Workout Notepad

Workout Notepad

End-User License Agreement (EULA) for Workout Notepad

Last Updated: April 5, 2025

This End-User License Agreement ("EULA") is a legal agreement between you ("User" or "you") and LandersWeb LLC, an Oregon limited liability company ("LandersWeb", "we", "us", or "our"), the provider of the Workout Notepad mobile application and any associated services or features ("Software").

This EULA governs your acquisition and use of our Software directly from LandersWeb or indirectly through authorized platforms (like the Apple App Store or Google Play Store).

PLEASE READ THIS EULA CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS IMPORTANT WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS.

BY CLICKING "ACCEPT", INSTALLING, OR USING THE SOFTWARE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE.

This EULA applies only to the Software supplied by LandersWeb herewith. The terms also apply to any updates, supplements, or support services for the Software provided by LandersWeb, unless other terms accompany those items.

1. License Grant

Subject to your compliance with the terms of this EULA, LandersWeb hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Software on mobile devices (iOS or Android) that you own or control, strictly in accordance with this EULA and any applicable usage rules provided by app marketplaces (e.g., Apple App Store Terms of Service, Google Play Terms of Service).

2. License Restrictions

You agree that you will not, and will not permit others to:

  • Copy the Software, except as expressly permitted by this license.
  • Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software.
  • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof.
  • Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Software.
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software, to any third party for any reason.
  • Use the Software for any purpose that is illegal, fraudulent, or breaches any applicable local, national, or international law.
  • Use the Software for any purpose that LandersWeb considers a breach of this EULA agreement.
  • Use the Software in any way that could damage, disable, overburden, or impair the Software or interfere with any other party's use of the Software.

3. Subscription Terms and Tiers

The Software may be offered in different tiers, including a free tier and one or more paid subscription tiers ("Subscription"). Access to certain features or functionalities may require an active Subscription.

Acquisition and use of Subscription features are subject to additional terms and payment obligations, which will be presented to you at the time of purchase or subscription sign-up. These may be included in separate "Terms of Service" or "Subscription Terms," which you must also agree to. Failure to comply with payment obligations may result in suspension or termination of access to Subscription features.

4. User-Generated Content (UGC)

You are responsible for all workout data, notes, custom exercises, and other content you create, input, or upload while using the Software ("User-Generated Content" or "UGC"). You retain ownership of your UGC.

However, by creating, inputting, or uploading UGC within the Software, you grant LandersWeb LLC a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, store, modify, and display your UGC solely for the purposes of:

  • Operating, providing, securing, and maintaining the Software and its features for you (including displaying your data, enabling cloud backup and synchronization).
  • Developing, improving, and optimizing the Software and related services (which may involve the use of anonymized or aggregated UGC that does not personally identify you).
  • Enforcing this EULA and complying with applicable law or legal process.

This license continues even if you stop using the Software, primarily for backup retention, potential anonymized analysis, and compliance purposes, unless you explicitly request data deletion in accordance with our Privacy Policy.

5. Intellectual Property Rights

You acknowledge and agree that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this EULA, or any other rights thereto other than to use the Software in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA.

LandersWeb LLC and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Software, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of LandersWeb LLC.

6. Cloud Backup and Data Synchronization

The Software may offer an optional feature to back up and synchronize your UGC using third-party cloud storage services (such as Amazon Web Services - AWS). Use of this feature requires an internet connection.

While LandersWeb uses commercially reasonable efforts to ensure the reliability and security of this service, you acknowledge that:

  • Data transmission over the internet and cloud storage is never completely secure or error-free.
  • LandersWeb is not responsible or liable for any failures in backup or synchronization, data corruption, loss of data, or unauthorized access to your backed-up data, except as required by applicable law.
  • You are responsible for maintaining your own backups of important UGC where possible.
  • Use of cloud services may be subject to the terms and privacy policies of the third-party provider (e.g., AWS).

