These Terms of Service ("Terms") are a legally binding agreement between you ("User," "you," or "your") and Kapsule Limited (the "Company," "we," "us," or "our") governing your access to and use of the Cute Lifts mobile application (the "App").
1) Agreement to Terms
By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
2) About Us
3) Eligibility
You must be at least 13 years old to use the App. By using the App, you represent and warrant that:
- You are at least 13 years of age.
- You have the legal capacity to enter into these Terms.
- Your use of the App does not violate applicable law.
- If you are under 18, you have obtained parental or guardian consent to use the App.
4) Definitions
"User Content" means the fitness-related content you create or store in the App, including workout logs, custom exercises, templates, measurements, notes, and similar data.
"Service Data" means limited diagnostic, technical, and usage information we may collect and store to operate, secure, and improve the App. Service Data does not include the contents of your workout logs or HealthKit data.
5) Account Registration and Apple Sign In
5.1 Apple Sign In
The App uses Sign in with Apple for authentication. By signing in, you agree to:
- Use your Apple ID in accordance with Apple's terms.
- Maintain the security of your Apple ID credentials.
- Accept responsibility for activities under your account.
5.2 Account Responsibilities
You are responsible for:
- Your use of the App and your User Content.
- Maintaining the confidentiality of your device and Apple ID access.
- Promptly notifying us at [email protected] if you believe the App is being accessed or used in an unauthorized way.
6) Description of Services
Cute Lifts is a fitness tracking application that allows you to:
- Log and track workouts and exercises.
- Record body measurements and track progress.
- View personal records and analytics.
- Create custom exercises and workout templates.
- Sync data across devices via iCloud/CloudKit (if enabled).
- Access gamification features (XP, achievements, streaks).
- Subscribe to premium features.
7) Health and Fitness Disclaimer (Not Medical Advice)
The App is Not Medical Advice
THE APP IS NOT MEDICAL ADVICE. The App is for general fitness tracking and informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
You should consult a qualified healthcare provider before beginning any exercise program or making changes to your routine, especially if you have a medical condition, are recovering from injury or illness, are pregnant or nursing, or have any health concerns.
Exercise involves risk. You are responsible for your own decisions and actions. Stop exercising and seek medical advice if you experience pain, dizziness, or discomfort.
HealthKit: If you enable Apple Health/HealthKit integration, you understand that HealthKit data access is optional and controlled by you. We do not use HealthKit data for advertising and we do not share HealthKit data with third parties.
8) Subscriptions and Payments
8.1 Premium Subscription
The App may offer subscriptions that unlock additional features (for example, monthly and annual plans).
8.2 Billing Through Apple
Subscriptions are processed through Apple's App Store and StoreKit:
- Payment is charged to your Apple ID account upon purchase confirmation.
- Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.
- Your account will be charged for renewal within 24 hours prior to the end of the current period.
- You can manage or cancel subscriptions in your Apple ID account settings.
8.3 Free Trials
If offered, free trials automatically convert to paid subscriptions unless cancelled before the trial ends. Unused portions of free trials may be forfeited upon purchasing a subscription, as governed by Apple's policies.
8.4 Price Changes
Subscription pricing and renewals are managed through Apple. If prices change, Apple may notify you and may require your consent where applicable. You can always cancel before renewal if you do not agree to the updated price.
8.5 Refunds
All purchases are processed by Apple and are subject to Apple's refund policies. To request a refund, contact Apple Support or use Apple's "Report a Problem" service.
9) Data Storage and Your Content
9.1 Where User Content Lives
Your User Content is stored on your device and, if you enable iCloud, in your personal iCloud/CloudKit account. We do not host your User Content on Company-controlled servers.
9.2 License to Operate the App
You retain ownership of your User Content. You grant us a limited, non-exclusive, worldwide license to process Service Data and to process User Content only to the extent necessary to provide App functionality that occurs on-device and via Apple services you enable (such as iCloud/CloudKit synchronization). This license does not grant us ownership of your User Content.
9.3 Service Data
We may collect and store Service Data (for example: crash logs, performance metrics, app version, device model, operating system version, and feature usage events) to operate, secure, troubleshoot, and improve the App. Service Data may be processed by us and/or by service providers used for diagnostics and delivery of the App experience, as described in our Privacy Policy.
10) Acceptable Use
10.1 Permitted Use
You may use the App for personal, non-commercial fitness tracking purposes.
10.2 Prohibited Activities
You agree not to:
- Reverse engineer, decompile, or disassemble the App (except where permitted by law).
- Modify, adapt, or create derivative works of the App.
- Remove or alter proprietary notices.
