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Terms of Service

Effective date: 30.11.2026

DRAFT — This text is awaiting legal review and must be finalised before publication. Highlighted fields are missing information.

1. About these Terms

1.1 These Terms of Service ("Terms") govern your use of the EceTempo app for iPhone and Apple Watch and any related features, content and updates (together, the "Service").

1.2 The Service is provided by VIVARDIQ Sağlık Bilişim Ltd. Şti., Pamukkale Teknokent, Denizli, Türkiye, trade registry no 55428, MERSİS no 0925134148200001 ("VIVARDIQ", "we", "us").

1.3 By downloading, installing or using the Service, you agree to these Terms and to our Privacy Policy (view). If you do not agree, do not use the Service.

1.4 Some sections apply only to paid subscriptions. Section 3 (health and safety) applies to everyone and should be read before your first workout.

1.5 These Terms are available in Turkish and English. For users in Türkiye, the Turkish version prevails; for all other users, the English version prevails.

2. The Service

2.1 EceTempo is an exercise coaching app for Apple Watch. It helps you train at an intensity you choose by using:

  • personalised heart-rate zones;

  • perceived effort ratings;

  • targets based on clinical exercise test results that you enter;

  • interval plans that you can create and customize;

  • real-time haptic (vibration) guidance on your wrist.

2.2 The Service is a general fitness and wellness tool. It is not a medical device and is not intended to diagnose, treat, cure, monitor or prevent any disease or medical condition.

2.3 We may add, change or remove features to improve the Service, to meet legal requirements or for safety reasons. If a change materially reduces a paid feature during an active subscription period, we will tell you in advance where reasonably possible.

3. Not medical advice: health and safety

3.1 EceTempo does not give medical advice. Information, zones, targets and guidance in the Service are for general fitness purposes only. They do not replace advice from a physician, cardiologist, physiotherapist or other qualified health professional.

3.2 Check with a professional before you start. Speak to a doctor before using the Service, or before increasing your training intensity, if you:

  • have, or have had, a heart, lung, metabolic or kidney condition;

  • have high blood pressure, diabetes or a pacemaker or other implanted device;

  • take medication that affects heart rate (for example, beta blockers);

  • are pregnant or recently gave birth;

  • are recovering from illness, injury or surgery, or are in a rehabilitation programme;

  • have ever felt chest pain, fainted or felt dizzy during exercise.

3.3 Clinical test-based targets. You may enter values from a clinical exercise test (for example, a cardiopulmonary exercise test). The Service only converts the values you enter into training zones. We do not check whether those values are correct, current or suitable for you. Ask the professional who ran the test how to use the results for training. If your health or medication changes, repeat the test or ask for new targets before relying on old ones.

3.4 Stop exercising and get help if you feel chest pain or pressure, severe shortness of breath, an irregular or racing heartbeat, dizziness, faintness, or unusual pain. In an emergency, call your local emergency number (112 in Türkiye). Do not wait for, or rely on, an alert from the Service.

3.5 Listen to your body. Haptic cues tell you whether your measured heart rate is inside your chosen zone. They are not a safety warning. Always use your own judgement, and slow down or stop when you need to, even if the Service suggests otherwise.

3.6 Use the Service safely. Pay attention to your surroundings. Do not look at your watch or phone in situations where this could be dangerous, such as when cycling or running near traffic.

3.7 You use the Service at your own risk and are responsible for choosing exercise that is appropriate for your health and fitness.

4. Eligibility

4.1 You must be at least 18 years old to use the Service. If you are 16 or 17, you may use it only with the consent and supervision of a parent or legal guardian, who accepts these Terms on your behalf.

4.2 The Service is not intended for children under 16.

5. Devices, Apple Health and accuracy

5.1 The Service needs a compatible iPhone and Apple Watch running supported software versions, as listed on the App Store. You are responsible for your devices, their settings, software updates and battery.

5.2 Heart-rate and other readings come from Apple Watch sensors and Apple Health, not from VIVARDIQ. Readings can be delayed, missing or inaccurate, for example because of how the watch fits, skin perfusion, tattoos, movement, cold, low battery or the type of activity.

5.3 Because of this, zones, targets and haptic cues may sometimes be wrong or delayed. Do not rely on the Service for any decision where an inaccurate reading could harm you.

5.4 The Service works with Apple Health only with your permission. You can change or withdraw this permission at any time in your iPhone settings. Some features will not work without it.

6. Subscriptions, payments and refunds

6.1 No account. You do not need to create an account. Your settings, plans and workout data are stored on your devices and, where you allow it, in Apple Health.

6.2 Subscriptions. Some features require a paid subscription, bought through Apple's App Store. The price, billing period and any free trial are shown on the purchase screen before you confirm.

6.3 Automatic renewal. Your subscription renews automatically at the end of each billing period, and your Apple ID is charged, unless you cancel at least 24 hours before the current period ends. You can manage or cancel your subscription at any time in your Apple ID settings (Settings > [your name] > Subscriptions). Cancelling stops the next renewal; you keep access until the end of the period you have paid for.

6.4 Free trials. If a free trial is offered, you will be charged when it ends unless you cancel at least 24 hours before. Any unused part of a trial ends when you buy a subscription.

6.5 Price changes. We may change subscription prices. Apple will notify you in advance and, where the law or Apple's rules require, ask for your consent before a higher price applies.

6.6 Refunds. Payments are processed by Apple, and Apple decides refund requests under its own policies. You can request a refund at reportaproblem.apple.com. Nothing in these Terms limits any refund or withdrawal rights you have under mandatory consumer law.

