Terms of Service

By downloading, installing, or using Everlift ("the app"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use the app.

We reserve the right to modify these terms at any time. Material changes will be communicated through the app. Continued use after changes constitutes acceptance of the updated terms.

Everlift is a workout logging application that allows you to track exercises, sets, reps, weight, and other fitness metrics. The app provides local data storage with optional cloud sync for backup and cross-device access.

The app is designed as a fitness tracking tool to help you log and monitor your workouts. It is not a medical device, health monitoring system, or substitute for professional fitness guidance.

BY USING THIS APP, YOU ACKNOWLEDGE AND AGREE THAT:

1. Exercise and physical activity carry inherent risks of injury or death.
2. You voluntarily assume all risks associated with using this app to track your workouts, regardless of negligence by Everlift or others.
3. You have consulted with a healthcare professional and received clearance to engage in physical exercise, or you accept all risks of exercising without such clearance.
4. You are physically capable of performing the exercises you choose to log, or will modify them to suit your abilities.
5. Results vary and depend on many factors including genetics, diet, lifestyle, and consistency. We make no guarantees about results.

Account creation is optional. The app functions fully without an account using local storage only.

If you create an account:

• You are responsible for maintaining the confidentiality of your credentials
• You are responsible for all activity that occurs under your account
• You must provide accurate and complete information
• You must be at least 13 years old to create an account (16 years old if you are in the European Union)
• You must notify us immediately of any unauthorized account access

Ownership: You retain ownership of all workout data and content you create within the app.

License to Us: By using cloud sync, you grant us a limited, non-exclusive license to store, transmit, and process your data solely for the purpose of providing the sync service.

Data Use: We do not access, analyze, or share your workout data for any purpose other than delivering the app's features to you. See our Privacy Policy for details.

Backup Responsibility: While we take data integrity seriously, we recommend regularly exporting your workout data as a backup. We are not responsible for data loss.

You agree not to:

• Reverse-engineer, decompile, or disassemble the app
• Use the app for any illegal purpose
• Attempt to gain unauthorized access to our servers or systems
• Interfere with or disrupt the app's infrastructure
• Use automated systems to access the app in a manner that exceeds reasonable use
• Copy, modify, or distribute app content without permission
• Use the app for any commercial purpose without authorization
• Upload malicious content or attempt to compromise other users' data

Our Rights: All intellectual property in the app, including software, designs, text, graphics, logos, icons, images, and exercise database content, is owned by Everlift or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Your License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the app for personal, non-commercial purposes in accordance with these Terms.

Restrictions: You may not copy, modify, distribute, sell, or lease any part of the app or its content without our written permission.

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or completeness of content

We do not guarantee that:

• The app will be error-free or uninterrupted
• Defects will be corrected
• The app is free of harmful components
• Exercise instructions are suitable for your specific condition
• Calculations (1RM estimates, volume, etc.) are clinically accurate
• You will achieve any particular fitness results

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERLIFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, use, goodwill, or other intangible losses
• Any personal injury, including death, resulting from your use of the app or reliance on exercise information
• Any damages arising from: your use or inability to use the app, any unauthorized access to your data, any interruption or cessation of the service, any bugs, viruses, or errors in the app, or any content or conduct of third parties

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $50 USD, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless Everlift and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the app
• Your violation of these Terms
• Your violation of any third-party rights
• Any injury or harm resulting from exercise activities you track in the app

By You: You may stop using the app and delete your account at any time through Settings → Delete Account. Upon deletion, your cloud data will be permanently removed within 30 days.

By Us: We reserve the right to suspend or terminate your access to the service, without notice, for:

• Violations of these Terms
• Fraudulent or illegal activity
• Conduct that could harm other users or our systems
• Extended periods of inactivity (with prior notice)

Effect: Upon termination, your license to use the app is immediately revoked. Provisions that should survive termination (Disclaimers, Limitation of Liability, Indemnification, Governing Law) will remain in effect.

Before filing any legal claim, you agree to contact us at support@everlift.fit and attempt to resolve the dispute informally for at least 30 days.

If we cannot resolve the dispute informally, any disputes arising from these Terms or your use of the app shall be resolved in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, power outages, internet disruptions, server failures by our third-party providers, or government actions.

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

If you are a consumer in the European Union, you also retain protection under the mandatory consumer protection laws of your country of residence.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Everlift regarding your use of the app and supersede any prior agreements.

If you have questions about these Terms of Service, please contact us at:

Email: support@everlift.fit

We aim to respond to all inquiries within one month.