1. Acknowledgement
This End User Licence Agreement (EULA) applies when you download, access, or use BeatYourBest, including the mobile application, website, features, content, and related services. By using BeatYourBest, you agree to this EULA. If you do not agree, you should not use the app.
This EULA is concluded between BeatYourBest and you, the End-User, only, and not with Apple Inc. (Apple). BeatYourBest, not Apple, is solely responsible for the Licensed Application and its content.
This EULA does not provide usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions as of the Effective Date. BeatYourBest acknowledges that it has had the opportunity to review the Apple Media Services Terms and Conditions.
2. Who can use BeatYourBest
BeatYourBest is designed for runners, parents, families, coaches, and training groups. If you use BeatYourBest for a child or young runner, you are responsible for making sure you have the authority to create, manage, or share that runner's profile information.
3. Age requirements
BeatYourBest is intended for users who are legally permitted to use the app in their country or region. If you create or manage a profile for a child or young runner, you confirm that you are the parent, guardian, or authorised adult responsible for that profile.
4. Scope of licence
BeatYourBest grants you a limited, non-exclusive, non-transferable licence to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
The Licensed Application may also be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing, where permitted by Apple and the applicable Apple Media Services Terms and Conditions.
5. Accounts and profile information
You are responsible for keeping your account details accurate and secure. BeatYourBest may allow you to create runner profiles, record runs, track personal bests, add sprint and distance events, and view progress history. You are responsible for the information you enter into the app.
6. Accuracy of information
BeatYourBest relies on information entered by users. We do not guarantee that recorded times, distances, statistics, or progress information will always be complete, accurate, or error free.
7. Health and training information
BeatYourBest is a progress tracking tool. It does not provide medical, health, coaching, or professional training advice. You should use your own judgment and seek advice from a qualified professional before starting or changing any exercise program, especially for children or anyone with health concerns.
You participate in running, training, and athletic activity at your own risk.
8. No guarantee
BeatYourBest does not guarantee athletic improvement, training outcomes, or performance results.
9. Sharing and family use
If BeatYourBest allows profile sharing, you should only share profiles with people you know and trust. You are responsible for choosing who can view or manage shared runner information.
10. Acceptable use
You must not misuse BeatYourBest, attempt to access another person's account without permission, upload harmful content, interfere with the app's operation, or use the service for unlawful, misleading, abusive, or harmful purposes.
11. Maintenance and support
BeatYourBest is solely responsible for providing any maintenance and support services for the Licensed Application as specified in this EULA or as required under applicable law.
BeatYourBest and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.
12. Warranty
BeatYourBest is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
If the Licensed Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Licensed Application to conform to any warranty will be BeatYourBest's sole responsibility, to the extent required by applicable law.
13. Product claims
BeatYourBest and you acknowledge that BeatYourBest, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application.
This includes, but is not limited to: product liability claims; any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation, including in connection with any applicable Apple frameworks or services used by the Licensed Application.
Nothing in this EULA limits BeatYourBest's liability to you beyond what is permitted by applicable law.
14. Intellectual property rights
BeatYourBest, including its name, logo, design, content, software, branding, graphics, and app features, is owned by BeatYourBest or its licensors.
You may not copy, reproduce, modify, distribute, reverse engineer, or use BeatYourBest content, software, or branding without permission, except where permitted by law.
BeatYourBest and you acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, BeatYourBest, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of that intellectual property infringement claim.
15. Legal compliance
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
16. Subscriptions, payments, and app stores
BeatYourBest may offer free and paid plans. Any paid features, subscriptions, refunds, cancellations, or billing issues may be handled through the Apple App Store, Google Play, or another payment provider, depending on where you subscribe.
Subscriptions may automatically renew unless cancelled through the applicable app store account settings before the end of the current billing period. Subscription pricing, billing, renewal, cancellation, and refund processes are governed by the applicable app store or payment provider.
17. Referral programs and promotions
BeatYourBest may offer referral programs, promotional offers, free trials, discounts, or other incentives from time to time. Eligibility requirements, reward amounts, and promotion terms may vary and may be changed or withdrawn at any time.
BeatYourBest reserves the right to withhold, cancel, modify, or reverse rewards, discounts, or promotional benefits where activity is suspected to be fraudulent, automated, duplicated, self-referred, misleading, abusive, or otherwise inconsistent with the intended operation of the promotion.
All decisions relating to referral and promotional programs are final, subject to applicable consumer laws.
18. Third-party platforms, services, and terms
Some features of BeatYourBest may rely on third-party platforms or services, including app stores, authentication providers, cloud hosting, analytics services, notification services, or payment providers.
You must comply with all applicable third-party terms of agreement when using BeatYourBest, including any applicable app store terms, payment provider terms, cloud service terms, wireless data service agreements, and device or platform terms.
19. Consumer rights
Nothing in this EULA is intended to exclude, restrict, or modify any rights you may have under applicable consumer protection laws, including the Australian Consumer Law where it applies.
20. App availability and changes
BeatYourBest may change, update, pause, or remove features over time. We aim to keep the app useful and reliable, but we do not guarantee that every feature will always be available or error free.
21. Beta or pre-release versions
Beta or pre-release versions of BeatYourBest may contain bugs, incomplete features, temporary issues, or unexpected behaviour. Such versions are provided on an "as is" basis, subject to any rights that cannot be excluded under applicable law.
22. Privacy
Our Privacy Policy explains how personal information is collected, stored, used, and disclosed. By using BeatYourBest, you acknowledge that your information will be handled in accordance with the Privacy Policy.
23. Suspension or termination
We may suspend or terminate access to BeatYourBest if we reasonably believe a user has breached this EULA, misused the service, or acted in a way that may harm the app, other users, or the community.
Users may stop using BeatYourBest at any time and may request account deletion in accordance with the Privacy Policy. Certain information, including account identifiers, referral records, transaction records, and security-related information, may be retained where reasonably necessary for fraud prevention, abuse prevention, dispute resolution, enforcement of this EULA, legal compliance, or legitimate business operations.
24. Limitation of liability
To the maximum extent permitted by law, BeatYourBest is not responsible for indirect, incidental, special, consequential, or punitive loss arising from your use of the app.
To the extent permitted by law, BeatYourBest's total liability arising from your use of the app will be limited to the amount paid by you, if any, for use of the service during the twelve months preceding the event giving rise to the claim.
Nothing in this EULA limits any rights or remedies that cannot legally be excluded under applicable law.
25. Apple as third-party beneficiary
BeatYourBest and you acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right, and will be deemed to have accepted the right, to enforce this EULA against you as a third-party beneficiary.
26. Governing law
This EULA is governed by the laws of Victoria, Australia. Any disputes relating to this EULA will be subject to the applicable courts and legal processes of that jurisdiction.
27. Changes to this EULA
We may update this EULA from time to time. If changes are significant, we will take reasonable steps to make the updated EULA available through the app or website.
Continued use of BeatYourBest after updated terms become effective constitutes acceptance of the revised EULA.
28. Developer name and contact
Developer: BeatYourBest
Email: support@beatyourbest.app
End-User questions, complaints, or claims with respect to the Licensed Application should be directed to the contact details above.