Fit Alarmy

Terms of Service

Last updated: May 11, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you and the developer of Fit Alarmy ("we", "us", or "our"). By downloading, installing, or using Fit Alarmy, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Acceptance of Terms

By downloading or using Fit Alarmy, you agree to these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not download or use the app.

2. Description of Service

Fit Alarmy is an alarm clock application that requires users to complete physical or cognitive missions before dismissing alarms. Missions include AI-powered exercise detection, math problems, typing challenges, memory card matching, and photo proof. The app includes a global calorie leaderboard and streak tracking features.

We reserve the right to modify, suspend, or discontinue any feature or the entire service at any time, with or without notice.

3. User Accounts

4. Subscriptions and Billing

5. Refund Policy

All purchases are processed by Apple. Refund requests must be submitted to Apple at reportaproblem.apple.com. Refunds are subject to Apple's refund policy. We have no control over Apple's refund decisions.

6. Free Tier and Advertising

The free tier provides access to Math, Typing, Memory, and Photo Proof missions, with banner advertisements served by Google AdMob. AI exercise detection is exclusively a Premium feature. We reserve the right to modify which features are available on the free tier with reasonable notice.

7. Acceptable Use

You agree not to:

8. Alarm Disclaimer

Fit Alarmy relies on the iOS notification system to deliver alarms. We do not guarantee that alarms will sound at the exact scheduled time in all circumstances. Factors that may prevent alarms from firing include Do Not Disturb mode, Focus modes, Silent switch, low battery, background app refresh being disabled, revoked notification permissions, or device malfunction.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU SHOULD NOT RELY SOLELY ON FIT ALARMY AS YOUR ONLY ALARM FOR ANY CRITICAL, TIME-SENSITIVE, OR LIFE-IMPORTANT OBLIGATION, INCLUDING BUT NOT LIMITED TO MEDICAL APPOINTMENTS, TRAVEL DEPARTURES, EXAMINATIONS, OR WORK COMMITMENTS. WE SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ARISING FROM A MISSED ALARM.

9. Health and Physical Activity Disclaimer

Fit Alarmy may prompt you to perform physical exercises. By using these features, you acknowledge that physical exercise carries inherent risks of injury. You should consult a qualified physician before beginning any exercise program, especially if you have any pre-existing medical conditions.

WE ARE NOT MEDICAL PROFESSIONALS. NOTHING IN THIS APP CONSTITUTES MEDICAL ADVICE. WE ARE NOT RESPONSIBLE FOR ANY INJURY, ILLNESS, OR OTHER HARM RESULTING FROM YOUR USE OF THE APP'S EXERCISE FEATURES.

10. AI Accuracy Disclaimer

The AI exercise detection feature uses computer vision to estimate body position and count repetitions. The AI may miss repetitions, count repetitions that were not properly performed, or fail in certain lighting conditions. We do not guarantee any specific level of accuracy.

11. Calorie Disclaimer

Calorie estimates are rough approximations calculated using fixed coefficients and are not scientifically validated. They are provided for motivational purposes only and should not be used for medical, dietary, or fitness planning purposes.

12. Intellectual Property

All content within Fit Alarmy, including source code, design, graphics, text, and branding, is the exclusive property of the developer or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the app for personal, non-commercial purposes.

13. Third-Party Services

The app integrates with Supabase, Google AdMob, and the Apple App Store. Your use of these services is subject to their respective terms and policies. We are not responsible for the availability or practices of any third-party service.

14. Termination

You may delete your account at any time by contacting us at kajopn8n@gmail.com. We reserve the right to suspend or terminate your access if you violate these Terms or engage in fraudulent activity.

15. Disclaimer of Warranties

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, OR NON-INFRINGEMENT.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP, ANY MISSED ALARM, OR ANY INJURY SUSTAINED DURING USE OF THE APP'S EXERCISE FEATURES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $10 USD IF YOU HAVE PAID NOTHING.

17. Indemnification

You agree to indemnify and hold harmless us and our officers, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of your use of the app, your violation of these Terms, or your violation of any third-party rights.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of Poland, without regard to conflict of law principles. Any dispute shall first be attempted to be resolved through informal negotiation at kajopn8n@gmail.com. If informal resolution fails, disputes shall be subject to the exclusive jurisdiction of the competent courts of Poland, except where mandatory consumer protection laws in your country of residence require otherwise.

To the extent permitted by applicable law, you agree that any dispute resolution will be conducted on an individual basis and not as a class or collective action.

19. Apple-Specific Terms

If you downloaded the app from the Apple App Store:

20. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via an in-app notice and/or email at least 14 days before the change takes effect. Continued use of the app after changes take effect constitutes your acceptance of the revised Terms.

21. Statute of Limitations

To the extent permitted by applicable law, any claim arising from or relating to your use of the app must be filed within one (1) year after the claim arose. This limitation does not apply where prohibited by mandatory consumer protection laws in your jurisdiction.

22. Severability and Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the app.

BY USING FIT ALARMY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.

Contact
Fit Alarmy Developer
Email: kajopn8n@gmail.com