Please carefully read these terms and conditions before using Our Service.
Interpretation and Definitions
The nouns that are capitalized in this text have distinct meanings, therefore it's important to use them consistently in both their singular and plural versions.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named HeartFit.
Application Store means the digital distribution service operated and developed by Apple Inc.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Westwey Technologies Limited.
Device means any device that can access the Service such as a cellphone or a digital tablet.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
Service refers to the Application.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
The following are the terms and conditions that control how you use this service and the terms of the agreement between you and the company. Regarding the use of the Service, each user's rights and duties are outlined in these Terms and Conditions.
Your approval of and adherence to these Terms and Conditions is required before you may access or use the Service. Every visitor, user, and other person who accesses or uses the Service is subject to these Terms and Conditions.
You acknowledge and agree to be bound by these Terms and Conditions by accessing or using the Service. You may not use the Service if You disagree with any portion of these Terms and Conditions.
You affirm that you are older than eighteen. The Company forbids users under the age of eighteen from using the Service.
Access to the Service, or certain features of it, requires a paid Subscription. You will be billed in advance on a recurring basis (daily, weekly, monthly, or annually) based on the Subscription plan you choose.
Upon the conclusion of each period, your Subscription will automatically renew under the same terms unless you cancel it or the Company terminates it.
You can cancel the automatic renewal of your Subscription through your Account settings or by contacting the Company. No refunds will be issued for fees already paid for the current Subscription period, and access to the Service will continue until the end of that period.
For Subscriptions made through an In-app Purchase, you can cancel the renewal through the Application Store.
If automatic billing fails for any reason, the Company will issue an electronic invoice. You are required to manually make the full payment by a specified deadline, corresponding to the billing period indicated on the invoice.
For Subscriptions made through an In-app Purchase, billing is managed by the Application Store and follows the store's terms and conditions.
The Company reserves the right to, at its discretion and at any time, modify Subscription fees. Any fee changes will take effect at the end of the current Subscription period. You will be given reasonable prior notice of any fee changes, allowing you the opportunity to terminate your Subscription before the changes apply.
By continuing to use the Service after a fee change, you agree to pay the revised Subscription fee.
Unless mandated by law, paid Subscription fees are non-refundable. Requests for refunds may be considered by the Company on a case-by-case basis and granted at its sole discretion.
For Subscriptions through an In-app Purchase, the Application Store's refund policy applies, and refund requests can be made directly to the store.
The Company may, at its sole discretion, provide a Subscription with a Free Trial for a limited period. You may need to provide billing information to avail the Free Trial.
If billing information is provided for a Free Trial, you won't be charged until the Free Trial ends. On the last day of the Free Trial, unless canceled, applicable Subscription fees will be automatically charged.
The Company reserves the right to modify the terms or cancel the Free Trial offer at any time without notice.
The application may offer In-App Purchases, allowing you to acquire products, services, or Subscriptions.
For detailed information on managing In-App Purchases using your device, please refer to the Application Store's terms and conditions or your device's Help settings.
In-App Purchases are restricted to use within the application. Once initiated, an In-App Purchase cannot be canceled after download. They are non-redeemable for cash or other considerations and cannot be transferred.
If an In-App Purchase fails to download or malfunctions after successful download and we are made aware of the issue, we will investigate and determine whether to provide a replacement or issue a patch for repair. No charges will be incurred for replacement or repair. If, under exceptional circumstances, replacement or repair is not feasible within a reasonable timeframe and without causing significant inconvenience, we will authorize the Application Store to refund an amount equivalent to the In-App Purchase cost. Alternatively, you may request a refund by directly contacting the Application Store.
All billing and transaction processes are managed by the Application Store from which you downloaded the application and are subject to the store's terms and conditions.
For payment-related issues with In-App Purchases, please contact the Application Store directly.
The Service, along with its original content, features, and functionality (excluding User or other user-provided content), is and will remain the exclusive property of the Company and its licensors.
Protected by copyright, trademark, and other laws of both the Country and foreign countries, the Service enjoys legal safeguards.
Unauthorized use of our trademarks and trade dress in connection with any product or service is strictly prohibited without the prior written consent of the Company.
Links to Other Websites
Our Service may include links to third-party websites or services not owned or controlled by the Company.
We have no control over the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company is not 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 services.
It is strongly recommended to read the terms, conditions, and privacy policies of any third-party websites or services you visit.
We reserve the right to terminate or suspend your access immediately, without prior notice or liability, for any reason, including, but not limited to, your breach of these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
In states where the exclusion of implied warranties or limitation of liability for incidental or consequential damages is not permitted, the liability of each party will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you "AS IS" and "AS AVAILABLE" with all faults and defects, without any warranty of any kind. The Company, on its own behalf and on behalf of its Affiliates, licensors, and service providers, disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as permitted by applicable law.
The Company does not provide any warranty or undertaking and makes no representation that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free. Additionally, the Company makes no warranty or representation regarding the operation or availability of the Service, the accuracy, reliability, or currency of any information or content provided through the Service, or that the Service is free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Your use of the Service and these Terms will be governed by the laws of the Country, except its regulations regarding conflicts of law. It's possible that additional municipal, state, federal, or international laws will apply to how you use the application.
You commit to attempting to settle any issues or disagreements you may have with the Service by informal communication with the Company.
For European Union (EU) Users
You will be entitled to the benefits of any necessary legal provisions of your own nation if you are a consumer of the European Union.
United States Federal Government End Use Provisions
If You are an end user of the U.S. federal government, then our service qualifies as a "Commercial Item" under 48 C.F.R. §2.101.
United States Legal Compliance
You certify and warrant that: (i) you do not reside in a nation that is the target of an embargo imposed by the US government or that it has designated as a "terrorist supporting" nation; and (ii) you are not on any list of parties that the US government has banned or restricted access to.
Severability and Waiver
If any of these Terms are found to be unenforceable or invalid, the remaining sections will remain in full force and effect and the unenforceable or invalid portion will be amended and construed to the fullest degree permitted by applicable law in order to accomplish the intended purposes.
Except as expressly stated here, neither the waiver of a breach nor the inability to enforce a party's right to enforce performance of an obligation under these Terms shall affect that party's ability to do so at any point in the future.
If We have provided You with a translation of these Terms and Conditions through our Service, then it's possible. You consent to any disputes being resolved in accordance with the original English wording.
Changes to These Terms and Conditions
At any moment, We retain the right to change or update these Terms, at Our sole discretion. We shall use reasonable efforts to give at least thirty days' notice before any new terms take effect if a modification is important. We will be the only ones to decide whether changes are considered significant.
You accept to be bound by the updated terms if you keep using or accessing Our Service after such changes go into effect. Please discontinue using this website and the Service if You do not agree to the amended terms, in whole or in part.
If you have any questions about this Disclaimer, You can contact Us: