01Agreement
These Terms of Use (“Terms”) govern your use of the iPhone apps Subí and Gym (the “Apps”) and the website ifnux.com (the “Site”), provided by IFNUX SAS, Montevideo, Uruguay (“Ifnux”, “we”, “us”). By downloading, installing or using the Apps or the Site, you agree to these Terms. If you don’t agree, please don’t use them.
Apps obtained from the App Store are also licensed to you under Apple’s Licensed Application End User License Agreement (the “Standard EULA”). These Terms add to it; if they conflict regarding your license to an App, the Standard EULA prevails. Our Privacy Policy explains how information is handled.
02License
We grant you a personal, non-exclusive, non-transferable, revocable license to use the Apps on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. You may not:
- copy, modify, sell, rent, lend or distribute the Apps, except as the law expressly allows;
- reverse engineer, decompile or disassemble the Apps, except as the law expressly allows;
- use the Apps in a way that breaks the law, infringes anyone’s rights, or overloads, disrupts or abuses the services they connect to;
- remove or alter notices of ownership or data attribution.
03Subí: transit information
Subí shows public-transport information from public sources: the Intendencia de Montevideo (including its STM real-time feed), the Ministry of Transport and Public Works (MTOP) and community-maintained datasets. Schedules, live positions, arrival estimates, routes and trip plans may be inaccurate, incomplete, delayed or unavailable, and services can change without notice. Always confirm with official sources and signage, and allow extra time for important trips. We are not responsible for missed buses or connections, delays, or their consequences.
Subí is independent. It is not affiliated with, endorsed by or operated by the Intendencia de Montevideo, the MTOP, the STM or any transport operator. Data from the Intendencia de Montevideo is used under the Creative Commons Attribution 4.0 license.
Stay aware of your surroundings. Don’t use the app while driving or in any way that puts you or others at risk.
04Gym: fitness information
Gym helps you follow and log workouts. It does not provide medical, health or professional training advice. Exercise carries a risk of injury: consult a doctor before starting or changing an exercise program, use proper technique and supervision, and stop immediately if you feel pain, dizziness or discomfort. Routines, videos and instructions come from you or your gym; we don’t create or review them. Figures such as estimated one-rep max are approximations.
Signing in with a gym account is optional. Only use an account you are allowed to use. Your relationship with your gym is governed by its own terms. Gym is independent and is not affiliated with or endorsed by any gym, and signing in or syncing with your gym may change or stop working at any time.
05Your data and backups
What you create in the Apps is stored on your device and belongs to you. You are responsible for keeping backups — Gym can export one. We can’t recover data lost when a device is lost or reset, or when an App is deleted.
06Third-party services
The Apps rely on services we don’t control: Apple Maps, the STM feed, open-data portals and, if you sign in to Gym, your gym. Their availability and content are their providers’ responsibility, and their own terms apply. Links on the Site to other websites are provided for convenience only.
07Price
The Apps are currently free and contain no ads or in-app purchases. If we ever offer paid features, they will be sold through the App Store under Apple’s terms, and you will see the price before you buy.
08Intellectual property
The Apps, the Site and their design, code, names and logos belong to Ifnux or its licensors. These Terms give you no rights to them other than the license above. Apple, iPhone, App Store, Siri and Apple Maps are trademarks of Apple Inc.; other names belong to their respective owners. If you send us feedback or suggestions, we may use them freely and without any obligation to you.
09Disclaimer
To the fullest extent permitted by law, the Apps and the Site are provided “as is” and “as available”, without warranties of any kind, express or implied, including accuracy, reliability, availability, fitness for a particular purpose and non-infringement. Nothing in these Terms limits rights you have as a consumer that cannot be waived under applicable law, including Uruguay’s Consumer Relations Law No. 17.250.
10Limitation of liability
To the fullest extent permitted by law, Ifnux will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, time or opportunity, arising from your use of, or inability to use, the Apps or the Site. Our total liability for any claim relating to them is limited to the greater of the amount you paid for the App (currently zero) or USD 50. These limits don’t apply where the law doesn’t allow them, such as liability for wilful misconduct or gross negligence.
11Changes and termination
We may update the Apps, change or discontinue features, or stop offering them at any time. We may also update these Terms; when we do, we’ll change the effective date above and, for significant changes, mention them in the app’s release notes or on this Site. If you keep using the Apps after a change takes effect, the updated Terms apply. You can stop using the Apps at any time by deleting them. Your license ends automatically if you breach these Terms.
12Governing law
These Terms are governed by the laws of the Oriental Republic of Uruguay. Disputes will be resolved by the competent courts of Montevideo, Uruguay, unless the consumer laws of your country of residence give you the right to bring a claim where you live.
13App Store terms
If you got an App from the App Store, you also acknowledge and agree that:
- These Terms are between you and Ifnux only, not Apple. Ifnux, not Apple, is solely responsible for the App and its content.
- Apple has no obligation whatsoever to provide maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Ifnux, not Apple, is responsible for addressing any claims relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
- If a third party claims that the App or your possession or use of it infringes their intellectual property rights, Ifnux, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
- You represent that you are not located in a country subject to a 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.
- You must comply with any applicable third-party terms when using the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.
14General
If any provision of these Terms is found unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours as part of a reorganization or a sale of the Apps. These Terms, together with the Privacy Policy and, for App Store downloads, the Standard EULA, are the entire agreement between you and us about the Apps and the Site.
15Contact
Questions, complaints or claims:
IFNUX SAS
Montevideo, Uruguay
support@ifnux.com