Last Updated: January 26, 2025
This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Get Happy, LLC, a Colorado limited liability company ("Company," "we," "us," or "our"), regarding your use of the AccuTread mobile application (the "App").
By downloading, installing, or using the App, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not use the App.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices that you own or control, solely for your personal, non-commercial use.
The App and all intellectual property rights therein are and shall remain the exclusive property of Get Happy, LLC. This Agreement does not grant you any ownership rights to the App.
You may not:
AccuTread offers a free trial period for new subscribers. After the trial period ends, your subscription will automatically renew at the annual subscription rate unless cancelled before the end of the current period.
Subscriptions are billed annually through your Apple ID account. Payment will be charged to your Apple ID account at confirmation of purchase.
Your subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
You can manage your subscription and turn off auto-renewal by going to your Apple ID Account Settings after purchase. Subscriptions may be cancelled at any time through Apple's subscription management.
Upon cancellation, you will retain access to premium features until the end of your current subscription period. Your subscription will not renew for the next period.
All purchases are final. We do not offer refunds for any subscription fees, except as required by applicable law or as determined solely by Apple's refund policies.
All workout data and personal information is stored locally on your device. We do not collect, transmit, or store any of your personal information or workout data on our servers.
The App integrates with Apple HealthKit to read and write workout data. Your health and fitness data remains under your control and is subject to Apple's Privacy Policy and Terms of Service.
We do not use any third-party analytics, tracking, or advertising services. Your data is not shared with any third parties.
THE APP IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read or seen in the App.
You acknowledge that physical exercise involves inherent risks of injury. By using the App, you assume all risks associated with your exercise activities and agree that we are not responsible for any injuries or health problems that may result from your use of the App.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GET HAPPY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Get Happy, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the App.
We may modify this Agreement from time to time. When we make changes, we will make the updated Agreement available through the App and update the "Last Updated" date. Your continued use of the App after changes become effective constitutes your acceptance of the revised Agreement.
You may terminate this Agreement at any time by deleting the App from all your devices and ceasing all use.
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to your breach of this Agreement.
Upon termination, your right to use the App will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You acknowledge that this Agreement is between you and Get Happy, LLC only, and not with Apple Inc. ("Apple"). Get Happy, LLC, not Apple, is solely responsible for the App and its content.
The license granted to you is limited to a non-transferable license to use the App on an Apple-branded product running iOS that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
Get Happy, LLC is solely responsible for providing maintenance and support services for the App. Apple has no obligation to furnish any maintenance or support services.
Get Happy, LLC is solely responsible for any product warranties, whether express or implied. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App.
Get Happy, LLC, not Apple, is responsible for addressing any claims relating to the App or your use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App infringes that third party's intellectual property rights, Get Happy, LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.
Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Colorado, and you hereby irrevocably consent to personal jurisdiction and venue therein.
If you have any dispute with us, you agree to first contact us at [your support email] and attempt to resolve the dispute informally.
If we cannot resolve the dispute informally, any dispute arising out of or relating to this Agreement or the App shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Colorado, and judgment on the arbitration award may be entered in any court having jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the App or infringement of intellectual property rights without first engaging in arbitration.
This Agreement constitutes the entire agreement between you and Get Happy, LLC regarding the App and supersedes all prior agreements and understandings.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You may not assign or transfer this Agreement or any rights granted hereunder. We may assign this Agreement without restriction.
We shall not be liable for any failure to perform our obligations under this Agreement where such failure results from any cause beyond our reasonable control.
You agree to comply with all applicable export and import control laws and regulations in your use of the App.
If you have any questions about this Agreement, please contact us at:
Get Happy, LLC
7425 Wrangler Ridge Dr., Colorado Springs, CO 80923
BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.