Terms of Service
Welcome to Everground! These Terms of Service ("Terms") govern your use of our website, application, or services (collectively, the "Service") provided byEverground ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
If you downloaded the Everground app from the Apple App Store, Apple's Licensed Application End User License Agreement governs your license to the app, and these Terms apply in addition to it. On all other platforms, these Terms act as the end user license agreement. The app is licensed, not sold, to you. We reserve all rights in the Service that these Terms do not expressly grant to you.
1. Eligibility
You must be at least 13 years old to use the Service. By using the Service, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.
2. User Accounts
- You may need to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials.
- You agree to provide accurate and complete information when creating your account and to update it as necessary.
- You are responsible for all activities that occur under your account.
3. License to Use the App
- We grant you a personal, nontransferable, non-exclusive license to use the Everground app on devices that you own or control, as permitted by the usage rules of the store from which you obtained it (the App Store or Google Play).
- This license also covers any content, features, or services that you access or purchase within the app, and any updates that replace or supplement the app.
- You may not transfer, redistribute, or sublicense the app, or make it available over a network where multiple devices could use it at the same time.
- You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the app, except where applicable law or the license terms of any open-source components in the app permit it.
4. Acceptable Use
You agree not to:
- Use the Service for any illegal or unauthorized purpose.
- Post or share content that is harmful, offensive, or infringes on the rights of others.
- Use the Service to harass, abuse, stalk, threaten, or defame any person or entity.
- Attempt to interfere with the Service's functionality, security, or integrity.
5. Subscriptions and Payments
- Some features of the Service require a paid subscription. The price and billing period are shown before you confirm the purchase.
- Payment is charged to your App Store or Google Play account when you confirm the purchase. The store processes the payment under its own terms.
- Your subscription renews automatically at the end of each billing period, at the then-current price, unless you cancel it at least 24 hours before the end of the current period.
- You can manage or cancel your subscription in the subscription settings of your App Store or Google Play account. Deleting the app or your account does not cancel the subscription.
- If a subscription offer includes a free trial, any unused part of the trial ends when you purchase a subscription. If you do not cancel before the trial ends, the paid subscription starts automatically.
- If you cancel, you keep access until the end of the current billing period. Refunds are handled by Apple or Google under their refund policies. We cannot issue refunds for store purchases.
- If you are a consumer in the European Union, you have a right to withdraw from a purchase within 14 days. When you ask for immediate access to the paid features at checkout, you acknowledge that this right ends once access begins, as applicable law permits.
6. Content Ownership
- You retain ownership of any content you upload or create through the Service ("User Content").
- By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute it solely to provide and improve the Service.
- We reserve the right to remove any User Content that violates these Terms.
7. Intellectual Property
All content, trademarks, and materials provided by us on the Service (excluding User Content) are owned by or licensed to us and are protected by intellectual property laws.
8. Use of Data
We collect and use technical data and related information about your device, system, and app software to provide updates, support, and other services related to the Service. Our Privacy Policy describes what we collect and how we use it.
9. Health and Fitness
- The Service provides workouts and fitness information for general informational purposes only. It is not medical advice and does not replace a consultation with a doctor or other qualified professional.
- Consult a doctor before you start any exercise program, especially if you have a medical condition or an injury.
- You exercise at your own risk. Stop immediately if you feel pain, dizziness, or discomfort.
10. External Services
- The Service may give access to our own or third-party services and websites ("External Services"). You use External Services at your own risk. We are not responsible for the content or accuracy of third-party External Services.
- External Services may not be available in all languages or in all countries. If you use them, you are responsible for compliance with any applicable laws.
- We may change, suspend, remove, or restrict access to any External Services at any time without notice or liability to you.
11. Termination
- These Terms are effective until terminated by you or us. Your rights under these Terms end automatically if you fail to comply with any of them.
- We may suspend or terminate your access to the Service at our discretion, with or without notice, for any violation of these Terms.
- You may terminate your account at any time by following the instructions on the Service.
12. Disclaimer of Warranties
You use the Service at your own risk. To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available," with all faults and without warranties of any kind, express, implied, or statutory, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or secure. No oral or written information or advice from us creates a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limits on the statutory rights of a consumer, so these exclusions may not apply to you.
13. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, loss of data, or business interruption, arising from your use of or inability to use the Service, however caused and even if we were advised of the possibility of such damages. Our total liability to you for all damages shall not exceed the greater of the amount you paid for the Service in the 12 months before the claim or fifty euros (€50). Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited under applicable law.
14. Export and Sanctions
You may not use, export, or re-export the app except as authorized by the laws of the United States, the European Union, and the jurisdiction in which you obtained it. By using the Service, you represent that you are not located in a country subject to a U.S. or EU embargo, and that you are not on any U.S. or EU list of prohibited or restricted parties.
15. Additional Terms for the App Store
If you downloaded the app from the Apple App Store, the following terms also apply:
- These Terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the app and its content.
- Your license is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- We, not Apple, are solely responsible for any maintenance and support of the app. Apple has no obligation to provide maintenance or support.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
- We, not Apple, are responsible for addressing any claims by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar laws.
- If a third party claims that the app infringes its intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of that claim.
- You must comply with any applicable third-party terms when you use the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right to enforce them against you as a third-party beneficiary.
16. Changes to These Terms
We may update these Terms from time to time. We will notify you of significant changes by posting the updated Terms on the Service or through other reasonable means. Your continued use of the Service after such changes constitutes acceptance of the new Terms.
17. Governing Law
These Terms are governed by the laws of Portugal, EU, without regard to conflict of law principles. If you are a consumer and a resident of a European Union country, Switzerland, Norway, or Iceland, the laws and courts of your usual place of residence apply, and you keep the protection of the mandatory consumer laws of that country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
18. Contact Us
If you have questions, complaints, or claims about these Terms or the app, please contact us at [email protected].