This user license agreement is a pact between you (the USER) and Chubby Studio S.L., with Tax Identification Number no. B44691418 and address in Spain, at C/ Apartado 134, 01080 Vitoria-Gasteiz (Álava), in Spain.
The purpose of this contract is to regulate the terms and conditions for granting a non-exclusive, personal, and non-transferable license to use FitWoody, in accordance with the terms and conditions provided in the contract. This software has the features, specifications, and functionalities described in Apple’s App Store.
Through this contract, Chubby Studio S.L. grants the USER a non-exclusive, personal, non-transferable right to use FitWoody for the period indicated in the Fourth clause of this contract.
Chubby Studio S.L. holds the intellectual, industrial, and exploitation rights of the FitWoody application, so the USER does not acquire any rights of this type other than use. In particular, the USER may not reproduce, introduce improvements, make new updates, successive versions, or derivative programs, nor, in general, adaptations or modifications.
The USER also may not, by themselves or through third parties, access, modify, or utilize the source code, decompile, reverse engineer, or disassemble except to the extent permitted by law, nor assign, sublicense, distribute, rent, transmit in any other way copies of the software, nor exploit it themselves, through third parties, or on behalf of third parties.
The usage license also includes updates that may be made to the version acquired by the USER but not custom developments that may be of interest.
In any case, the license is granted for a single user who may install the FitWoody app on all their personal devices. In any case, if the USER contracts the Pro version, they may share it for free with their family using “Family Sharing,” something that must be configured from the App Store and iCloud.
FitWoody can be used free of charge, but the use of all the features it offers requires a paid subscription. The amount for each subscription option is as indicated in the specific section of the Apple App Store. The Pro version may have an indefinite duration, which will be paid at the time of purchase, as well as monthly and annual duration options, which will be paid at the beginning of each renewal according to the duration or frequency chosen by the USER.
If there is a change in the price of the different subscription options, the renewal will maintain the price that is most favorable to the USER. Thus, if there is a price increase, the renewal will be charged at the previous amount.
All taxes that apply to the purchase or hiring of the FitWoody usage license will be the responsibility of the USER.
In any case, if the USER wishes to make a claim about the amount paid or request a refund, they must do so through the Apple App Store, for which a button has been enabled in the FitWoody application’s «Settings». To learn more, visit https://support.apple.com/HT202039 and https://www.apple.com/legal/internet-services/itunes/us/terms.html.
The duration of this contract, and therefore of the usage license and the ability to use FitWoody, will depend on the type of subscription selected or contracted by the USER:
In the case of subscriptions that are not of indefinite duration, they will automatically renew unless the USER cancels it 24 hours before each expiration, whether monthly or annually. To manage this, a button has been enabled in the FitWoody application’s «Settings» that directs you to the Apple App Store.
The installation of the FitWoody app must be performed by the USER following the steps indicated in the Apple App Store.
Chubby Studio S.L. must comply with the following obligations:
The USER must comply with the following obligations:
FitWoody has implemented the highest security measures that are within our reach and that existing technology allows at any given time. Additionally, we conduct regular reviews to improve the app’s security.
In any case, FitWoody complies with the security requirements set by Apple and the App Store for developers.
FitWoody is not installed on our servers or on servers hired by us, but is installed on the USER’s device, so we cannot control the use made of the app, nor guarantee the security of the device or the availability of the app on it. Likewise, in the event that the user synchronizes the FitWoody app with iCloud or other services such as Apple Health, the Service Level Agreement (SLA) of the respective application will apply.
What depends on us is that the application functions correctly with respect to the features it offers. Therefore, if any incident occurs affecting the operation, we will resolve it as soon as possible, in any case within a period of less than 14 natural days from when we are notified of the incident, or, in the absence of notification, from when we become aware of it.
Chubby Studio S.L. guarantees to the USER that the program will function correctly during the term of this contract and that it complies with the technical specifications contained in the Apple App Store.
Chubby Studio S.L. undertakes to make the necessary modifications, adjustments, and corrections to resolve the program errors notified in writing by the USER. This obligation will not apply when the USER makes improper or negligent use of the app, or does not use it according to its technical requirements.
The app is delivered to the USER as is, as is known by them, and it is therefore not guaranteed to achieve a specific result or to serve a specific purpose or to meet specific expectations. In this regard, it is expressly stated that although FitWoody allows the USER to track daily activity, sleep, and exercise, IT IS NOT A MEDICAL APPLICATION; therefore, all decisions related to health should be prescribed, guided, and controlled by their doctor.
Chubby Studio S.L. shall not be held responsible, nor shall errors be covered by this warranty, that are or have been caused by the use of the APP or any elements of it, or its manipulation (especially the source and/or object codes). In the case of manipulation of the object and source codes of the program, Chubby Studio S.L. will be exempt from any liability.
Chubby Studio S.L. will not be liable for any damages that the USER may suffer as a result of using FitWoody, and will only be responsible for those that occur through intentional misconduct or gross negligence. However, the maximum amount of compensation will be the price paid by the USER for the licensing of the app.
FitWoody is not a medical application but a tool designed to monitor daily activity, sleep, and exercise. All decisions related to health must be prescribed, guided, and controlled by the USER’s doctor. Therefore, Chubby Studio S.L. assumes no responsibility for any damages or consequences that may be suffered, nor for possible complications.
Chubby Studio S.L. only guarantees compliance with the functionalities and technical specifications of FitWoody as advertised.
The USER acknowledges that all intellectual and, where applicable, industrial property rights of the program belong solely and exclusively to Chubby Studio S.L. Therefore, the USER does not acquire any intellectual property rights or any other rights over the software, beyond the right of use under this contract.
The USER is expressly prohibited from reproducing, transmitting, modifying, adapting, creating new versions or derivative programs, decompiling, reverse engineering or disassembling, sublicensing, distributing, and any other activity described in the second clause, without the express authorization of Chubby Studio S.L.
The terms of the Privacy Policy published on the Apple App Store, which you can consult here, apply to this license agreement.
This contract will be terminated for the general causes established in Spanish and European regulations, and specifically for the following reasons:
In the event of a breach by either party of the obligations arising from this contract, the other party may terminate the same without prior notice or compensation, with communication of such termination to the other party being sufficient. This is without prejudice to the indemnities that may correspond for damages or losses.
Should the USER have any questions or concerns regarding the terms of this license agreement, they may contact us by sending an email to hello@fitwoody.camp.
The legislation of Spain will apply to this contract. For any discussion or dispute concerning the interpretation or compliance with this contract, the parties expressly agree to submit to the Courts and Tribunals of Vitoria (Álava) in Spain, expressly waiving their jurisdiction, if any, unless Spanish procedural regulations establish a different one.
In any case, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, we provide the following electronic link to the online extrajudicial dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
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