Terms of Use

Please read the following terms and conditions carefully before you use services from Codabrasoft LLC. Your use of the products by Codabrasoft LLC will be subject to these terms and by using the products of Codabrasoft LLC you agree to be bound by them.

1. Introduction

Codabrasoft LLC ("Codabrasoft", "We", "Us", "Our") develops mobile applications ("Our Products"). Our Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group ("Apple"). Our Android Applications may be downloaded from Google Play, which is owned and operated by Google Inc. and other companies within its group ("Google"). Our goal is to help people lead a healthy lifestyle through sports. Our Products offer fitness-related content, features, functionality, and other information and services, including but not limited to viral, embeddable, or application/device-based features and related technology, also when accessed via the Internet, mobile, or other devices (collectively, "Our Services"). We develop Our Products for informational purposes only. You must ALWAYS consult your physician or doctor before starting any fitness program. By agreeing to these Terms and Conditions, you confirm that you are solely responsible for your state of health.

2. Acceptance of Terms and Conditions

By using Our Products and Services, you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Our Products and Services. Codabrasoft LLC reserves the right to amend these Terms and Conditions at any time without prior notice. The most up-to-date version of these Terms and Conditions will be available on the official website of Codabrasoft LLC, and any changes will come into effect immediately upon posting. By continuing to use Our Products and Services, you agree to the amended Terms and Conditions.

3. Intellectual Property

The texts, graphics, designs, logos, button icons, images, data compilations, and information ("Content") contained in Our Products and Services are the intellectual property of Codabrasoft LLC (or belong to it) and are protected by copyright laws. All logos and trademarks displayed in Our Products and Services are registered trademarks or trademarks of Codabrasoft LLC. No trademarks may be used without prior written consent from Codabrasoft LLC, except to identify the products or services associated therewith. Our Products, all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Codabrasoft LLC or its licensors.

4. Legality of Use

By using Our Products, you hereby warrant that: (i) all information contained in any submission by you is either owned by you or you have obtained the necessary rights to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim, or damage arising from your use of Our Products, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Our Products, you attest and verify that you are physically and mentally capable of using Our Products, and knowingly accept and are fully aware of all risks associated with their use.

5. Membership subscription

Our apps offer Premium Membership subscriptions that grant you additional features, such as access to personalized training plans focused on your problem areas, music, and more.

Subscriptions with a Trial Period: Some of our subscriptions include a free trial period, allowing you to experience the premium features of our apps at no cost. We offer weekly, monthly, and annual subscription options. Payment will be charged to your iTunes account upon confirmation of purchase. Paid subscriptions automatically renew until canceled in the Manage Subscriptions section of your account settings. We will notify you if the price of a paid subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours before the start of the latest paid subscription period.

Certain paid subscriptions may offer a free trial before charging your payment method. If you wish to unsubscribe from a paid subscription before we start charging your payment method, cancel the subscription before the free trial ends.

6. Representations and Warranties, Limitation of Liability

Codabrasoft makes no representations or warranties regarding the following: (a) The credentials of anyone using our services and/or products as part of any health care or medical plan of care or treatment plan ("POC"). (b) The suitability of the exercises included in any such POC. (c) The viability, medical soundness, or efficacy of any such POC. (d) The overall health or medical benefits you might derive from using our services and products or a POC incorporating our services and products. The use of any software or hardware offered by Codabrasoft is not a substitute for consultation with a specialized doctor. Our services and products are provided "as is" without any warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Codabrasoft makes no representation or warranty that the information contained in our services and/or products will be current, timely, complete, accurate, or error-free. To the extent that the law does not permit the disclaimer of warranties, all content accessible in our services and products, or any other website linked to our services and products, is warranted only to the minimum amount legally required. In no event shall Codabrasoft be liable to any party for any direct, indirect, special, or other consequential damages from any use of our services and products or any linked website, including, without limitation, any lost profits, business interruptions, or otherwise. Codabrasoft shall be liable as currently provided by law, regardless of the statutory basis of such liability (pre-contractual, contractual, tort), only if Codabrasoft has caused damage willfully or with gross negligence. In the event of slight negligence, Codabrasoft shall not be liable to other businesses and shall be liable to consumers only for personal damages. Codabrasoft shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.

7. Privacy Policy

By using our products, you agree to the terms of the Privacy Policy, which can be found at https://codabrasoft.com/Privacy. Please note that if you refuse to accept or comply with the Privacy Policy, we may refuse or limit your access to our products.

If you have an active membership subscription and you do not accept any new Privacy Policy that we release in the future (which does not diminish your existing rights), we may refuse or limit your access to our products without compensating any fees already paid for your membership subscription. However, you can continue using our products once you accept the updated Privacy Policy. Your account will be put on hold, and no further automatic renewals of your subscription will be processed.

Active acceptance of changes to the Privacy Policy is required only if we make material changes due to legal requirements or compliance procedures. These changes might include amendments to the types of personal data we collect, your rights, or changes in data processing purposes. For any technical or non-material changes, your continued use of our products will be considered as your valid consent to the updated Privacy Policy.

8. Maintenance

Codabrasoft is not liable for any outages or service interruptions that may occur while using our products, including those caused by software or hardware failures, power outages, or issues at the wireless carrier level. Additionally, Codabrasoft is not responsible for the performance or reliability of third-party products and services, including users' mobile handsets or wireless data networks.

Codabrasoft also reserves the right, at its sole discretion, to add or remove support for certain operating systems based on commercial factors, such as usage rates, adoption, and the overall appeal of the operating system.

9. Content Created by Users and Rights to such Content

By using Our Products, the user consents to the automatic evaluation of their usage behavior, which may result in exposure to tailored offers and marketing messages. The user also agrees that marketing measures may be applied to content created and shared by them, which may be marketed by Codabrasoft.

The user grants Codabrasoft an irrevocable, free, non-exclusive, and unlimited right to use all content generated, transmitted, saved, or published by the user. This includes the right to modify and edit the content, unless such changes negatively impact the user’s material interests. The user waives, to the extent permitted by law, all intellectual property rights related to the content. Codabrasoft does not claim ownership of user-generated content and does not monitor or supervise such content.

10. Territory

The term "Territory" refers to the United States and its territories and possessions, North America, the United Kingdom, and Australia. Any additional territories may be added subject to mutual approval between the parties involved.

11. Governing Law

These Terms and Conditions, as well as any non-contractual obligations arising from them and any litigation between users and Codabrasoft, will be governed solely by US law. Any disputes related to these Terms and Conditions, including those concerning non-contractual obligations, shall fall under the jurisdiction of the state and federal courts in Massachusetts, which will have non-exclusive jurisdiction to resolve such matters.

12. Use by minors

Our Products are not intended for children under the age of 16. If you become aware of anyone under 16 using our Products, please contact us at [email protected], and we will take the necessary steps to delete or terminate their account.