Privacy policies and terms for apps by D. Raj Gurung
Effective date: 20 April 2026 Last updated: 20 April 2026 App: GymTrack Pro (iOS) Developer: D. Raj Gurung (“we,” “us,” “our”) Contact: divy5831@gmail.com
These Terms of Service (“Terms”) govern your access to and use of GymTrack Pro, the mobile application for iOS (the “App”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
The App is also subject to Apple’s Licensed Application End User License Agreement (“Apple EULA”). In the event of any conflict between these Terms and the Apple EULA, the Apple EULA controls, except where these Terms are stricter or provide additional protections, in which case these Terms apply.
You must be at least 13 years old to use the App. By using the App you represent that you meet this age requirement and, if you are under the age of majority in your jurisdiction, that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the App on any Apple-branded device you own or control, solely for your personal, non-commercial use. This licence is also subject to Apple’s Usage Rules in the Apple EULA.
All rights not expressly granted to you are reserved by us.
The App, including all source code, design, graphics, text, logos, icons, databases, and arrangement thereof, is owned by us or our licensors. The App is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers ownership of any intellectual property rights to you.
Any workout logs, profile information, photos, or other content you create in the App (“Your Data”) belong to you. We do not claim ownership of Your Data.
You are solely responsible for Your Data, including ensuring that it is accurate, that you have the right to store it, and that it does not violate any third party’s rights. We store Your Data locally on your device and, optionally, in your own iCloud account as described in the Privacy Policy.
While the App supports iCloud sync and data export, we do not guarantee the availability of any backup mechanism. You are responsible for maintaining backups of Your Data if you consider it important.
You agree not to:
The App is a fitness-tracking tool, not a medical device. It is not a substitute for professional medical advice, diagnosis, or treatment.
The App uses Apple-provided services including HealthKit, CloudKit (iCloud), and App Store Connect. Your use of these services is subject to Apple’s terms and privacy policies. The App does not integrate any non-Apple third-party services as of the effective date of these Terms.
We may release updates to the App at any time, including to add features, fix bugs, improve performance, or address security issues. Updates may, in rare cases, require changes to Your Data schema; we will endeavour to preserve existing data through such migrations but cannot guarantee perfect preservation in every edge case.
We reserve the right to discontinue the App or any feature of it at any time, with or without notice. If we discontinue the App in a way that would result in loss of Your Data, we will provide a reasonable export mechanism before doing so.
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. To the maximum extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and continuity of operation.
We do not warrant that:
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, including loss of profits, loss of data, loss of goodwill, personal injury, or business interruption, arising out of or relating to your use of or inability to use the App, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising from or related to the App or these Terms shall not exceed the greater of (a) the amount you paid for the App in the twelve months preceding the claim, or (b) ten US dollars (USD 10.00).
Some jurisdictions do not allow limitations of liability for personal injury or certain other damages, so some of these limitations may not apply to you.
You agree to indemnify, defend, and hold harmless the developer from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your violation of these Terms or your misuse of the App.
These Terms remain in effect while you use the App. You may terminate them at any time by uninstalling the App and deleting any iCloud copy of Your Data.
We may terminate or suspend your access to the App immediately, without prior notice or liability, if you breach these Terms, engage in fraud or illegal activity, or for any other reason at our sole discretion.
Provisions that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and governing law — survive.
These Terms are governed by the laws of Nepal, without regard to its conflict-of-laws provisions. Any dispute arising out of or relating to these Terms or the App shall be resolved through good-faith negotiation between you and us. If negotiation fails, the dispute shall be submitted to the competent courts of Kathmandu, Nepal, except where mandatory local consumer law gives you the right to bring a claim in your home jurisdiction.
Nothing in this section limits any statutory rights you may have as a consumer under the laws of your country of residence.
We may update these Terms from time to time. When we do:
If you do not agree to a revised version, your sole remedy is to stop using the App and uninstall it.
Severability. If any provision of these Terms is found unenforceable, that provision is severed and the remaining provisions continue in full force.
No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
Assignment. You may not assign these Terms. We may assign them to a successor entity as part of a sale, merger, or restructuring.
Entire agreement. These Terms, together with the Privacy Policy and the Apple EULA, constitute the entire agreement between you and us regarding the App.
Apple-specific acknowledgements. You acknowledge that these Terms are between you and us, not Apple. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right to enforce these Terms against you as a third-party beneficiary.
D. Raj Gurung Email: divy5831@gmail.com GitHub: github.com/D-Raj-Grg/gymtrackpromax
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