Terms of Service

Important

Please read these Terms of Service carefully before using the PUSHIN application. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Services.

1. Introduction and Acceptance

1.1 Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SHAYO OÜ, registry code [PENDING COMPANY REGISTRATION via e-Residency Hub OÜ], a company registered in Estonia ("Company," "we," "us," or "our"), governing your use of:

• The PUSHIN mobile application (iOS and Android)

• The website shayoapps.com

• All related services, features, and content (collectively, the "Services")

1.2 Brand Names

SHAYO OÜ operates under the brand name "SHAYO APPS" and provides the "PUSHIN" application.

1.3 Age Requirements

You must be at least 16 years old to use our Services. If you are between 16 and 18 years old, you must have parental or guardian consent. Users under 16 are not permitted to use our Services.

1.4 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes through the app or via email. Your continued use after such changes constitutes acceptance of the updated Terms.

1.5 Device Compatibility

You are solely responsible for ensuring that your mobile device, operating system, and hardware meet the technical requirements for the PUSHIN application. We are not responsible for any failure of the Services due to device incompatibility.

2. Service Description

2.1 PUSHIN Application

PUSHIN is a digital wellness application that combines physical activity tracking with screen time management. The application allows users to:

• Track workout sessions (push-ups and other exercises)

• Earn screen time through completed workouts

• Block access to selected apps and websites during locked periods

• Monitor fitness progress and activity metrics

• Integrate with Apple Health and other fitness platforms

• Access premium features through subscription plans

2.2 Free and Premium Features

Free Features: Basic workout tracking, limited app blocking, and core functionality.

Premium Features: Available through subscription and may include advanced analytics, unlimited app blocking, extended unlock times, priority support, and additional workout types.

2.3 Service Availability

We strive to provide uninterrupted service but do not guarantee that our Services will always be available, error-free, or secure. We may modify, limit, suspend, or discontinue any feature, content, or aspect of the Services at any time without notice or liability.

3. User Accounts

3.1 Account Creation

To use certain features, you must create an account using:

• Apple Sign-In

• Google Sign-In

• Email and password

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials

• All activities that occur under your account

• Notifying us immediately of any unauthorized access

• Ensuring your account information is accurate and up to date

3.3 Account Termination

You may delete your account at any time through the app settings. We may suspend or terminate your account at any time, for any reason or no reason, without prior notice. This protects our community and systems if a user abuses the service. Upon termination:

• Your access to premium features will cease immediately

• Your data will be deleted in accordance with our Privacy Policy

• No refunds will be provided for unused subscription periods (except as required by law)

4. Subscriptions and Payments

4.1 Subscription Plans

Premium features are available through subscription plans billed monthly or annually. Subscription prices are displayed in the app and may vary by region.

4.2 Payment Processing

Payments are processed securely through Stripe. By subscribing, you explicitly authorize recurring charges to your payment method for the duration of your subscription. By subscribing, you agree to Stripe's terms of service. We do not store your complete payment card details.

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You will be charged the then-current subscription rate.

4.4 Cancellation

You may cancel your subscription at any time through:

• App settings

• Your App Store or Google Play account

• Contacting our support team

Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused time.

4.5 Free Trials

We may offer free trial periods. If you do not cancel before the trial ends, you will be automatically charged for the subscription. Trial availability and duration may vary.

4.6 Refund Policy

Refunds are handled in accordance with:

• EU Consumers: 14-day cooling-off period for digital services (unless you begin using premium features, which constitutes waiver of the right of withdrawal)

• App Store Purchases: Apple's refund policy

• Google Play Purchases: Google's refund policy

For refund requests, contact us at info@shayoapps.com with your transaction details.

4.7 Price Changes

We reserve the right to change subscription prices with 30 days' notice. Price changes do not affect existing subscriptions until renewal.

5. App Blocking and Screen Time Management

5.1 Voluntary Participation

App blocking features are entirely voluntary. You choose which apps to block and when to enable blocking. You use the app and its blocking features at your own risk. You are fully responsible for how you use the blocking features and any consequences that arise from restricted access to other applications. You can disable blocking at any time through the app settings.

