Last updated on December 1, 2022. These Terms of Use and Privacy Policy are effective immediately for users accessing or using the Website and/or Service on or after December 1, 2022.
TrueRep is a website, www.truerep.app, (“Site”) and mobile application (“App”) (collectively, “Services”) that exist to provide users with a resource to track and analyze your exercise and provide essential metrics to optimize every exercise rep. The Services are provided and moderated by Ozark Apps Development LLC (“Us” or “We”), an Arkansas limited liability company. The following Terms and Conditions (“Terms of Use”) govern your ability to use and access any content, functionality and services offered through the Site and the App, whether as a viewer of the Site or a registered user of the Services on the App.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. THE SERVICES ARE AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES.
BY ACCESSING, USING THE SERVICES OR MERELY BROWSING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. THE SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 13 YEARS OLD OR SUCH HIGHER AGE REQUIRED IN YOUR COUNTRY TO USE THE SERVICES. IF YOU ARE UNDER THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION, YOU REPRESENT THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS ON YOUR BEHALF.
Definitions
The Company, “we” or “us” refer to Ozark Apps Development LLC and our representatives and affiliates.
“You” includes yourself, your representatives, your agents and any other third party acting on your behalf in connection with the Services (as defined below) as a user. A “user” is someone who accesses or in any way uses the Services.
AMENDMENTS
We may amend these Terms at any time and for any reason. We ask that you stay up-to-date with this Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our website and application. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our Site or App. Changes will be effective immediately for new users of our Services. If you object to any such changes, we ask that you cease using the Services. By continuing to use the Services after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications.
ACCESS TO OZARK APPS DEVELOPMENT LLC ONLINE SERVICES
Accounts
Some features of the Services may require registration for an account with Ozark Apps Development LLC (“Account”). You promise that any information about yourself that you provide to us will be true, accurate, complete, and current.
Unless otherwise agreed upon in writing and subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Services.
Username and Password
General access to the Site does not require registering for or logging into the Site, but the App may require registration or request that you provide us with information. These Terms govern use of all portions of the website and the application, regardless of registration. Registration on the App may require you to choose a username and password and/or to enter other information. Remember your username and password, and do not share your username or password with anyone. Your username and password will identify you to us when you return to our Site. If you forget your username or password, you may not be able to access certain portions of the Services. You are solely responsible to maintain the confidentiality of your username and password and for all activities when a user is logged into the Services by your username and password.
You agree to immediately notify Ozark Apps Development LLC of any unauthorized use of your username and password or any other security breach and ensure that you log out of the Services at the end of each session. Ozark Apps Development LLC will not be liable for damage or loss from your failure to comply with these Terms. You may be issued a new password or be required to change your password from time to time. Your username and password combination are not transferable to other users.
Ozark Apps Development LLC reserves the right to restrict, suspend, or terminate access to the Services for any username and password combination (each, an “Account”) because of inactivity or fraudulent activity under that Account, or any other reason we deem appropriate. We are available for your questions regarding use of the Services at brody@truerep.app.
General Restrictions on Use
Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (“Content”) and trademarks and logos (“Trademarks”) on the Services are owned or controlled by us, licensed by us and are protected by copyright, trademark laws and various other laws of the United States. We allow you to use the Services only for users’ personal, noncommercial purposes.
Provided that you are eligible to use the Services, we grant you a limited license to access and use the Services and to download any portion of the Content that you have properly gained access to solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Trademarks.
You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to the Services to any third party. You agree not to combine or integrate the Services with hardware, software, or other technology or materials not provided by us. You may not alter or create any derivative product based on the Services. Except as expressly stated in these Terms, no part of the Services may be copied, reproduced, republished, distributed, displayed, downloaded, posted, or transmitted in any form or by any means. Any future amendments to the Services shall be subject to these Terms. You agree not to use the Services to violate local, state, national or international law; stalk, harass, or harm anyone; collect or store personal data about other users; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or interfere with the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
Restrictions on Use of the Services
In addition to other restrictions set forth in these Terms, you agree that:
TERM AND TERMINATION
These Terms will become effective and binding when you use the Services, or when you voluntarily register for an Account (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Services at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Services. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.
Once your Account is terminated, you acknowledge and agree that we may permanently delete your Account and all the data associated with it.
License and Ownership; Access to Services
Any and all intellectual property rights (“Intellectual Property”) associated with the Services and its contents (other than User Content), including all information, data, logos, marks, designs, graphics, pictures, sound files, other files and their selection and arrangement, (collectively, the “Content”), are the sole property of Ozark Apps Development LLC, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Services are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Services are trademarks, service marks or trade dress (“Marks”) of Ozark Apps Development LLC, its affiliates or other entities that have granted Ozark Apps Development LLC the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Ozark Apps Development LLC. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Services in any way without the prior written permission of Ozark Apps Development LLC or the appropriate third party. Except as expressly provided herein, Ozark Apps Development LLC does not grant to you any express or implied rights to our or any third party’s Intellectual Property.
User Content, such as text, graphics, or sounds provided by you as a result of use of the Services, remains the property of the User. Workouts logged through the Services are not considered User Content and the videos are not recorded or stored by the Services. However, we need limited rights from you to operate the Services with your activity. By logging an activity, you grant Ozark Apps Development LLC, its affiliates and subsidiaries a non-exclusive, royalty-free, nontransferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from your User Content submitted by you to the Services to the extent necessary to operate the Services, and provide the services, now and in the future.
We grant you a limited, revocable, non-exclusive, license to access the Services and to view, copy and print the portions of the Content available to you on the Services. Such license is subject to these Terms of Use specifically conditioned upon the following:
The license in this section is revocable by us at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
We have the absolute discretion to remove any User Content posted or stored on the Services, and we may do this at any time and for any reason, although we have no obligation to do so.
DISCLAIMER OF WARRANTIES
OZARK APPS DEVELOPMENT LLC MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SERVICES OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. OZARK APPS DEVELOPMENT LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. OZARK APPS DEVELOPMENT LLC AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY OZARK APPS DEVELOPMENT LLC IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT OZARK APPS DEVELOPMENT LLC IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND OZARK APPS DEVELOPMENT LLC.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, FOLLOWING AN ACTIVITY OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF OZARK APPS DEVELOPMENT LLC OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE TO RELEASE OZARK APPS DEVELOPMENT LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (c) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OZARK APPS DEVELOPMENT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Compliance with Law
You agree to use the Services in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Ozark Apps Development LLC, negatively reflect on the goodwill or reputation of Ozark Apps Development LLC and shall take no actions which would cause Ozark Apps Development LLC to be in violation of any laws, rulings or regulations applicable to Ozark Apps Development LLC.
Governing Law; Venue
This agreement has been made in, and will be construed and enforced in accordance with the laws of, the State of Arkansas without regard to its principles of conflicts of laws. You and Ozark Apps Development LLC consent to the exclusive jurisdiction of the state and federal courts sitting in Washington County, Arkansas for any actions, suits or other proceedings arising out of, or related to, the enforcement of either party’s rights hereunder. You and Ozark Apps Development LLC agree not to commence any action suit or proceeding in any other court and hereby irrevocably and unconditionally waive any objection to the laying of venue in any such court. The parties each agree to waive their separate rights to a trial by jury.
Electronic Communications.
When you visit the Services or send e-mail to Ozark Apps Development LLC, you are communicating electronically. We may communicate by posting notices on the Services or e-mail notifications. You agree that all notices, disclosures, and other communications that Ozark Apps Development LLC makes electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, please stop using the Services.
General
You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND OZARK APPS DEVELOPMENT LLC, THESE TERMS OF USE, TOGETHER WITH THE OZARK APPS DEVELOPMENT LLC PRIVACY POLICY, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND OZARK APPS DEVELOPMENT LLC WITH RESPECT TO THE USE OF THE SERVICES, INFORMATION OR CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
If you have any questions or concerns regarding the Terms of Use, please contact us at brody@truerep.app.