TERMS_OF_SERVICE.md

gistfile1.txt

# Terms of Service for Pulse Workout

**Last Updated:** January 18, 2026

## 1. Acceptance of Terms

By downloading, installing, or using Pulse Workout ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

## 2. Description of Service

Pulse Workout is a fitness tracking application that allows users to:
- Create and follow workout routines
- Track exercises, sets, reps, and weights
- Monitor workout history and progress
- View fitness insights and statistics
- Set and track fitness goals
- Receive workout reminders and notifications
- Sync data with Apple Health (optional)
- Sync data across devices via iCloud (optional)

## 3. User Accounts and Data

### 3.1 User Responsibility
- You are responsible for maintaining the accuracy of your profile information
- You are responsible for all activity that occurs under your device
- You are responsible for backing up your data

### 3.2 Data Storage
- Workout data is stored locally on your device
- Optional iCloud sync stores data in your personal iCloud account
- We do not maintain servers that store your personal data

## 4. Acceptable Use

You agree NOT to:
- Use the App for any unlawful purpose
- Attempt to reverse engineer, decompile, or disassemble the App
- Remove or alter any proprietary notices or labels
- Use the App to transmit malware or harmful code
- Interfere with or disrupt the App's functionality

## 5. Health and Fitness Disclaimer

### 5.1 Not Medical Advice
THE APP IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. The workout suggestions, statistics, and features are for informational and tracking purposes only.

### 5.2 Consult a Professional
Before starting any exercise program, you should:
- Consult with a qualified healthcare provider
- Consult with a certified fitness professional
- Consider your current health conditions and limitations

### 5.3 Exercise at Your Own Risk
- You acknowledge that physical exercise involves inherent risks
- You are solely responsible for your physical condition and any injuries
- You should stop exercising immediately if you feel pain, dizziness, or discomfort

### 5.4 No Guarantees
We do not guarantee any specific fitness results from using the App. Results vary based on individual effort, consistency, diet, genetics, and other factors.

## 6. Apple Health Integration

### 6.1 Optional Feature
Apple Health integration is optional and requires your explicit permission.

### 6.2 Data Accuracy
We do not guarantee the accuracy of data read from or written to Apple Health. Heart rate and calorie calculations are estimates.

### 6.3 Apple's Terms
Use of Apple Health is subject to Apple's terms and conditions.

## 7. Intellectual Property

### 7.1 Ownership
The App, including its design, features, code, and content, is owned by D2V Solutions and protected by intellectual property laws.

### 7.2 License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

### 7.3 Restrictions
You may not:
- Copy, modify, or distribute the App
- Create derivative works based on the App
- Use the App for commercial purposes without permission

## 8. User-Generated Content

### 8.1 Your Content
You retain ownership of any content you create (workout names, notes, etc.).

### 8.2 License to Us
By using the App, you grant us a license to store and process your content as necessary to provide the service.

## 9. Third-Party Services

### 9.1 Apple Services
The App integrates with Apple services (iCloud, HealthKit). Your use of these services is subject to Apple's terms.

### 9.2 No Endorsement
Integration with third-party services does not imply endorsement.

## 10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY OF DATA
- UNINTERRUPTED OR ERROR-FREE OPERATION

## 11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

### 11.1 No Liability for Damages
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of data
- Personal injury
- Property damage
- Lost profits
- Business interruption

### 11.2 Maximum Liability
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP (WHICH IS $0 FOR FREE APPS).

### 11.3 Essential Purpose
THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

## 12. Indemnification

You agree to indemnify and hold harmless D2V Solutions, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal 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 your exercise activities

## 13. Termination

### 13.1 By You
You may stop using the App at any time by uninstalling it.

### 13.2 By Us
We may terminate or suspend your access to the App at any time, without notice, for any reason.

### 13.3 Effect of Termination
Upon termination:
- Your license to use the App ends
- You should export any data you wish to keep before uninstalling

## 14. Changes to Terms

We may modify these Terms at any time. Changes are effective when posted. Your continued use of the App after changes constitutes acceptance of the new Terms.

## 15. Governing Law

These Terms shall be governed by the laws of Brasília, Brazil, without regard to conflict of law principles.

## 16. Dispute Resolution

### 16.1 Informal Resolution
Before filing a claim, you agree to contact us to attempt informal resolution.

## 17. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

## 18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and D2V Solutions regarding the App.

## 19. Contact Information

For questions about these Terms, contact us at:

contact@dfit.app
D2V Solutions
Brasília, Brazil