Legal

FastZone End User License Agreement

Effective date: [[EFFECTIVE_DATE]]

This End User License Agreement (this "EULA" or "Agreement") is a binding agreement between you ("you" or the "user") and [[LEGAL_ENTITY]] ("we", "us", or "our"), the operator of the FastZone mobile application together with its related software, content, and updates (the "App" or the "Licensed Application").

By downloading, installing, or using the App, you agree to this Agreement. If you do not agree, do not download, install, or use the App. Your use of the App is also governed by our Terms of Service and our Privacy Policy, each of which is incorporated into this Agreement by reference. The dispute-resolution, arbitration, and class-action-waiver terms in the Terms of Service apply only where you have affirmatively assented to the Terms of Service in the App, and are subject to the consumer carve-outs described in Section 17 below. If there is a conflict between this Agreement and the Terms of Service, the Terms of Service control to the extent of that conflict, except where a term of this Agreement is required by Apple or Google for distribution of the App.

The App is a calm, informational fasting and routine companion. It provides general information and self-tracking tools only. It is not medical advice, it is not a substitute for advice from a qualified health professional, and it creates no professional relationship between you and us. Please consult a qualified health professional before starting any fasting or weight routine, especially if you are pregnant, nursing, under 18, or have any health concerns. You understand that fasting and weight routines carry inherent risks, and you voluntarily assume those risks when you choose to use the App. Further assumption-of-risk acknowledgements are set out in the Terms of Service.

The App is intended for adults. It is not directed to children, and we do not knowingly collect personal information from children under 13 (or under 16 where a higher age applies in your country). If you are below the applicable age, do not use the App.

1. License grant

Subject to your continued compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the App, in object-code form only, on devices that you own or control as permitted by the applicable store Usage Rules and by Section 4, solely for your personal, non-commercial use.

This is a license, not a sale. We and our licensors retain all right, title, and interest in and to the App, including all intellectual property rights. No rights are granted to you other than those expressly set out in this Agreement.

2. License restrictions

You will not, and will not permit any third party to:

1. copy, modify, adapt, translate, or create derivative works of the App, except as expressly permitted by this Agreement or by applicable law that cannot be waived by contract;
2. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the App, except to the limited extent applicable law expressly permits despite this limitation;
3. rent, lease, lend, sell, resell, sublicense, distribute, assign, or otherwise transfer the App or your license to it;
4. remove, alter, or obscure any proprietary notice (including copyright or trademark notices) on or in the App;
5. use the App in any way that infringes the rights of others, violates any applicable law, or is fraudulent, harmful, or abusive;
6. circumvent, disable, or interfere with any security, entitlement, rate-limiting, or access-control feature of the App, or access the App other than through the interfaces we provide;
7. use any automated means (such as scrapers, bots, or scripts) to access, extract, or harvest data from the App or its servers, or place an unreasonable load on our infrastructure; or
8. use the App, or any content, data, or output obtained from it, to build or train a competing product or service, including by using automated means to extract data for that purpose, except to the extent this restriction is prohibited by mandatory applicable law.

Any use of the App not expressly authorized by this Agreement is prohibited.

3. Acknowledgement: Apple and Google are not a party

This Agreement is concluded between you and [[LEGAL_ENTITY]] only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). We, and not Apple or Google, are solely responsible for the App and its content.

Apple and Google have no obligation whatsoever to furnish any support or maintenance for the App, and have no responsibility for any claim relating to the App or your possession or use of it. Apple and Google are not responsible for the App, and to the maximum extent permitted by applicable law they will have no warranty obligation whatsoever with respect to the App.

The use of the App acquired through the Apple App Store is also subject to the Usage Rules in the Apple Media Services Terms and Conditions. The use of the App acquired through Google Play is also subject to the Google Play Terms of Service and the applicable Google Play usage rules. You represent that you have read and agree to those rules.

4. Scope of license

The license granted in Section 1 is limited to a non-transferable license to use the App:

1. for the App acquired from the Apple App Store, on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where those features are enabled; and
2. for the App acquired from Google Play, on Android devices that you own or control, and as permitted by the Google Play usage rules.

