Exercise Snacks Terms and Conditions

    Last Updated: December 6, 2024

    1. Introduction

    Welcome to Exercise Snacks. These Terms and Conditions ("Terms") constitute a legally binding agreement between you and DKTK SLU ("we," "our," or "us") governing your use of the Exercise Snacks application and related services ("the App").

    2. Acceptance of Terms

    By downloading, installing, or using the App, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not use the App.

    3. Eligibility

    3.1. You must be at least 14 years old to use the App, as per Spanish law.

    3.2. If you are between 14 and 18 years old, you represent that you have your parent's or legal guardian's permission to use the App.

    4. Account Registration

    4.1. You may need to create an account to use certain features of the App.

    4.2. You agree to:

    • Provide accurate and complete information
    • Maintain the security of your account credentials
    • Promptly update any changes to your information
    • Accept responsibility for all activities that occur under your account

    4.3. We reserve the right to suspend or terminate accounts that violate these Terms.

    5. User Responsibilities

    5.1. You agree to:

    • Use the App in accordance with these Terms and applicable laws
    • Exercise caution and common sense when following exercise recommendations
    • Consult healthcare professionals before starting any exercise routine
    • Not share your account credentials with others
    • Not use the App for any unauthorized or illegal purpose

    5.2. You acknowledge that:

    • Exercise carries inherent risks
    • You are solely responsible for your physical wellbeing
    • The App's exercise suggestions are general recommendations
    • You should consult with your healthcare provider before implementing any exercise or lifestyle changes
    • You should consider your medical history, current health status, and any medications when using the App

    5.3. Health Disclaimer

    The content provided by Exercise Snacks is for informational purposes only and is not intended as medical advice, diagnosis, or treatment. The App does not provide medical advice, and the information provided should not be considered a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read or seen in the App.

    You acknowledge and agree that:

    • The App is not a medical device and does not provide medical advice
    • You are responsible for consulting with your healthcare provider before using the App
    • You use the App at your own risk and are responsible for your own health and safety
    • We are not responsible for any health problems that may result from using the App
    • You should stop using the App and seek medical attention if you experience any pain, discomfort, or other symptoms

    6. License and Intellectual Property

    6.1. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

    6.2. You may not:

    • Copy, modify, or create derivative works of the App
    • Reverse engineer, decompile, or disassemble the App
    • Remove any copyright or proprietary notices
    • Use the App for commercial purposes without our permission

    6.3. All intellectual property rights in the App remain our property.

    7. User Content

    7.1. You retain ownership of any content you submit to the App.

    7.2. You grant us a worldwide, non-exclusive, royalty-free license to use, store, and display your content for the purpose of providing and improving the App.

    7.3. You represent that your content:

    • Is accurate and not misleading
    • Does not violate any laws or third-party rights
    • Does not contain malicious code or harmful content

    8. Privacy and Data Protection

    8.1. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

    8.2. You consent to our data practices as described in the Privacy Policy.

    9. Subscription and Payments

    9.1. Some features may require a paid subscription.

    9.2. All prices are in euros and include applicable taxes.

    9.3. Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date.

    9.4. Refunds are provided in accordance with applicable EU consumer protection laws.

    10. Disclaimer of Warranties

    10.1. The App is provided "as is" and "as available" without warranties of any kind.

    10.2. We do not warrant that:

    • The App will be uninterrupted or error-free
    • Defects will be corrected
    • The App is free of harmful components
    • Exercise recommendations will be suitable for all users

    11. Limitation of Liability

    11.1. To the maximum extent permitted by law, we shall not be liable for:

    • Any indirect, incidental, special, or consequential damages
    • Any loss of profit, data, or business opportunity
    • Any physical injury or health issues related to exercise
    • Technical issues or loss of data

    11.2. Our total liability shall not exceed the amount you paid for the App in the 12 months preceding the claim.

    12. Indemnification

    You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your:

    • Violation of these Terms
    • Use of the App
    • User content
    • Violation of any laws or third-party rights

    13. Modifications

    13.1. We reserve the right to modify these Terms at any time.

    13.2. We will notify you of material changes through the App or via email.

    13.3. Your continued use of the App after changes constitutes acceptance of the modified Terms.

    14. Termination

    14.1. We may terminate or suspend your access to the App for any reason, including:

    • Violation of these Terms
    • Suspected fraudulent activity
    • Extended periods of inactivity
    • Upon your request

    14.2. Upon termination:

    • Your license to use the App ends
    • You must cease all use of the App
    • Applicable sections of these Terms survive

    15. Governing Law

    15.1. These Terms are governed by the laws of Spain.

    15.2. Any disputes shall be subject to the exclusive jurisdiction of the courts of Spain.

    16. Severability

    If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

    17. Contact Information

    For questions about these Terms, contact us at:

    Email: [email protected]
    Address: DKTK SLU, Carretera de Rubí 88 Bajos Iz. Módulo 1, 08174 Sant Cugat del Vallès, Barcelona, España

    18. Consumer Rights

    Nothing in these Terms affects your statutory rights as a consumer under applicable law.