Terms of Use

These Terms of Use (“Terms”) form a binding agreement between you and Mariana Blinov (“NEX”, “we”, “us”) governing your use of the NEX – Fitness Workout Tracker mobile application and the website at thenex.fit (together, the “Service”). By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

NEX is a strength-training and workout tracking application for iOS. The Service is operated by Mariana Blinov, an individual entrepreneur based in Ukraine. You can reach us at support@thenex.fit.

You must be at least 13 years old and legally able to enter into a binding contract to use the Service. If you are under the age of majority in your jurisdiction, you may only use the Service with the consent of a parent or legal guardian.

Some features of NEX require an account. You agree to provide accurate information, to keep your credentials secure, and to be responsible for all activity that occurs under your account. Notify us promptly at support@thenex.fit if you suspect unauthorized use of your account.

NEX offers optional paid subscriptions (“NEX Pro”) that unlock additional features. Subscription details, including duration and price, are shown in the App Store before purchase.

Where offered, NEX Pro may include a free trial (typically 1 week). Unless you cancel at least 24 hours before the trial ends, the subscription will automatically convert into a paid subscription and your Apple ID will be charged. Eligibility for a free trial is determined by Apple and may not be available to all users.

All payments for NEX Pro are processed by Apple and charged to the Apple ID associated with your device. NEX does not receive or store your payment card information. Your purchase is governed by the payment terms of the App Store in addition to these Terms.

NEX Pro subscriptions renew automatically at the end of each billing period at the then-current price, unless auto-renew is turned off at least 24 hours before the end of the current period. Your Apple ID will be charged for renewal within 24 hours prior to the end of the current period.

You can manage or cancel your subscription at any time from your Apple ID subscription settings: on your device, open Settings › [your name] › Subscriptions. Cancellation takes effect at the end of the current billing period; you will continue to have access to NEX Pro until then.

Subscription pricing is shown in the App Store before purchase and may vary by country or region. Prices may change from time to time; any change will only apply to future billing periods and will be disclosed in accordance with Apple’s requirements.

Purchases and refunds are handled by Apple in accordance with Apple’s policies. NEX cannot directly issue refunds for App Store transactions. You may request a refund through Apple at reportaproblem.apple.com.

Your license to use the NEX iOS app is also subject to Apple’s Standard Licensed Application End User License Agreement, available at apple.com/legal/internet-services/itunes/dev/stdeula. In the event of a conflict between these Terms and the Apple EULA with respect to the iOS app, the Apple EULA governs to the extent required by Apple.

You agree not to:

• Use the Service for any unlawful, fraudulent, or harmful purpose.
• Copy, modify, decompile, reverse engineer, or attempt to derive the source code of the Service, except to the extent permitted by law.
• Interfere with, disrupt, or overload the Service, or attempt to gain unauthorized access to any part of it.
• Scrape, harvest, or otherwise collect data from the Service without permission.
• Resell, sublicense, or commercially exploit the Service without our consent.

The Service, including the NEX name, logo, app design, content, and software, is owned by Mariana Blinov and protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial use, subject to these Terms. You retain ownership of the workout and training data you enter into the Service.

NEX is a fitness tracking tool and is not a medical device. The Service does not provide medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before starting or changing any exercise program, especially if you have an injury, medical condition, or any concerns about your health. You use the Service and any training information it provides at your own risk.

The Service is provided on an “as is” and “as available” basis. We may modify, suspend, or discontinue features of the Service at any time without liability. We do not guarantee that the Service will be uninterrupted, error-free, or free from loss of data.

To the maximum extent permitted by applicable law, NEX and Mariana Blinov shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Nothing in these Terms limits any liability that cannot be limited by law.

We may update these Terms from time to time. When we do, we will revise the “Effective date” at the top of this page. Material changes will be communicated through the Service or by other reasonable means. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of Ukraine, without regard to its conflict of law rules. Any dispute arising out of or in connection with these Terms shall be resolved in the competent courts of Ukraine, without prejudice to any mandatory consumer protection rights available to you in your country of residence.

For any questions about these Terms, contact us at support@thenex.fit. See also our Privacy Policy.