5.2 How It Works

When enabled, PUSHIN uses:

• iOS: Apple's Screen Time API and Family Controls framework

• Android: Digital Wellbeing and usage access permissions

to restrict access to selected apps during "locked" periods until you complete a workout.

5.3 Emergency Access

Emergency services, system apps, and essential communications are never blocked. You can always:

• Access emergency calling features

• Disable blocking entirely through device settings

• Contact us for support

5.4 No Guarantee of Effectiveness

While we strive to provide effective blocking, we cannot guarantee that our blocking mechanisms cannot be circumvented. PUSHIN is a self-help tool, not parental control software.

5.5 Required Permissions

App blocking requires specific device permissions:

• iOS: Screen Time permission, Family Controls authorization

• Android: Usage Access permission, Accessibility services (optional)

You can revoke these permissions at any time through your device settings, which will disable blocking features.

5.6 Not Behavioral Therapy

PUSHIN is solely a productivity aid designed to help manage screen time. It is not behavioral therapy, addiction treatment, or a psychological intervention. We do not guarantee any behavioral changes, habit formations, or mental health improvements from using the application. Specifically, we do not guarantee that the application will reduce screen time, increase productivity, or improve habits.

6. Workout Tracking and Camera Usage

6.1 Camera Access

PUSHIN uses your device camera to detect and count push-ups and other exercises using machine learning pose detection. Camera access is required for workout tracking features.

6.2 Privacy During Workouts

Workout videos are processed locally on your device in real-time. We do not record, store, or transmit workout videos to our servers. Only workout statistics (reps, duration, timestamps) are saved.

6.3 Health Data Integration

With your permission, PUSHIN integrates with Apple Health to:

• Display your daily step count

• Show activity and workout summaries

• Track fitness progress

Health data is accessed read-only and is not shared with third parties.

6.4 Accuracy Disclaimer

Workout tracking uses machine learning and may not be 100% accurate. Factors affecting accuracy include lighting, camera angle, and movement quality. PUSHIN is for informational and motivational purposes only.

7. Health and Safety

7.1 Medical Disclaimer

PUSHIN IS NOT A MEDICAL DEVICE. Our Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Always consult a qualified healthcare provider before starting any exercise program.

7.2 Assumption of Risk

Physical exercise carries inherent risks. You use the application and perform workouts entirely at your own risk. You assume full responsibility for any injuries, accidents, or health complications that may result from using our Services. By using our workout tracking features, you acknowledge and accept these risks, including but not limited to:

• Muscle strain or injury

• Cardiovascular stress

• Falls or accidents

• Aggravation of pre-existing conditions

7.2b No Guarantee of Results

We do not guarantee any specific fitness results, weight loss, muscle gain, or health outcomes from using the PUSHIN application. Individual results vary based on numerous factors beyond our control.

7.3 When Not to Use

Do not use PUSHIN workout features if you:

• Have been advised by a doctor not to exercise

• Experience chest pain, dizziness, or shortness of breath

• Are pregnant or have recently given birth (without medical clearance)

• Have uncontrolled medical conditions

7.4 Stop Exercising If

Stop immediately and seek medical attention if you experience:

• Chest pain or pressure

• Severe shortness of breath

• Dizziness or lightheadedness

• Pain or discomfort

7.5 No Professional Advice

PUSHIN does not provide personalized fitness or medical advice. Content in the app is for general informational purposes only and should not replace professional guidance.

8. User Conduct and Prohibited Activities

8.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable laws or regulations

• Infringe on intellectual property rights

• Transmit malicious code or harmful content

• Attempt to gain unauthorized access to our systems

• Interfere with other users' experience

• Use automated tools to access the Services (bots, scrapers, etc.)

• Reverse engineer, decompile, or disassemble the application

• Remove or modify any copyright or proprietary notices

8.2 Account Sharing

Accounts are for individual use only. Sharing accounts or credentials is prohibited and may result in account termination.

8.3 Data Accuracy

You agree to provide accurate information and not to impersonate others or misrepresent your identity or affiliation.

