Last updated: 16th February 2025
PLEASE READ THIS AGREEMENT CAREFULLY
1. Introduction
This End User License Agreement ("EULA") is a binding legal contract between you, as the user ("You", "Your"), and the developers and providers of the Pushup Debt mobile application ("We", "Us", "Our" or "Licensor"). This EULA governs your use of the Pushup Debt mobile application ("App").
By downloading, installing, or using the App, You accept and agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download, install, or use the App.
You and the End-User acknowledge that this EULA is concluded between You and the Licensor only, and not with Apple. Licensor, not Apple, is solely responsible for the App and its content.
Nothing in this agreement shall be interpreted as conflicting with the Apple Media Services Terms and Conditions. In case of conflict, Apple’s terms will govern.
2. Scope of License
The license granted to You for the App is limited to a non-transferable license to use the App on any Apple-branded products that You own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support
Licensor is solely responsible for providing any maintenance and support services with respect to the App, as specified in this EULA or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty
Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Licensor’s sole responsibility.
5. Product Claims
Licensor, not Apple, is responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including but not limited to:
- Product liability claims;
- Any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual Property Rights
In the event of any third-party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance
You represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- You are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the App, such as wireless data service agreements.
9. Third-Party Beneficiary
You and Licensor acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA. Upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary.
10. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose your personal information.
11. Description of Service
Pushup Debt is a fitness gamification app that tracks "pushup debt" based on daily habits and activities. The App aims to motivate users to stay active through a unique debt-based system.
12. User Conduct
By using our App, you agree to:
- Use the App solely for lawful purposes;
- Not interfere with or disrupt the App, its servers, or networks;
- Not impersonate or misrepresent your affiliation with any person or entity;
- Not share your login credentials with any third party;
- Not engage in any conduct that could harm Pushup Debt or its users;
- Consult healthcare professionals before starting any exercise routine;
- Provide accurate information when using the App.
Additionally, you shall not:
- Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
- Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
- Violate any applicable laws, rules, or regulations in connection with Your access or use of the App;
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
- Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
13. Account Registration
To access certain features of the App, you may need to create an account. When creating an account, you must provide accurate and complete information. You are responsible for safeguarding your login credentials and agree to notify us immediately of any unauthorized use of your account or breach of security.
14. Payment
The usage of the Application is free of charge for all Users.
If you choose to purchase any of our enhanced, paid content, these are the payment and billing terms that apply:
- We offer pro features of the Application for a fee. The Pro features are available as a monthly or one-time purchase.
- Your iTunes account will be charged at confirmation of purchase.
- Subscriptions will automatically renew unless auto-renew is turned off at least 24 hours before the end of the billing period.
- You can manage your subscription and turn off auto-renew in your iTunes Account Settings.
- To restore previous purchases, use the "Restore Purchases" button located at the bottom of the Premium Features popup.
- Subscriptions & In-App Purchases purchased via the App Store are subject to the App Store’s refund policies. Licensor cannot grant refunds.
15. Intellectual Property
All content, features, and functionality within the App, including but not limited to text, graphics, logos, icons, and software, are the exclusive property of Pushup Debt or its licensors and are protected by international copyright, trademark, and other intellectual property laws.
16. Third-Party Services
Our App may use third-party services for data storage, analytics, and other functionalities. These services operate under their own terms of service and privacy policies. By using our App, you acknowledge that your information may be collected, stored, and processed by these services in accordance with their terms and privacy policies.
17. Limitation of Liability
The App is provided "as is" without warranties of any kind. We are not liable for any injuries, damages, or losses resulting from the use of the App, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
18. Termination
We reserve the right to terminate or suspend your access to the App, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the App will immediately cease.
19. Changes to Terms
We may update these Terms at our sole discretion from time to time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date at the top of this page. Changes to the Terms will become effective as soon as they are posted. By continuing to access or use our App after those changes become effective, you agree to be bound by the revised Terms.
20. Contact Us
If you have any questions about these Terms of Service, please contact us at:
Name: Nishanth Vijayan
Email: [email protected]
Address: Thirunelliyoor Lane, Peyad, Thiruvananthapuram, Kerala, India - 695573