Terms of Use

These Terms of Use (the "Terms") are an agreement between you and Samuel Smith, an independent developer based in Utah, United States, operating under the name Smith Peaks Creations ("we", "us", or "our"). They govern your use of 365 Strong (the "App"). Please read them carefully.

1. Agreement

By downloading, installing, or using the App, you agree to these Terms. If you do not agree to them, do not use the App, and delete it from your device.

The App is distributed through the Apple App Store, and your use of it is also governed by the Apple Media Services Terms and Conditions, including the Usage Rules and the Licensed Application End User Licence Agreement set out there. These Terms supplement Apple’s terms rather than replacing them. Where these Terms would give you fewer rights than Apple’s terms do, Apple’s terms govern.

You must be at least 13 years old to use the App. If you are in the European Economic Area or the United Kingdom, you must be at least 16, or have permission from a parent or guardian.

2. What the App Does

365 Strong records the number of push-ups you say you did. It keeps a running lifetime total, a daily streak, a personal record, a calendar of your history, and a trophy case of medals earned from those numbers. It can remind you with a daily local notification. Depending on the version you have installed, it may also offer a Home Screen or Lock Screen widget that shows your progress and lets you log a set without opening the App.

All of your data is stored on your device. The App has no servers, no account, and no analytics, and nothing you log is transmitted anywhere. Our Privacy Policy sets this out in full.

3. It Is Not Health or Medical Advice

365 Strong is a counter, not a coach, and not a medical device. It does not assess your fitness, prescribe a workout, adjust anything to your ability, or know anything about your health. It records a number you typed and adds it up.

• Talk to a doctor first. Consult a physician or other qualified health professional before starting this or any exercise programme, particularly if you are pregnant, are over 45, are new to exercise, or have any injury, heart condition, blood-pressure condition, joint problem, or other medical condition.
• Stop if it hurts. Stop exercising immediately and seek medical attention if you feel pain, dizziness, faintness, chest discomfort, or shortness of breath.
• The streak is not a medical instruction. Streaks, shields, reminders, and medals are motivational features. They are not advice that you should exercise on any given day, and they are not a reason to train through injury or illness. Missing a day to recover is the right call, and no feature of this App should be read as saying otherwise.
• You exercise at your own risk. You are solely responsible for how you train and for deciding what is safe for you.

Nothing in the App is a diagnosis, a treatment, or a substitute for professional medical advice. Never disregard or delay seeking medical advice because of something the App displayed.

4. Licence

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the App on Apple-branded devices that you own or control, for your own personal and non-commercial use, in accordance with the Usage Rules in the Apple Media Services Terms and Conditions.

The App is licensed to you, not sold. We and our licensors retain all right, title, and interest in the App, including its name, design, icon, medal artwork, source code, and content.

5. Your Data Is Your Responsibility

The history you record is yours. You keep all rights to it, and we claim no ownership of it and no licence over it.

Because your data is stored on your device and not on our servers:

• We cannot recover your data if you delete the App, lose your device, or reset the App’s data.
• We have no copy of it. We cannot restore a lost year for you, and we cannot restore a streak, a medal, or a total.
• Your history is included in an encrypted iPhone backup. If you back your device up to iCloud or to a computer, your 365 Strong data is part of that backup and comes back when you restore to a new device. If you have backups turned off, it is not stored anywhere else.

6. The App Is Free

365 Strong costs nothing. There are no in-app purchases, no subscription, no advertising, and no paid tier. We do not sell your data, because we do not have it.

If that ever changes, we will not put behind a paywall anything the App already does for free. History you have already recorded stays fully readable and editable regardless.

7. Acceptable Use

Please do not:

• Reverse-engineer, decompile, or attempt to extract the source code of the App, except to the extent that applicable law expressly permits it
• Copy, redistribute, sell, rent, lease, sublicense, or lend the App
• Use the App for any unlawful purpose, or to infringe anyone else’s rights
• Remove or alter any copyright, trade mark, or other proprietary notice in the App

8. Accuracy of What It Shows

The App records the numbers you enter and calculates totals, streaks, records, and medals from them. We do not guarantee that any of it is accurate, since it depends entirely on what you record and on your device’s clock, calendar, and time zone.

The App holds no official record of anything and is not affiliated with, endorsed by, or connected to any fitness organisation, certification body, or sporting body. Do not rely on it as the sole record for anything consequential.

9. Availability and Changes to the App

We may change, update, suspend, or discontinue the App, or any of its features, at any time. We may stop supporting older versions of iOS. We are under no obligation to release updates, fix any particular problem, or keep the App available on the App Store.

10. Disclaimer of Warranties

The App is provided "as is" and "as available", without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, free of data loss, or free of harmful components, or that it will meet your requirements. We do not warrant that a reminder or notification will be delivered at any particular time, or at all.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Nothing here removes rights you have under mandatory consumer protection law, including the right to a remedy where a product is faulty or not as described.

11. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, loss of profits, or loss of goodwill, arising out of or relating to your use of the App, whether based in contract, tort, negligence, strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages. This includes, to the fullest extent permitted by law, any injury arising from exercise you chose to do.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the App will not exceed twenty United States dollars (US$20).

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the law that applies to you.

12. Children

The App collects no personal information from anyone, including children — see the Children’s Privacy section of our Privacy Policy. A parent or guardian should decide whether a strength-training habit is appropriate for a child, and should read section 3 before that child uses the App.

13. Termination

These Terms apply for as long as you use the App. You may end them at any time by deleting the App from your device.

We may terminate these Terms and your licence if you materially breach them. On termination, you must stop using the App and delete it. Sections 3, 5, 8, 10, 11, and 15 survive termination.

14. Terms Required by Apple

Apple requires the following acknowledgements:

1. These Terms are between you and us only. They are not with Apple, and Apple is not responsible for the App or its content.
2. Scope of licence. Your licence is non-transferable and limited to use of the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation to provide any maintenance or support services for it.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our sole responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual property claims. If a third party claims that the App or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of that claim.
7. Legal compliance. You represent and warrant that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints, and claims about the App should be directed to Samuel Smith, operating as Smith Peaks Creations, Utah, United States, at smithpeakscreations+365strongsupport@gmail.com.
9. Third-party terms. You must comply with any applicable third-party terms of agreement when using the App.
10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of them, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Utah for any dispute arising out of these Terms.

If you are a consumer, this does not take away your local protections. Where the mandatory consumer law of the country you live in gives you rights or a forum that this section would deny you, that law governs instead, and you may bring proceedings in the courts of your own country.

We would much rather sort a problem out directly than through a court. Please email us first — most things are fixable in a message or two.

16. Changes to These Terms

We may update these Terms from time to time — for example, when the App gains a feature these Terms do not yet cover. When we do, we will post the revised Terms on this page and update the "Last updated" date above. Material changes will be noted in the App’s release notes.

Changes take effect when posted. Continuing to use the App after that means you accept the revised Terms. If you do not accept them, delete the App.

17. General

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App, and replace any earlier understanding about it.

Severability. If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the rest will remain in full force.

No waiver. If we do not enforce a provision of these Terms, that is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms. We may assign them, for example if the App is sold or transferred to another developer, and we will note any such transfer on this page.

18. Contact

If you have any questions about these Terms, you can contact us:

• By email: smithpeakscreations+365strongsupport@gmail.com

You can also reach us from inside the App: Profile → About → Email Support.