Thunderbolt Fitness App End User License Agreement (EULA)

1. Introduction

This End User License Agreement ("EULA") is a legal agreement between you ("User") and Trevor B. ("Owner") located at 712MACONST,NY for the use of the Thunderbolt Fitness mobile application ("App"). By downloading, installing, or using the App, you 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.

2. Acknowledgement

You and the User acknowledge that this EULA is concluded between you and the User only, and not with Apple. The Owner, not Apple, is solely responsible for the App and its content. This EULA must not conflict with the Apple Media Services Terms and Conditions.

3. Scope of License

The license granted to the User for the App is a limited, non-transferable license to use the App on any Apple-branded products that the User owns or controls, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

4. Maintenance and Support

The Owner 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 and the User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

5. Warranty

The Owner 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, the User may notify Apple, and Apple will refund the purchase price for the App to that User. 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 the Owner's sole responsibility.

6. Product Claims

The Owner, not Apple, is responsible for addressing any claims of the User or any third party relating to the App or the User’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks. This EULA may not limit the Owner's liability to the User beyond what is permitted by applicable law.

7. Intellectual Property Rights

In the event of any third-party claim that the App or the User’s possession and use of the App infringes that third party’s intellectual property rights, the Owner, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

8. Legal Compliance

The User represents and warrants that (i) they 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 (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

9. Developer Name and Address

Owner: Trevor B.
Address: 712MACONST,NY
Email: bklyndev.io@gmail.com

10. Third-Party Terms of Agreement

The User must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then the User must not be in violation of their wireless data service agreement when using the App.

11. Third-Party Beneficiary

You and the User acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon the User’s 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 the User as a third-party beneficiary thereof.

12. Subscription and In-App Purchases

Certain features of the App are available through a paid subscription to Thunderbolt Fitness Pro. By purchasing a subscription or any in-app purchases, you agree to the terms and pricing as described within the App and the App Store.

13. Health and Fitness Disclaimer

The App provides health and fitness-related information and is designed for informational purposes only. It is not intended as medical advice. Always consult a healthcare professional before starting any exercise program or using the App.

14. User Data

The App integrates with Apple Health to provide a comprehensive fitness tracking experience. By using the App, you consent to the App's access to your health and fitness data as permitted by Apple Health's privacy settings.

15. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy [link to Privacy Policy] to understand how we collect, use, and protect your information.

16. Intellectual Property

All intellectual property rights in the App and its content are owned by the Owner or its licensors. You agree not to modify, reverse engineer, decompile, or disassemble the App or attempt to derive the source code of the App.

17. Termination

This EULA is effective until terminated by either party. You may terminate this EULA by deleting the App from your device. The Owner may terminate this EULA at any time without notice if you violate any terms of this EULA. Upon termination, you must cease all use of the App and delete all copies from your device.

18. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied. The Owner disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

19. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the App; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein.

20. Governing Law

This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which the Owner is based, without regard to its conflict of law provisions.

21. Changes to this EULA

The Owner reserves the right to modify this EULA at any time. We will notify you of any changes by posting the new EULA within the App. Your continued use of the App after any such changes constitutes your acceptance of the new EULA.