Family Sharing, volume purchasing, and similar store features cover the App license only. They do not give any other person access to your FastZone account or to your private data. Each FastZone account, and the data in it, remains private to that account; the App does not share your fasting, check-in, weight, or health data with any other user.

You may not make the App available over a network where it could be used by multiple devices at the same time other than as the applicable store usage rules permit. You may not transfer, distribute, or make the App available to any third party.

5. Maintenance and support

[[LEGAL_ENTITY]] is solely responsible for providing any maintenance and support services for the App, to the extent we elect to provide them and as may be required under applicable law. You can reach us for support at [[SUPPORT_EMAIL]].

You acknowledge that neither Apple nor Google has any obligation whatsoever to furnish any maintenance or support services with respect to the App.

6. Warranty disclaimer, refunds, and statutory rights

6.1 As-is

To the maximum extent permitted by applicable law, the App is provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind. We disclaim all warranties and conditions, whether express, implied, or statutory, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components, or that any data or insight presented in the App is accurate or complete. Insights in the App are produced by deterministic, rules-based calculations over your own data; they are not artificial intelligence, and they are informational only and are not advice from a qualified health professional.

6.2 Apple refund for failure to conform

We, and not Apple, are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed above. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility, as between you and Apple.

6.3 Google Play refunds

For the App acquired through Google Play, refunds (if any) are handled by Google under the Google Play refund policy, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility, as between you and Google.

6.4 Non-excludable statutory rights

Some jurisdictions do not allow the exclusion of certain warranties or statutory rights. If you are a consumer, nothing in this Section excludes or limits the statutory quality rights you have for digital content and digital services (including that they be of satisfactory quality, fit for purpose, and as described), or any other rights that cannot be excluded or limited under the mandatory law of your country of residence. Those rights are not affected by this Agreement and cannot be waived by contract.

7. Product claims

[[LEGAL_ENTITY]], and not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including, but not limited to:

1. product-liability claims;
2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer-protection, privacy, or similar laws, including in connection with the App's use of any framework that, with your per-category permission, reads health and fitness data and stores it in your own private account.

This Section does not enlarge our liability beyond the limitations stated elsewhere in this Agreement and the Terms of Service.

8. Intellectual property claims

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, [[LEGAL_ENTITY]], and not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by this Agreement and applicable law.

9. Legal compliance and export

You represent and warrant that:

1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and
2. you are not listed on any U.S. Government list of prohibited or restricted parties.

You also agree to comply with all applicable third-party terms of agreement and all applicable local, national, and international laws and regulations when using the App.

10. Developer name, address, and contact

This App is provided by:

[[LEGAL_ENTITY]] [[LEGAL_ENTITY_ADDRESS]] Support and inquiries: [[SUPPORT_EMAIL]]

Any questions, complaints, or claims with respect to the App should be directed to the contact above.

11. Third-party terms

You acknowledge and agree that you must comply with applicable third-party terms of agreement when using the App. For example, your wireless data-service agreement applies when you use the App over a mobile network, and the terms of any sign-in, payment, health-data, or notification service you choose to use with the App apply to that use. Where you sign in using Apple or Google, that sign-in is governed by the applicable Apple or Google terms. We are not responsible for any third-party service, and your use of any third-party service is at your own risk and subject to that third party's terms.

12. Apple and Google as third-party beneficiaries

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of it.

Your use of the App acquired through Google Play is subject to the Google Play Terms of Service and the applicable Google Play usage rules, and Google's rights with respect to the App are governed by those Google terms.

13. Subscriptions and store billing

Some features of the App are offered through auto-renewing subscriptions. The App is free to download; subscriptions are optional.

Current subscription options are:

• Annual — US$49.99 per year, with a 7-day free trial for eligible new subscribers; and
• Weekly — US$4.99 per week.

There is no monthly plan. Prices may vary by region and may change; the full price, billing period, any free-trial terms, and the automatic-renewal terms are always presented clearly before you purchase, with the total amount you will be billed shown prominently. A subscription automatically renews for the same period at the then-current price unless you turn off auto-renewal at least 24 hours before the end of the current period. If a free trial is offered, any unused portion is forfeited when you purchase the subscription, where the store applies that rule.

Subscriptions are billed by, and renew through, the Apple App Store or Google Play to your store account. We do not receive or process your payment-card data; Apple or Google handles payment.

