Terms of Service
Last Updated: 20 March 2023
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the “Ripletic | Workout Tracker” mobile application (the "Service") operated by “RIPLETIC PTY LTD” ("us", "we", "our", or “ours“).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Account Registration
To access certain features of the Service, you may be required to register for an account. When registering, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
2. License to Use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Service on a mobile device that you own or control solely for your personal, non-commercial use.
3. User Conduct
You agree not to use the Service in any way that is unlawful, harassing, abusive, threatening, defamatory, libelous, or invasive of another's privacy. You also agree not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
4. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of ours and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
5. Third-Party Services
The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or service
6. Limitation of Liability
In no event shall we, our directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
7. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to 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 our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
8. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
9. Your Health
Use of the Service and all related services is at your own risk. You agree that Service is not providing Medical Advice via the services. Before using the services, if you have knowledge of any pre-existing medical conditions, please seek medical advice from a doctor. You expressly agree that any exercise activity performed or tracked using Service carry inherent risks of injury or death and you assume all known and unknown risks associated with any exercise activity even if caused in whole or part by the action, inaction or negligence of Service or others, including other Strong users. Service shall not be held liable for any damages, indirect or direct, related to or resulting from any use of the services, including injury or death.
10. AI-Generated Exercise Instructions Disclaimer
The exercise instructions provided within our Service are generated using artificial intelligence (AI). While we strive to ensure the accuracy and effectiveness of the instructions, we do not guarantee the correctness, completeness, or suitability of the AI-generated instructions for any particular individual or circumstance.
You acknowledge and agree that you are solely responsible for conducting your own research and consulting with a qualified professional as necessary to ensure that any exercise instructions are appropriate for your specific needs, goals, and physical condition. By using the Service, you assume all risks associated with the performance of the exercises suggested by the AI, including but not limited to the risk of injury or harm.
We expressly disclaims any liability for any injuries, damages, or losses resulting from your reliance on or use of the AI-generated exercise instructions. If you choose to follow the AI-generated instructions, you do so at your own risk.
Remember to consult with an attorney to ensure that this clause and your entire Terms of Service document are in compliance with all applicable laws and regulations for your app's release.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
12. Indemnification
You agree to defend, indemnify, and hold harmless RIPLETIC PTY LTD, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms.
13. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Australia, before one arbitrator. The arbitration shall be administered by [Arbitration Provider] pursuant to its [Applicable Arbitration Rules]. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
14. Contact Us
If you have any questions about these Terms, please contact us at RIPLETIC PTY LTD, Level 2, 11 York Street, NSW, Australia 2000.
15. Privacy Policy
Please refer to our Privacy Policy, available at [Privacy Policy URL], for information on how we collect, use, and disclose personal information from our users. By using the Service, you agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.
16. User Content
You retain all ownership rights in any content you submit, post, or display on or through the Service ("User Content"). By submitting, posting, or displaying User Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the Service or any other services we provide.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit, and that the use of such User Content does not violate any third-party rights, including, without limitation, any intellectual property rights or rights of privacy or publicity.
17. Feedback
We welcome your feedback, comments, and suggestions for improvements to the Service ("Feedback"). You acknowledge and agree that any Feedback you provide to us will be considered non-confidential and non-proprietary, and you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback without any compensation to you.
18. DMCA Notice ( The United States)
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). To file a copyright infringement notification with us, you will need to send a written communication that includes the following:-
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(vii) Our designated copyright agent to receive notifications of claimed infringement can be reached at [Copyright Agent's Email Address].
19. Miscellaneous
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us concerning the Service, and supersede all prior agreements, whether written or oral, relating to the Service. Our failure to enforce any term of these Terms will not be deemed a waiver of that term. In the event any provision of these Terms is found to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. You may not assign or delegate any rights or obligations under these Terms, and any such attempted assignment or delegation will be void and without effect. We may freely assign or delegate our rights and obligations under these Terms without restriction. These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
20. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable) to the extent such failures or delays are caused by events beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, acts of God, war, government action, labor disputes, natural disasters, or interruptions in telecommunications, internet, or power services. The party affected by such an event shall notify the other party as soon as possible and use reasonable efforts to mitigate the impact of the event.
21. Applicable App Stores
You acknowledge and agree that the availability of the Service is dependent on the third-party app stores from which you download the Service, such as the Apple App Store and the Google Play Store ("App Stores"). You acknowledge that these Terms are between you and RIPLETIC PTY LTD and not with the App Stores. Each App Store may have its own terms and conditions to which you must agree before downloading the Service from that App Store. You agree to comply with, and your license to use the Service is conditioned upon your compliance with, all applicable terms and conditions of the respective App Store.
22. Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. We may be contacted in writing at the address specified in the "Contact Us" section above.
23. International Users
The Service is controlled and operated from facilities within Australia. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
24. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy provided by the Australian Consumer Law ("ACL") that cannot be excluded, restricted, or modified by agreement. To the extent permitted by law, our liability for any breach of such a consumer guarantee, right, or remedy is limited, at our option, to either supplying the services again or paying the cost of having the services supplied again.
25. Privacy Act and Australian Privacy Principles
By using our Service, Australian users acknowledge that our Privacy Policy complies with the Privacy Act 1988 and the Australian Privacy Principles (APPs). For more information about how we collect, use, store, and disclose personal information, please refer to our Privacy Policy at [Privacy Policy URL].
26. Data Breach Notification
In the event of a data breach that is likely to result in serious harm to individuals whose personal information is involved, we will comply with the Notifiable Data Breaches (NDB) scheme and notify the affected individuals and the Australian Information Commissioner as required by the Privacy Act 1988.
27. Goods and Services Tax (GST)
If applicable, any fees or charges related to our Service are inclusive of Goods and Services Tax (GST) as defined in the A New Tax System (Goods and Services Tax) Act 1999.
28. Governing Law and Dispute Resolution (Amendment)These Terms shall be governed and construed in accordance with the laws of NSW, Australia, without regard to its conflict of law provisions. Any dispute arising from or in connection with these Terms shall be resolved through arbitration in NSW, before one arbitrator. The arbitration shall be administered by [Arbitration Provider] pursuant to its [Applicable Arbitration Rules]. Alternatively, disputes may be resolved in the courts of NSW.
29. Compliance with Local Laws
You must not use the Service in any manner or for any purpose that is contrary to any applicable state or territory laws in Australia. You are solely responsible for ensuring that your use of the Service is in compliance with all applicable laws and regulations.
30. Apple's standard end user license agreement
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA. a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to 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 shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. f. 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, WITHOUT LIMITATION, 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 LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND 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 OF 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 ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department"s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
(https://www.apple.com/legal/internet-services/itunes/dev/stdeula/)