Terms of Service

1 Acceptance of These Terms

These Terms of Service (“Terms”) are a legal agreement between you and Kevin Cereno, the developer and operator of Kugi (“Kugi,” “we,” “us,” or “our”). They govern your access to and use of the Kugi website, iOS app, Apple Watch app, widgets, live activities, and related features and services (collectively, the “Services”).

By downloading, accessing, creating an account for, purchasing through, or using the Services, you agree to these Terms and the Kugi Privacy Policy. If you do not agree, do not use the Services. If a purchase screen presents additional terms, the purchase screen controls only for the specific price, billing period, trial, or promotion shown there.

2 Who We Are

Kugi is a workout tracking service for iPhone and Apple Watch. It helps users log strength and cardio training, build routines, schedule workouts, review progress, use optional Apple Health features, and share selected achievements.

Kugi is operated by Kevin Cereno, the developer identified in the app. Contact details appear in Section 22. Kugi is not Apple, Google, Meta, RevenueCat, or any other third-party platform or service.

3 Eligibility and Accounts

3.1 Age and Authority

You must be at least 13 years old, or the minimum digital-consent age required where you live, to use Kugi. If you are not legally able to enter into these Terms on your own, a parent or legal guardian must review and accept them for you and supervise your use. The Services are not directed to children below the applicable minimum age.

3.2 Account Information and Security

Some features require a Kugi account. You may sign in using email and password, Sign in with Apple, or Sign in with Google. You agree to provide accurate information, keep your credentials confidential, and promptly notify us if you believe your account has been accessed without permission.

You are responsible for activity performed through your account to the extent allowed by law. You may not impersonate another person, create an account using information you are not authorized to use, or transfer your account to another person. Third-party sign-in methods are also subject to the applicable provider’s terms.

4 License and Access

4.1 App License

Subject to these Terms, Kugi grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the Kugi app on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions and applicable Usage Rules. The app is licensed, not sold.

4.2 Website Access

Subject to these Terms, Kugi grants you a limited right to access and use the website for personal, non-commercial purposes connected with the Services.

4.3 Restrictions

Except where applicable law expressly permits it, you may not:

• copy, modify, distribute, sell, lease, sublicense, or commercially exploit any part of the Services;
• reverse engineer, decompile, disassemble, or attempt to derive source code or underlying ideas from the Services;
• remove copyright, trademark, or other proprietary notices;
• circumvent access controls, Pro entitlements, security measures, rate limits, or technical restrictions; or
• use the Services, exercise library, or demonstration media to build or train a competing product or dataset without written permission.

5 Fitness, Health, and Safety Disclaimer

Exercise involves inherent risks, including overexertion, falls, equipment failure, illness, serious injury, and death. Before beginning or changing an exercise program, consult a qualified healthcare professional, especially if you have an injury, medical condition, are pregnant, take medication, or have concerns about your ability to exercise safely.

Stop exercising and seek appropriate medical help if you experience chest pain, faintness, severe shortness of breath, unusual pain, or other concerning symptoms. In an emergency, contact local emergency services. Do not wait for or rely on Kugi, a timer, notification, Apple Watch, widget, Live Activity, exercise demo, or health metric to identify or respond to an emergency.

Exercise descriptions, images, videos, suggested routines, progress charts, personal-record indicators, energy estimates, heart-rate information, and other outputs are for general information only. They may be incomplete, delayed, inaccurate, or unsuitable for you. Use proper form, appropriate equipment, a safe environment, and qualified supervision when needed. To the extent permitted by law, you accept the risks inherent in voluntary exercise and remain responsible for your training decisions.

6 Kugi Features and Your Responsibilities

Kugi can record exercises, sets, repetitions, weights, effort ratings, notes, cardio sessions, body-weight entries, templates, repeating plans, scheduled workouts, rest periods, and related information. You choose what to enter and how to use it.

You are responsible for:

• Verifying entries: Check weights, repetitions, distances, times, units, exercise selections, and saved templates before relying on them.
• Training decisions: Choose loads, movements, volume, intensity, rest, and equipment appropriate for your ability and environment.
• Device readiness: Keep your device charged, updated, connected, and configured with the permissions needed for features you choose to use.
• Backups and exports: Maintain any independent records you need. Kugi provides supported export paths, including before account deletion; availability outside deletion may depend on the current plan. No digital system can guarantee against every loss or corruption event.
• Notifications and alarms: Confirm rest timers and alarms independently. Delivery can be delayed or prevented by device settings, focus modes, battery state, connectivity, or operating-system behavior.

