Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and D2X Enterprises LLC (“we”, “us”, “our”) governing your use of the D2X Fitness Timer app (“the App”). Please read them carefully, especially the Training Safety Disclaimer, the Disclaimer of Warranties, and the Limitation of Liability.

By downloading, accessing or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Acceptance and eligibility

By using the App you confirm that you can form a binding contract in your country, and that you are at least 16, or have the consent and supervision of a parent or guardian. The App is a general-audience training timer; it is not directed to children under 13.

2. Licence and acceptable use

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the App for your own training, subject to these Terms and to the terms of the app store you obtained it from.

You agree not to:

• use the App for any unlawful purpose or in breach of any applicable law;
• reverse engineer, decompile or attempt to extract the source code of the App, except where that restriction is prohibited by law;
• circumvent, disable or tamper with the Pro entitlement check or any other technical restriction in the App;
• resell, sublicense or commercially exploit the App without our permission.

Using the App to run classes or sessions for other people is permitted and expected — class mode exists for exactly that. Section 6 applies with full force when you do: you are responsible for the people you are training.

3. Your data is yours, and only yours

The App has no account and no server of ours. Everything it records — session history, presets, configurations and preferences — is stored only on your device. The single exception is the Pro entitlement check described in Section 4, which involves no training data.

You are solely responsible for your own data, including backing it up. We hold no copy and cannot recover anything if your device is lost, reset, damaged or replaced, if you use “Erase all data”, or if you delete the App. The App gives you a free, complete export (“Export full backup”) precisely so that this is always in your hands. Import replaces what is on the device and cannot be undone. See our Privacy Policy for the full picture.

4. Purchases

The App offers an optional one-time in-app purchase, D2X Pro, at $3.99 USD or the local equivalent (product com.d2xfitness.timer.prounlock). It is a one-time purchase, not a subscription — there is no recurring charge. Pro unlocks the six Pro clocks (AMRAP, EMOM, For Time, Hangboard, Rest between sets, Splits), class mode, the workout builder, writing workouts to Health, and CSV export of your history. The full .d2xtimer backup is free and always will be.

• All purchases are processed by the applicable app store (Apple App Store or Google Play). Billing, payment and refunds are handled by Apple or Google under their own terms; we do not process payments or issue refunds.
• We use RevenueCat to check what you own. RevenueCat, Inc. acts as our processor: it receives the store’s receipt and an anonymous identifier and returns whether your Pro unlock is active. It never receives your training data, and it is not a payment processor. Our Privacy Policy sets out exactly what is sent.
• Pro is a licence, not a sale of the software, granted under Section 2, and carries no warranty beyond Section 7.
• Because the App has no account, your Pro unlock is tied to the store account you bought it with. You can restore Pro at no charge on any device signed in to that account using “Restore purchase”. It cannot be transferred to a different store account. If the store later reports that the entitlement is gone — for example after a refund — the App will lock Pro again.
• Prices may change prospectively; a change never affects a purchase already made.
• Refunds and any statutory cancellation or withdrawal right for digital purchases are handled by Apple or Google under their policies and the consumer law of your country. Nothing in these Terms limits any non-waivable right you have.

Availability. Purchasing works only in a native build of the App. Where no billing module is present — for example when the App is run through Expo Go — purchase and restore report that the store is unavailable, and Pro is never unlocked without a store confirming that your account owns it.

5. Health integration

Where a future build offers writing workouts to Apple Health or Health Connect, it is optional, requested at the moment of use, and writes only. As shipped, the App neither reads nor writes Health data at all. Health data recorded on your device is governed by Apple’s or Google’s terms and by your system settings, not by us.

6. TRAINING SAFETY DISCLAIMER AND ASSUMPTION OF RISK — PLEASE READ

THE APP IS A TIMER. IT IS NOT MEDICAL, HEALTH, FITNESS, COACHING OR PROFESSIONAL ADVICE, AND IT IS NOT A MEDICAL OR SAFETY DEVICE.

The App counts intervals, rounds and rest periods that you configure. It does not know you. It does not know your age, your injuries, your heart, your medication, your fitness, your technique, your equipment, or the temperature of the room. It has no idea whether the workout you have programmed is appropriate for you, and it will count down a dangerous interval exactly as willingly as a safe one.

