Read This First — Health and Safety
APX Tempo is a workout timer. It is not a doctor, a coach, or a substitute for professional medical or fitness advice. Exercise carries a real risk of serious injury or death. By using this App you accept that risk yourself. Please read Section 9 — Health, Safety, and Medical Disclaimer in full before you use the App. It is the most important section of this document.
1. Acceptance of These Terms
1.1. These Terms of Use (the “Terms”) are a legal agreement between you and APEX Precision Training LLC, a limited liability company based in Denver, Colorado, USA.
1.2. By downloading, installing, or using APX Tempo, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the App — delete it from your device.
1.3. If you use the App on behalf of a gym, studio, team, or other organization, you confirm that you have the authority to accept these Terms for that organization.
2. Eligibility
2.1. You must be at least 13 years old to use APX Tempo. If the app store or platform you downloaded the App from sets a higher minimum age for your country, that higher age applies.
2.2. If you are under the age of majority where you live, you may use the App only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
2.3. The App is not directed to children under 13, and we do not knowingly permit them to use it.
3. What the App Does
3.1. APX Tempo is an interval and workout timer for the gym. It provides:
- Configurable work, rest, set, and round-reset phases;
- Multiple named exercises within a single workout;
- Presets — Circuit, Hypertrophy, Cooldown, and Custom;
- A Quick Timer flat countdown mode;
- Audio cues (spoken prompts and chimes) that play over your music, including while the App is in the background;
- Local storage of your workout configurations and session history on your device;
- Optional calendar sync that writes completed-workout events to your device’s calendar, if you grant permission.
3.2. The App has no account and no login. There is no user profile and no server that receives your workout data. Your workouts stay on your device. See the Privacy Policy for details.
3.3. We may add, change, or remove features at any time. We will try not to break things you rely on, but we do not promise that any particular feature will remain available.
4. License Grant
4.1. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms and the Usage Rules in the App Store Terms of Service.
4.2. This is a license, not a sale. We and our licensors retain all right, title, and interest in and to the App, including all software, audio, text, graphics, designs, and trademarks.
4.3. You may not:
- copy, modify, translate, or create derivative works of the App;
- reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the limited extent that applicable law expressly permits it despite this restriction;
- rent, lease, lend, sell, redistribute, or sublicense the App;
- remove or obscure any proprietary notices;
- use the App to build a competing product, or use automated means to extract its content;
- use the App in any way that breaks the law or infringes someone else’s rights.
4.4. If a future version of the App is released on Google Play or another platform, your use of that version will also be subject to that platform’s terms. Availability on any platform other than the Apple App Store is not guaranteed.
5. Subscriptions, Lifetime Unlock, and Payment
5.1. What’s free
The Quick Timer flat countdown mode is free, and will remain free. No subscription is required to use it.
5.2. Paid options
APX Tempo offers the following purchases through Apple’s In-App Purchase system:
| Option | Price (USD) | Type |
|---|---|---|
| Monthly subscription | $4.99 / month | Auto-renewing subscription |
| Annual subscription | $29.99 / year | Auto-renewing subscription |
| Lifetime unlock | $59.99 | One-time purchase (non-consumable) |
Prices are in U.S. dollars. Prices in other regions are set by Apple’s pricing tiers and may differ. Applicable taxes may be added. We may change prices going forward; any price change to an existing auto-renewing subscription will be handled according to Apple’s rules, which generally require your consent before a higher price takes effect.
5.3. Free trial
New subscribers may be offered a 1-week free trial as an introductory offer. Introductory offers are available once per Apple ID (and, where applicable, once per Family Sharing group), and eligibility is determined by Apple. If you do not cancel before the trial ends, the subscription converts to a paid subscription automatically at the price shown at purchase.
5.4. Required Apple auto-renewal disclosures
The following terms apply to all auto-renewing subscriptions in APX Tempo:
- Payment will be charged to your Apple ID account at confirmation of purchase.
- The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period.
- Your account will be charged for renewal within 24 hours prior to the end of the current period, at the price of the subscription you selected.
- You can manage and cancel your subscription by going to your Settings > [your name] / Apple ID > Subscriptions after purchase.
- Any unused portion of a free trial period is forfeited when you purchase a subscription, where applicable.
- Canceling stops future renewals. It does not end the current paid period — you keep access until that period expires.
5.5. Lifetime unlock
5.5.1. The $59.99 lifetime unlock is a one-time, non-consumable in-app purchase. It does not auto-renew and there is nothing to cancel.
5.5.2. “Lifetime” means the lifetime of the App — for as long as APEX Precision Training LLC continues to offer and support APX Tempo on the platform where you bought it. It is not a guarantee that the App will exist forever.