7 Apple Health and Device Integrations

7.1 Apple Health

If you enable the optional Apple Health integration, Kugi may request permission to read supported health and fitness information and to write supported body-weight entries and completed Kugi workouts. You control these permissions through Apple Health and iOS settings and may revoke them at any time.

Apple Health data can be incomplete, delayed, duplicated, unavailable, or affected by other apps and devices. Kugi’s display or use of Apple Health data does not transform it into medical advice. Do not use it for a diagnosis, medication decision, emergency response, or other safety-critical purpose.

7.2 Apple Watch, Widgets, and Live Activities

Apple Watch connectivity, widgets, notifications, Live Activities, Dynamic Island presentations, and other system integrations depend on compatible hardware, operating-system support, permissions, connectivity, and Apple services. Information may not update in real time. Always verify workout state and timing in the main app before relying on an extension or secondary display.

8 Your Content and Sharing

8.1 Your Data and Content

You retain ownership of information and materials you create or provide through Kugi, such as workout entries, notes, custom exercise names, profile information, photos, and share-card content (“Your Content”). You grant Kugi a limited, non-exclusive license to process, format, display, sync, and transmit Your Content only as reasonably necessary to provide features you request, comply with law, protect the Services, or act at your direction.

You represent that you have the rights needed to use Your Content and that it does not violate law, privacy, publicity, copyright, trademark, or other rights. Do not include sensitive information in a share image or other content unless you intend to disclose it.

8.2 Sharing

Kugi may let you save or share workout cards, progress images, or videos through the iOS share sheet or services such as Instagram. Sharing is initiated by you. Once content leaves Kugi, the destination’s terms and privacy practices apply, and Kugi cannot control copying, resharing, retention, or removal by that destination or its users.

9 Kugi Pro Subscriptions and Purchases

9.1 Kugi Pro

Some features require an active Kugi Pro entitlement. Available plans, billing periods, prices, currencies, features, promotions, and trial eligibility are shown on the purchase screen and may vary by country, account, or time. Review the purchase screen before confirming. The terms displayed there control those commercial details.

9.2 Billing and Automatic Renewal

Purchases made in the iOS app are processed by Apple through your Apple Account. Unless the purchase screen says otherwise, a subscription automatically renews for the same period until canceled. Apple may charge your account shortly before the next renewal period. Taxes may apply. Kugi does not directly receive or store your full payment-card details.

9.3 Trials and Promotions

A free or discounted trial, if offered, is available only to eligible users under the conditions shown at purchase. Unless canceled before the trial ends, it converts to a paid, automatically renewing subscription at the displayed price. Apple may determine eligibility, and offers may not be combined or repeated.

9.4 Managing, Canceling, and Restoring

You can manage or cancel an Apple-billed subscription in your Apple Account subscription settings. Cancellation normally takes effect at the end of the current paid period. Deleting Kugi, signing out, or deleting your Kugi account does not automatically cancel an Apple subscription. Use Restore Purchases or the Kugi customer center when available to refresh an entitlement associated with the same App Store account.

Apple billing help: Apple Billing and Subscriptions Support. If you want to avoid renewal of a trial or subscription, follow Apple’s cancellation instructions before the applicable deadline.

9.5 Refunds, Price Changes, and Feature Changes

Refund requests for Apple-billed purchases are handled by Apple under Apple’s policies and applicable law. Subscription prices or included features may change. Where required, Apple or Kugi will provide notice and obtain any required consent before a new price applies. Nothing in these Terms limits non-waivable consumer rights.

RevenueCat helps Kugi administer purchase status and entitlements, but Apple processes App Store payments. Access to Pro features can be delayed if Apple or RevenueCat cannot verify an active entitlement.

10 Third-Party Services and Terms

Kugi depends on third-party platforms and services, including Apple App Store services, iCloud and CloudKit, Apple HealthKit, Sign in with Apple, Apple Watch and system extensions; Google Firebase Authentication, Analytics, App Check, and Storage; Google Sign-In; RevenueCat; and user-selected sharing destinations such as Instagram.

