1. Acceptance of these Terms
By downloading, accessing, or using TEN45, you agree to these Terms of Service and the TEN45 Privacy Policy. If you do not agree, do not use TEN45.
"TEN45," "we," "us," and "our" refer to the operator of TEN45. "You" and "your" refer to the person using TEN45. If you use TEN45 on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. What TEN45 does
TEN45 is a general wellness timer for iPhone. It helps you remember to take short bodyweight squat breaks on a simple countdown. The app can show timers, set counts, streaks, progress history, and widgets.
TEN45 is intentionally narrow. It is not a coaching service, healthcare provider, medical device, emergency service, physical therapy service, personal training service, or substitute for professional advice.
3. Eligibility
You may use TEN45 only if you can lawfully enter into these Terms and use the app under the laws that apply to you. TEN45 is not directed to children under 13. If you are under the age of majority where you live, you may use TEN45 only with permission and supervision from a parent or legal guardian.
4. Health, safety, and assumption of risk
Squats and movement breaks may involve physical strain. You are responsible for deciding whether TEN45 is appropriate for you. Before using TEN45, consider your health, fitness level, mobility, injuries, medical conditions, medications, balance, environment, footwear, and any advice from a qualified professional.
Stop immediately if you feel pain, dizziness, shortness of breath, chest pain, unusual discomfort, instability, or any other concerning symptom. Seek medical attention when appropriate. Do not use TEN45 while driving, operating machinery, in unsafe surroundings, or where a movement break could create a risk to you or others.
TEN45 does not diagnose, treat, cure, mitigate, or prevent any disease or medical condition. Any educational or wellness information provided by TEN45 is general in nature and may not apply to your situation. You use TEN45 at your own risk.
5. Limited app license
Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use TEN45 for your own personal, non-commercial use on Apple-branded devices that you own or control, as permitted by Apple's App Store terms.
You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, attempt to derive source code from, interfere with, or create derivative works based on TEN45 except where applicable law gives you a right that cannot be waived.
6. Apple App Store terms
If you download TEN45 from Apple's App Store, Apple's terms also apply. These Terms are between you and us, not Apple. Apple is not responsible for TEN45, its content, maintenance, support, warranties, claims, product liability, intellectual property claims, or legal compliance, except to the extent required by applicable law.
Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the iOS app. Upon your acceptance of these Terms, Apple has the right to enforce those provisions against you as a third-party beneficiary.
7. Local data and backups
TEN45 stores app settings and set history locally on your device so the timer, widgets, and progress views can work. You are responsible for your device, passcode, Apple ID, backups, and any data you choose to export, screenshot, or share.
TEN45 does not promise that local data will be preserved forever. Data may be lost if you delete the app, reset progress, erase your device, restore from an older backup, encounter software or hardware failure, or use beta operating systems.
8. Widgets and timer state
TEN45 uses iOS widget features. Widgets depend on device settings, battery state, operating system behavior, Focus modes, network conditions, and Apple platform rules. Timers and widgets may be delayed, stale, or unavailable.
You should not rely on TEN45 for urgent, safety-critical, medical, or time-critical needs. TEN45 is a convenience utility.
9. Acceptable use
You agree not to:
- Use TEN45 for unlawful, harmful, abusive, deceptive, or unsafe purposes.
- Interfere with, disrupt, overload, or attempt to bypass security of TEN45 or the website.
- Use automated systems to scrape, attack, probe, or abuse the website.
- Misrepresent your relationship with TEN45 or imply endorsement without permission.
- Use TEN45 in a way that violates Apple terms, platform rules, or applicable law.
- Submit malicious code, unlawful content, or sensitive information that is not necessary for support.
10. Ownership and intellectual property
TEN45, including its name, design, interface, graphics, text, code, icons, logos, and other materials, is owned by us or our licensors and is protected by intellectual property and other laws. Except for the limited license above, these Terms do not grant you any rights in TEN45 or its intellectual property.
You retain rights in information you provide to us, such as support messages. You grant us permission to use that information as needed to respond, troubleshoot, maintain, secure, and improve TEN45.
11. Feedback
If you send ideas, suggestions, bug reports, feature requests, screenshots, or other feedback, you grant us a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, modify, publish, distribute, and otherwise exploit that feedback without restriction or compensation to you.
12. Third-party services and links
TEN45 may link to third-party resources, research, Apple services, App Store pages, or other websites. We do not control third-party services and are not responsible for their content, policies, availability, security, or practices.
13. Fees and changes to features
TEN45 may be free or paid depending on the App Store listing at the time you download or use it. If paid features, subscriptions, or in-app purchases are added, pricing and payment terms will be disclosed through Apple before purchase.
We may add, remove, change, suspend, or discontinue features at any time. We may also release updates that change functionality, fix bugs, modify design, or alter compatibility with operating systems and devices.
14. Disclaimers
TEN45 is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and uninterrupted or error-free operation.
We do not warrant that TEN45 will meet your needs, improve your health, prevent injury, produce any particular fitness result, remain compatible with every device or operating system, or preserve data without loss.
15. Limitation of liability
To the fullest extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, lost profits, lost data, lost goodwill, personal injury, business interruption, device damage, or other losses arising out of or related to TEN45 or these Terms, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total liability for all claims arising out of or related to TEN45 or these Terms will not exceed the greater of the amount you paid us for TEN45 in the 12 months before the claim or USD $50.
Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, liability is limited to the maximum extent permitted by law.
16. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold us harmless from claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to your use of TEN45, your violation of these Terms, your violation of law, your unsafe conduct, or your infringement or misappropriation of rights.
17. Termination
You may stop using TEN45 at any time and delete the app from your device. We may suspend or terminate access to TEN45 or the website if we reasonably believe you violated these Terms, created risk or legal exposure, or used TEN45 abusively.
Sections that by their nature should survive termination will survive, including ownership, feedback, disclaimers, liability limits, indemnity, governing law, and dispute provisions.
18. Governing law and disputes
These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules, unless applicable law requires otherwise. Subject to any rights you have under applicable consumer protection law, courts located in Los Angeles County, California will have exclusive jurisdiction over disputes arising from these Terms or TEN45.
19. Export and sanctions compliance
You may not use, export, re-export, import, or transfer TEN45 except as authorized by U.S. law, the laws of the jurisdiction where you obtained TEN45, and any other applicable laws. You represent that you are not located in a country or region subject to U.S. government embargo or designated by the U.S. government as a terrorist-supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
20. Changes to these Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new effective date. If you continue using TEN45 after the updated Terms take effect, you accept the updated Terms.
21. Miscellaneous
These Terms and the Privacy Policy are the entire agreement between you and us regarding TEN45. If a provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign these Terms as part of a merger, acquisition, reorganization, sale of assets, or by operation of law.
22. Contact
For questions about these Terms, contact TEN45 at contact@xyklabs.com.