5.5.3. The unlock is tied to the Apple ID used to buy it. You can restore it on your other devices using “Restore Purchases” while signed in with that Apple ID, and it may be shareable through Family Sharing if we have enabled that setting. It cannot be transferred to a different Apple ID, sold, or gifted.
5.5.4. The lifetime unlock is not refundable by us. See Section 5.6.
5.6. Refunds
5.6.1. All purchases are processed by Apple, and all refunds are handled by Apple — not by us. We cannot issue, approve, or deny a refund for an App Store purchase.
5.6.2. To request a refund, use Apple’s process at reportaproblem.apple.com or contact Apple Support. Apple’s decision is final and is governed by Apple’s Media Services Terms and by any non-waivable consumer rights you have under local law.
5.6.3. Except where required by law, all purchases are final and non-refundable by us.
5.7. How payment works
5.7.1. Payment is handled entirely by Apple. We never receive, see, or store your payment card details, bank details, or billing address.
5.7.2. We use RevenueCat, Inc. as a third-party subscription-management and receipt-validation service. RevenueCat receives an anonymized app user identifier along with purchase and receipt data (such as which product you bought, transaction identifiers, and subscription status) so the App knows whether your access is active. RevenueCat acts as a service processor on our behalf. See the Privacy Policy for details.
5.8. Promotional and offer codes
5.8.1. We may issue promotional codes, offer codes, or introductory offers — for example, free trial periods for gym partners.
5.8.2. Codes have no cash value, cannot be redeemed for cash, are not transferable or resellable, may expire, may be limited in quantity, and may be modified or withdrawn at any time.
5.8.3. Codes are void where prohibited, are subject to Apple’s redemption rules, and may not be combined with other offers unless we say so. If a code is obtained fraudulently or used in a way that violates these Terms, we may deactivate it and revoke the access it granted.
6. Your Responsibilities
You agree that you will:
- use the App only for lawful, personal, non-commercial purposes, unless we have agreed otherwise in writing;
- keep your device and Apple ID secure — purchases made through your Apple ID are your responsibility;
- not rely on the App as your only safety mechanism during exercise;
- not attempt to interfere with, disrupt, or gain unauthorized access to the App or any systems related to it.
7. Audio Cues and Situational Awareness
7.1. APX Tempo plays voice prompts and chimes over your other audio, including while the App is running in the background and while your screen is locked.
7.2. Audio behavior depends on your device, your volume settings, your headphones, Silent/Focus modes, Bluetooth connectivity, other apps, and iOS itself. Cues may be delayed, quieter than expected, or missed entirely. Do not treat an audio cue as a guaranteed signal.
7.3. You are responsible for your own situational awareness. Wearing headphones in a gym reduces your ability to hear people, equipment, dropped weights, and emergency announcements. Keep your volume at a safe level, stay aware of your surroundings, and follow the rules of your gym or facility. Never use the App while driving, cycling, or doing anything else where distraction is dangerous.
7.4. Loud audio can damage your hearing. You are responsible for setting a safe volume.
8. Data on Your Device
8.1. Your workout configurations and session history are stored locally on your device only. We do not back them up for you and we cannot recover them.
8.2. If you delete the App, reset your device, lose your device, or if the device’s storage becomes corrupted, your workout data will be permanently lost. Device-level backups (such as iCloud or encrypted local backups) may or may not include this data depending on your settings and on iOS behavior; we do not control or guarantee that.
8.3. Calendar sync is optional and permission-based. If you grant calendar permission, the App writes completed-workout events to your device’s calendar. Events are added to whichever calendar your system treats as the default. See the Privacy Policy for full details.
9. Health, Safety, and Medical Disclaimer
Please read this section carefully. It is the most important part of these Terms.
9.1. APX Tempo is a timer. Nothing more. It counts intervals and plays sounds. It does not know your age, your health, your injuries, your fitness level, your form, your heart rate, or your limits. It is not a personal trainer, a physical therapist, a physician, or a medical device.
9.2. Nothing in the App is medical advice, diagnosis, treatment, or a fitness prescription. The presets (Circuit, Hypertrophy, Cooldown, Custom), the default interval lengths, the exercise names, and any text or audio in the App are generic examples only. They are not tailored to you and are not a recommendation that you should perform any particular exercise, for any particular duration, at any particular intensity.
9.3. Consult a physician before you begin. You should talk to a qualified physician or other licensed healthcare professional before starting, changing, or intensifying any exercise program — and especially if you:
- have or may have a heart condition, high or low blood pressure, or a respiratory condition;
- have diabetes, a metabolic condition, or a neurological condition;
- have a current or prior injury, joint problem, or surgery;
- are pregnant, may be pregnant, or are postpartum;
- are taking medication that affects your heart rate, blood pressure, balance, or hydration;
- are over 40 and have been sedentary; or
- have any other condition that could make exercise unsafe.
