GymBud Pro™ Terms and Conditions
Last Updated: 19 October, 2024

1. Acceptance of Terms
   By downloading, installing, or using the App, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you may not use the App.

2. Description of the App
   GymBud Pro™ is a fitness tracker that allows users to log their fitness progress, plan workouts, and, if they have an Apple Watch, automatically detect workouts. The App integrates with Apple HealthKit for storing health data locally on your device. Users can sign in via Facebook Login, Google Login, or Apple Sign-In for authentication. Targeted ads may be provided through Google AdMob, which will respect the device's ad tracking settings.

3. User Obligations
   Users must follow their own doctor's advice when using the App. Users are responsible for their own health and safety while using the App. Users agree not to misuse the App or violate any laws in their use of the App.

4. Health and Safety Disclaimer
   The App is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. GymBud Pro™ is not liable for any injuries or damages that may occur while using the App.

5. Integration with Third-Party Services
   The App allows users to sign in using Facebook Login, Google Login, and Apple Sign-In. By using these services, you agree to their respective terms and conditions and privacy policies. The App uses Apple HealthKit to store all health-related data locally on the user’s device and does not share or store this data externally.

6. Privacy
   The App collects and uses personal data in accordance with our Privacy Policy. By using the App, you consent to the collection and use of your data as outlined in the Privacy Policy. You have the option to opt out of Firebase Analytics during onboarding, and Google AdMob will respect your decision for ad tracking. Please note, however, that some system-level data (e.g., crash reports) may still be collected by Apple.

7. No In-App Purchases
   The App does not offer any in-app purchases or subscription services.

8. Termination
   GymBud Pro™ reserves the right to terminate or suspend your access to the App at any time, without notice, for conduct that GymBud Pro™ believes violates these Terms or is harmful to other users of the App, GymBud Pro™, or third parties, or for any other reason.

9. Intellectual Property Rights
   The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by GymBud Pro™, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10. User-Generated Content
    Users may have the ability to create, upload, or share content through the App. By doing so, you grant GymBud Pro™ a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, display, reproduce, modify, and distribute your content in connection with the operation of the App.

11. Advertisements
    The App may display advertisements through Google AdMob. GymBud Pro™ is not responsible for the content of these advertisements or the products or services they promote. Users’ interactions with advertisers found on or through the App are solely between the user and the advertiser. You can manage your ad preferences through your device’s privacy settings.

12. Limitation of Liability
    GymBud Pro™ and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) unauthorized access, use, or alteration of your transmissions or content; or (iv) any other matter relating to the App.

13. Disclaimer of Warranties
    The App is provided on an 'as is' and 'as available' basis without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. GymBud Pro™ does not warrant that the App will be uninterrupted or error-free, nor do we make any warranty as to the accuracy, completeness, or reliability of any content available through the App.

14. Third-Party Services and Links Disclaimer
    The App may contain links to third-party websites, products, or services, including but not limited to Facebook, Google, and Apple. You acknowledge that these services are not under the control of GymBud Pro™, and we are not responsible for their availability, accuracy, or content. Your use of these third-party services is at your own risk, and GymBud Pro™ disclaims any liability arising from your use of them.

15. Modification of App and Services
    GymBud Pro™ reserves the right to modify, suspend, or discontinue, temporarily or permanently, the App or any services/features provided by the App, with or without notice and without liability to you. We may also impose limits on certain features or restrict your access to parts or all of the App without notice or liability.

16. User Account and Security
    You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. GymBud Pro™ is not liable for any loss or damage arising from your failure to secure your account, including unauthorized access to your device or app.

17. Severability
    If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.

18. Entire Agreement
    These Terms constitute the entire agreement between you and GymBud Pro™ regarding the use of the App and supersede any prior agreements between you and GymBud Pro™ relating to your use of the App.

19. Changes to the Terms
    GymBud Pro™ reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the App. Your continued use of the App after the changes have been posted will constitute your acceptance of the new Terms.

20. Governing Law and Dispute Resolution
    These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. Any disputes, claims, or controversies between you and GymBud Pro™ will be resolved by binding arbitration, and you waive your right to participate in any class action lawsuit or class-wide arbitration.

21. Right to Object
    You have the right to object to the processing of your personal data, including:

• Direct Marketing: You can object to the use of your data for direct marketing purposes, including targeted ads. You may opt out of personalized ads by adjusting your privacy settings on your device.

• Analytics and Profiling: You may object to the use of anonymized analytics data for profiling and app performance improvement. To opt out, you can disable Firebase Analytics during onboarding or in the app’s settings.

• Other Data Processing: If you believe your personal data is being used unnecessarily, you have the right to request a review and halt the processing unless there are compelling legal grounds. To exercise this right, please visit the Contact Us page on our website.

1. Contact Information
   If you have any questions or concerns about these Terms, please visit the Contact Us page on our website.

Beta Testing Program Terms and Conditions
The following applies to people participating in the beta testing program. By participating in the beta testing program for GymBud Pro™ (the "App"), you acknowledge and agree to the following terms:

1. Data Monitoring and Usage: As a beta tester, your usage of the App will be monitored, and data will be collected to improve the App’s performance, functionality, and user experience. This data includes, but is not limited to, usage statistics, crash reports, and feedback. Participation constitutes consent to the collection and use of this data.

2. Ownership and Intellectual Property: All rights, title, and interest in and to the App, including any intellectual property, remain exclusively with GymBud Pro™. Participation in the beta testing program does not entitle you to ownership, intellectual property rights, or compensation.

3. No Compensation: Participation in the beta testing program is voluntary and without expectation of monetary compensation or rewards.

4. Confidentiality: All information regarding the App, including features, functionality, and performance, is confidential. Participants must not disclose any information to third parties without written consent from GymBud Pro™.

5. Termination: GymBud Pro™ reserves the right to terminate your participation in the beta testing program at any time, without notice.

By using GymBud Pro™, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.