Eureka Strength Terms of Service

1. Acceptance of Terms

By downloading, installing, or using Eureka Strength ("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.

These Terms constitute a legal agreement between you and Eureka Software ("we," "our," or "us").

2. Eligibility

Eureka Strength is intended for users aged 13 and older. By using the App, you represent that you are at least 13 years of age. If you are under 18, you represent that you have your parent or guardian's permission to use the App.

We do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us with personal information, please contact us at privacy@eurekastrength.com.

3. Description of Service

Eureka Strength is a workout tracking application designed for strength training, with features tailored for older adults. The App provides:

• Workout tracking and logging
• Progress visualization and analytics
• Recovery and soreness monitoring
• Research-backed exercise guidance
• Optional Family sharing features for caregiver connectivity
• Apple Health integration

4. Free Trial

Eureka Strength offers a 14-day free trial for new users. During the trial period:

• You have full access to Individual tier features
• No payment information is required to start the trial
• The trial begins when you first download and open the App
• Trial periods cannot be paused, extended, or reset

After the trial period ends, you must subscribe to continue using premium features.

5. Subscriptions and Payment

5.1 Subscription Tiers

Eureka Strength offers the following subscription options:

• Individual: Full workout tracking, progress graphs, data export, and Apple Health integration
• Family: All Individual features plus caregiver access, activity alerts, and family sharing

5.2 Billing

• Subscriptions are billed monthly or annually, depending on your selection
• Payment is processed through Apple's App Store
• Your subscription automatically renews unless canceled at least 24 hours before the end of the current period
• Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period

5.3 Price Changes

We reserve the right to change subscription prices. Any price changes will:

• Be communicated in advance
• Take effect at the start of your next subscription period
• Not affect your current subscription period

5.4 Cancellation

• You may cancel your subscription at any time through your Apple ID account settings
• Cancellation takes effect at the end of your current billing period
• You retain access to premium features until your current period ends
• No partial refunds are provided for unused portions of a subscription period

5.5 Refunds

Refund requests are handled by Apple in accordance with their App Store policies. To request a refund, visit reportaproblem.apple.com.

6. User Accounts and Data

6.1 Your Data

• You retain ownership of all workout data you create in the App
• You are responsible for maintaining backups of your data
• We are not responsible for data loss due to device failure, app deletion, or other circumstances

6.2 Data Export

You may export your data at any time through the App's export feature. We encourage regular backups.

7. Family Sharing Features

7.1 Caregiver Access

If you enable Family features:

• You control who has access to your shared information
• You can revoke caregiver access at any time
• Caregivers can only view information you explicitly share

7.2 Caregiver Responsibilities

If you are a caregiver:

• You may only access data from users who have granted you permission
• You must respect the privacy of users who share with you
• You may not share or redistribute data you receive

8. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose
• Attempt to gain unauthorized access to any part of the App
• Interfere with or disrupt the App's functionality
• Reverse engineer, decompile, or disassemble the App
• Use the App to harass, abuse, or harm others
• Share your subscription access with others (except through Family features)

9. Health and Medical Disclaimer

• The App is intended for general fitness tracking purposes only
• Always consult with a healthcare provider before starting any exercise program
• The App's suggestions and guidance are not substitutes for professional medical advice
• If you experience pain, discomfort, or other symptoms during exercise, stop immediately and consult a healthcare provider
• We are not responsible for any injuries or health issues that may result from exercise activities

10. Intellectual Property

• The App, including its design, features, and content, is owned by Eureka Software
• You are granted a limited, non-exclusive, non-transferable license to use the App
• "Eureka Strength" and related branding are trademarks of Eureka Software
• You may not copy, modify, or distribute any part of the App without permission

11. 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:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF DATA

We do not warrant that the App will be uninterrupted, error-free, or free of harmful components.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EUREKA SOFTWARE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of data, profits, or business opportunities
• Personal injury or property damage related to your use of the App
• Any damages exceeding the amount you paid for the App in the 12 months preceding the claim

13. Indemnification

You agree to indemnify and hold harmless Eureka Software from any claims, damages, losses, or expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party

14. Termination

We may terminate or suspend your access to the App:

• If you violate these Terms
• If required by law
• At our discretion, with or without notice

Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive termination will survive.

15. Changes to Terms

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

For significant changes, we will provide notice through the App or App Store.

16. Governing Law

These Terms are governed by the laws of the State of Indiana, United States, without regard to conflict of law principles.

17. Dispute Resolution

Any disputes arising from these Terms or your use of the App will be resolved through:

1. Informal Resolution: Contact us first to attempt to resolve the dispute informally
2. Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the American Arbitration Association rules

You agree to waive any right to participate in class action lawsuits or class-wide arbitration.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

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

20. Apple-Specific Terms

These Terms are between you and Eureka Software, not Apple. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App.