Terms and Conditions of Use
Welcome to Daily Fitness Home Workout! Our service offers subscriptions that automatically renew. Before starting a trial or purchasing our apps with auto-renewal, please take the time to read these terms and conditions ("Terms"). To avoid unwanted charges, make sure to cancel your subscription at least 24 hours before the free trial or current subscription ends.
If you need assistance canceling your subscription or trial, depending on where you signed up, please visit Apple Support or contact our support team directly. Simply deleting the app won’t cancel your subscription or trial. We also provide information about our subscription policies at the point of purchase, so it is recommended to review this before completing your purchase. You might want to print this information for your records.
By using the App, you acknowledge that you have read and understood the terms of
the End User License Agreement (EULA) and Privacy Policy, and agree to be bound by them. The Privacy Policy is a
crucial component of the EULA. Please note that the App includes in-app purchases.
The content provided in these apps is intended for informational and educational purposes only.
THE INFORMATION PRESENTED SHOULD NOT BE CONSTRUED AS
MEDICAL ADVICE OR A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE CONSULTATION.
Always seek the guidance of your physician or a qualified health provider with any questions you may have regarding a medical condition or before making any changes to your diet, exercise, or healthcare routine.
Key Points to Consider:
BY ACCESSING AND READING THESE APPS, YOU ACKNOWLEDGE AND AGREE TO THIS DISCLAIMER.
YOUR USE OF THE INFORMATION PROVIDED IS AT YOUR OWN RISK, AND YOU AGREE TO RELEASE US FROM ANY LIABILITY RELATED TO YOUR HEALTH AND WELL-BEING.
3.1. To access certain features of the Service, you must register your Personal Data and provide the required information as indicated in the registration form.
3.2. By creating a profile, you confirm that all the registration information you provide is accurate and agree to keep it up to date. You must also ensure that your use of the Services complies with all applicable laws and these Terms. Failure to do so may affect the functionality of the Services and hinder our ability to contact you with important updates.
3.3. Please note that the Service is not intended for individuals under 16 years of age. By using the Service, you confirm that you meet this age requirement. Minors (typically under 18) must have parental or guardian consent and supervision to use the Services in their jurisdiction. If you are a minor, your parent or guardian must read and agree to these Terms before you can use the Services.
3.4. The Company reserves the right to suspend or terminate your profile or access to the Services, with or without notice, if these Terms are violated. It is your responsibility to keep your profile login information confidential and to take full responsibility for any actions taken under your profile. You agree to notify us immediately of any unauthorized use of your Personal Data or any security breaches. The Company will not be liable for any losses or damages resulting from your failure to meet these responsibilities.
4. Services
4.1. All text, images, logos, data, software, and materials presented in the Service are owned by us or by third parties.
4.2. We retain all rights, including Intellectual Property Rights. Any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of these materials is strictly prohibited unless explicitly allowed by these Terms. Providing the Services does not grant you or any third party any rights, title, or interest in our Intellectual Property.
4.3. The information you provide during registration, along with any data, text, or other materials you submit to the Application ("User Content"), remains your intellectual property. The Company does not claim ownership over your registration information or User Content. However, you agree that the Company may keep copies of this information and use it as necessary to operate the Services, as outlined in these Terms and the Privacy Policy.
4.4. You grant us a worldwide, transferable, irrevocable, non-exclusive, perpetual right to publish, distribute, publicly display, and perform your User Content in connection with the Services.
4.5. Subject to these Terms, we grant you a non-transferable, non-exclusive license to use the Service solely for your personal, non-commercial purposes and to install and use the Application only on your personal mobile device for the same non-commercial purposes.
4.6. You are responsible for ensuring that your use of the Service complies with all necessary licenses, agreements, and restrictions, and does not infringe on others' rights or violate legal obligations. You agree to follow all relevant laws and regulations and accept full responsibility for any violations.
4.7. It is your responsibility to obtain the necessary equipment and services to access the Services, including covering any costs related to hardware, internet access, and data charges.
4.8. We reserve the right to change the Services, including both free and paid features, at any time without prior notice. You acknowledge that these changes may temporarily or permanently limit your access to the Services and agree that we are not liable for any resulting consequences, including removal of Content or Services.
4.9. Your use of the Service is at your own risk, and we are not responsible for any damage to your system, loss of data, or other harm to you or third parties arising from your use of the Service or reliance on the information provided.
4.10. While we are not required to offer customer support, we may choose to provide it at our discretion. This could include assistance with the App Store, third-party ads, or interactions with other users.
5.1. The availability of the Application depends on third-party providers, such as the Apple App Store and other application stores (collectively referred to as "Application Stores" or individually as an "App Store").
