Terms of Use

1. The App

Apex is a fitness, workout-tracking, habit-building, and challenge app. It may provide camera-based repetition counting for push-ups, planks, crunches, and other supported exercises; workout history and progress; streaks and reminders; Apple Health export; water or goal tracking in supported challenges; in-app events; and optional solo or social challenges.

The App is for general fitness and informational purposes only. It is not medical advice, medical care, diagnosis, treatment, or a substitute for advice from a qualified healthcare professional.

2. Eligibility and accounts

You must be at least 16 years old to use Apex. You are responsible for providing accurate information, keeping credentials confidential, and activity under your account. You may use an anonymous guest account or sign in with Apple, Google, or email where available. Guest data and account-based features may be limited until you create or link an account.

You must promptly contact support@ap3x-fit.com if you suspect unauthorised access. You may not create an account for another person without permission or use Apex where doing so would violate applicable law.

3. Permissions and device use

Camera access is optional but required for camera-tracked workouts. Apple Health, photo/avatar access, and notifications are optional. You control these permissions in the App and iOS Settings. You are responsible for placing and securing your device safely, keeping your surroundings clear, and ensuring that anyone who appears in the camera view has given appropriate permission.

Camera movement tracking is performed to count exercise repetitions; it is not facial recognition and is not a safety system. For more information about information handling, see the Apex Privacy Policy.

4. Fitness and safety

Exercise involves inherent risks. Consult a qualified healthcare professional before starting a new exercise program, especially if you have a medical condition, injury, are pregnant, or have concerns about exercising safely. Stop immediately and seek medical advice if you experience pain, dizziness, shortness of breath, or other concerning symptoms.

You use Apex and perform exercises at your own risk. Repetition counts, movement feedback, calorie estimates, workout duration, streaks, challenge status, and other outputs may be inaccurate or incomplete. Do not rely on the App for medical, emergency, health, or safety decisions.

5. Challenges and user content

Apex may offer solo challenges, friend invitations, challenge progress, ratings, and written reviews. You are responsible for content and information you submit, including its accuracy, legality, and respect for other people’s rights. Do not submit personal information about another person without permission, unlawful, abusive, threatening, deceptive, infringing, or harmful content.

You may choose a public alias and whether to consent to publication of a challenge review. We may review, reject, remove, limit, or hide content; restrict participation; or suspend related features to protect users, the App, or the integrity of ratings and challenges. Reporting or blocking tools may be available, but we do not guarantee that every item will be removed immediately.

By submitting content for publication, you grant Apex a worldwide, non-exclusive, royalty-free, transferable only as needed to operate the App, sublicensable licence to host, reproduce, adapt for formatting, moderate, and display that content for the App and its related services. This licence ends for future use when you withdraw publication consent or request removal, except for copies that must be retained for legal, security, fraud-prevention, dispute, or recordkeeping purposes. You keep ownership of your content.

6. Subscriptions, trials, and purchases

Some features require Apex Pro or a separate paid challenge or event access. Product type, price, currency, included features, trial, billing period, and renewal terms are shown in the App or App Store before you confirm a purchase. We may offer monthly, annual, lifetime, one-time, or other product formats; the terms displayed for the specific product control.

Purchases are processed by Apple through your Apple ID. Apex does not receive your payment-card details. Auto-renewable subscriptions renew unless you cancel through your Apple ID account settings at least 24 hours before the end of the current billing period. Apple generally charges within 24 hours before renewal. You can manage, cancel, request refunds, and restore eligible purchases through Apple under Apple’s processes and policies.

Trials convert to the displayed paid subscription unless cancelled before the trial ends under Apple’s rules. A trial or promotional offer may be limited by Apple’s eligibility requirements. We may change future prices or product features with notice where required by law; a change does not retroactively alter a period already paid for.

7. Acceptable use

You may use Apex only for lawful, personal, non-commercial purposes. You must not:

• copy, modify, distribute, sell, lease, reverse engineer, decompile, or attempt to extract the App’s source code except where applicable law permits it;
• interfere with the App, its security, accounts, purchase systems, cloud services, or other users;
• use bots, scripts, exploits, false accounts, or manipulated data to affect workouts, challenges, ratings, purchases, or progress;
• upload content that is unlawful, harmful, abusive, deceptive, infringing, or invasive of another person’s privacy;
• use Apex to record or expose another person without appropriate permission; or
• use the App in a way that could harm people, devices, or our services.

8. Intellectual property

The App, its software, design, text, graphics, exercise media, trademarks, and other content are owned by or licensed to Apex and protected by law. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the App on Apple-branded devices that you own or control.

9. Third-party services

Apex relies on third-party services including Apple, Firebase, Google, PostHog, Featurebase, and content-hosting providers. Those services may have their own terms, privacy policies, availability limits, and billing or account processes. Apple’s App Store Terms of Service apply to your use of the App through the App Store. We are not responsible for third-party services outside our reasonable control.

10. Availability and changes

We may update, modify, suspend, or discontinue Apex or any feature, challenge, event, content, or subscription offering where reasonably necessary. We do not guarantee that the App will always be available, error-free, secure, or compatible with every device, network, operating-system version, or third-party service.

We may suspend or terminate access if you materially breach these Terms, misuse the App, fail to pay for a purchase, or if suspension is reasonably necessary to protect the App, users, or legal rights. You may stop using the App at any time. Account deletion does not automatically cancel an Apple subscription; cancel it separately through your Apple ID settings.

11. Disclaimers and liability

To the maximum extent permitted by law, Apex is provided “as is” and “as available,” without warranties of any kind, express, implied, or statutory. We do not warrant that the App or its fitness outputs will be accurate, complete, uninterrupted, or suitable for every purpose.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, goodwill, or business opportunity arising from use of the App. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for intentional misconduct or death or personal injury caused by negligence where applicable law prohibits exclusion.

12. Apple-specific terms

These Terms are between you and Apex, not Apple. Apple is not responsible for the App, its content, maintenance, support, warranties, claims, or defence of claims relating to the App. If the App fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any, as required by its policies; to the maximum extent permitted by law, Apple has no further warranty obligation regarding the App.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You must comply with the App Store Terms of Service when using Apex.

13. Governing law and disputes

These Terms are governed by the laws of the Czech Republic, excluding its conflict-of-law rules, except where mandatory consumer-protection law in your country of residence provides greater protection. Courts with jurisdiction under applicable law will resolve disputes.

14. Changes to these Terms

We may update these Terms when the App, subscriptions, or law changes. We will post the new Terms and update the effective date. If a change is material, we will provide additional notice where required by law. Continuing to use Apex after the new Terms take effect means you accept them.

15. Contact

Apex Fitness is developed and operated by Mykhailo Pashynskyi, a solo developer and self-employed entrepreneur registered in the Czech Republic. For questions about these Terms, contact support@ap3x-fit.com.