Terms of Use

Last updated: March 20, 2025

Welcome to Walxy! These Terms of Use constitute a legally binding agreement made between you ("you" or "user") and Denis Svichkarev ("me", "I", or "my"), concerning your access to and use of the Walxy mobile application ("the App").

Please read these Terms of Use carefully before you start using Walxy. By downloading, installing, or using the App, you confirm that you accept these Terms of Use and agree to abide by them. If you do not agree with any part of these terms, you must not use the App.

Modifications to Terms

I expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms periodically and to be aware of any modifications. Your continued use of the App after such modifications will constitute acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.

Age Requirements

Walxy is intended for users 18 years of age or older. By using the App, you confirm that you are at least 18 years old. The app's activity tracking features, health recommendations, and safety requirements are designed specifically for adult users.

If you are a parent or guardian allowing a minor to use the App, you are fully responsible for their usage and ensuring their safety while using the App, including supervision during walking activities.

Safety Disclaimer

By using Walxy, you acknowledge and agree that:

• You are responsible for choosing where to walk and explore
• You will follow all local laws and regulations regarding access to areas
• You will avoid dangerous locations such as industrial zones, construction sites, military facilities, airports, private property, or natural hazards like rivers and steep terrain
• You will use common sense and prioritize your safety over earning points or completing sectors
• You will not trespass on private property or restricted areas
• You will be aware of traffic and follow appropriate pedestrian safety measures
• Sector boundaries and accessibility information may not be complete or current
• Weather conditions and time of day may affect the safety of walking routes

I expressly disclaim all liability for any safety incidents, accidents, injuries, property damage, or legal issues that may arise during your use of the App or while following routes or exploring areas displayed in the App.

Location and Health Data

To provide its core functionality, Walxy requires access to your location data and may request access to health-related data such as step count. By using the App, you consent to:

• The collection and local storage of your location data during walks
• The processing of this data to show you explored sectors and walking statistics
• The use of motion data to track your activity level and provide fitness-related insights
• Internet connectivity requirements for sector identification and street naming

All data is stored locally on your device unless you choose to enable iCloud backup. You may revoke these permissions at any time through your device settings, though this will limit App functionality.

Apple Watch Integration

Walxy offers enhanced functionality when connected to an Apple Watch. By using Apple Watch features, you acknowledge and agree that:

• Connectivity Requirements: Your Apple Watch must be paired with your iPhone and the Walxy watch app must be installed
• Heart Rate Monitoring: The App will access heart rate data from your Apple Watch for fitness calculations and fat burning zone guidance
• Battery Impact: Apple Watch usage may significantly increase battery consumption on both devices (up to double normal usage)
• Data Processing: All watch data is processed locally on your devices and not transmitted to external servers
• Accuracy Limitations: Apple Watch sensors may be affected by fit, skin conditions, environmental factors, and device condition

HealthKit Integration

Walxy integrates with Apple's HealthKit framework to enhance fitness tracking capabilities. By enabling HealthKit integration, you agree that:

• Data Access: The App may access step count, heart rate, active energy, walking distance, and workout data from your Health app
• Enhanced Accuracy: HealthKit data is used to improve step counting, distance calculations, and calorie estimations
• Activity Detection: Health data helps distinguish walking from other activities like driving or cycling
• Local Processing: All HealthKit data is processed locally on your device and never transmitted to external servers
• Permission Control: You can revoke HealthKit permissions at any time through your device's Health app settings

iCloud Backup and Sync

Walxy offers optional iCloud integration for data backup and synchronization. By enabling iCloud features, you acknowledge that:

• Personal iCloud Account: Your data is backed up to your personal iCloud account and subject to Apple's iCloud terms and privacy policies
• Storage Requirements: You must have sufficient iCloud storage space and iCloud Drive enabled
• Data Responsibility: You are responsible for maintaining your Apple ID and iCloud account security
• Backup Content: Walking history, routes, photos, achievements, and app settings are included in backups
• Cross-Device Sync: Enabling sync allows data sharing between your iPhone, iPad, and Apple Watch
• Data Recovery Limitations: I cannot recover data from iCloud accounts I cannot access

Health and Fitness Disclaimer

Walxy provides fitness tracking features, including calorie burn estimates, walking speed recommendations, heart rate zone guidance, and activity monitoring. These features are for informational and recreational purposes only and not intended as medical advice.