Physical exercise carries real risk of serious injury and death, including but not limited to: cardiac events, heat illness, dehydration, rhabdomyolysis, fainting, falls, strains, tears, fractures, and injuries from dropped or failed equipment. Hanging or grip training (the Hangboard clock) carries a specific and well-documented risk of finger, tendon, pulley and shoulder injury, and of falling from height. Training to a timer adds a particular hazard of its own: a clock encourages you to keep going when your body is telling you to stop.

Assumption of risk. You understand and expressly acknowledge that:

• exercise is inherently and unavoidably risky, and that risk exists independently of the App;
• you alone decide what workout to program, how hard to train, what load to use, and when to stop;
• you should consult a physician before beginning any exercise program, particularly if you are pregnant, are over 40, are returning from injury or illness, or have any cardiovascular, respiratory, metabolic or musculoskeletal condition;
• you knowingly and voluntarily assume all risks arising from your training and from your use of the App.

You further agree that:

• you will warm up, use proper technique, and train within your ability;
• you will stop immediately if you feel pain, chest discomfort, dizziness, nausea, faintness or shortness of breath, regardless of what the timer shows — the clock is not an instruction to continue;
• you will not treat any number the App displays as a target you must reach;
• if you use the App to lead others (class mode, a gym, a team, a client), you are responsible for their screening, supervision, safety and consent, and for exercising your own professional judgement over anything on the screen.

The App is not reliable as a safety timer. Cues can be missed: audio may be ducked, refused or routed elsewhere, haptics may be unavailable, notifications may be denied at the operating-system level, the screen may sleep, and the operating system may suspend or kill the App at any time.

Cues need the App open. The App plays its cues itself, so they are dependable only while it is open and on screen. If you switch to another app or the screen locks, your device may suspend the App: cues may be late, may not sound at all, and a change from work to rest may not be announced until you return to it. This is expected behaviour on every platform and device.

Never use the App where a missed or late cue could cause harm — including, without limitation, breath-holding or apnea training, sauna, ice-bath or heat exposure, fasting protocols, medication timing, or any activity in or under water.

If you experience a medical emergency, contact emergency services immediately.

This Section 6 does not purport to waive, and does not waive, any right you have that cannot be waived under the mandatory law of your country of residence, including any liability for death or personal injury caused by our negligence (see Sections 8 and 15).

7. Disclaimer of warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. To the fullest extent permitted by law we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the App will be uninterrupted or error-free, that its timing, cues or notifications will be accurate, audible, timely or delivered at all, that your data will be preserved, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties or statutory guarantees, so parts of the above may not apply to you. Where you deal with us as a consumer you may have statutory conformity and warranty rights that these Terms do not affect (see Section 15).

8. Limitation of liability

IMPORTANT — WHAT WE DO NOT AND CANNOT LIMIT. Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any other liability that cannot be excluded or limited under the law of the Commonwealth of Pennsylvania or under the mandatory consumer-protection law that applies to you. This carve-out prevails over everything else in this Section 8 and everywhere else in these Terms. The limits below apply only to liability that the law actually permits us to limit.

SUBJECT TO THE PARAGRAPH ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, TRAINING HISTORY, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION, AND TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) FIFTY U.S. DOLLARS ($50).

Because some jurisdictions do not allow certain limitations or exclusions, parts of this section may not apply to you. Where a limitation or exclusion is not permitted for you, it is automatically reduced or reformed to the maximum protection the applicable law does allow, rather than removed entirely, and the rest of this section stays in force — as provided in Section 12.

9. Indemnification

To the extent permitted by law you agree to indemnify and hold harmless D2X Enterprises LLC and its officers, members, employees and agents from any claims, damages, losses, liabilities and reasonable expenses (including reasonable legal fees) arising out of your misuse of the App, your breach of these Terms, your training of other people using the App, or your violation of any law or third-party right. This does not apply to the extent a claim arises from our own gross negligence or wilful misconduct, and it does not apply where the mandatory consumer law that applies to you does not permit it.

