update Obligation: I have NO obligation to provide updates, bug fixes, or new features
As-Is State: The App may continue functioning in its last released state indefinitely
No Support: I may cease responding to support requests or emails
Degraded Functionality: Features may break over time due to OS updates or API changes
No Liability: I am NOT liable for any issues arising from lack of maintenance
Server Shutdown: Cloud sync and server features may be terminated without notice
Your Version Continues: Your downloaded app continues working locally until OS incompatibility

16.3 No Obligation Period

Unlike corporate software, as an indie developer:

I have NO obligation to maintain the App for any minimum period
I have NO obligation to provide notice before discontinuation (though I'll try to)
I have NO obligation to transfer the service to another provider
I have NO obligation to open-source the code upon discontinuation
I have NO obligation to provide data export tools (though basic export exists)
I have NO obligation to maintain compatibility with future OS versions

16.4 Maximum Rights Reservation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE RESERVE ALL RIGHTS INCLUDING:

Immediate Termination: Terminate any user or all services instantly without cause
Feature Removal: Remove any feature without notice or compensation
Data Deletion: Delete cloud data after 30 days of inactivity
Platform Restrictions: Limit or remove App from certain platforms/countries
Usage Limits: Impose usage limits or quotas at any time
Monetization Changes: Change pricing model from one-time to subscription or vice versa
Transfer Rights: Sell or transfer the App to another party
Compete: Create competing apps or services
Pivot: Completely change the App's purpose or functionality

Note: These rights are reserved to protect a solo developer's flexibility and sustainability. EU consumer protection laws may limit some of these rights for EU residents.

16.5 User Acknowledgment

BY USING THIS APP, YOU ACKNOWLEDGE AND ACCEPT:

This is an INDIE APP by a SOLO DEVELOPER, not a corporate product
The App may be discontinued, abandoned, or drastically changed at any time
You are purchasing/using the App "AS IS" with no guarantees of longevity
Cloud services are a courtesy that may disappear without warning
Your only guaranteed asset is the currently downloaded version on your device
You should maintain your own backups and not rely solely on cloud sync
Future OS updates may break the App with no obligation to fix

IF YOU NEED GUARANTEED LONG-TERM SUPPORT, SEEK CORPORATE SOFTWARE ALTERNATIVES.

16.6 Business Structure Changes and Successor Rights

ENTITY STRUCTURE FLEXIBILITY:

While currently operated by Michel Fernando Rodrigues Flores as an individual autónomo (self-employed), the business structure may change at any time. We reserve the right to:

Form a Company: Convert to a Sociedad Limitada (S.L.), Sociedad Anónima (S.A.), or any other business entity in Spain or elsewhere
Transfer Operations: Transfer the App and all associated rights to a company we create or control
Sell or Assign: Sell, assign, or transfer the App to third parties, including competitors
Merge or Acquire: Merge with or be acquired by other entities
Joint Ventures: Enter into partnerships or joint ventures
Licensing: License the App to third parties for operation

AUTOMATIC TRANSFER OF RIGHTS AND PROTECTIONS:

Upon any business structure change:

ALL rights, protections, limitations, and disclaimers in these Terms AUTOMATICALLY transfer to the successor entity
The successor entity receives ALL benefits of these Terms including liability limitations and indemnification
Your agreement to these Terms constitutes agreement to any future successor's Terms
No additional consent from you is required for such transfers
The "indie developer" protections continue to apply regardless of entity size
References to "we," "us," or "our" automatically include any successor entity

Note: Even if we become a large corporation, the protections and rights reserved in these Terms remain in full force. Your purchase is from whoever owns the App at any given time.