9.4. Stop immediately and seek medical attention if you experience chest pain or pressure, pain radiating into your arm, jaw, or neck, shortness of breath out of proportion to your effort, dizziness, faintness, blurred vision, confusion, nausea, irregular heartbeat, or any sharp or unusual pain. Do not “finish the interval.” Stop. In an emergency, call your local emergency number.
9.5. You assume all risk. Exercise — including interval training, resistance training, high-intensity work, and the use of gym equipment — carries an inherent risk of serious injury, disability, or death. That risk includes, without limitation: muscle strains and tears, tendon and ligament injuries, fractures, spinal injury, head injury, dropped weights, equipment failure, overtraining, dehydration, heat illness, hyponatremia, rhabdomyolysis, fainting, cardiac events, and death. By using APX Tempo, you knowingly and voluntarily assume all of these risks.
9.6. A timer will push you past a limit it cannot see. An interval timer keeps counting regardless of how you feel. It does not know when you are unsafe. You — not the App — are responsible for deciding when to start, when to slow down, when to rest longer than the timer says, and when to stop. Ignore the timer whenever your body tells you to. Never train to the timer at the expense of your safety.
9.7. Form, supervision, and environment are your responsibility. You are responsible for learning safe technique, warming up and cooling down properly, using appropriate loads, using collars, clips, safeties, spotters, and mats where appropriate, training in a safe space, staying hydrated, and complying with the rules of your gym or facility.
9.8. To the fullest extent permitted by law, APEX Precision Training LLC is not liable for any injury, illness, disability, death, property damage, or other loss arising out of or related to your use of APX Tempo or any exercise you perform while using it — whether or not the App functioned as intended, and whether or not an audio cue played, was delayed, or was missed.
9.9. Release. To the fullest extent permitted by law, you release and discharge APEX Precision Training LLC and its members, managers, officers, employees, contractors, and agents from any and all claims, demands, and causes of action arising out of injury or loss sustained in connection with exercise performed while using the App.
9.10. Nothing in this section limits any liability that cannot be limited under applicable law, including liability for death or personal injury caused by our own gross negligence, fraud, or willful misconduct where such limitation is prohibited.
10. Third-Party Services and Content
10.1. The App interacts with services we do not control, including the Apple App Store and In-App Purchase, Apple EventKit (your device’s calendar), and RevenueCat. Your use of those services is subject to their own terms and privacy policies.
10.2. We are not responsible for the availability, accuracy, or behavior of third-party services, or for the content of any third-party website we link to.
11. Disclaimer of Warranties
11.1. THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
11.2. To the maximum extent permitted by law, we disclaim all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.
11.3. We do not warrant that the App will be uninterrupted, error-free, secure, timing-accurate, or compatible with your device; that audio cues will play reliably or on time; that calendar events will always be created; or that your locally stored data will be preserved.
11.4. No advice or information, whether oral or written, obtained from us or through the App creates any warranty not expressly stated here.
11.5. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case, such warranties are limited to the minimum duration and scope permitted by law.
12. Limitation of Liability
12.1. To the maximum extent permitted by law, APEX Precision Training LLC and its members, managers, officers, employees, contractors, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, business interruption, or the cost of substitute services, arising out of or related to the App or these Terms — even if we have been advised of the possibility of such damages, and regardless of the legal theory.
12.2. Aggregate cap. To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or related to the App or these Terms will not exceed the greater of (a) the total amount you actually paid us or through Apple for APX Tempo in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty U.S. dollars (US$50.00).
12.3. These limits apply to all claims, whether based in contract, warranty, tort (including negligence), strict liability, statute, or otherwise, and they survive any failure of essential purpose of any limited remedy.
12.4. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you. Nothing here excludes liability that cannot lawfully be excluded, including liability for fraud or willful misconduct.
13. Indemnification
You agree to defend, indemnify, and hold harmless APEX Precision Training LLC and its members, managers, officers, employees, contractors, and agents from and against any claims, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the App; (b) your violation of these Terms; (c) your violation of any law or of the rights of any third party; or (d) any injury, illness, or death sustained by you or by any person you instruct, coach, or supervise in connection with exercise performed while using the App.
14. Term and Termination
14.1. These Terms apply from the moment you first use the App until terminated.
14.2. You may terminate at any time by deleting the App from your device. Deleting the App does not automatically cancel an auto-renewing subscription — cancel it in Settings > Apple ID > Subscriptions.
14.3. We may suspend or terminate your license immediately, with or without notice, if you materially breach these Terms, misuse promotional codes, or use the App unlawfully. We may also discontinue the App entirely.
14.4. On termination, your license ends and you must stop using and delete the App. Sections 4.2, 5.6, 8, 9, 11, 12, 13, 15, and 16 survive termination.
