Terms of Use
These Terms of Use ("Terms") govern your access to and use of the FIT by DeLeón iPhone app (the "App") and fitbydeleon.com (the "Website"). Rodney Poncedeleon is referred to in these Terms as "we," "us," or "our."
For how FIT handles data in plain language, see how FIT handles your data. The Privacy Policy is the governing privacy document.
By downloading, accessing, or using the App or Website, you agree to these Terms. If you do not agree, do not use the App or Website.
1. Eligibility and Acceptance
You must be legally able to agree to these Terms in the place where you live.
If you are under the age of majority in your jurisdiction, you may use the App or Website only with permission and supervision from a parent or legal guardian. A parent or guardian who permits a minor to use the App or Website is responsible for that minor's use.
2. FIT by DeLeón Is a Fitness Tool, Not Medical Care
FIT by DeLeón provides general fitness and wellness tools. These include guided bodyweight workouts such as push-ups, squats, sit-ups, lunges, and timed planks; planned workout sessions; goals, statistics, personal records, and a workout calendar; a fitness journal for logging workouts, cardio activity, and lifts; a weight-tracking journey; and an optional Apple Health connection.
The App and Website are not medical devices and do not provide medical advice, diagnosis, treatment, rehabilitation guidance, physical therapy, nutritional advice, or personal training services.
Any workout targets, suggested plans, rep counts, hold times, distance or pace measurements, timing information, calorie estimates, weight information, progress indicators, streaks, or other outputs are provided for general informational purposes only. They are not a substitute for advice from a qualified healthcare professional, physical therapist, registered dietitian, or certified fitness professional.
Weight goals and weight-tracking features are general self-tracking tools. They are not a weight-management program, an eating-disorder resource, or clinical guidance. Decisions about your body weight should be made with a qualified healthcare professional.
3. Health and Safety
Physical activity involves inherent risks, including the risk of injury, illness, disability, or death.
Before beginning or changing an exercise routine, consider your health, fitness level, medical history, and any instructions from qualified healthcare professionals. Consult a qualified healthcare professional before using the App if you have a medical condition, injury, concern, or uncertainty about whether exercise is appropriate for you.
Use proper form, maintain awareness of your surroundings, and exercise only in a safe environment.
Outdoor activity carries additional risks. When using cardio features, remain aware of traffic, other people, terrain, weather, and your surroundings, and do not rely on your iPhone screen while moving. Do not use the App in a way that distracts you from doing so safely.
Stop exercising and seek appropriate medical attention if you experience pain, dizziness, faintness, shortness of breath, chest discomfort, or any other concerning symptom.
The App is not an emergency service and has no emergency-service function. It cannot detect a fall, an accident, or a medical event, and it cannot contact emergency services on your behalf. In an emergency, call local emergency services.
You are responsible for deciding whether, when, and how to exercise. To the maximum extent permitted by applicable law, you assume the risks associated with your decision to participate in physical activity.
4. Measurement and App Output Limitations
The App measures activity in several different ways, and each has limits.
- Screen-contact counting is used for push-ups and depends on phone placement and on making clean, separate contacts.
- Device-motion counting is used for squats, sit-ups, and lunges and depends on where the phone is held or carried, and on your movement and form.
- Timed holds record elapsed time and depend on you starting and ending the hold accurately.
- Location-based distance, pace, and route are used for cardio activity and depend on satellite signal, precise-location settings, surroundings, and device hardware. Signal loss, reduced accuracy, or obstructions can affect or interrupt these measurements.
- Manual entries, including logged workouts, lifts, and weights, are only as accurate as what you enter.
- Apple Health values shown in the App are read from Apple Health and depend on the accuracy and availability of the data recorded there by your devices.
- In supported earlier versions, camera input was used for push-up counting and depended on camera positioning.
The counting and measurement methods available depend on the installed app version. These features can be inaccurate or unavailable due to the installed app version, device position and placement, user movement, form, interruptions, permissions, signal conditions, hardware limitations, software issues, or other factors.
You are responsible for confirming your own exercise form, repetitions, hold times, distances, workout details, and safety. Do not rely on the App for medical, safety-critical, navigational, or professional fitness decisions.
5. Permissions and Optional Features
Some App features require your permission to use device capabilities, including motion data, location while using the App for cardio activity, notifications for optional reminders, and Apple Health access.
These permissions are optional and are requested for the features that need them. You may grant or revoke them at any time in iPhone Settings, or for Apple Health in the Apple Health app. Declining or revoking a permission may make the related feature unavailable or reduce its accuracy, and does not otherwise affect your ability to use the rest of the App.
Apple Health access is read-only. The App does not write or save data to Apple Health. How the App handles information is described in the Privacy Policy.
6. Limited License to Use the App
Subject to these Terms and applicable Apple terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to download and use the App on an iPhone that you own or control.
This license is for personal, non-commercial use only.
