1. Acceptance of These Terms

(a) Agreement:

By creating an account, downloading, or otherwise using Nessa you agree to these terms. If you do not agree to them, do not use Nessa.

(b) Eligibility:

You must be at least the age of digital consent in your country to use Nessa. If you are using Nessa with a parent's or guardian's account, they are responsible for your compliance with these terms.

(c) Where these terms apply:

These terms are between you and us. Where you obtained Nessa through a third party such as the Apple App Store, that party's own terms apply to your relationship with them as well.

2. The Service

(a) What Nessa is:

Nessa is a fitness application for iOS, with an Apple Watch companion, that lets you record workouts and routes, review your training history, and take part in community features — clubs, club challenges, posts, comments, and leaderboards. Some features are free and some require a paid subscription (see section 5).

(b) Changes and availability:

We are continually improving Nessa, so features may change, move between tiers, or be withdrawn. We do not guarantee that Nessa will be available at all times, and we may suspend or discontinue part or all of the service. Where a change materially affects a paid feature you have subscribed to, we will tell you on the subscription management page or by contact.

(c) Not medical advice:

Nessa is not a medical device and is not intended to diagnose, treat, cure, or prevent any condition. Workout data, heart-rate and other health readings, training plans, and estimates you see in Nessa are for general information and motivation only. Consult a qualified professional before starting or changing a training programme, especially if you have a health condition. Never ignore professional advice, or delay seeking it, because of something you read in Nessa.

(d) Your surroundings:

You are responsible for your own safety while using Nessa, including when recording an activity. Follow local laws and do not use Nessa in a way that distracts you from driving or other activities that require your full attention.

3. Your Account

(a) Sign-in:

Nessa accounts are authenticated through Clerk, our identity provider. You are responsible for keeping the credentials you use to sign in secure, and you are responsible for the activity that happens under your account.

(b) Notify us:

Tell us promptly, using the contact details in section 11, if you believe someone else has used or may use your account without your permission.

(c) One account:

Keep to one account, and give us accurate information so we can keep your training history and your place in the community correct. Do not create accounts to evade a moderation decision or to gain a fair advantage in challenges or leaderboards.

4. Community Content and Acceptable Use

(a) You keep your content:

You own what you post. By posting to a club, challenge, or other shared area of Nessa you grant us a limited, non-exclusive licence to store, reproduce, and display that content inside Nessa so that the feature you used can work — for example, showing your post to the members of your club. That licence ends when your content is removed from our systems. We handle your content as described in our{" "} privacy policy ; we do not sell it.

(b) What you are responsible for:

You are responsible for the content you post and the data you record in Nessa, and for who you share it with. Use the privacy settings on your profile and the privacy rules of the clubs you join before sharing anything you would not want others to see.

(c) Do not:

(i) post anything unlawful, harassing, hateful, threatening, or sexually explicit involving minors; (ii) post content you do not have the right to share, or that infringes someone else's intellectual property; (iii) falsify activity data, spoof a location, or otherwise cheat a challenge, leaderboard, or competition; (iv) scrape, bulk-download, or access Nessa through automated means we have not authorised; (v) interfere with, overload, or probe Nessa for vulnerabilities, or attempt to access another user's account or data; (vi) resell, sublicense, or offer Nessa to others as your own service.

(d) Moderation:

We may remove or restrict content, disqualify an entry from a challenge, or suspend or close an account that breaks these terms. We are not obliged to pre-monitor content. You can report content or a user to us at any time using the contact details in section 11.

5. Subscriptions and Payments

(a) Paid tiers:

Nessa offers paid subscription tiers, Nessa Plus and Nessa Pro, which unlock features described in the app. Subscriptions are sold as auto-renewing subscriptions through the Apple App Store and are billed to your Apple Account.

(b) Payment:

Payment is charged to your Apple Account at confirmation of purchase. The price of your plan is shown in the app before you buy, and it is the price on your App Store purchase receipt.

(c) Auto-renewal:

Unless you cancel at least 24 hours before the end of the current period, your subscription renews automatically. Your account is charged for renewal within 24 hours before the end of the current period, at the price of the plan you selected.

(d) Managing your subscription:

You can turn off auto-renewal, or cancel, at any time in your App Store account settings after purchase. Changes made there take effect at the end of the current period, and you keep access to the paid features you have already paid for until then.

