Terms & Conditions
Welcome to Ivarjishe. These Terms & Conditions (the “Terms”) govern your access to and use of the Ivarjishe mobile application and any related services (collectively, the “App”) provided by Zurabi Devidze (“we”, “us”, or “our”). Please read these Terms carefully — by downloading, installing, or using the App, you agree to be bound by them.
Contents
- Acceptance of the Terms
- Eligibility
- The App and your license
- Your account
- Your content
- Acceptable use
- Trainer–client relationship
- Health and fitness disclaimer
- Subscriptions and in-app purchases
- Intellectual property
- Third-party services
- Termination
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Governing law and dispute resolution
- Changes to these Terms
- Miscellaneous
- Contact
1. Acceptance of the Terms
By creating an account, signing in, or otherwise using the App, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.
2. Eligibility
You must be at least 13 years old to use the App. If you are under the age of majority in your jurisdiction, you may only use the App with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
3. The App and your license
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control, solely for your personal, non-commercial fitness tracking purposes.
You may not: copy, modify, distribute, sell, lease, or sublicense the App; reverse-engineer or decompile it (except where applicable law permits); or use it in any way that violates these Terms or any applicable law.
4. Your account
- You may create an account using email and password, or sign in with Apple.
- You are responsible for providing accurate registration information and for keeping it up to date.
- You are responsible for safeguarding your sign-in credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.
- You may only maintain one account at a time. You may not impersonate another person or misrepresent your identity.
- You can delete your account at any time from within the App's Profile screen.
5. Your content
“Your Content” means workout names, descriptions, exercise notes, set logs, body measurements, chat messages, and any other information you submit through the App.
You retain ownership of Your Content. By submitting it to the App, you grant us a worldwide, royalty-free, non-exclusive license to host, store, transmit, process, and display it solely to provide and improve the App's features (including syncing across your devices and sharing it with users you choose to connect with, such as a trainer or client).
You represent and warrant that you have all rights necessary to submit Your Content and that it does not violate any law or third-party right.
6. Acceptable use
When using the App you agree not to:
- Use the App for any unlawful purpose or in violation of any applicable law.
- Harass, threaten, defame, or impersonate any other user through chat or any other feature.
- Upload or transmit content that is hateful, sexually explicit, harmful, or otherwise objectionable.
- Attempt to gain unauthorized access to other accounts, our servers, or any associated systems.
- Interfere with or disrupt the App, including by introducing viruses, exploiting vulnerabilities, or sending automated traffic.
- Use the App to send spam, advertise products, or solicit other users.
- Scrape, harvest, or collect data about other users without their consent.
We reserve the right to investigate and take appropriate action — including suspending or terminating accounts — against any user who violates these rules.
7. Trainer–client relationship
The App offers a feature that lets clients connect with personal trainers and vice versa, share workouts and progress, and exchange chat messages.
We are not a party to any agreement, professional engagement, or transaction between a trainer and a client. Trainers using the App are independent third parties; we do not vet, endorse, certify, or supervise them, and we make no representation about their qualifications, methods, or advice. You are responsible for evaluating any trainer or client with whom you choose to connect.
Any disputes, payments, or arrangements between a trainer and a client are strictly between those parties.
8. Health and fitness disclaimer
You acknowledge that:
- You should consult a qualified physician or healthcare provider before starting any new exercise program, especially if you have a medical condition, injury, or are pregnant.
- Exercise carries inherent risks, including risk of serious injury. You assume all such risks when using the App and following any workout displayed in it.
- The App's content, including programs assigned by trainers, is provided for informational purposes only. We are not responsible for any injury, loss, or damage resulting from your reliance on it.
- Stop exercising and seek medical attention if you experience pain, dizziness, shortness of breath, or any other warning sign.
9. Subscriptions and in-app purchases
At present, the App does not offer any paid in-app purchases or subscriptions. If we introduce paid features in the future, additional terms (including pricing, billing, renewal, and refund terms) will be presented to you at the point of purchase. Any such purchases are processed by Apple through the App Store and are subject to Apple's own terms of sale.
10. Intellectual property
The App, including its source code, design, user interface, graphics, logos, and the “Ivarjishe” name, is owned by Zurabi Devidze and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand without our prior written consent.
Exercise library content (such as exercise names and reference descriptions) is provided for informational use within the App and may not be redistributed.
11. Third-party services
The App relies on third-party services, including Google Firebase (authentication, database, storage) and Apple's Sign in with Apple. Your use of these features may be subject to those providers' own terms and privacy practices. We are not responsible for third-party services and do not control them.
12. Termination
You may stop using the App at any time and delete your account from within the App's Profile screen.
We may suspend or terminate your access to the App, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or for any other reason permitted by law. Upon termination, your right to use the App ends immediately. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) will continue to apply.
13. Disclaimer of warranties
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, error-free, secure, free of viruses, or that any data you store will not be lost or corrupted. You are responsible for maintaining your own backups where appropriate.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE APP — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) FIFTY UNITED STATES DOLLARS (USD 50).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
15. Indemnification
You agree to defend, indemnify, and hold harmless Zurabi Devidze from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the App; (b) Your Content; (c) your breach of these Terms; or (d) your violation of any third-party right or applicable law.
16. Governing law and dispute resolution
These Terms are governed by and construed in accordance with the laws of Georgia (the country), without regard to its conflict-of-law provisions. Any dispute arising out of or in connection with these Terms or the App that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts of Tbilisi, Georgia.
If you are a consumer residing in the European Union, the United Kingdom, or another jurisdiction that grants you the protection of mandatory local consumer laws, nothing in this section deprives you of the right to bring proceedings in your country of residence or rely on protections you cannot be deprived of by agreement.
17. Changes to these Terms
We may update these Terms from time to time. When we do, we'll update the “Last updated” date at the top of this page and, where appropriate, notify you in the App or by email. Material changes will be flagged. Your continued use of the App after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to a change, your remedy is to stop using the App and delete your account.
18. Miscellaneous
- Entire agreement. These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the App and supersede any prior agreements.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganisation, or sale of assets.
- Apple-specific terms. If you obtain the App through the Apple App Store, you acknowledge that these Terms are between you and us, not Apple, and that Apple is not responsible for the App or its content. Apple is a third-party beneficiary of these Terms and may enforce them against you.
19. Contact
If you have any questions about these Terms, please reach out:
Zurabi Devidze
Email: envato.duke@gmail.com