10. Third-party services

The App is distributed through third-party app stores, and — if and when store billing is enabled — the Pro purchase is processed by Apple or Google. Any backup or CSV you export travels wherever you send it through your operating system’s share sheet. Those stores and services are governed by their own terms, which we do not control and are not responsible for. This release contains no analytics, advertising or crash-reporting provider.

11. Changes and termination

We may modify, suspend or discontinue the App or any feature at any time. We may terminate your licence if you breach these Terms. You may stop using the App at any time, erase your data in the App, or delete it. Sections that by their nature should survive termination — including the Training Safety Disclaimer, Disclaimer of Warranties, Limitation of Liability, Indemnification, Your Mandatory Local Consumer Rights, and Governing Law — survive.

12. Severability and reduction to the maximum permitted

If any provision of these Terms — or any part of one, including any warranty disclaimer, limitation or exclusion of liability, indemnity, choice of law or choice of forum — is found invalid, unenforceable or prohibited in the jurisdiction of a particular user, then:

• that provision is not struck in whole. It is automatically read down, limited or reformed to the greatest degree of protection that is valid and enforceable under the law applicable to that user — a liability cap that is too low for a jurisdiction applies at the highest amount that jurisdiction allows, and a limitation disallowed for one type of claim still applies to every other claim for which it is allowed;
• if no reformation is possible, the provision (or the offending part) is severed only as to that user and only to the minimum extent necessary; and
• invalidity as to one user or in one jurisdiction does not affect that provision for any other user or jurisdiction, and the remainder stays in full force.

13. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict-of-laws rules. Subject to any non-waivable rights you have under the law of your home jurisdiction, any dispute arising out of or relating to the App or these Terms will be resolved exclusively in the state or federal courts located in the Commonwealth of Pennsylvania, and you consent to the personal jurisdiction and venue of those courts. Nothing here limits your right to bring a qualifying claim in small-claims court. There is no arbitration clause in these Terms.

If you are a consumer, this choice of law and courts does not deprive you of the protection of the mandatory law of your country of residence, nor of any non-waivable right to bring proceedings in, or be sued only in, the courts of your own country (see Section 15). Where this section cannot lawfully apply to you in full, it applies to the maximum extent the applicable law permits rather than not at all, as provided in Section 12.

14. Entire agreement; translations

These Terms and our Privacy Policy are the entire agreement between us regarding the App. Our failure to enforce a provision is not a waiver of it.

The App bundles these documents in full and shows them on its Legal screens, in each of the languages it ships, with a short summary above them. That summary is for convenience — these full documents govern. Where a translation conflicts with the English, the English governs, except where the mandatory law of your country requires consumer terms to be provided and interpreted in your own language, in which case that requirement prevails.

15. Your mandatory local consumer rights

This section prevails over anything in these Terms that conflicts with it.

If you use the App as a consumer, you have rights under the mandatory law of the country where you live that cannot be reduced, waived or removed by a contract like these Terms. Nothing here limits, excludes or overrides those rights, and these Terms are to be read consistently with them.

In particular:

• If you live in the EEA or the UK, our choice of Pennsylvania law does not deprive you of the protection of your own country’s mandatory consumer rules; you keep any statutory conformity, warranty and legal-guarantee rights for digital content and services under your local law; and you keep any right to bring proceedings in the courts of your own country, and generally to be sued only there. The liability limits, warranty disclaimers, indemnity, choice of law and choice of forum apply to you only so far as your local mandatory law allows, and no further.
• We remain fully responsible for death or personal injury caused by our negligence, for fraud, and for anything else the law applicable to you says we cannot exclude or limit (see Section 8).
• Where any other consumer or data-protection law that applies to you (in the United States, the Middle East, or elsewhere) grants rights these Terms would otherwise limit, those rights prevail to the extent the law so requires.

We include this section because we intend these Terms to be honest and enforceable, not to overreach: the limits elsewhere are meant to apply to the full extent the law allows, and not one step beyond it.

16. Contact

Questions about these Terms: https://d2xenterprises.com/support/ or support@d2xenterprises.com.

D2X Enterprises LLC
30 S 15th St Ste 1550 PMB 852931
Philadelphia, Pennsylvania 19102-4806, USA