Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the FitBeat mobile application ("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.

We reserve the right to modify these Terms at any time. Your continued use of the App after any changes constitutes your acceptance of the new Terms.

2. Description of Service

FitBeat is a fitness music application that provides the following features:

• Real-time music tempo adjustment (BPM synchronization)
• Manual BPM control
• Running speed/cadence-based tempo matching
• Heart rate-based tempo matching
• Integration with your Apple Music library
• Workout interval programming (Premium features)

The App uses audio time-stretching technology to modify the tempo of your music without altering pitch quality.

3. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you must have parental or guardian consent to use the App.

4. Account Registration

Some features of the App may require you to create an account. You agree to:

• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

5. Subscriptions and Payments

5.1 Subscription Plans

FitBeat offers the following subscription tiers:

• Free: Basic features including manual BPM control
• Premium: All control modes including Running Speed and Heart Rate modes
• Pro: All Premium features plus custom workout intervals and advanced analytics

5.2 Billing

All payments are processed through Apple's App Store. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You can manage your subscription in your Apple ID account settings.

5.3 Refunds

Refunds are handled by Apple in accordance with their refund policies. We do not directly process refunds.

5.4 Price Changes

We reserve the right to change subscription prices. Any price changes will apply to subsequent billing periods and will be communicated in advance.

6. User Conduct

You agree not to:

• Use the App for any unlawful purpose
• Attempt to reverse engineer, decompile, or disassemble the App
• Interfere with or disrupt the App's functionality
• Circumvent any technological measures designed to protect the App
• Use the App to infringe on intellectual property rights
• Share your account credentials with others
• Use automated systems to access the App

7. Intellectual Property

The App, including its design, features, and content, is owned by FitBeat and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

You retain ownership of your music content. FitBeat does not claim any ownership rights over music accessed through Apple Music or other sources.

8. Third-Party Services

The App integrates with third-party services including:

• Apple Music: Subject to Apple's Terms of Service
• Apple HealthKit: Subject to Apple's Terms of Service

Your use of these services is governed by their respective terms and conditions. We are not responsible for third-party services.

9. Health and Safety Disclaimer

By using the App, you acknowledge that:

• You are physically capable of performing the workouts you choose
• You will listen to your body and stop exercising if you experience pain, dizziness, or discomfort
• Heart rate and cadence measurements are estimates and should not be used for medical purposes
• You assume all risks associated with physical exercise

10. 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, AND NON-INFRINGEMENT.

We do not warrant that:

• The App will meet your requirements
• The App will be uninterrupted, timely, secure, or error-free
• The results obtained from using the App will be accurate or reliable
• Any errors in the App will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITBEAT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless FitBeat and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through the App

13. Termination

We may terminate or suspend your access to the App at any time, with or without cause, with or without notice. Upon termination:

• Your license to use the App will immediately cease
• You must delete all copies of the App from your devices
• Any outstanding subscription fees remain payable

You may terminate your account at any time by deleting the App and canceling any active subscriptions through your Apple ID settings.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of California.

15. Dispute Resolution

Before filing a legal claim, you agree to try to resolve any dispute informally by contacting us at legal@fitbeat.music. We will try to resolve the dispute through good-faith negotiation within 30 days.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FitBeat regarding your use of the App and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms, please contact us: