Terms of Use

1. Our Services

The Services are intended solely for users who are 18 years of age or older. By using the Services, you represent and warrant that you are at least 18 years of age.

Repps is a fitness tracking application that allows users to log workouts, earn points, and redeem rewards. The app is not a medical device and does not provide medical advice, diagnosis, or treatment. Consult a qualified healthcare professional before beginning any fitness program.

The information provided when using the Services is not intended for distribution to any person or entity where such distribution would be contrary to law. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. Intellectual Property Rights

Our intellectual property

We own or are licensed to all intellectual property rights in our Services, including source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics, as well as our trademarks, service marks, and logos. These are protected by copyright and trademark laws worldwide.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial use. No part of the Services may be copied, reproduced, republished, uploaded, sold, or otherwise exploited for commercial purposes without our express prior written permission.

Your submissions

By sending us any question, comment, suggestion, idea, or feedback ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use for any lawful purpose without acknowledgment or compensation to you.

3. User Representations

By using the Services, you represent and warrant that: (1) you are at least 18 years of age; (2) you have the legal capacity to agree to these Legal Terms; (3) you are not a minor in your jurisdiction; (4) you will not access the Services through automated or non-human means; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Services will not violate any applicable law or regulation.

4. Prohibited Activities

You agree not to:

• Systematically retrieve data to create or compile a database without written permission.
• Trick, defraud, or mislead us or other users to obtain sensitive account information.
• Manipulate or falsify workout data, point balances, or reward redemptions.
• Circumvent, disable, or interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us and/or the Services.
• Use information from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse.
• Use the Services in a manner inconsistent with applicable laws or regulations.
• Upload viruses, Trojan horses, or other material that interferes with the Services.
• Engage in any automated use of the system, including scripts, data mining, or extraction tools.
• Attempt to impersonate another user or person.
• Interfere with, disrupt, or create an undue burden on the Services.
• Attempt to bypass measures designed to prevent or restrict access to the Services.
• Decipher, decompile, disassemble, or reverse engineer any software comprising the Services, except as permitted by applicable law.
• Make unauthorized use of the Services, including collecting user emails for unsolicited communication.
• Use the Services to compete with us or for any revenue-generating commercial purpose.

5. User Generated Contributions

The Services currently do not offer users the ability to submit or post public content visible to other users. If we introduce user-generated content features in the future, those features will be governed by additional terms posted at that time.

6. Contribution License

You and the Services agree that we may access, store, process, and use any information and personal data that you provide in accordance with our Privacy Policy.

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your personal fitness data. You retain full ownership of all of your Contributions and any intellectual property rights associated with them.

7. Subscription and Payment Terms

Subscription Plans

• Monthly Subscription: $4.99 per month, with a 7-day free trial for new subscribers.
• Annual Subscription: $50.90 per year (save 15%).

Free Trial

New users may be eligible for a 7-day free trial. Your subscription will automatically renew at the end of the free trial unless you cancel before the trial period ends.

Billing

All payments are processed by Apple through the App Store's In-App Purchase system. Subscription fees are non-refundable except as expressly set forth herein or as required by applicable law.

Auto-Renewal

Your subscription will automatically renew at the end of each subscription period unless you cancel 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.

Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial subscription periods.

Price Changes

We reserve the right to change subscription prices at any time with reasonable notice. Continued use after a price change constitutes acceptance of the new price.

Rewards Program

Points earned through the Repps rewards program have no cash value and cannot be transferred, sold, or exchanged for cash. Reward redemptions are subject to availability and the terms of the applicable reward provider. We reserve the right to modify, suspend, or terminate the rewards program at any time with reasonable notice.

Refunds

All subscription purchases are final and non-refundable, except as required by applicable law or Apple's refund policies. Refund requests related to App Store purchases must be submitted directly to Apple.

8. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict, or limit the availability of any content or portion of the Services at our sole discretion; (4) remove files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property.

9. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services, to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms.

If we terminate or suspend your account, you are prohibited from creating a new account under any name. Upon termination, your right to use the Services will immediately cease. Any accrued rewards points will be forfeited upon account termination for cause. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time at our sole discretion without notice. We will not be liable to you for any modification, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time without notice to you.

11. Governing Law

These Legal Terms shall be governed by and defined following the laws of the State of Texas, without regard to its conflict of law provisions. Long Night Labs LLC and yourself irrevocably consent that the courts of Travis County, Texas shall have exclusive jurisdiction to resolve any dispute in connection with these Legal Terms.

12. Dispute Resolution

Informal Negotiations

The parties agree to first attempt to negotiate any Dispute informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

If informal negotiation fails, the dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The seat of arbitration shall be Austin, Texas. Proceedings shall be in English and governed by Texas law.

Restrictions

Any arbitration shall be limited to the Dispute between the parties individually. No arbitration may be joined with any other proceeding, and there is no right to arbitrate on a class-action basis or in a representative capacity.

Exceptions

The following Disputes are not subject to arbitration: (a) disputes seeking to enforce or protect intellectual property rights; (b) disputes relating to theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.

13. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information on the Services at any time, without prior notice.

14. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICES ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE BEGINNING ANY EXERCISE PROGRAM.

15. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION OR $100.00.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party; or (5) any overt harmful act toward any other user of the Services.

17. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. We shall have no liability to you for any loss or corruption of any such data. For more information on how we handle your data, please review our Privacy Policy.

18. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

19. Apple App Store Terms

The following terms apply to any version of the Services accessed through the Apple App Store:

• These Legal Terms are concluded between you and Long Night Labs LLC only, and not with Apple, Inc. Long Night Labs LLC, not Apple, is solely responsible for the Services and their content.
• The license granted is limited to a non-transferable license to use the Services on Apple-branded products you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to furnish maintenance and support services with respect to the Services.
• In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple will have no other warranty obligation with respect to the Services.
• Long Night Labs LLC, not Apple, is responsible for addressing any product liability claims, regulatory claims, or consumer protection claims relating to the Services.
• Long Night Labs LLC, not Apple, is solely responsible for investigation, defense, settlement, and discharge of any intellectual property infringement claim.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Legal Terms and, upon your acceptance, have the right to enforce these Legal Terms against you.

20. Miscellaneous

These Legal Terms and any policies posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms.

21. Contact Us