(e) Trials:

If we offer a free trial, any unused portion of it is forfeited when you purchase a subscription, and the trial converts to a paid auto-renewing subscription unless you cancel it before it ends.

(f) Refunds:

Purchases made through the App Store are refunded according to Apple's refund policy and, where applicable law gives you a right to a refund, according to that law. Tell us using the contact details in section 11 and we will do what we can.

(g) Price changes:

We may change our prices. A price change does not apply to a period you have already paid for; it applies from your next renewal, and we give notice where the law requires it.

(h) Downgrade:

When a subscription lapses or is cancelled you keep the free features, and anything you created that belongs to a paid feature (such as a custom route) is kept but is not editable or usable until you subscribe again.

6. Apple and Other Third Parties

(a) Not Apple's terms:

These terms are between you and us, not with Apple Inc. Apple is not responsible for Nessa or its content, and your use of Nessa must comply with the Apple App Store Terms of Service.

(b) No Apple support:

Apple has no obligation to furnish maintenance and support services for Nessa. If Nessa fails, you may notify Apple, but Apple has no further support obligation, and support and any warranties relating to Nessa are ours to provide as described in these terms.

(c) Apple is not responsible for claims:

{" "} Apple is not responsible for product liability claims, intellectual property infringement claims, or any other claims relating to Nessa or your possession and use of it. We, not Apple, are responsible for addressing any such claims and for any claims that you may have relating to Nessa.

(d) Compliance:

You confirm that you are not located in a country subject to an embargo of the United States or listed by the United States government as a terrorist-supporting country, and that you are not listed on any United States government list of prohibited or restricted parties.

(e) Third-party services:

Nessa depends on third-party services — Clerk for authentication, Apple HealthKit for health and workout data, Apple's In-App Purchase system for subscriptions, and our own hosting — each governed by its own terms. Where those terms affect how you may use the feature they power, they apply alongside these terms.

7. Intellectual Property

(a) Our rights:

The Nessa software, its design, text, icons, and branding are owned by us or our licensors and are protected by copyright and other laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use Nessa for your own personal, non-commercial purposes.

(b) Restrictions:

You may not copy, modify, translate, distribute, sell, lease, sublicense, or create derivative works from Nessa, and you may not reverse engineer, decompile, or attempt to obtain its source code, except to the extent applicable law allows this despite a restriction.

8. Disclaimers and Limitation of Liability

(a) As is:

Nessa is provided "as is" and "as available" to the fullest extent permitted by applicable law. We do not warrant that Nessa will be uninterrupted, secure, error-free, or that recorded data will be accurate — GPS-derived distance, pace, elevation, and estimates can be wrong, and device and sensor limits apply.

(b) Your data:

You are responsible for backing up the data you store on your device. We keep Nessa's service data as described in the{" "} privacy policy {" "} and{" "} deletion page , but no service is a substitute for your own backup.

(c) Liability:

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost data, lost profits, or loss of training records, arising out of your use of, or inability to use, Nessa. Where a court would not allow that exclusion, our liability for claims arising from your use of Nessa is limited to the greater of the subscription fees you paid us in the twelve months before the event giving rise to the claim, or the minimum the applicable law requires. Nothing in these terms limits liability that cannot lawfully be limited, including for fraud or for death or personal injury caused by our negligence.

9. Ending Your Use

(a) You can leave:

You can stop using Nessa at any time. You can delete your account and the content associated with it through our{" "} account deletion page . Deleting your account does not cancel a subscription that is still in its paid period; cancel that in your App Store account settings as described in section 5.

(b) We may end access:

We may suspend or close your access to Nessa if you break these terms, if we are required to by law, or if we reasonably believe your account has been compromised. Where we can, we will tell you why.

(c) On termination:

Your licence to use Nessa ends, and sections 4(a), 6, 7, 8, 10, and 11 continue to apply.

10. Changes to These Terms

(a) Updates:

We may update these terms as Nessa changes. The current version is always the one at{" "} nessa.freno.me/terms , and the "Last Updated" date at the top of this page shows when it last changed.

(b) Continued use:

If you keep using Nessa after a change takes effect, you accept the revised terms. For changes that materially reduce your rights or your paid features, we will give notice in the app or by contact before they take effect.

11. Contact Us

(a) Reaching Out:

If you have any questions or comments about these terms, want to report content, or need help with a subscription, you can contact us{" "} through the contact form {" "} or email{" "} {SUPPORT_EMAIL} .