TitanLog (the "App") is licensed, not sold, to you by Yost Group LLC ("Licensor", "we", "us", or "our"). Your license to use the App is subject to your acceptance of this End User License Agreement ("Agreement"). By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the App.
The App is made available through Google Play and other Android distribution channels. This Agreement is between you and Licensor only, and not with Google. Licensor, not Google, is solely responsible for the App and its content. Licensor reserves all rights in and to the App not expressly granted to you under this Agreement.
01 Scope of License
Licensor grants you a personal, limited, nonexclusive, nontransferable, revocable license to download, install, and use the App on any Android device that you own or control, for your personal, non-commercial use, in accordance with this Agreement, the Google Play Terms of Service, and any applicable usage rules of the distribution channel you obtained the App from.
This Agreement governs any content, materials, or services accessible from or purchased within the App, as well as any updates that replace or supplement the original App, unless such update is accompanied by a separate agreement. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the App. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, decompile, modify, or create derivative works of the App or any part of it, except to the extent that such restriction is prohibited by applicable law or permitted by the licensing terms of any open-source components included with the App.
02 Health and Fitness Disclaimer
TitanLog is a fitness and workout tracking tool provided for general informational and record-keeping purposes only. It is not a medical device and does not provide medical advice, diagnosis, or treatment. The App is not a substitute for professional advice from a physician, certified trainer, or other qualified health provider.
You should consult a physician before beginning any exercise program, especially if you have a medical condition, are pregnant, or have any concern about your health. Exercise carries inherent risks, including injury. You assume all risk associated with your use of the App and any fitness activity you undertake. Any goals, recommendations, estimated values, or calculations the App displays are for general guidance only and are not guaranteed to be accurate. Stop exercising and seek medical attention if you experience pain, dizziness, or discomfort.
03 User Data and Privacy
You agree that Licensor may collect and use technical data and related information, including information about your device, operating system, and the App, gathered periodically to provide software updates, support, and other services related to the App. Licensor may use this information, in a form that does not personally identify you, to improve its products and services.
The App allows you to record workout, body, and fitness-related data. Your use of the App and our handling of any personal or health-related data are governed by our Privacy Policy, which is incorporated into this Agreement by reference. You are responsible for the accuracy of the data you enter and for maintaining your own backups of important data.
04 User Content
Any content you create or store in the App ("User Content") remains yours. You are solely responsible for your User Content and for ensuring you have the rights to use it. You agree not to use the App to create, store, or share content that is unlawful, infringing, abusive, or otherwise objectionable.
05 Subscriptions and In-App Purchases
The App may offer optional paid features, subscriptions, or in-app purchases processed through Google Play Billing. Prices, billing cycles, and renewal terms are presented at the point of purchase. Subscriptions renew automatically unless cancelled through your Google Play account before the end of the current period. Refunds are handled according to the Google Play refund policy and applicable law.
06 Termination
This Agreement is effective until terminated by you or Licensor. Your rights under this Agreement will terminate automatically, without notice, if you fail to comply with any of its terms. Upon termination, you must stop all use of the App and delete all copies. Sections relating to disclaimers, limitation of liability, and governing law survive termination.
07 External Services
The App may enable access to third-party services and websites ("External Services"). You use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and is not liable for them. You agree not to use the External Services in a way that infringes the rights of Licensor or any third party, or to harass, abuse, stalk, threaten, or defame any person or entity. External Services may not be available in all locations or languages. Licensor may change, suspend, remove, or restrict access to any External Service at any time without notice or liability to you.
08 No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
09 Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS (USD $50.00) OR THE AMOUNT YOU PAID FOR THE APP IN THE PRECEDING TWELVE MONTHS, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10 Export Compliance
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, the App may not be exported or re-exported into any U.S.-embargoed countries or to anyone on a U.S. Government denied-party list. By using the App, you represent and warrant that you are not located in any such country or on any such list.
11 Governing Law
This Agreement and your use of the App are governed by the laws of the State of California, USA, excluding its conflict-of-law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Mateo County, Woodside, CA, USA to resolve any dispute or claim arising from this Agreement. The United Nations Convention on Contracts for the International Sale of Goods is excluded from application to this Agreement. If you reside in the European Union, the United Kingdom, or another region with mandatory consumer protections, the governing law and forum shall be those of your usual place of residence.
12 Changes to This Agreement
Licensor may update this Agreement from time to time. The updated version will be indicated by a revised "Last updated" date and will be effective when posted. Your continued use of the App after changes take effect constitutes acceptance of the revised Agreement.
Questions?
If you have questions about this Agreement, reach out to us directly.
info@yost.group · Yost Group LLC · 38 Bear Glen Dr., Woodside, CA 94062