5.2. You are responsible for any fees charged by the App Store for the Application. Your use of the Application requires compliance with all relevant agreements, terms of service, and policies of the App Store. It’s important to note that the App Store (including its affiliates) is considered a third-party beneficiary of these Terms and can enforce them.
5.3. The Service may contain links to websites or resources operated by third parties, as well as third-party advertisements (collectively "Third Party Advertisements"). The Company has no control over these advertisements and is not responsible for them. They are provided for your convenience only, and the Company does not endorse, monitor, or guarantee their content. Information in third-party advertisements may not always be accurate, and you assume all risks associated with using these websites or resources. When visiting a third-party site, you must comply with their terms and privacy practices. It’s your responsibility to conduct any necessary research before engaging in transactions with third parties. Any transactions or interactions related to third-party advertisements, such as payments and delivery, are strictly between you and the advertiser.
5.4. Each user is solely responsible for their User Content. We do not control User Content and are not liable for it. We do not guarantee the accuracy, currency, or quality of any User Content. Interactions with other users are solely your responsibility, and we are not liable for any resulting loss or damage. We are not obligated to mediate disputes between you and other users.
5.5. By using the Service, you agree to indemnify and hold us, along with our officers, employees, agents, and successors, harmless from any losses, damages, claims, and causes of action, including personal injury, death, and property damage, related to interactions with any app store, other users of the Service, or any third-party advertisements.
6.1. Some features of the Service may require a subscription fee. You can subscribe directly through the Company or the App Store by either: (1) paying a subscription fee in advance at regular intervals disclosed before purchase; or (2) prepaying for access to the Service for a specific period (collectively referred to as "Purchase").
6.2. We reserve the right to change the purchase price at any time, as allowed by law. We will inform you of any price changes by posting updated prices in the Apps and/or sending you an email notice or through other prominent means in advance. If you do not wish to accept the new fees, you may cancel your subscription before the changes take effect or choose not to prepay for the Services.
6.3. By providing your Payment Card information, you authorize us and the App Store to charge the applicable fees.
6.4. When signing up for certain subscriptions, you agree to automatic renewal. If you do not cancel your subscription, you authorize us and the App Store to charge you for the renewal. The renewal period will match your initial subscription period unless specified otherwise. Renewal rates will not exceed the previous subscription rates, excluding promotional prices unless we notify you of a rate change before renewal. You must follow the cancellation procedures to cancel your subscription. We do not offer refunds for any charges, nor do we prorate canceled subscriptions.
6.5. We may offer a free trial, which allows access to the Service for a specified period detailed during registration. If you do not cancel before the trial ends, or unless stated otherwise, your access will automatically renew, and you will be charged accordingly. It is your responsibility to track the end of the trial. We reserve the right to change or terminate any free trial offers or your access to the Services at our discretion, without prior notice or liability, and may limit the number of times you can use a free trial.
6.6. Your access to the Service will end after your subscribed payment period. Failure to pay fees may lead to termination of access without notice, although we will make reasonable efforts to inform you and resolve any issues.
6.7. Purchases made through the App Store are subject to its refund policy. Refunds will not be issued by us, so you should contact App Store support for assistance.
6.8. Once payment is made, purchases are final and non-refundable. By making a purchase, you acknowledge that refunds or exchanges are not available, although the Company may provide refunds or cancel purchases as required by law or at its discretion.
6.9. If you are a consumer in the European Economic Area or Switzerland, you automatically have the legal right to cancel your purchase contract. However, by purchasing a single piece of digital content (like a video or PDF), you agree that you will lose your right of withdrawal since that content is immediately available and will not be eligible for a refund. By registering for our ongoing services (like app subscriptions), you request and agree to immediate access. If you withdraw, we will deduct from your refund an amount proportional to the services provided before you notified us of your withdrawal.
6.10. We may display clear and prominent subscription terms on our websites and apps from time to time.
7.1. By using this service, you confirm that:
7.2 We may deny your access to the service now or in the future if any information you provide is false, inaccurate, outdated, or incomplete.
7.3 You may only use the service for its intended purpose, and not for any commercial activities unless we explicitly allow it.
7.4 As a user, you agree not to:
8. Additional Disclaimer of Warranties
a. Basic Disclaimer of Warranties
Unless required by law,
you understand and agree that using the service is at your own risk, and that the service and products are
provided "as is" and "as available." The company, along with its affiliates and employees,
disclaims all warranties, whether express or implied, including those of merchantability, fitness for a specific
purpose, and non-infringement. This applies to any products or services from businesses listed on the
service.
