This End User License Agreement (the "EULA") governs your installation and use of the LiftLogic mobile application for iOS, watchOS, and any associated widgets (collectively, the "Licensed Application"). The Licensed Application is licensed (not sold) to you ("You" or "End User") by Havasi Holding LLC, a Utah limited liability company ("LiftLogic," "we," "us," "our," or "Licensor"), located at 7533 S Center View St, Ste N, West Jordan, UT 84084, United States.

By downloading the Licensed Application from Apple's App Store and any update to it, you agree to be bound by this EULA, by our Terms of Service, and by our Privacy Policy. Apple is not a party to this EULA and is not responsible for the Licensed Application or its content. Havasi Holding LLC is solely responsible for the Licensed Application.

1. The Licensed Application

The Licensed Application is a fitness-tracking and workout-planning application designed for Apple iOS and watchOS devices. It lets you plan and log workouts, sync workouts and selected health metrics with Apple Health and connected third-party wearables, follow programs and routines on iOS and watchOS, and use optional AI-assisted features. A full description of the Licensed Application's features is available at liftlogic.fit.

The Licensed Application is not designed to comply with industry-specific regulations such as the United States Health Insurance Portability and Accountability Act ("HIPAA"). If your interactions would be subject to such laws, you may not use the Licensed Application for those interactions.

2. Scope of license

1. You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any iOS or watchOS device that you own or control, as permitted by Apple's Apple Media Services Terms and Conditions ("Usage Rules"), including the rules for Family Sharing or volume purchasing.
2. This license also governs any updates to the Licensed Application that replace or supplement the original, unless a separate license accompanies the update, in which case the separate license governs.
3. You may not share, sell, rent, lend, lease, or otherwise redistribute the Licensed Application except as permitted by the Usage Rules and with our prior written consent.
4. You may not reverse-engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works of, adapt, or attempt to derive the source code of the Licensed Application or any part of it, except to the extent such restriction is prohibited by law.
5. You may not copy the Licensed Application except as expressly permitted by this license and the Usage Rules. You may create backups only on devices you own or control. You may not remove any intellectual property notices. If you sell or transfer your device to a third party, you must remove the Licensed Application from the device first.
6. Violations of the obligations above (and attempts to violate them) may be subject to prosecution and damages.
7. Licensor reserves the right to modify the terms of this license, subject to the notice requirements in section 15.
8. Nothing in this license restricts third-party terms that apply to your use of the Licensed Application. You must comply with any applicable third-party terms.

3. Technical requirements

The Licensed Application requires a compatible iOS or watchOS device running a supported version of the operating system. Minimum OS versions and any other technical requirements are listed on the Licensed Application's App Store product page. You are responsible for any data, network, or device costs you incur while using the Licensed Application.

Licensor reserves the right to change the technical requirements at any time.

4. Maintenance and support

Licensor is solely responsible for providing any maintenance and support for the Licensed Application, as specified in this EULA, our Terms of Service, or as required by applicable law. Apple has no obligation to furnish any maintenance or support for the Licensed Application.

Support requests should be sent to [email protected].

5. Use of data

Licensor's collection, use, and sharing of personal information through the Licensed Application is described in our Privacy Policy, which is incorporated into this EULA by reference. The Privacy Policy explains, among other things, the data we read from and write to Apple HealthKit (only with your permission), the third-party wearables you can optionally connect, and our processors.

6. User content

The license you grant to LiftLogic over your user-generated content is set out in section 8 of our Terms of Service. That section governs ownership, the limited license you grant us to operate the Services, and the representations and warranties you make about your content. Nothing in this EULA changes those terms.

7. Warranty

Licensor warrants that the Licensed Application is free of defects in materials and workmanship as required by applicable consumer-protection law, including the non-waivable warranty rights you may have under the law of your country of residence. Licensor's entire warranty obligation, and your exclusive remedy in the event of a defect, will be (at Licensor's option) repair or replacement of the Licensed Application, or a refund of the purchase price paid for the Licensed Application, subject to the warranty disclaimers and limitations in our Terms of Service.

App Store warranty. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty will be the sole responsibility of Licensor.

8. Product claims

Licensor, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and use of it, including: (a) product-liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer-protection, privacy, or similar legislation, including in connection with HealthKit; and (d) any claim that the Licensed Application infringes a third party's intellectual property rights.

9. Legal compliance

You represent and warrant that (a) you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a "terrorist supporting" country; and (b) you are not listed on any US Government list of prohibited or restricted parties.

10. Contact information

For questions, complaints, or claims with respect to the Licensed Application, contact us at:

Havasi Holding LLC
7533 S Center View St, Ste N
West Jordan, UT 84084, United States
Email: [email protected]
Product support: [email protected]

11. Termination

This license is effective until terminated by you or by Licensor. Your rights under this license will terminate automatically without notice from Licensor if you fail to comply with any term of this EULA. Upon termination, you must cease all use of the Licensed Application and delete any copies on devices you control. The sections of this EULA that by their nature should survive termination will survive.

12. Third-party terms and Apple as beneficiary

You must comply with any applicable third-party terms when using the Licensed Application (for example, you must not be in violation of your wireless data-service agreement when using the Licensed Application).

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA and that, upon your 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 you as a third-party beneficiary.

13. Intellectual property

In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, Licensor (and not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual-property-infringement claim, to the extent required by this EULA.

14. Governing law

This EULA is governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws rules. If you are a consumer in the European Union, the United Kingdom, or another jurisdiction that grants you the protection of the mandatory consumer-protection law of your country of residence, that protection is preserved.

15. Miscellaneous

This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Licensor regarding the Licensed Application and supersedes any prior agreement on the same subject. If any provision of this EULA is held to be unenforceable, the remaining provisions remain in full force and effect. Failure by Licensor to enforce any right is not a waiver of that right. Licensor may update this EULA from time to time; material changes will be notified by an in-App notice or by email at least 30 days before they take effect.