7. Privacy

Your use of the Software is also governed by our Privacy Policy, which describes how we collect, use, store, and handle your information (including email address, optional name, UGC, and data related to cloud backups). Our Privacy Policy can be found at: https://workoutnotepad.co/privacy-policy

By accepting this EULA, you consent to the practices described in our Privacy Policy.

8. Updates

LandersWeb may, from time to time, in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality.

You agree that LandersWeb has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet, either:

  • The Software will automatically download and install all available Updates; or
  • You may receive notice of or be prompted to download and install available Updates.

You acknowledge and agree that timely installation of Updates may be required for the continued proper functioning, security, and usability of the Software, including access to certain features or cloud services. You agree that LandersWeb may condition your continued use of the Software or certain features on your installation of Updates and may make certain Updates mandatory.

9. Support Services

LandersWeb may provide user support for the Software at its sole discretion. The availability, scope, and means of support may vary between free and Subscription tiers and are not guaranteed under this EULA unless specified in separate support terms or Subscription details.

10. Termination

This EULA is effective from the date you first install or use the Software and shall continue until terminated.

You may terminate this EULA at any time by uninstalling the Software from all your devices and ceasing all use.

LandersWeb may terminate this EULA at any time without notice if you fail to comply with any term(s) of this EULA. LandersWeb may also terminate this EULA for any reason upon reasonable notice (e.g., if discontinuing the Software).

Upon termination:

  • All rights and licenses granted to you under this EULA will immediately terminate.
  • You must cease all use of the Software and delete all copies of the Software from your devices.
  • Provisions that by their nature should survive termination will remain in effect, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and governing law.

11. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LandersWeb LLC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITATION TO THE FOREGOING, LandersWeb LLC PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SPECIFICALLY, YOU ACKNOWLEDGE THAT THE SOFTWARE IS INTENDED FOR INFORMATIONAL AND TRACKING PURPOSES ONLY AND DOES NOT OFFER MEDICAL, HEALTH, FITNESS, OR NUTRITIONAL ADVICE. LandersWeb LLC IS NOT A LICENSED MEDICAL CARE PROVIDER AND HAS NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND. YOU SHOULD CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE STARTING ANY EXERCISE PROGRAM OR MAKING ANY DECISIONS BASED ON DATA FROM THE SOFTWARE.

LandersWeb LLC DOES NOT WARRANT THAT DATA STORED LOCALLY OR BACKED UP VIA CLOUD SYNCHRONIZATION WILL BE SECURE, ACCURATE, COMPLETE, OR FREE FROM LOSS OR CORRUPTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LandersWeb LLC OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF DATA, PERSONAL INJURY, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, INCLUDING ANY DAMAGES RESULTING FROM THE LOSS, CORRUPTION, OR INACCURACY OF DATA OR FAILURE OF CLOUD BACKUP OR SYNCHRONIZATION FEATURES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF LandersWeb LLC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, LandersWeb LLC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE (SPECIFICALLY FOR THE LICENSE GRANTED HEREIN, SEPARATE FROM ANY SUBSCRIPTION FEES FOR ONGOING SERVICES WHICH MAY BE GOVERNED BY OTHER TERMS) OR US $50.00.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless LandersWeb LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Software or your breach of this EULA, including but not limited to the content you submit or make available through this Software (your UGC).

14. Governing Law and Jurisdiction

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement including any question regarding its existence, validity or termination, shall be governed by and construed in accordance with the laws of the State of Oregon, USA, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to this EULA or the Software shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Severability

If any provision of this EULA is held to be unenforceable or invalid under applicable law, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

This EULA, together with our Privacy Policy and any applicable Subscription Terms or Terms of Service you agree to, constitutes the entire agreement between you and LandersWeb LLC with respect to the Software and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Software.

17. Contact Information

If you have any questions about this EULA, please contact LandersWeb LLC at: support@sapphirenw.com