Managing or cancelling your subscription. You can manage or cancel a subscription at any time in your store account settings:

• on iOS: open the App Store subscription settings (for example, at itms-apps://apps.apple.com/account/subscriptions); and
• on Android: open https://play.google.com/store/account/subscriptions.

Cancellation takes effect at the end of the current billing period, and is at least as easy as signing up.

Deleting your FastZone account does not cancel or refund your store subscription — you must cancel separately in your store subscription settings using the steps above. Refunds for store purchases are handled by Apple or Google under their policies. Additional subscription, trial, renewal, cancellation, and (for consumers in the EEA and UK) withdrawal terms are set out in the Terms of Service.

For consumers in the EEA and UK, you may have a 14-day right to withdraw from a distance contract for digital services. By starting a paid subscription or a free trial that begins immediately, you expressly request that we begin providing the service during the withdrawal period and acknowledge that you thereby lose, or have limited on a pro-rata basis, your right of withdrawal once the service has been fully performed, as described in the Terms of Service.

14. Limitation of liability

To the maximum extent permitted by applicable law, in no event will [[LEGAL_ENTITY]] be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to the App or this Agreement. Our total aggregate liability arising out of or relating to the App or this Agreement will not exceed the greater of (a) the total amounts you paid for the App or for App subscriptions in the twelve months before the event giving rise to the liability (whether paid to us, or to Apple or Google on our behalf), or (b) US$100.

Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation. If you are a consumer, you have statutory rights that this Agreement does not affect, and the limitations in this Section apply only to the extent permitted by the mandatory law of your country of residence. Further disclaimers, assumption-of-risk acknowledgements, and dispute-resolution terms are set out in the Terms of Service.

15. Updates and changes

We may from time to time issue updated versions of the App, and may automatically update the version installed on your device. This Agreement governs any updates that replace or supplement the App, unless a separate license accompanies an update, in which case that license governs.

We may also modify this Agreement to reflect changes in the App, our service providers, or applicable law. We will provide notice of changes through the App or by other reasonable means. If a change materially reduces your rights or increases your obligations, we will give you advance notice and, where required by law, obtain your affirmative consent before that change applies to you; otherwise you may reject the change by ceasing to use the App, and the change will not apply retroactively to a dispute that has already arisen. For non-material changes, your continued use of the App after the change takes effect constitutes your acceptance of the updated Agreement. If you do not agree to a change, you must stop using the App.

16. Termination

This Agreement is effective until terminated. Your license and rights under this Agreement terminate automatically, without notice, if you breach any of its terms. We may also suspend or terminate your license if required by law or by Apple or Google. You may terminate this Agreement at any time by deleting the App from your devices and discontinuing all use. On termination, you must stop all use of the App and delete all copies in your possession or control.

Terminating this Agreement or deleting the App does not cancel any store subscription; you must cancel separately as described in Section 13. Sections that by their nature should survive termination (including Sections 2, 3, and 6 through 14, and Section 17) will survive.

17. General

1. Governing law and consumer carve-out. This Agreement is governed as set out in the Terms of Service, subject to any mandatory consumer-protection law of your country of residence that applies despite that choice. If you are a consumer resident in the EEA or the UK, any arbitration, class-action-waiver, and U.S.-forum or U.S.-governing-law provisions in the Terms of Service do not apply to you; you may bring proceedings in the courts of your country of residence, and the mandatory consumer law of that country applies to you and is not waived by this Agreement.
2. Privacy and your data. Your privacy rights, and the ways to exercise them, are described in the Privacy Policy. The App provides an in-app option to export your own data and an in-app option to permanently delete your account and the data associated with it; account deletion is also available through the web address stated in the Privacy Policy. Account deletion does not cancel any store subscription (see Section 13).
3. Severability. If any provision of this Agreement is held unenforceable, that provision will be modified to the minimum extent necessary, or severed, and the remaining provisions will remain in full force and effect.
4. No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
5. Assignment. You may not assign or transfer this Agreement or your license. We may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
6. Entire agreement. This Agreement, together with the Terms of Service and the Privacy Policy, is the entire agreement between you and us regarding the App and supersedes all prior understandings on that subject.

For general information, not medical advice. Talk to a qualified professional if you have concerns.