9. Intellectual Property

9.1 Our Rights

All intellectual property in the Services, including but not limited to:

• Software code and architecture

• Trademarks (PUSHIN™, SHAYO APPS™)

• Logos and branding

• Content, text, and graphics

• User interface and design

are owned by SHAYO OÜ or our licensors and are protected by Estonian, EU, and international intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms.

9.3 Your Content

You retain ownership of any content you create using the Services (e.g., workout logs, profile information). By using our Services, you grant us a license to store and process this content to provide and improve our Services.

9.4 Feedback

If you provide feedback, suggestions, or ideas, we may use them without compensation or attribution to you.

10. Third-Party Services and Links

10.1 Third-Party Integrations

Our Services integrate with third-party services including:

• Stripe: Payment processing

• Apple Health: Health data integration

• Apple Sign-In / Google Sign-In: Authentication

• PostHog: Analytics

Your use of these services is subject to their respective terms and privacy policies, which we encourage you to review.

10.2 Third-Party Links

Our Services may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of any third-party sites.

10.3 No Endorsement

Inclusion of third-party services or links does not imply our endorsement or affiliation.

11. Privacy and Data Protection

11.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, available at https://shayoapps.com/privacy-policy, which is incorporated into these Terms by reference.

11.2 GDPR Compliance

As an EU-based company, we comply with the General Data Protection Regulation (GDPR). You have rights regarding your personal data as described in our Privacy Policy.

11.3 Data Controller

SHAYO OÜ is the data controller for personal data collected through the Services.

12. Disclaimers and Limitations of Liability

12.1 "As Is" Basis

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose

• Non-infringement

• Accuracy or reliability

• Availability or uninterrupted access

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHAYO OÜ SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages

• Loss of profits, revenue, data, or use

• Personal injury or property damage related to your use of the Services

• Any damages arising from workout activities or app blocking features

Our total liability to you for any claims arising from the Services shall not exceed the amount you paid to us in the 12 months preceding the claim, or €100, whichever is greater.

12.3 Consumer Rights

Nothing in these Terms limits your statutory consumer rights under applicable EU or Estonian law, including rights related to defective products or services.

12.4 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, wars, pandemics, internet failures, or acts of government.

13. Indemnification

You agree to indemnify, defend, and hold harmless SHAYO OÜ, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use or misuse of the Services

• Your violation of these Terms

• Your violation of any third-party rights

• Any injuries or damages resulting from your use of workout features

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Estonia. For EU consumers, mandatory consumer protection laws of your country of residence also apply.

14.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts of Tallinn, Estonia, except where EU consumer protection laws provide otherwise.

14.3 EU Online Dispute Resolution

EU consumers may use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

14.4 Informal Resolution

Before filing any formal dispute, please contact us at info@shayoapps.com to attempt to resolve the matter informally.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SHAYO OÜ regarding the Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

15.5 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and SHAYO OÜ by these Terms.

15.6 Survival

Provisions that by their nature should survive termination (including disclaimers, limitations of liability, and indemnification) shall survive termination of these Terms.

15.7 Language

These Terms are provided in English. In case of conflicts between translations, the English version prevails.

16. Contact Information

For questions, concerns, or requests regarding these Terms, please contact us:

SHAYO OÜ (SHAYO APPS)
Email: info@shayoapps.com
Website: https://shayoapps.com
Address: [Registered via e-Residency Hub OÜ, Estonia]
Registry Code: [PENDING COMPANY REGISTRATION via e-Residency Hub OÜ]

17. Acknowledgment

BY CLICKING "I AGREE," DOWNLOADING, INSTALLING, OR USING THE PUSHIN APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SHAYO OÜ, registry code [PENDING COMPANY REGISTRATION via e-Residency Hub OÜ], a company registered in Estonia ("Company," "we," "us," or "our"), governing your use of: The PUSHIN mobile application (iOS and Android) The website shayoapps.com All related services, features, and content (collectively, the "Services") 1.2 Brand Names SHAYO OÜ