Specifically, the company does not guarantee:
You access materials through the service at your own risk and are responsible for any damage to your computer or mobile device, or loss of data that may occur. The company cannot promise specific results from using the application or services, and you accept the risk of service interruptions for any technical reasons.
b. No Recommendations for Services
Any statements about the
services are for informational and entertainment purposes only and should not replace professional advice in
financial, medical, legal, or other fields. The company makes no guarantees regarding the accuracy of any
information and disclaims liability for reliance on such information. If you have a specific issue that requires
professional guidance, consult a qualified expert.
c. Changes in Website Information and Services
The company
may change any information related to the service at its discretion and without notice. It can also modify or
discontinue the service, in whole or in part, at any time, with or without notice. You agree that the company is
not liable for any modifications, suspensions, or discontinuations of the service.
9. Scope of Responsibility
9.1. We (and our affiliates) are not liable for any lost profits or indirect, consequential, exemplary, incidental, special, or punitive damages related to these terms or your use—or inability to use—the services (including apps and content) or third-party ads, even if we were aware that such damages could occur. Your access to and use of the services (including applications, content, user content, and third-party ads) is at your own risk, and you are responsible for any damage to your computer system or data loss that may result.
9.2. Regardless of anything stated in these terms, you agree that our total liability to you for any claims related to your use of the application, content, services, or products will be limited to the amount you paid to us for accessing and using the services. This limitation on damages forms the basis of the agreement between you and the company.
9.3. If you reside in California, you waive your rights under California Civil Code Section 1542, which states that a general release does not cover claims that the releasing party is unaware of at the time of the release, and which, if known, could have affected their settlement with the other party.
9.4. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. You may also have additional legal rights that vary by jurisdiction.
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10. Indemnification
You agree to
protect and indemnify the Company, along with its successors, subsidiaries, affiliates, and related entities, as
well as their officers, directors, employees, agents, and representatives, from any claims or demands made by
third parties arising from (i) your use of the Services or Products, (ii) your User Content, or (iii) your
violation of these Terms. This includes covering their costs and attorney fees.
The Company has the right, at your expense, to take control of the defense for any claims you are required to indemnify us for, and you agree to assist in that defense. You also agree not to settle any claims without our prior written consent. We will make reasonable efforts to inform you of any such claims when we become aware of them.
11. International Use
The Company
does not guarantee that accessing or using the Service is legal in your jurisdiction. It is your responsibility to
ensure compliance with local laws, as accessing the Service where it is prohibited is illegal.
12. Waiver of Class Action
You waive
any right to resolve claims through class actions, joint actions, or in any form of representative action,
including arbitration or litigation on behalf of the public or other users. An arbitrator can only grant relief to
the individual making the claim and cannot provide relief to anyone who is not a party to the arbitration.
The arbitrator cannot consolidate claims from multiple individuals or oversee any class action. This waiver is a key part of the arbitration agreement and cannot be separated.
By agreeing to arbitration, you give up your right to a jury trial and limit your right to appeal, acknowledging that you are forfeiting other dispute resolution options, such as court proceedings. The arbitrator is not authorized to award punitive damages.
13. Consent to Share Consumption Data with Apple
By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.
14. Other Provisions
14.1. Any delay or failure on our part to exercise our rights due to your non-compliance with these Terms will not weaken those rights or be seen as a waiver. Similarly, exercising any right partially or temporarily does not prevent us from exercising that or any other right later. A waiver of any right regarding a specific breach by you does not mean we waive our rights for any future breaches of the same or any other terms.
14.2. If any provision of these Terms is deemed invalid or unenforceable under Section 13, the remaining provisions will still be in effect. The invalid provision will be adjusted to reflect the original intent of the parties as much as the law allows.
14.3. Unless explicitly stated otherwise, these Terms represent the complete agreement between you and the Company regarding the subject matter and replace all previous agreements or representations, whether written or spoken.
14.4. We may transfer or assign any of our rights and obligations under these Terms to anyone else in any manner, including through novation. By accepting these Terms, you consent to such transfers or assignments. You acknowledge that receiving a version of these Terms naming another party will serve as effective notice of the assignment of our rights and obligations.
14.5. All communications made through the Service are considered electronic. When you communicate with us through the Service or other electronic means, you are doing so electronically. You agree that we can communicate with you in this manner and that such communications, including notices and agreements, are equivalent to written communications. By clicking buttons like "Submit," "Continue," "Register," or "I Agree," you are providing a legally binding electronic signature and entering into a contract. You consent to the use of electronic signatures and the electronic delivery of notices and transaction records.
14.6. The Company is not liable for any failure to comply with these Terms if that failure is due to circumstances beyond its reasonable control.
15. Contact Information
If you have
any notices, questions about the Services and Products, or legal inquiries, you can reach us via at support@hmgames.au. By doing so, you acknowledge that you have read and agree to these terms.