Terms of Use

Agreement

By using Fitally you agree to these terms. If you do not agree with them, please delete the app. These terms apply alongside the Privacy Policy, which describes exactly what Fitally does with your information — in short, keeps it on your iPhone and sends it nowhere.

What Fitally Is, and Is Not

Fitally counts steps and shows you information about your own movement. It is a fitness and self-awareness tool. It is not a medical device, and it does not diagnose, treat, prevent, or monitor any disease or condition. It offers no medical, diet, nutritional, or training advice, and nothing it displays should be read as such.

It is not a substitute for professional care. If you have a health condition, are pregnant, are recovering from an injury, or are following a clinical plan, talk to a qualified professional before changing how much you move.

Accuracy of the Numbers

Step counts depend on this iPhone's motion sensors and on how you carry it. They can miss steps, count extra ones, or reset unexpectedly. Pedometer readings are an estimate by their nature.

Distance, flights, and active energy come from Apple Health when you have granted access and the data is available. When it is not, Fitally uses a walking estimate derived from your steps, height, and weight, and says so in the app.

Fitally is not liable for the consequences of acting on a figure it displays. Do not use Fitally to make medical decisions.

Availability and Changes

The app is provided as is, and may be changed, interrupted, or withdrawn at any time. It depends on iOS, Core Motion, and Apple Health, all of which Apple may change; features can break or disappear after an iOS update.

No Warranty

Fitally is provided "as is" and "as available", without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be uninterrupted, error-free, or accurate, nor that its figures will be complete or fit for any purpose you intend to put them to.

Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, health, profits, or goodwill, arising out of your use of Fitally or your inability to use it — even if we were advised such damages were possible. Where liability cannot be excluded, it is limited to the amount you paid for the app.

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

Acceptable Use

You agree not to:

• Reverse engineer, decompile, or attempt to derive the source of the app, except where that restriction is prohibited by law
• Modify, tamper with, or interfere with the app or its operation
• Use the app in a way that breaks the law or infringes anyone else's rights

Your Content and Our Rights

You keep all rights to the photos and information you put into Fitally. You grant us no licence to them, because the app never transmits them. The Fitally name, design, and code remain our property, and these terms grant you a limited, revocable, non-exclusive licence to use the app as intended — through the App Store, on hardware you own, in accordance with Apple's terms.

Third-Party Services

Fitally relies on Apple Health and Core Motion, provided by Apple Inc. Their availability and behaviour are outside our control, and their own terms and privacy policies apply to the data they hold.

Changes to These Terms

These terms may be updated. The revised version will be posted on this page with a new effective date, and continued use of the app after that date means you accept it. We cannot notify you inside the app, because the app cannot reach us.

Contact

Questions about these terms can be sent to gudlak.studios@gmail.com.