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Terms of Service

Last Updated: December 16, 2025

1. Agreement to Terms

By accessing or using PushUp Tracking & Counter ("the App"), which is operated by EscapeTheMatrix.app ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the App.

2. Description of Service

PushUp Tracking & Counter is a mobile fitness application that uses on-device AI technology to track and count push-up exercises. The App provides:

• Real-time push-up counting using AI pose detection
• Workout session tracking and history
• Progress analytics and statistics
• Cloud synchronization of workout data
• Subscription-based premium features

3. Eligibility

You must be at least 13 years old to use this App. If you are under 18, you represent that you have your parent's or guardian's permission to use the App and that they have agreed to these Terms on your behalf.

By using the App, you represent and warrant that:

• You are of legal age to form a binding contract
• You have the authority to enter into these Terms
• Your use of the App will not violate any applicable law or regulation

4. Account Registration

To use certain features of the App, you must register for an account using Sign In with Apple. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

5. Use of the App

5.1 Permitted Use

You may use the App for personal, non-commercial purposes in accordance with these Terms and applicable laws.

5.2 Prohibited Uses

You agree not to:

• Use the App for any illegal purpose or in violation of any local, state, national, or international law
• Attempt to gain unauthorized access to the App or its related systems
• Interfere with or disrupt the App or servers connected to the App
• Reverse engineer, decompile, or disassemble the App
• Copy, modify, or create derivative works of the App
• Remove any copyright, trademark, or other proprietary notices from the App
• Use the App to transmit any viruses, malware, or other harmful code
• Use automated systems (bots, scrapers) to access the App
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

6. Subscription Services

6.1 Subscription Plans

The App offers subscription plans with the following features:

• Free Trial: 7-day free trial period for new users
• Monthly Subscription: $4.99 per month
• Annual Subscription: $29.99 per year (save 50%)

6.2 Subscription Terms

• Subscriptions are managed through Apple's App Store and are subject to Apple's terms and conditions
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• You can manage your subscription and cancel at any time through your Apple ID account settings
• No refunds will be provided for any unused portion of a subscription period
• We reserve the right to change subscription prices with 30 days' notice

6.3 Free Trial

If you start a free trial, you will be charged when the trial period ends unless you cancel before the trial expires. You can cancel at any time during the trial period without being charged.

7. Intellectual Property

The App and its original content, features, and functionality are owned by EscapeTheMatrix.app and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Reproduce, distribute, or create derivative works based on the App
• Use our trademarks, logos, or brand names without our written permission
• Remove or alter any copyright, trademark, or other proprietary notices

8. User Content

You retain ownership of any workout data and content you create using the App. By using the App, you grant us a license to:

• Store and process your workout data to provide the App's services
• Sync your data across your devices
• Generate analytics and progress reports

You are solely responsible for your content and data. We do not claim ownership of your workout data.

9. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or availability of the App

We do not warrant that:

• The App will be uninterrupted, secure, or error-free
• Defects will be corrected
• The App is free of viruses or other harmful components
• The rep counting will be 100% accurate in all conditions

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ESCAPETHEMATRIX.APP, PUSHUP TRACKER & COUNTER, ITS DEVELOPERS, OR ITS AFFILIATES BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the App
• Any injuries or health issues resulting from exercise or use of the App

Our total liability to you for all claims arising from or related to the App shall not exceed the amount you paid us in the 12 months preceding the claim, or $50, whichever is greater.

11. Health and Safety Disclaimer

• The App is not a medical device and should not be used for medical diagnosis or treatment
• Exercise may not be suitable for everyone
• Stop exercising immediately if you experience pain, dizziness, or discomfort
• Use the App in a safe environment with adequate space
• Ensure proper form and technique to prevent injury
• We are not responsible for any injuries that may occur while using the App

12. Indemnification

You agree to indemnify, defend, and hold harmless EscapeTheMatrix.app, PushUp Tracking & Counter, its developers, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Any injuries or damages resulting from your use of the App

13. Termination

We may terminate or suspend your account and access to the App immediately, without prior notice, for any reason, including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Request by law enforcement or government agencies
• Extended periods of inactivity

Upon termination, your right to use the App will cease immediately. You may terminate your account at any time by signing out and deleting the App.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the App is operated, without regard to its conflict of law provisions.

For users in the European Union, these Terms are governed by the laws of your country of residence.

16. Dispute Resolution

If you have any dispute with us, you agree to first contact us to seek a resolution. If we cannot resolve the dispute within 60 days, you agree to resolve disputes through binding arbitration or small claims court, as applicable in your jurisdiction.

17. Apple-Specific Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

• These Terms are between you and us, not Apple
• Apple is not responsible for the App or its content
• Apple has no obligation to provide 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 applicable)
• Apple is not responsible for addressing any claims relating to the App
• Apple is a third-party beneficiary of these Terms

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and EscapeTheMatrix.app regarding the use of the App and supersede all prior agreements and understandings.

20. Contact Information

21. Acknowledgment

By using PushUp Tracking & Counter, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.