14.5. If we discontinue the App, we will make reasonable efforts to give advance notice on our website. Except where required by law, discontinuation does not entitle you to a refund; refunds remain with Apple.
15. Governing Law and Disputes
15.1. These Terms are governed by the laws of the State of Colorado, USA, without regard to its conflict-of-laws rules.
15.2. Except as stated in Sections 15.3 and 15.5, you and we agree that the exclusive venue for any dispute is the state or federal courts located in Denver County, Colorado, and you consent to personal jurisdiction there.
15.3. If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law gives you the right to bring proceedings in your local courts or to the protection of mandatory local consumer law, nothing in this section removes those rights.
15.4. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights.
15.5. BINDING INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER. Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action. It contains an opt-out procedure described in Section 15.5.7.
15.5.1. Agreement to arbitrate. Except for the disputes described in Sections 15.5.2 and 15.5.3, you and APEX Precision Training LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, any subscription or in-app purchase, or any billing or auto-renewal charge — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved by binding individual arbitration rather than in court.
15.5.2. Small-claims carve-out. Either you or we may bring an individual action in small-claims court instead of arbitration, so long as the action remains in that court, is brought only on an individual basis, and seeks only relief within that court’s jurisdictional limits.
15.5.3. Injunctive relief carve-out. Nothing in this Section 15.5 limits either party’s right to seek injunctive or equitable relief in court to protect intellectual property rights, as described in Section 15.4.
15.5.4. Arbitration rules and forum. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The rules are available at adr.org. The arbitration will be conducted by a single arbitrator. Unless you and we agree otherwise, any in-person hearing will take place in Denver County, Colorado; you may also elect to participate by telephone or video, or to have the matter decided on written submissions only. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
15.5.5. Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules, which allocate the majority of those fees to us. Each party is otherwise responsible for its own attorneys’ fees unless the arbitrator awards them under applicable law.
15.5.6. CLASS-ACTION AND CLASS-ARBITRATION WAIVER. You and we each agree to bring claims against the other only in an individual capacity, and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this Section 15.5.6 is found to be unenforceable as to a particular claim or request for relief, then that claim or request must be severed from the arbitration and brought in the courts identified in Section 15.2, while all other claims remain in arbitration.
15.5.7. YOUR RIGHT TO OPT OUT. You may opt out of this Section 15.5 and it will not apply to you. To opt out, send written notice within 30 days of the date you first accept these Terms to Jesse@apex-precision-training.com with the subject line “Arbitration Opt-Out”, or by mail to the address in Section 18. Your notice must include your full name, the email address or Apple ID associated with your purchase, and a clear statement that you wish to opt out of arbitration. Opting out will not affect your access to the App, your subscription, or any other part of these Terms, and we will not retaliate against you for doing so. If you opt out, disputes will be resolved in the courts identified in Section 15.2.
15.5.8. Mandatory local law and severability. If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law makes a pre-dispute arbitration agreement or class-action waiver unenforceable against consumers, this Section 15.5 does not apply to you to the extent of that law, and Section 15.3 controls. If any other portion of this Section 15.5 is found unenforceable, the remainder will continue in effect, except that Section 15.5.6 is governed by the severance rule stated in that subsection.
15.5.9. Survival. This Section 15.5 survives termination of these Terms and any cancellation, refund, or expiration of your subscription.
16. Apple-Specific Terms
These terms are required for apps distributed through the App Store. You acknowledge and agree that:
16.1. These Terms are between you and APEX Precision Training LLC only, not with Apple. Apple is not responsible for the App or its content.
16.2. Apple has no obligation to provide maintenance or support for the App. Support requests should go to Jesse@apex-precision-training.com.
16.3. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility.
16.4. Apple is not responsible for addressing any claims by you or a third party relating to the App, 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.
16.5. If a third party claims the App infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
16.6. You represent 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.
16.7. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.
16.8. If the App later becomes available on Google Play or another store, equivalent platform-specific terms for that store will apply to that version.
17. General
17.1. Changes to these Terms. We may update these Terms from time to time. When we do, we will change the effective date at the top and post the updated version at apex-precision-training.com. For material changes, we will make reasonable efforts to give notice in the App or on the website. Continuing to use the App after an update takes effect means you accept the updated Terms. If you do not accept them, stop using the App and cancel any subscription.
17.2. Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the App, and supersede any prior understandings.
17.3. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the rest of the Terms will remain in effect.
17.4. No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
17.5. Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
17.6. Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
17.7. Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use it without any obligation to you.
17.8. Headings are for convenience only and do not affect interpretation.
18. Contact Us
APEX Precision Training LLC 870 S Colorado Blvd, Ste D 1060 Glendale, CO 80246, USA Email: Jesse@apex-precision-training.com Phone: (983) 444-8703 Web: apex-precision-training.com