Terms of Service for the EverBeat App

Last updated: June 2, 2023

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the EverBeat application (the "App") operated by Andreas K. ("us", "we", or "our").

1. Acceptance of Terms

By accessing or using the App, you agree to be bound by these Terms of Service. If you do not agree with any part of these Terms, you may not use the App.

2. Description of Service

EverBeat is a mobile application designed to provide fitness-related information, tracking features, and personalized recommendations. The App may include but is not limited to features such as activity tracking.

3. User Accounts

a. Account Creation: In order to use certain features of the App, you may need to create an account. You agree to provide accurate and complete information during the registration process.

b. Account Security: You are responsible for maintaining the confidentiality of your account login information. You are also responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify us immediately.

c. Age Restrictions: The App is intended for users who are at least 13 years old. If you are under 13, you are not permitted to use the App.

4. User Obligations

a. Compliance: You agree to use the App in compliance with all applicable laws and regulations.

b. Personal Data: You acknowledge and agree that any personal information you provide through the App will be processed in accordance with our Privacy Policy.

c. Prohibited Activities: You shall not use the App to engage in any harmful or illegal activities, including but not limited to transmitting viruses or malicious code, interfering with the functioning of the App, or attempting to access unauthorized areas of the App or other users' accounts.

5. Intellectual Property

a. Ownership: The App and its original content, features, and functionality are owned by Andreas K. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

b. License: Andreas K. grants you a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial purposes.

6. Limitation of Liability

a. Disclaimer: The App is provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied. Andreas K. does not warrant that the App will be error-free, uninterrupted, or secure, or that any information obtained through the App will be accurate or reliable.

b. Indemnification: You agree to indemnify, defend, and hold Andreas K. and its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, costs, or expenses arising out of or related to your use of the App or violation of these Terms.

7. Modifications

Andreas K. reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time without prior notice. The updated Terms will be effective as of the date of posting. Your continued use of the App after the posting of any modifications constitutes your acceptance of the modified Terms.

8. Termination

Andreas K. may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms.

9. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions.

10. Contact Us

If you have any questions or concerns regarding these Terms of Service or the EverBeat App, please contact us at:

Email: andreas@everbeat.app

We strive to address user inquiries and feedback in a timely manner.

By using the EverBeat App, you acknowledge that you have read, understood, and agreed to these Terms of Service. These Terms constitute the entire agreement between you and Andreas K. regarding the use of the App and supersede any prior agreements or understandings.

Thank you for using the EverBeat App. We hope it helps you achieve your fitness goals and enhances your overall well-being.