Terms of Service
1. Acceptance of these Terms
These Terms form a binding agreement between you and Boston Synthesis. If you do not agree to them, do not install or use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
2. License and the Apple EULA
Real Motion is licensed, not sold, to you. Apple's Licensed Application End User License Agreement applies to your use of Real Motion as if it were Apple's standard EULA, except where supplemented or modified by these Terms. The standard Apple EULA is available at apple.com/legal/internet-services/itunes/dev/stdeula.
The following provisions are required by Apple and apply alongside everything else in these Terms:
- This agreement is between you and Boston Synthesis only, and not with Apple. Apple is not responsible for the Service or its content.
- The license granted is a non-transferable license to use Real Motion on any Apple-branded products that you own or control, as permitted by the App Store Terms of Service.
- Boston Synthesis is solely responsible for providing any maintenance and support for Real Motion. Apple has no obligation to furnish maintenance or support.
- Boston Synthesis, not Apple, is responsible for addressing any claims you or any third party have relating to Real Motion, including (a) product-liability claims, (b) any claim that the app fails to conform to applicable legal or regulatory requirements, and (c) claims arising under consumer-protection or similar legislation.
- If a third party claims Real Motion infringes its intellectual-property rights, Boston Synthesis (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (b) you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you as a third-party beneficiary.
3. Subscriptions (Real Motion Pro)
Real Motion offers an auto-renewing subscription called Real Motion Pro with monthly and annual plans. The current price for each plan is shown on the paywall inside the app at the time of purchase.
- Billing. Payment is charged to your Apple ID account at confirmation of purchase.
- Auto-renewal. Your subscription automatically renews at the end of each billing period unless auto-renewal is turned off at least 24 hours before the end of the current period.
- Renewal charge. Your account will be charged for renewal within 24 hours prior to the end of the current period at the cost of the chosen plan.
- Managing the subscription. You can manage your subscription and turn off auto-renewal in your Apple ID Account Settings (iOS Settings → Apple ID → Subscriptions, or apps.apple.com/account/subscriptions) at any time after purchase.
- Free trials. Where offered, any free-trial period is described on the paywall at the time of subscription. If you do not cancel before the end of the trial, you will be charged for the full plan you selected.
- Refunds. Refunds are handled by Apple under their App Store policies. To request a refund, visit reportaproblem.apple.com.
- Price changes. If we change the subscription price, you will be notified via Apple before any renewal at the new price, and may cancel before the new price takes effect.
4. What you can and can't do with the app
You agree not to:
- Reverse-engineer, decompile, or attempt to extract the source code of the app, except to the extent applicable law expressly permits.
- Use the app to violate any law or regulation, including any law that prohibits tracking another person without their consent.
- Interfere with or attempt to disrupt the integrity or performance of the Service or the data it stores.
- Resell, sublicense, or redistribute the app, your subscription, or any data we make available to you.
5. User content and trip sharing
The trips you record are your data. You retain all rights in them. When you choose to publish a trip via a share link, you grant us a worldwide, royalty-free license to host and display that trip's data solely for the purpose of operating the share-link feature, until you revoke the link or it expires.
You are responsible for the contents of any trip you choose to share, and you confirm that sharing it does not violate the rights or privacy of any other person.
6. Important safety notice
Real Motion is a fitness and trip-tracking tool. It is not a navigation, emergency-response, or medical device. Do not rely on it for turn-by-turn navigation, in remote-area survival, or to make health, safety, or training decisions that require medical advice. GPS accuracy can be affected by your environment, your phone's hardware, and Apple's services, and the app may pause, lose connection, or fail to record at any time. Always carry a backup means of navigation and communication when you're in the backcountry, on the water, or anywhere else where a missing signal could cause harm.
7. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, accurate, or secure, or that defects will be corrected.
8. Limitation of liability
To the maximum extent permitted by applicable law, in no event will Boston Synthesis be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Service; (b) any unauthorized access to or use of our servers or any personal information stored therein; (c) any third-party content or conduct on the Service; or (d) any other matter related to the Service.
Our total cumulative liability for any claim arising out of or relating to the Service is limited to the greater of (i) the amount you paid us, if any, for the Service in the twelve months preceding the event giving rise to the claim, or (ii) USD $20.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
9. Indemnification
You agree to indemnify and hold harmless Boston Synthesis from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of or related to (a) your breach of these Terms, (b) your misuse of the Service, or (c) trip data you choose to publish via a share link.
10. Termination
You may stop using the Service at any time by deleting the app. We may suspend or terminate your access to the Service if you violate these Terms or if continuing to provide the Service is no longer commercially viable. Sections 5 through 11 survive termination.
11. Governing law
These Terms are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict-of-laws principles, except that nothing in these Terms reduces any rights you have under the mandatory consumer-protection laws of your country of residence. Any dispute arising out of or relating to these Terms or the Service that is not resolved through informal discussion will be brought exclusively in the state or federal courts located in the Commonwealth of Massachusetts, and you consent to the personal jurisdiction of those courts.
12. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will update the "Last updated" date and, where appropriate, notify you in the app. Your continued use of the Service after the update means you accept the updated Terms.
13. Contact
Questions about these Terms can be sent to info@realmotionapp.com.