Except where applicable law permits otherwise, you may not:
- Copy, modify, distribute, sell, lease, sublicense, or commercially exploit the App or Website
- Reverse engineer, decompile, disassemble, or attempt to discover source code
- Remove or alter copyright, trademark, or proprietary notices
- Use the App or Website to violate applicable law or another person's rights
- Interfere with the security, operation, or availability of the App or Website
- Use automated systems to scrape, crawl, or access the Website in a way that burdens or disrupts it
7. Your Device and Local Data
FIT by DeLeón is designed to be local-first. Your workout, cardio, route, journal, weight, goal, progress, and profile information may be stored on your device.
The App does not require an account and we do not operate a service that stores a copy of your fitness data. There is no account recovery, no developer-side backup, and no cloud restore. If your device is lost, reset, damaged, or replaced, or if the App is removed, data stored only on that device may be permanently lost.
You are responsible for your device, device security, operating-system settings, permissions, Apple backup settings, and any information you choose to delete or reset.
We are not responsible for loss of local App data caused by device loss, damage, replacement, deletion, reset, operating-system changes, failed backups, or other circumstances outside our control.
For information about how the App and Website handle information, review the Privacy Policy.
8. Support and Feedback
You may contact us at contact@fitbydeleon.com for support, feedback, bug reports, or questions.
Do not send information you do not want us to receive, including unnecessary medical, financial, or highly sensitive personal information.
If you provide feedback, suggestions, or ideas about FIT by DeLeón, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, and incorporate that feedback into the App, Website, or related products without compensation or further obligation to you.
9. Intellectual Property
FIT by DeLeón, its name, branding, logos, Website content, App design, code, text, graphics, and other materials are owned by Rodney Poncedeleon or used with permission and are protected by applicable intellectual-property laws.
These Terms do not give you ownership of the App, Website, branding, or any related intellectual property.
You retain any rights you have in information you enter into the App on your device.
10. Third-Party Services and Links
The App and Website may contain links to third-party services, including the Apple App Store, Apple Health, Instagram, email providers, and other external websites.
These services are operated by third parties. Their terms, privacy policies, availability, and practices apply when you use them.
We do not control and are not responsible for third-party services or content.
11. Availability, Updates, and Changes
We may update, improve, modify, suspend, or discontinue all or part of the App or Website at any time.
We may release updates that change features, fix issues, improve performance, or address security concerns. Some updates may be necessary for continued use of certain App features.
The App is currently offered without charge. We may introduce optional paid features, products, or services in the future, but we will provide required notice and obtain any required consent before charging you.
We do not guarantee that the App or Website will always be available, uninterrupted, error-free, or compatible with every device or software version.
12. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the App and Website are provided "as is" and "as available."
We disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted operation.
We do not guarantee that the App or Website will meet your requirements, produce a particular fitness result, be error-free, or prevent injury.
Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, these disclaimers apply only to the extent permitted by applicable law.
13. Limitation of Liability
To the maximum extent permitted by applicable law, Rodney Poncedeleon and any related service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of goodwill, or business interruption, arising from or related to the App, Website, or these Terms.
To the maximum extent permitted by applicable law, our total liability for all claims arising from or related to the App, Website, or these Terms will not exceed the greater of:
- $100; or
- the amount you paid directly to us for the App during the 12 months before the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for fraud, willful misconduct, gross negligence, or personal injury where applicable law does not permit limitation.
14. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Rodney Poncedeleon from claims, damages, liabilities, costs, and expenses arising from your misuse of the App or Website, your violation of these Terms, or your violation of another person's rights.
This obligation does not apply to the extent a claim results from our own negligence, willful misconduct, or violation of law.
15. Governing Law and Venue
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.
Any dispute arising from or relating to these Terms, the App, or the Website will be brought in the state or federal courts located in New York County, New York, unless applicable law requires another forum.
Nothing in these Terms prevents either party from bringing an eligible claim in small-claims court or limits rights that cannot legally be waived.
16. App Store Terms
If you download the App through the Apple App Store, your use of the App is also subject to Apple's applicable terms and conditions.
These Terms are between you and Rodney Poncedeleon, not Apple. Apple is not responsible for the App, its content, maintenance, support, or any claims related to the App.
To the extent permitted by applicable law, Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce the provisions that apply to them.
You must comply with applicable third-party terms when using the App, including any terms that apply to your device, wireless service, or Apple services.
You represent that you are not located in a country subject to a United States government embargo and are not listed on any United States government list of prohibited or restricted parties.
17. Termination
These Terms remain in effect while you use the App or Website.
We may suspend or terminate your license to use the App or Website if you materially violate these Terms, misuse the App or Website, or create a security or legal risk.
You may stop using the App or Website at any time. You may remove the App from your device through your device controls.
Sections that by their nature should survive termination will survive, including sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and Apple App Store terms.
18. Changes to These Terms
We may update these Terms as the App, Website, or legal requirements change.
When we update these Terms, we will post the revised version on the Website and update the Effective Date above.
Your continued use of the App or Website after updated Terms take effect means that you accept the updated Terms, to the extent permitted by applicable law.
19. Severability and Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
These Terms, together with the Privacy Policy and any applicable Apple terms, form the entire agreement between you and Rodney Poncedeleon regarding your use of the App and Website.
20. Contact Us
For questions, complaints, or claims related to these Terms, contact:
Rodney Poncedeleon
contact@fitbydeleon.com