6.7 Restore purchases. If you change or reset your device, use "Restore Purchases" in the app to regain access to an active subscription.

6.8 Device data. Because your data is stored on your devices, deleting the app or losing a device may delete your plans and history, unless they are kept in Apple Health or in your device backups. We cannot recover data that we never held.

7. Acceptable use

You agree not to:

  • copy, modify, sell, rent or distribute the Service, except as these Terms allow;

  • reverse engineer, decompile or try to extract the source code, except where the law expressly permits it;

  • bypass subscription checks or other technical protections;

  • use the Service for any unlawful purpose or in a way that could harm others;

  • present the Service, or its zones and targets, to others as medical advice or as a medical device;

  • use the Service to provide paid coaching or clinical services to others without our written permission.

8. Intellectual property and license

8.1 The Service, including its software, design, text, graphics, training methods and the EceTempo name and logo, belongs to VIVARDIQ or its licensors and is protected by intellectual property laws.

8.2 We grant you a personal, non-exclusive, non-transferable, revocable license to use the Service on Apple devices that you own or control, for your own non-commercial use, under these Terms and the App Store usage rules.

8.3 Interval plans and settings you create belong to you. We do not receive them, because they stay on your devices.

8.4 If you send us feedback or suggestions, we may use them to improve the Service without any obligation to you.

9. Privacy and health data

9.1 Our Privacy Policy (view) explains what data the Service uses and why. For users in Türkiye, it also serves as the information notice under the Personal Data Protection Law No. 6698 (KVKK).

9.2 Heart-rate, workout and health data read from or written to Apple Health are used only to provide the Service's features on your devices. We do not use them for advertising, do not sell them and do not share them with third parties for marketing.

9.3 We do not operate user accounts or store your workout data on our servers. If this changes, we will update the Privacy Policy and these Terms, and ask for your consent where the law requires it, before any such data leaves your devices.

10. Disclaimers and limitation of liability

10.1 As is. To the extent the law allows, the Service is provided "as is" and "as available". We do not promise that it will be uninterrupted, error-free, or that its readings, zones or guidance will be accurate or suitable for you, or that it will produce any particular fitness or health result.

10.2 Limitation. To the extent the law allows, VIVARDIQ is not liable for:

  • indirect or consequential loss, such as loss of data, profit or opportunity;

  • loss caused by inaccurate or delayed readings from your devices or Apple Health;

  • loss caused by your failure to follow Section 3, or by using values or targets that were wrong or out of date;

  • events beyond our reasonable control.

10.3 Cap. To the extent the law allows, our total liability to you for all claims relating to the Service is limited to the amount you paid for the Service in the 12 months before the claim arose.

10.4 What we do not exclude. Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, for intent or gross negligence, or any other liability that cannot be limited under applicable law, including the Turkish Code of Obligations and the Consumer Protection Law No. 6502. Your mandatory rights as a consumer are not affected.

11. Termination, changes and governing law

11.1 Ending use. You can stop using the Service at any time by deleting the app. Deleting the app does not cancel a subscription; cancel it in your Apple ID settings (Section 6.3).

11.2 Suspension by us. We may suspend or end your access if you seriously or repeatedly breach these Terms, or if the law requires it. Where reasonable, we will tell you why in advance.

11.3 Changes to these Terms. We may update these Terms, for example when we add features or when the law changes. We will show the new effective date and, for material changes, notify you in the app before they apply. If you continue to use the Service after that date, the updated Terms apply. If you do not agree, stop using the Service and cancel your subscription.

11.4 Governing law. These Terms are governed by the laws of the Republic of Türkiye. If you are a consumer living in another country, you also keep the protection of the mandatory laws of that country.

11.5 Disputes. Consumers in Türkiye may apply to the consumer arbitration committee (Tüketici Hakem Heyeti) or consumer court at their place of residence, within the monetary limits set each year. For all other disputes, the courts and enforcement offices of Denizli have jurisdiction, without prejudice to any mandatory jurisdiction rules.

11.6 Other terms. If any part of these Terms is found invalid, the rest stays in effect. If we do not enforce a right, we have not waived it. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service.

12. Apple App Store terms and contact

These terms apply because you obtained the Service from Apple's App Store.

12.1 Parties. These Terms are between you and VIVARDIQ only, not Apple Inc. ("Apple"). VIVARDIQ, not Apple, is solely responsible for the Service and its content.

12.2 Licence scope. Your licence is limited to use on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

12.3 Support. VIVARDIQ is solely responsible for maintenance and support of the Service. Apple has no obligation to provide any maintenance or support.

12.4 Warranty. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for the Service. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are VIVARDIQ's responsibility, to the extent set out in these Terms.

12.5 Product claims. VIVARDIQ, not Apple, is responsible for addressing any claims by you or a third party relating to the Service, including product liability claims, claims that the Service fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws, including in connection with its use of HealthKit.

12.6 Intellectual property claims. If a third party claims that the Service or your use of it infringes their intellectual property rights, VIVARDIQ, not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.

12.7 Legal compliance. You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

12.8 Third-party terms. When using the Service, you must comply with the terms of any third-party services you use, such as Apple Health.

12.9 Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple may enforce these Terms against you as a third-party beneficiary.

Contact

VIVARDIQ Sağlık Bilişim Ltd. Şti.

Pamukkale Teknokent, Kınıklı Mahallesi, Hüseyin Yılmaz cad. No:67/4, Pamukkale, Denizli, Türkiye

Email: info@vivardiq.com

Effective date: 30.11.2026

English version → · For users in Türkiye, the Turkish text prevails.