kovaaDraft for legal review. Fill in the company details and governing law, and have these terms reviewed by a lawyer before launch. If you upload them to App Store Connect as a custom EULA, keep the "Apple" section.
1. About these terms
These terms are an agreement between you and [Company legal name] ("kovaa", "we") for the kovaa app on iPhone and Apple Watch (the "App"). By downloading or using the App you agree to them. If you don't agree, don't use the App. You must be at least 16 years old, and old enough to enter a contract where you live.
2. Health and safety
kovaa plans training. It isn't medical advice and doesn't diagnose, treat or prevent any condition. Training for endurance events is physically demanding and carries real risks, including injury, illness and, rarely, serious heart problems.
- Talk to a doctor before you start, especially if you have a heart condition, high blood pressure, chest pain, dizziness, a recent injury or illness, are pregnant, or answered yes to any health question in setup.
- Plans, targets, readiness scores and coaching text are generated automatically from the information you and your devices provide. They can be wrong. Sensor and Health data can be inaccurate.
- Listen to your body. Stop and seek medical help if you feel pain, faintness, shortness of breath or chest discomfort.
- Open-water swimming, cycling on roads and running in traffic have their own risks. Follow local rules, train with others where you can, and use proper safety equipment.
You take part in any training at your own risk and are responsible for deciding whether a session is right for you.
3. Subscriptions and free trial
- kovaa Pro is an auto-renewing subscription, sold monthly ($12.99) or yearly ($99) in US dollars, or the equivalent shown in your App Store. New subscribers get a 14-day free trial.
- Payment is charged to your Apple Account when the free trial ends. The subscription renews automatically at the end of each period unless you cancel at least 24 hours before it ends. Your account is charged for renewal within the 24 hours before the period ends.
- Manage or cancel your subscription in your Apple Account settings on your iPhone. Canceling stops future renewals; you keep access until the end of the period you've paid for.
- Purchases are handled by Apple and are subject to Apple's terms. Refund requests go to Apple.
- If your subscription ends, your plan pauses. Your data stays on your iPhone, and you can still export or erase it.
- We may change prices. Changes apply from your next renewal, and Apple will tell you in advance where required.
4. Your license to use the App
We give you a personal, non-exclusive, non-transferable license to use the App on Apple devices you own or control, as allowed by the App Store's Usage Rules. You may not copy, modify, reverse-engineer, resell or redistribute the App, or use it to build a competing product, except where the law lets you.
5. Your data
Your plan, history and settings are stored on your device, and you're responsible for keeping backups. See the Privacy Policy for how the App handles information.
6. Changes to the App
We may update, change or stop features of the App. We'll try to give notice of significant changes.
7. Apple
- These terms are between you and kovaa only, not Apple. kovaa, not Apple, is responsible for the App and its content.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- kovaa, not Apple, is responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
- If anyone claims the App infringes their intellectual property, kovaa, not Apple, is responsible for the investigation, defense, settlement and discharge of that claim.
- You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties.
- You must comply with any third-party terms that apply when using the App.
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
8. Disclaimers and liability
To the extent the law allows, the App is provided "as is" without warranties of any kind, and we are not liable for any indirect, incidental or consequential loss, or for injury arising from training you choose to do. Our total liability to you is limited to the amount you paid for the App in the twelve months before the claim. Nothing in these terms limits liability that can't be limited by law, such as for death or personal injury caused by negligence, or your statutory rights as a consumer.
9. Ending these terms
You can stop using the App at any time by deleting it. We may end your license if you break these terms.
10. Governing law
These terms are governed by the laws of [state/country], unless the law where you live says otherwise.
11. Changes and contact
We may update these terms. If the changes are significant, we'll tell you in the App before they apply. Questions: support@kovaasport.com, [Company legal name], [Registered address].