By using Walxy, you acknowledge that:

• The fitness and health information provided is approximate and may not be accurate for your specific body or health condition
• You should consult with healthcare professionals before starting any new exercise program
• The App is not a medical device and cannot diagnose, treat, or prevent any medical condition
• You assume all risk associated with your physical activity while using the App
• Heart rate data from Apple Watch is for fitness purposes only and not for medical diagnosis
• Fat burning zone calculations are estimates based on general fitness principles
• Individual health conditions, medications, and fitness levels may affect the accuracy of recommendations

I expressly disclaim any warranty regarding the accuracy of fitness metrics, calorie calculations, heart rate monitoring, or other health-related information provided by the App.

Intellectual Property

The App, including all content, features, and functionality, is owned by Denis Svichkarev and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the App is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is my sole property.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App solely for your personal, non-commercial purposes. You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the App
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the App
• Remove any copyright, trademark, or other proprietary rights notices contained in or on the App
• Use the App for any commercial purpose or for the benefit of any third party
• Attempt to circumvent any premium features or subscription requirements

Premium Features and Subscriptions

Walxy offers premium features through in-app purchases and subscriptions. By purchasing a premium subscription, you acknowledge and agree that:

• All transactions are final and non-refundable except as required by applicable law
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Subscription management and cancellation must be done through your App Store account settings
• Pricing and features may change, with notice provided before changes take effect
• Family Sharing enabled subscriptions may be shared among family members as defined and limited by the App Store's Family Sharing policies

Premium features include but are not limited to:

• Unlimited walk duration (free version limits walks to 1 hour)
• Unlimited walks per day (free version limits to 2 walks per day)
• Unlimited cities and countries (free version allows only 2 cities)
• Unlimited walk history (free version shows only the last 10 walks)
• Ad-free experience
• Priority customer support

Battery Usage and Device Performance

Walxy uses GPS tracking, Apple Watch connectivity, and other device features that may cause increased battery consumption. I am not responsible for any battery drain, device performance issues, or data usage charges that may result from using the App. You acknowledge that:

• Continuous GPS usage will increase battery consumption
• Apple Watch connectivity may significantly impact battery life on both devices
• Background location tracking may impact device performance and battery life
• Heart rate monitoring and real-time data sync increase power consumption
• The App's performance may vary based on your device model, operating system version, and available resources
• Internet connectivity requirements may result in data usage charges

Accuracy of Information

While I strive for accuracy in all aspects of the App, I make no warranties regarding the precision of GPS tracking, sector boundaries, distance calculations, calorie estimates, heart rate monitoring, or other metrics. Maps and location data may contain errors or inaccuracies. You acknowledge that:

• GPS accuracy can be affected by buildings, weather, and other environmental factors
• Apple Watch sensor accuracy may vary based on device fit, skin conditions, and movement
• Sector boundaries and street names are approximate and may not reflect current conditions
• Fitness calculations are estimates and may not be accurate for your specific body type or conditions
• Internet connectivity is required for sector identification and may not always be available
• HealthKit data accuracy depends on the quality of data from connected devices and apps

Term and Termination

These Terms of Use will become effective when you download, install, or use the App and will remain effective until terminated by you or by me.

I reserve the right to terminate these Terms of Use or suspend your access to the App at any time in case of unauthorized or suspected unauthorized use of the App whether in contravention of these Terms of Use or otherwise. If I terminate these Terms of Use or suspend your access for any of the reasons set out in this section, I shall have no liability or responsibility to you.

You may terminate these Terms of Use by deleting the App from your device. Upon termination, your right to use the App will immediately cease. However, data stored in your iCloud account will remain until you delete it manually.

Disclaimer of Warranties and Limitations of Liability

To the maximum extent permitted by applicable law, I specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. I do not warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected, or that the App or the servers that make it available are free of viruses or other harmful components.

Under no circumstances will I be liable for any loss or damage caused by your reliance on information obtained through the App or for any harm resulting from your use of the App, including but not limited to issues related to Apple Watch connectivity, HealthKit integration, iCloud synchronization, or battery performance.

In no event shall I be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use the App
• Any conduct or content of any third party on the App
• Any content obtained from the App
• Unauthorized access, use, or alteration of your transmissions or content
• Any injuries, accidents, or other incidents that occur during your use of the App
• Issues with Apple Watch connectivity, heart rate accuracy, or health data
• Problems with iCloud backup, sync, or data recovery
• Battery drain or device performance issues
• Inaccuracies in fitness calculations, GPS tracking, or health recommendations

You agree to defend, indemnify, and hold me harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App or your violation of these Terms of Use.

Governing Law

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Italy.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the App shall be instituted exclusively in the courts of Italy, and you irrevocably submit to the personal jurisdiction of such courts in any such suit, action, or proceeding.

Contact Information

If you have any questions about these Terms of Use, please contact me:

• By email: walxy.app@gmail.com

By using Walxy, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.