1. Acceptance of Terms
By downloading, accessing, or using RepQ ("the App"), developed and operated by NessaWorks ("we", "us", "our"), you agree to be bound by these Terms and Conditions. If you do not agree, do not use the App.
2. Not Medical Advice
RepQ provides general fitness suggestions based on your preferences. The App is not a medical device and does not provide medical advice, diagnosis, or treatment. The exercise suggestions, workout plans, and information provided through the App are for general informational and fitness purposes only.
Always consult a qualified healthcare professional before beginning any exercise program, particularly if you have any pre-existing health conditions, are recovering from surgery, are pregnant, or experience pain or discomfort during exercise. Never disregard professional medical advice or delay seeking it because of information provided by the App.
3. Areas of Concern Feature
The App includes an "Areas of Concern" feature that adjusts exercise selection based on body areas you identify as sensitive. This feature provides general exercise modifications only. It does not diagnose, treat, or manage any medical condition or injury. If you have been diagnosed with an injury or medical condition affecting any body area, consult your doctor or physiotherapist before following any exercise plan generated by the App.
4. Assumption of Risk
Physical exercise carries inherent risks including, but not limited to, muscle strain, joint stress, sprains, fractures, cardiovascular events, and in rare cases, serious injury or death. By using the App, you acknowledge these risks and voluntarily assume full responsibility for your physical safety during any exercises or activities performed in connection with the App.
You hereby release and forever waive any and all claims, demands, causes of action, and liabilities against NessaWorks, its developers, officers, employees, and agents arising from or related to your use of the App, including any injury, illness, disability, or death resulting from physical activity performed in connection with the App.
You are solely responsible for determining whether any exercise is appropriate for your fitness level, physical condition, and abilities. Stop exercising immediately if you experience pain, dizziness, shortness of breath, or any other concerning symptoms.
5. No Warranty ("As Is")
The App is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components, or that any content or exercise suggestions are accurate, reliable, or complete.
6. Limitation of Liability
To the maximum extent permitted by applicable law, NessaWorks, RepQ, and its developers, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, loss of profits, loss of data, or other intangible losses arising from or related to your use of the App.
In no event shall our total liability to you for all claims arising from or related to the App exceed the amount you paid for the App in the twelve (12) months preceding the claim, or one hundred US dollars (US $100), whichever is less.
7. Indemnification
You agree to indemnify, defend, and hold harmless NessaWorks, RepQ, and its developers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to your use of the App, your violation of these Terms, or your violation of any rights of a third party.
8. Dispute Resolution
To the extent permitted by applicable law, any dispute arising from or relating to these Terms or your use of the App shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, rather than in court. You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
9. Age Requirement
You must be at least 16 years of age to use the App. If you are between 16 and 18 years of age, you represent and warrant that your parent or legal guardian has reviewed and accepted these Terms and Conditions and our Privacy Policy on your behalf before you use the App. By allowing a minor to use the App, the parent or legal guardian agrees to be bound by these Terms and assumes full responsibility for the minor's use of the App, including any liability arising from physical activity performed in connection with the App.
10. Privacy & Data
Your data is stored locally on your device. RepQ does not collect, transmit, or store your personal information on any server. We do not collect email addresses, device identifiers, analytics, or any form of tracking data. If you use Apple HealthKit integration, data is handled in strict accordance with Apple's HealthKit guidelines and is never used for advertising or marketing purposes. For full details, see our Privacy Policy.
11. Intellectual Property
All content, features, and functionality of the App, including but not limited to text, graphics, logos, and software, are the property of NessaWorks and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes. You may not copy, modify, distribute, reverse engineer, or create derivative works based on the App.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the revised Terms. We will make reasonable efforts to notify you of material changes.
13. Termination
We reserve the right to suspend or terminate your access to the App at any time, with or without cause or notice. Upon termination, your right to use the App ceases immediately.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict of law principles. Any legal action arising under these Terms shall be brought exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction of such courts.
15. Subscription Terms
RepQ offers auto-renewing subscription plans that provide access to premium features. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan.
New subscribers may be eligible for a free trial period. If you do not cancel before the free trial ends, your subscription will automatically convert to a paid subscription and your Apple ID will be charged.
You may manage or cancel your subscription at any time through your device settings (Settings > [Your Name] > Subscriptions). Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of your paid period.
All sales are final. RepQ does not offer refunds, credits, or exchanges for any reason, including unused portions of a subscription period or accidental purchases. Refund requests must be directed to Apple through their standard refund process, as all transactions are processed by Apple.
16. Data Portability & Backup
RepQ does not offer cloud backup, data export, or cross-device sync. Your data is preserved when restoring your device from an iCloud or local backup. A fresh installation on a new device without restoring from backup will not contain your previous data. Your subscription status is tied to your Apple ID and can be restored on any device using the Restore Purchases feature.
NessaWorks is not responsible for any data loss under any circumstances, including but not limited to device failure, theft, iOS updates, iCloud backup failures, or app deletion. You are solely responsible for maintaining backups of your device.
17. Apple End User License Agreement
This agreement is between you and NessaWorks only, not with Apple Inc. Apple is not responsible for the App or its content. Apple has no obligation to provide any maintenance or support services for the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you.
18. Severability & Entire Agreement
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and NessaWorks regarding your use of the App and supersede all prior agreements, understandings, and communications, whether written or oral.
19. On-Device Intelligent Features
The App may use Apple Intelligence and on-device machine learning capabilities, where supported by your device hardware and enabled by you, to generate personalized coaching messages, workout briefings, form tips, and motivational content. These features run entirely on your device using Apple's on-device models. No personal data is sent to external servers for this processing.
AI-generated content is for general motivational and informational purposes only. It is not professional coaching, medical, or fitness advice. AI-generated outputs may be inaccurate, incomplete, or contextually inappropriate. You should not rely on AI-generated content as a substitute for professional guidance. These features are provided by Apple's on-device platform and NessaWorks does not control, train, or modify the underlying models. NessaWorks is not liable for any actions taken based on AI-generated content or for the accuracy of outputs produced by Apple's machine learning systems.
20. Health-Based Workout Adjustments
The App may automatically adjust workout intensity, volume, or exercise selection based on health metrics such as heart rate variability, resting heart rate, sleep data, and self-reported readiness scores. These adjustments are algorithmic and based on general fitness principles. They do not constitute medical advice or a clinical assessment of your health.
During rest periods, the App may display real-time heart rate data and recovery indicators sourced from your Apple Watch. This feature is for general informational purposes only. It is not a medical measurement, clinical heart rate recovery assessment, or diagnostic tool. The App does not detect, diagnose, or monitor cardiac conditions. If you experience abnormal heart rate readings or any cardiac symptoms, stop exercising immediately and seek medical attention. Do not use this information to make medical decisions.
You are solely responsible for evaluating whether any workout, including those adjusted by the App, is appropriate for your current physical condition. Do not rely on automated adjustments as a substitute for your own judgment or professional medical guidance.
21. Notifications & Live Activities
The App may send local notifications for workout reminders, weekly recaps, rest timer completions, and other operational alerts. You can manage notification preferences within the App's settings or through your device's system settings.
The App may display workout information on your Lock Screen and Dynamic Island using Apple's Live Activities feature. A privacy option is available in the App to show generic content on the Lock Screen instead of workout details.
22. Feedback & Suggestions
Any feedback, suggestions, ideas, or feature requests you voluntarily submit to NessaWorks through any channel, including email, become the sole property of NessaWorks. You hereby assign all rights, title, and interest in any such feedback to NessaWorks without compensation. If such assignment is not enforceable under applicable law, you grant NessaWorks a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback in any manner.
23. Assignment
NessaWorks may assign, transfer, or delegate these Terms and any rights and obligations hereunder, in whole or in part, without your prior consent, to any successor, acquirer, or affiliate. You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of NessaWorks.
24. Contact
If you have questions about these Terms and Conditions, contact us at: [email protected]
NessaWorks
Texas, United States