USA ApexPace Terms of Use and Disclaimer EN

ApexPace - Terms of Use (United States)

**Last Updated:** 5 August 2026

BY DOWNLOADING, INSTALLING, OR USING THE SERVICE, OR BY CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR UNITED STATES PRIVACY POLICY.

1. Description of the Service

ApexPace ("Service") is a tool designed to help users estimate workout results.

The Service is provided **completely free of charge**, with all core features fully unlocked for all users.

2. Important Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

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.

Always consult a physician before beginning any exercise program.

3. Voluntary Support (Tip Jar)

The Service may offer an optional "Tip Jar" feature allowing users to make voluntary, one-time in-app purchases to support independent development.

3.1 Nature of Contributions

All tips and virtual contributions are strictly voluntary. They do not unlock additional features, grant exclusive access, or constitute a subscription. All core features of the Service remain fully accessible regardless of whether a tip is made.

3.2 Billing and Payments

All payments are processed securely through the Google Play Store. By making a voluntary contribution, you agree to pay the price clearly stated within the application at the time of purchase. FellCode does not collect, process, or store any credit card or financial data.

3.3 Refunds

All transactions processed via Google Play are final and non-refundable, in accordance with standard Google Play digital content and store policies.

4. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FELLCODE, ITS OWNER, OR DEVELOPERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR DATA.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU HAVE PAID US FOR THE SERVICE IN THE PRECEDING TWELVE (12) MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

5. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING, INDIVIDUAL ARBITRATION.

You and FellCode agree that any claim or dispute arising from or related to these Terms or the use of the Service ("Dispute") shall be finally and bindingly resolved by arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA").

6. CLASS ACTION WAIVER

YOU AND FELLCODE AGREE THAT ALL CLAIMS AGAINST THE OTHER PARTY SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS PART OF ANY ALLEGED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

7. Governing Law and Venue

These Terms and any Disputes arising from them shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

All Disputes shall be handled in the courts of the State of Delaware.

8. General Terms

* **Changes to Terms:** We reserve the right to modify these Terms. We will notify you of significant changes through the application.

* **Termination:** You may cease compliance with these Terms by deleting the Service. We may terminate your access if you violate these Terms.

* **Contact:** If you have any questions, please contact: FellCode / Toni Limnell, privacy@fellcode.com