Terms and Conditions

1. Acceptance of Terms

By creating an account or otherwise accessing or using Zirv Fitness Tracking (the "Service"), you represent that you have read, understood, and accept these Terms and our Privacy Policy, which together constitute a binding agreement between you and Zirv. If you do not agree to these Terms, you must not access or use the Service.

2. User Accounts and Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

3. User Responsibilities and Conduct

When using the Service, you undertake not to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Upload or transmit viruses or malicious code
• Attempt to gain unauthorized access to the Service or other users' accounts
• Harass, abuse, or harm other users
• Use the Service for any commercial purposes without authorization
• Impersonate any person or entity

4. Health and Fitness Disclaimer

5. Intellectual Property Rights

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, images, and software, are owned by Zirv Fitness Tracking and are protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

6. User-Generated Content

You retain all ownership and intellectual property rights in any content you create, submit, or upload to the Service ("User Content"). By submitting User Content, you grant Zirv a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify (solely as necessary for technical operation), display, and otherwise use your User Content for the purposes of operating, providing, and improving the Service. This license terminates when you remove the relevant User Content or close your account, except to the extent retention is required by law or for legitimate backup purposes.

You represent and warrant that (a) you own or have all rights, licenses, and consents necessary to grant the foregoing license, and (b) your User Content does not infringe or otherwise violate the intellectual property, privacy, publicity, or other rights of any third party, nor any applicable law.

7. Privacy and Data Protection

Our processing of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Service, you acknowledge that you have read the Privacy Policy and that your personal data will be processed as described therein.

8. Service Availability and Modifications

We will use reasonable efforts to make the Service available, but we do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components. We reserve the right to modify, suspend, or discontinue the Service or any feature thereof, in whole or in part, at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, except where mandatory law provides otherwise.

9. Subscriptions and Payments

The Service is offered on both free and paid subscription tiers. By subscribing to a paid plan, you agree to the following terms:

• Subscription fees are billed in advance on a recurring basis according to the billing cycle you select
• Prices are subject to change with reasonable notice; continued use after a price change constitutes acceptance
• You may cancel your subscription at any time through your account settings or the platform through which you subscribed (e.g., Apple App Store)
• Upon cancellation, you will retain access to paid features until the end of your current billing period
• Refunds are governed by the refund policies of the platform through which the purchase was made (e.g., the Apple App Store). Where you are a consumer resident in the European Union, your statutory right of withdrawal under Directive 2011/83/EU may apply; however, by activating digital content or subscription access before the expiry of the fourteen (14) day withdrawal period, you expressly request immediate performance and acknowledge that you lose your right of withdrawal pursuant to Article 16(m) of that Directive
• Free tier accounts are subject to feature and usage limitations as described on our pricing page

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZIRV FITNESS TRACKING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION.

11. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Zirv Fitness Tracking and its affiliates, officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your wilful or grossly negligent breach of these Terms, (b) your User Content, or (c) your violation of any applicable law or third-party right. This Section does not apply where prohibited by mandatory consumer protection law in your country of residence.

12. Termination

We may suspend or terminate your access to the Service, in whole or in part, with or without notice, where we reasonably believe that (a) you have materially breached these Terms, (b) your conduct is unlawful or harmful to other users, third parties, or us, or (c) suspension or termination is required by applicable law or by order of a competent authority. You may terminate your account at any time through your account settings. Upon termination, the rights and licenses granted to you under these Terms shall immediately cease, save for any provisions which by their nature are intended to survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Denmark, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The competent courts of Denmark shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or the Service. If you are a consumer resident in the European Economic Area (EEA), nothing in this Section deprives you of the protection afforded by the mandatory consumer protection laws of your country of habitual residence, including your right to bring proceedings before, or be sued in, the courts of that country pursuant to Regulation (EU) No 1215/2012 (Brussels I bis). EU consumers may also lodge a complaint via the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.

14. Changes to Terms

We reserve the right to amend these Terms from time to time. Material amendments will be notified to you by posting the updated Terms on this page and updating the "Last Updated" date and, where required by applicable law or where the change adversely affects your rights, by direct notification (such as email) at least thirty (30) days before the amendment takes effect. Your continued use of the Service following the effective date of any amendment constitutes acceptance of the amended Terms. If you do not agree to the amended Terms, you must discontinue use of the Service.

15. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a competent court or authority, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if no such modification is possible, severed from these Terms; the remaining provisions shall continue in full force and effect.

16. Contact Information

For any questions concerning these Terms and Conditions, please visit our contact page.