Terms of Use

1. This agreement

These Terms of Use are an agreement between you and Brandon Briggs ("we", "us"), the developer of the RIVO app. By downloading or using RIVO you accept them. If you do not accept them, do not use the app.

This agreement is between you and us only, and not with Apple. Apple is not responsible for RIVO or its contents.

2. Your licence to use RIVO

We grant you a personal, non-transferable, non-exclusive licence to use RIVO on any Apple-branded device that you own or control, as permitted by the Usage Rules in the App Store Terms of Service. You may not copy, redistribute, sell, rent, sub-licence, reverse-engineer or attempt to extract the source code of the app, except where that restriction is prohibited by law.

RIVO, its name, artwork, cosmetics, sounds and code remain ours. Nothing here transfers ownership of any of it to you.

3. Who can use RIVO

You must be at least 13 years old to use RIVO. If you are under 18, you should have a parent or guardian's permission, and they should read section 4 with you.

4. Health and safety — please read this one

RIVO is a rep counter and a game. It is not a medical device, a coach, or a source of health advice.

It estimates from a camera whether a repetition has happened. It cannot tell whether your technique is safe, whether an exercise is appropriate for you, whether you are injured, or whether you should stop.

You agree that:

• You take part in physical exercise at your own risk.
• You should speak to a doctor or a qualified professional before starting a new exercise programme, particularly if you are pregnant, have any injury or medical condition, or have been inactive for a while.
• You will stop immediately if you feel pain, dizziness, shortness of breath or discomfort, and seek medical help if it persists.
• You are responsible for your own surroundings — clear space, stable footing, and a phone propped somewhere it will not fall on you.
• Nothing in RIVO — streaks, challenges, leaderboards or reminders — is a reason to train through pain, illness or injury. A streak is not worth an injury.

5. Game Center, names and fair play

RIVO uses Apple's Game Center for matchmaking, friends and leaderboards. The name other players see is your Game Center display name, which you control in the iOS Settings app and which is governed by Apple's terms.

You agree not to cheat or interfere with fair play. That includes manipulating rep detection by any means other than performing the exercise, tampering with the app or its data, using modified or jailbroken software to gain an advantage, exploiting bugs rather than reporting them, and automating play.

Where we find scores that were not honestly earned, we may remove them from leaderboards, reverse rewards paid for them, and stop providing the app to the account involved.

6. Purchases

RIVO offers optional in-app purchases. All payments are taken by Apple through your Apple Account, under the App Store's terms. We never handle your payment details.

Consumables

Coins and Crowns are consumable purchases. Once delivered to your account they are used up as you spend them and, as with all consumables, they are not restored if you reinstall the app or move to a new device.

Non-consumables

Bundles, and the cosmetic items they contain, are permanent. If you reinstall RIVO or set up a new device, use Restore Purchases in Settings to get them back.

Refunds

Purchases are made from Apple, so refunds are Apple's to give. Request one at reportaproblem.apple.com. We cannot issue refunds ourselves, though we would like to hear from you if something went wrong.

Prices

Prices are shown in the app before you buy and may change over time. Special offers may be limited to a period or to new players, and the app will say so where that applies.

7. Coins, Crowns and cosmetics

Coins and Crowns are a limited licence to use features inside RIVO, and nothing more. Specifically:

• They have no monetary value and are not currency, credit, tokens, securities or property of any kind.
• They cannot be exchanged for money, transferred to another player, sold, or taken out of the app.
• You do not own them. You hold a licence to use them within RIVO.
• Balances and cosmetics may be lost if you delete the app without iCloud backup, and we are not obliged to restore them.
• If we stop offering RIVO, any unspent balance ends with it. See section 10.

Nothing bought with real money, Coins or Crowns affects competitive outcomes. Everything on sale is cosmetic.

8. Subscriptions

RIVO may offer an optional subscription. Where it does, this section applies, and the exact price, billing period and contents are shown in the app before you confirm.

• A subscription is billed to your Apple Account at confirmation of purchase.
• It renews automatically at the same price and period unless cancelled at least 24 hours before the current period ends.
• Your Apple Account is charged for renewal within 24 hours before the end of the current period.
• You can manage or cancel it at any time in the App Store: Settings → your name → Subscriptions. Deleting RIVO does not cancel a subscription.
• Cancelling stops future renewals. It does not refund the period you are in, and you keep access until that period ends.
• Where a free trial is offered, any unused part of it is forfeited if you buy a subscription during the trial.
• If a price changes, Apple will notify you and, where required, ask you to agree before the next renewal.
• Content unlocked by a subscription is available while it is active. Rewards already collected into your account stay yours; access to subscriber-only content ends with the subscription.

9. Feedback you send us

If you send us feedback, a bug report or a suggestion, we may use it to improve RIVO without any obligation or payment to you. Do not send us anything confidential, or anything you are not free to share. How we handle the message itself is described in our Privacy Policy.

10. Changes, availability and ending

We may update RIVO, change or remove features, retune the game's balance, and change what the shop offers. We try not to break things people rely on, but an app that never changes is one that has stopped being maintained.

We may stop offering RIVO. If we do, and you hold an unused paid balance or an active subscription at that point, we will give reasonable notice through the app or the App Store listing where we can.

You may stop using RIVO at any time by deleting it. We may stop providing it to you if you seriously or repeatedly breach these terms — in practice, cheating.

11. Support and warranties

We are solely responsible for RIVO and for any support for it. Apple has no obligation whatsoever to provide maintenance or support services for RIVO.

RIVO is provided "as is" and "as available". To the fullest extent permitted by law, we exclude all implied warranties, including fitness for a particular purpose and uninterrupted or error-free operation. We do not warrant that rep counting is accurate in all conditions — lighting, camera position, clothing and technique all affect it.

In the event of any failure of RIVO to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to RIVO, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our responsibility.

12. Claims and liability

We, and not Apple, are responsible for addressing any claim by you or any third party relating to RIVO or your use of it, including product liability claims, any claim that RIVO fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

We, and not Apple, are solely responsible for the investigation, defence, settlement and discharge of any third-party claim that RIVO or your use of it infringes that third party's intellectual property rights.

To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, lost data, or loss of virtual items.

To the fullest extent permitted by law, our total liability to you for all claims arising out of or relating to RIVO is limited to the greater of the total amount you paid for RIVO and its in-app purchases in the twelve months before the claim arose, or US$50.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited, and nothing here affects your statutory rights as a consumer.

13. Legal compliance

You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

14. Third-party terms

You must comply with any applicable third-party terms of agreement when using RIVO — for example the terms that apply to your Apple Account, Game Center and iCloud.

15. Apple's rights

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Use, and upon your acceptance of these terms Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

16. Governing law

These terms are governed by the laws of the State of Maryland, United States, without regard to its conflict-of-laws rules, and the state and federal courts located in Maryland have non-exclusive jurisdiction. If you are a consumer, you keep the benefit of any mandatory protections of the country or state you live in.

17. Contact

Brandon Briggs, 360 Jones Station Rd, Arnold MD, 21012 — brandonflips@gmail.com.

You can also reach us from the feedback box in RIVO's Settings screen.