Emberlap Terms of Service

Last updated: [pending legal-reviewed publication]

1. Acceptance

By downloading, installing, or using the Emberlap app, you agree to these Terms of Service. If you do not agree, do not use the app.

2. License

Emberlap grants you a limited, non-exclusive, non-transferable, revocable license to use the app on Apple devices you personally own or control, subject to Apple’s standard End User License Agreement (Apple Media Services Terms and Conditions and the Licensed Application End User License Agreement). The Pro Unlock in-app purchase, when available, grants the additional features described in the App Store listing for the lifetime of the Apple ID associated with the purchase.

3. Prohibited uses

You may not:

• Reverse engineer, decompile, or disassemble the app, except as expressly permitted by applicable law.
• Redistribute, resell, sublicense, or transfer your access.
• Use the app for any commercial purpose without prior written agreement.
• Use the app in any manner that violates applicable law.

4. Health and fitness disclaimer

Emberlap is not a medical device, and the data and prompts it provides are not medical advice. The app displays your heart rate as reported by Apple Watch and prompts effort changes during interval workouts. Heart-rate readings from consumer wearables are not always accurate and should not be used to diagnose or treat any condition.

Consult a qualified physician before starting any exercise program, especially if you have a history of heart conditions, high blood pressure, joint issues, or any other condition that exercise may affect. Stop using the app immediately and seek medical attention if you experience chest pain, dizziness, shortness of breath, or any other concerning symptom during a workout. Use of the app is at your own risk.

5. Disclaimer of warranties

Emberlap is provided “as is” and “as available,” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or correctness. We do not warrant that the app will meet your fitness goals, will be uninterrupted or error-free, or that any defects will be corrected.

6. Limitation of liability

To the maximum extent permitted by applicable law, Emberlap and its developer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or personal injury, arising from your use of the app — even if advised of the possibility of such damages. Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

7. Termination

We may terminate or suspend your access to the app at any time, with or without notice, for any reason, including violation of these Terms. You may terminate by uninstalling the app.

8. Governing law

These Terms are governed by the laws of the Republic of Costa Rica, without regard to conflict-of-law principles. Any dispute arising from these Terms or your use of the app shall be resolved in the courts of San José, Costa Rica.

If you are a consumer in the European Union, the United Kingdom, the United States, Canada, Brazil, or any other jurisdiction with consumer-protection laws that grant rights non-waivable by contract, those laws apply notwithstanding the choice of Costa Rican law above. The Costa Rican governing-law clause does not deprive you of those local consumer rights.

9. Changes to these Terms

We may update these Terms as the app evolves. The “Last updated” date reflects the most recent change. Material changes will be announced via the app or this website. Your continued use of the app after a change constitutes acceptance of the updated Terms.

10. Contact

Questions: info@emberlap.com.