Your use of a third-party service is subject to its applicable terms, policies, account requirements, and fees. You must comply with those terms, including your wireless-data, internet-service, Apple, Google, and social-platform agreements. Kugi does not control and is not responsible for third-party services, outages, security, content, availability, or decisions, except to the extent applicable law makes us responsible.

11 Privacy and Data

The Kugi Privacy Policy explains what information Kugi and its providers process, how information is used, where workout data is stored, and the choices available to you. The Privacy Policy is incorporated into these Terms by reference and is available through the Services.

As described there, Kugi’s current design stores supported workout and fitness records on your device and in your private Apple iCloud/CloudKit account, while account, analytics, security, subscription-entitlement, and media-delivery functions may involve Apple, Google Firebase, RevenueCat, or other identified providers. Do not use the Services if you do not agree to the Privacy Policy.

12 Acceptable Use

You may not use the Services to:

• violate any law, regulation, court order, sanction, or third-party right;
• harass, threaten, defame, exploit, impersonate, or harm another person;
• upload, transmit, or distribute malware, malicious code, or content intended to interfere with a device, account, network, or service;
• probe, scan, test, bypass, disable, or defeat authentication, App Check, purchase verification, or any other security or access-control mechanism;
• use bots, scrapers, crawlers, automated queries, or bulk extraction tools without written permission;
• overload, disrupt, damage, or obtain unauthorized access to the Services or related systems;
• misuse exercise media, account identifiers, share features, or support channels; or
• encourage, assist, or attempt any prohibited conduct.

We may investigate suspected misuse and cooperate with lawful requests. Enforcement decisions will be made reasonably and subject to applicable law.

13 Intellectual Property

Except for Your Content and third-party materials, the Services and all related software, source and object code, designs, interfaces, text, graphics, logos, trademarks, exercise-library organization, demonstration media, and other content are owned by or licensed to Kugi and are protected by intellectual-property laws. Kugi and its logos may not be used without prior written permission.

These Terms grant only the limited rights expressly stated. If you send suggestions, ideas, or feedback, you grant Kugi a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without obligation to you, provided we do not publicly identify you without permission.

14 Availability, Updates, and Changes

We may maintain, update, improve, add, remove, suspend, or discontinue features, content, integrations, or the Services. We do not promise that every feature will remain available, work on every device or operating-system version, or be available in every region or language. Material changes affecting a paid subscription will be handled subject to the purchase terms and applicable consumer law.

You may need to install updates to continue using Kugi safely or to access certain features. Service interruptions may occur because of maintenance, internet or device conditions, Apple or Google systems, security events, legal requirements, or circumstances beyond our reasonable control.

15 Suspension and Termination

You may stop using Kugi at any time. You may sign out or permanently delete your Kugi account through the app, subject to the account-deletion flow and Privacy Policy. Account deletion is permanent and may remove supported account-owned data from your device and private iCloud store. Export any data you want to keep before deletion.

We may restrict, suspend, or terminate access if we reasonably believe you materially breached these Terms, created security or legal risk, misused the Services, or if continued access is prohibited by law. Where appropriate and lawfully required, we will provide notice or an opportunity to address the issue.

Termination ends the license granted by these Terms. Provisions that by their nature should survive — including ownership, disclaimers, liability limits, indemnification, dispute terms, and Apple third-party-beneficiary rights — will survive. Account deletion or termination does not cancel an Apple subscription; cancel it separately through Apple.

16 Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” with all faults. Kugi disclaims express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, quiet enjoyment, non-infringement, accuracy, availability, and any warranty arising from course of dealing or usage of trade.

Kugi does not warrant that the Services will be uninterrupted, error-free, secure, compatible with every device, or free from data loss; that exercise, health, analytics, subscription, sync, notification, or media information will be accurate or timely; or that using Kugi will produce a particular fitness, health, performance, or financial result.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, exclusions apply only to the extent permitted, and your non-waivable statutory rights remain in effect.

17 Limitation of Liability

To the maximum extent permitted by law, Kugi and its operator, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, opportunities, data, or use, arising out of or related to the Services, even if advised that such damages were possible.

To the maximum extent permitted by law, Kugi’s aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid for Kugi during the 12 months before the event giving rise to the claim or (b) US $100.

These limitations do not exclude or limit liability that cannot lawfully be excluded, including liability for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence where applicable, or violation of non-waivable consumer rights. The allocation of risk in this section is a fundamental part of these Terms.

18 Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Kugi, its operator, licensors, and service providers from third-party claims, losses, liabilities, damages, judgments, costs, and reasonable legal fees arising from your unlawful misuse of the Services, your material breach of these Terms, or Your Content’s infringement of another person’s rights. This section does not require a consumer to indemnify Kugi for Kugi’s own unlawful conduct, negligence, or breach, and it applies only as far as local law permits.

19 Governing Law and Disputes

19.1 Informal Resolution

Before filing a formal claim, please email support@kugi.app with a description of the issue and the resolution you seek. The parties will attempt in good faith to resolve the dispute informally for at least 30 days, unless an urgent injunction or mandatory legal deadline makes that impractical.

19.2 Governing Law and Venue

Governing law: the State of California, USA. Subject to mandatory consumer protections, these Terms are governed by the laws of that jurisdiction, without regard to conflict-of-law rules. The courts located in Los Angeles, California, USA will have jurisdiction, unless applicable law allows or requires you to bring a claim elsewhere.

If you are a consumer in the European Economic Area, United Kingdom, Australia, New Zealand, or another jurisdiction with mandatory consumer protections, you retain the benefit of those protections and any right to use your local courts or dispute-resolution bodies. These Terms do not require arbitration and do not waive any non-waivable collective or representative remedy available under applicable law.

20 Changes to These Terms

We may update these Terms to reflect changes to the Services, law, security practices, providers, or business needs. We will update the “Last updated” date and, when appropriate or legally required, provide additional notice in the app, on the website, or by other reasonable means. Material changes will not apply retroactively where prohibited by law.

Your continued use after revised Terms take effect means you accept them. If you do not agree, stop using the Services and cancel any subscription you do not want to renew. Changes to price or renewal terms are handled as described in Section 9 and on the applicable purchase screen.

21 Additional Apple App Store Terms

The following terms apply when you obtain or use Kugi through Apple’s App Store. If this Section conflicts with another part of these Terms, this Section controls only to the extent necessary for App Store distribution requirements.

21.1 Acknowledgment

These Terms are between you and Kevin Cereno only, not Apple. Kugi, not Apple, is solely responsible for the Kugi app and its content. These Terms do not conflict with the Apple Media Services Terms and Conditions or applicable Usage Rules.

21.2 Scope of License

Your license is limited to a non-transferable right to use Kugi on Apple-branded products that you own or control, as permitted by Apple’s Usage Rules. The app may also be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing where Apple permits it.

21.3 Maintenance and Support

Kugi, not Apple, is responsible for maintenance and support for the app as required by these Terms or applicable law. Apple has no obligation to provide maintenance or support for Kugi.

21.4 Warranty

Kugi is responsible for any app warranty that cannot be disclaimed. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation for Kugi. Kugi is responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty.

21.5 Product Claims

Kugi, not Apple, is responsible for addressing claims relating to the app or your possession or use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer-protection, privacy, or similar laws, including claims connected with Kugi’s use of HealthKit.

21.6 Intellectual Property Claims

If a third party claims that Kugi or your possession and use of Kugi infringes its intellectual-property rights, Kugi, not Apple, is responsible for investigating, defending, settling, and discharging that claim.

21.7 Legal Compliance

You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country, and that you are not listed on a U.S. Government list of prohibited or restricted parties.

21.8 Third-Party Terms

You must comply with applicable third-party terms when using Kugi, including Apple Media Services, iCloud, Apple Health, wireless data, internet service, Google, RevenueCat, and any sharing destination terms that apply to your use.

21.9 Apple as Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

22 Contact Us

Questions, complaints, or claims about the Services or these Terms may be directed to:

Pre-publication legal review: This document is a tailored draft based on Kugi’s current product and data practices, and has not been reviewed by an attorney. Before linking it from an App Store subscription or relying on it as a custom EULA, confirm the liability cap, regional consumer requirements, and final Kugi Pro plan and trial details with a qualified attorney.