17. Termination

17.1 Your Right to Terminate

You may stop using the App at any time. To fully terminate:

Delete the App from your device
Request account deletion via email if you have cloud sync
Your purchased version remains available for re-download

17.2 Our Right to Terminate

We may suspend or terminate your access immediately, without prior notice, if:

You violate these Terms
You use the App for commercial purposes without license
You attempt to hack, reverse engineer, or abuse the App
Required by law or court order

17.3 Effect of Termination

Upon termination:

Your license to use the App ends immediately
You must delete all copies of the App
Cloud data may be deleted after 30 days
Provisions that should survive termination will remain in effect

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of Spain and the European Union, without regard to conflict of law principles. As a Spanish autónomo, we comply with Spanish consumer protection laws and EU regulations.

18.2 Dispute Resolution

Any disputes shall be resolved through the following process:

Informal Resolution: Contact us at michel@liftzr.com to resolve disputes informally
Mediation: If informal resolution fails, parties agree to attempt mediation
Jurisdiction: Legal proceedings shall be in Málaga, Spain courts
EU Consumers: EU consumers may use the EU Online Dispute Resolution platform

Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class actions.

19. Apple-Specific Terms

If you access the App through an Apple device, the following additional terms apply:

Acknowledgment:

These Terms are between you and Michel Fernando Rodrigues Flores only, not Apple. Apple has no responsibility for the App or its content.

Scope of License:

The license is limited to non-transferable use on Apple devices you own or control, as permitted by Apple's usage rules.

Maintenance and Support:

We are solely responsible for App support. Apple has no support obligations.

Warranty:

We disclaim all warranties. If the App fails to conform to any applicable warranty, you may notify Apple for a refund. Apple has no other warranty obligations.

Product Claims:

We are responsible for addressing any claims relating to the App, including product liability, legal compliance, and consumer protection claims.

Intellectual Property:

We are responsible for defending any third-party intellectual property infringement claims.

Third-Party Beneficiary:

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them directly.

20. General Provisions

20.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the App.

20.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force.

20.3 Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

20.4 Assignment

You may not assign or transfer these Terms. We may assign our rights to any successor or acquirer.

20.5 Force Majeure - Extended Protection

We are NOT liable for any delay, failure to perform, or service interruption due to causes beyond our reasonable control, including but not limited to:

Natural disasters, acts of God, earthquakes, floods, fires
Wars, terrorism, civil unrest, government actions
Pandemics, epidemics, health emergencies
Internet outages, cyberattacks, infrastructure failures
Third-party service failures (Apple, AWS, Supabase)
Power outages, equipment failures
Labor disputes, strikes
Changes in law or regulations
Any other circumstances beyond our reasonable control

21. Additional Critical Protections

ADDITIONAL DISCLAIMERS AND LIMITATIONS:

Anti-Scraping and Reverse Engineering:

Automated data extraction, web scraping, or harvesting is PROHIBITED
Creating derivative works or competing apps using our data is ILLEGAL
Reverse engineering our algorithms or database structure violates copyright
Violations will result in immediate termination and legal action

Supplement and Nutrition Disclaimer:

We provide NO advice on supplements, nutrition, or diet
Any mentions of supplements are for tracking purposes only
Consult healthcare providers before taking any supplements
We are NOT liable for adverse reactions to supplements

Third-Party Gym Liability:

We have NO affiliation with any gym or fitness facility
Gym rules and regulations supersede our Terms
We are NOT liable for gym accidents or equipment failures
You must comply with all facility rules where you train

Accessibility:

While we strive for accessibility, the App may not be fully accessible to all users with disabilities. We are not liable for any inability to access or use the App.

22. Contact Information

For questions about these Terms, please contact:

Current Operator: Michel Fernando Rodrigues Flores

Current Status: Autónomo (Self-Employed Individual)

Email: michel@liftzr.com

Address: Calle Maestro Chapí 3, 29002 Málaga, Spain

Note: Contact information may change if business structure changes. This information represents the current operator and may be updated to reflect any successor entity, company formation, or business transfer. Always check the latest version of these Terms for current contact information.

Response time: We aim to respond within 5-7 business days, but no response is guaranteed, especially if development has been abandoned or discontinued as per Section 16.