- Use the App for illegal or unauthorized purposes.
- Attempt to gain unauthorized access to systems, accounts, or data.
- Interfere with or disrupt the App's operation (including via bots or automated scraping).
- Resell, lease, sublicense, or commercially exploit the App.
- Use the App to develop or assist in developing a competing product.
- Circumvent security measures or access controls.
11) Intellectual Property
The App and its original content, features, and functionality are owned by Kapsule Limited and protected by intellectual property laws, including:
- App design and user interface
- Source code and software
- Graphics, logos, and icons
- Text, images, and audiovisual content
- Workout program templates and curated content (if any)
"Cute Lifts" and associated marks are trademarks of Kapsule Limited. You may not use them without prior written permission.
12) Feedback
If you provide feedback, suggestions, or ideas, you grant us the right to use them without compensation or attribution.
13) Third-Party Services and Content
The App integrates with Apple services (including Sign in with Apple, iCloud/CloudKit, and StoreKit). Your use of Apple services is governed by Apple's terms and policies.
The App may include links to third-party sites or content (such as YouTube exercise demonstrations). We do not control third-party content and are not responsible for it.
14) App Availability, Updates, and Changes
We aim to keep the App available, but we do not guarantee uninterrupted access. The App may be unavailable due to maintenance, updates, technical issues, or events beyond our reasonable control.
We may update the App and may add, remove, or modify features over time (including Premium features). Some changes may require you to install the latest version to continue using the App.
15) Disclaimers
"As Is" Basis
To the maximum extent permitted by law, the App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that:
- The App will meet your requirements,
- The App will be uninterrupted, timely, secure, or error-free,
- Results or analytics will be accurate or reliable,
- Any errors will be corrected.
16) Limitation of Liability (Important)
Nothing in these Terms limits or excludes our liability for:
- Death or personal injury caused by our negligence,
- Fraud or fraudulent misrepresentation,
- Any other liability that cannot be limited or excluded under applicable law.
Subject to the above, and to the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, use, goodwill, or other intangible losses arising out of or related to your use of the App.
To the maximum extent permitted by law, our total liability to you for all claims arising out of or relating to the App will not exceed the greater of:
- The total amounts you paid to us (via Apple) for the App subscriptions in the twelve (12) months before the event giving rise to the claim; or
- One hundred dollars (US$100).
If you are a consumer, you may have additional statutory rights that cannot be excluded or limited by contract.
17) Indemnification
If you use the App in breach of these Terms or applicable law, you agree to indemnify and hold harmless Kapsule Limited, its officers, directors, employees, and agents from claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your breach, your misuse of the App, or your violation of another party's rights.
18) Termination
18.1 By You
You may stop using the App at any time by deleting it from your device and cancelling any active subscriptions through Apple.
18.2 By Us
We may suspend or terminate access to the App if you materially breach these Terms or if we must do so to comply with law or protect the security of the App.
18.3 Effect of Termination
Upon termination, your right to use the App ends. Because User Content is stored on your device and in your iCloud (if enabled), deletion of User Content is controlled by you via the App and your iCloud settings. We may retain or delete Service Data as described in the Privacy Policy and as required by law.
19) Changes to These Terms
We may update these Terms from time to time. We will indicate changes by updating the "Last Updated" date and may provide notice in the App for material changes. If you do not agree to updated Terms, you must stop using the App.
20) Dispute Resolution and Governing Law (England and Wales)
20.1 Contact First (Encouraged)
If you have a dispute, we encourage you to contact us at [email protected] so we can try to resolve it informally.
20.2 Governing Law
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by the laws of England and Wales.
20.3 Jurisdiction
The courts of England and Wales will have jurisdiction. If you are a consumer, you may also be entitled to bring proceedings in the courts of your country of residence and to benefit from mandatory consumer protections there.
21) General Provisions
- Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement regarding the App.
- Severability: If any provision is unenforceable, the remaining provisions continue in effect.
- No Waiver: Failure to enforce a provision is not a waiver.
- Assignment: You may not assign these Terms. We may assign our rights and obligations as permitted by law.
- Force Majeure: We are not liable for failures due to events beyond our reasonable control.
- Headings: Headings are for convenience only.
22) Apple-Specific Terms
You acknowledge and agree that:
- These Terms are between you and Kapsule Limited, not Apple.
- Apple has no obligation to provide maintenance or support for the App.
- Apple is not responsible for any product warranties.
- Apple is not responsible for addressing claims relating to the App, including product liability, legal compliance, or consumer protection claims.
- Apple is not responsible for third-party IP infringement claims related to the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms.