UK Terms of Use and Disclaimer EN

Terms of Use and Disclaimer (for UK Users)

Terms of Use (for Users in the United Kingdom)

ApexPace - Terms of Use

Last Updated: November 15, 2025

Welcome to the ApexPace application ("Service"), provided by FellCode ("we", "us", "our").

These Terms of Use ("Terms") govern your use of the Service.

By accepting these Terms, you confirm that you have read and understood them, as well as our Privacy Policy.

1. Description of the Service

ApexPace is a tool designed to assist users in estimating exercise performance.

2. Important Disclaimer – Not Medical Advice

You use the Service entirely at your own risk. The information provided by the Service is for ESTIMATION PURPOSES ONLY.

It IS NOT medical advice. You must not use the Service as a substitute for, or to replace, professional medical advice, diagnosis, or treatment.

Always consult a doctor or other qualified healthcare professional before beginning or modifying an exercise programme.

We refer you to our full Disclaimer, which forms part of these Terms and which you must accept to use the Service.

3. Subscriptions and Payments All payments are processed via the Google Play Store. You may cancel your subscription at any time through your Google Play account settings. We offer paid subscriptions (e.g., Monthly Subscription and Annual Subscription) that provide immediate access to the Service's features.

3.1 Billing and Automatic Renewal By purchasing a subscription, you agree to pay the price clearly stated within the Service immediately upon confirmation.

AUTOMATIC RENEWAL: Your subscription will automatically renew at the end of each billing period (e.g., monthly or annually) unless you cancel. You will be automatically charged the full price of the subscription for the next period unless you cancel through your Google Play account settings before the renewal date.

3.2 Statutory Cooling-Off Rights (Digital Content) Under the Consumer Rights Act 2015 and the Digital Markets, Competition and Consumers Act 2024, consumers generally have a 14-day right to cancel a contract for digital content.

EXCEPTION - WAIVER OF RIGHT TO CANCEL: However, because this Service consists of digital content that is supplied to you immediately, the law allows you to access the content straight away only if you:

Expressly request that the supply of the digital content begins immediately during the 14-day cancellation period; and

Acknowledge that your right to cancel the contract and get a refund will be lost once the supply begins.

YOUR ACKNOWLEDGEMENT: By clicking the purchase button and confirming your subscription, you expressly request immediate access to the Service and you acknowledge that you thereby lose your statutory 14-day right to cancel and your right to a refund once the download or access to the Service has begun.

3.3 Your Acknowledgement of Key Information In accordance with UK consumer law, by confirming your subscription, you acknowledge that you have been provided with all legally required pre-contract information in a clear and prominent way. This "Key Information" includes: (a) The total price and billing period (e.g., monthly, annual) of the subscription; (b) The frequency of payments; (c) That the subscription will auto-renew until cancelled; and (d) The steps required to cancel your subscription (Easy Exit).

3.4 Subscription Renewal Reminders For subscriptions with a renewal period of 12 months or longer (e.g., Annual Subscriptions), we will send you a clear and prominent reminder notice before your subscription renews and the next payment is taken, as required by the Digital Markets, Competition and Consumers Act 2024. This notice will remind you: (a) That your subscription is due to renew; (b) The date the payment will be taken and the amount; and (c) The steps you can take to cancel the subscription and avoid the charge.

3.5 Your Right to Cancel (Easy Exit) We are required by law to ensure that your right to cancel your subscription is straightforward and easy to exercise. You have the right to cancel your subscription renewal at any time.

You may cancel by notifying us in a single communication, without having to take any steps which are not reasonably necessary to do so. You can do this at any time via your Google Play account settings.

Your cancellation will take effect at the end of the billing period you have already paid for, and your subscription will not auto-renew. You will not be charged again. Since you waived your cooling-off right to receive immediate access (see Section 3.2), refunds are generally not provided for partial billing periods unless required by Google Play policies or applicable law regarding faulty digital content.

4. Your Statutory Rights as a Consumer

Under the Consumer Rights Act 2015, we have a legal duty to supply digital content that is of satisfactory quality, fit for particular purpose, and as described.

4.1 Right to Repair, Replacement, or Price Reduction

If the Service (digital content) does not meet these requirements, you have the right to a repair or replacement.

If a repair or replacement is not possible or is not carried out within a reasonable time and without significant inconvenience, you are entitled to a price reduction, which may be a full refund.

4.2 Right to Compensation for Damage to Your Device

We are legally responsible to you for any damage caused to your device (e.g., your phone) or to other digital content on your device, where that damage is caused by the Service as a result of our failure to use reasonable care and skill. If this occurs, you are entitled to have us either repair the damage or pay you financial compensation.

Nothing in these Terms affects your statutory rights.

5. Intellectual Property Rights

The Service and its content are the property of FellCode / Toni Limnell.

6. Termination

You can stop complying with these Terms by deleting the Service.

We may terminate your access to the Service if you breach these Terms.

7. Changes to These Terms

We reserve the right to change these Terms. We will provide notice of significant changes at least 30 days in advance.

8. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the law of England and Wales.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

9. Contact Us

If you have any questions, please contact:

FellCode / Toni Limnell

Contact: privacy@fellcode.com

Disclaimer (for Users in the United Kingdom)

Disclaimer: ApexPace

Last Updated: November 15, 2025

Before you begin using the ApexPace application ("Service"), it is critically important that you understand and accept the following:

1. Not Medical Advice

ApexPace IS NOT a medical device. The information provided by the Service IS NOT medical advice.

2. Estimates Only

All results produced by the Service are estimates. Your actual results may vary significantly.

3. Use at Your Own Risk

You use the Service entirely at your own risk. You are solely responsible for your own health and safety.

Consult a doctor or other qualified healthcare professional before beginning or modifying an exercise programme.

4. Quality of the Service

We provide the Service with reasonable care and skill. However, we provide no warranties as to the accuracy or reliability of the information obtained through the Service.

This does not affect your statutory rights regarding the quality and fitness for purpose of the Service under the Consumer Rights Act 2015.

5. Limitation of Liability

To the fullest extent permitted by applicable law, FellCode, its owner, or developers shall not be liable for any indirect, incidental, or consequential damages (including, for example, any loss of data, loss of profit, or business interruption) arising from the use of, or inability to use, the Service.

This limitation of liability is subject to the fairness test under the Consumer Rights Act 2015 and does not affect your statutory rights.

For the avoidance of doubt, nothing in these terms shall limit or exclude our liability for:

a) death or personal injury caused by our negligence;

b) fraud or fraudulent misrepresentation;

c) any breach of your statutory rights regarding the Service's quality, fitness for purpose, or description (as set out in Section 4.1 of the Terms of Use);

d) our statutory liability for damage caused to your device or other digital content by the Service (as set out in Section 4.2 of the Terms of Use); or

e) any other liability that cannot be excluded or limited under the law of England and Wales.