These Terms of Service ("Terms") govern your access to and use of the Ergmatic mobile application and any related services (collectively, the "Service"), operated by Ian MacFarlane, doing business as Ergmatic ("we," "us," or "our").
By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. You must be at least 13 years old to use the Service. By using the Service, you represent that you meet this age requirement.
We reserve the right to update or modify these Terms. We will provide at least 14 days' advance notice of material changes by posting an in-app notification or sending a push notification, and by updating the effective date above. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the revised Terms. If you do not agree with the changes, you may stop using the Service before the new Terms take effect.
Ergmatic is an iOS application for structured cycling workouts on smart trainers. The Service provides Bluetooth-connected trainer control, heart rate monitoring, workout file parsing, ride history tracking, and optional integration with third-party fitness platforms.
Certain features of the Service require a paid subscription. A limited number of free workouts are available before a subscription is required.
Ergmatic offers auto-renewable subscription plans ("Ergmatic Pro") that provide unlimited access to workouts and premium features. Subscriptions are available on a monthly or annual basis.
Subscription prices are set in App Store Connect and may vary by region. Price changes will be communicated in accordance with Apple's policies and applicable law.
Refunds. Refund requests for subscriptions and purchases are handled by Apple in accordance with Apple's refund policies. To request a refund, visit Apple's Request a Refund page or contact Apple Support.
You agree to use the Service only for its intended purpose and in compliance with all applicable laws. You agree not to:
All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, software, and the overall design and arrangement thereof, are the property of Ergmatic and are protected by applicable copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms.
Workout files you import, ride history, and app settings are stored locally on your device. If you enable iCloud sync, your data may also be stored in your personal iCloud account. We do not operate servers that store your personal workout data.
You retain ownership of all data you create or import into the Service. You are responsible for maintaining backups of your data. We are not liable for any loss or corruption of your data.
For details on how we collect and use information, please refer to our Privacy Policy.
The Service may integrate with third-party platforms such as Intervals.icu, Strava, and Apple Health. These integrations are optional and require your authorization. Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for the availability, accuracy, or conduct of any third-party service.
We also use third-party service providers for analytics, crash reporting, and subscription management. Details about these services and the data they receive are described in our Privacy Policy.
When using the Service, you must comply with any applicable third-party terms of agreement.
The Service is designed for use with stationary cycling equipment. You are solely responsible for ensuring that your equipment is properly set up and maintained. Consult a physician before beginning any exercise program.
The Service is not a medical device and does not provide medical advice. Heart rate, power, and other fitness metrics provided by the Service are for informational purposes only and should not be relied upon for medical decisions.
Assumption of risk. By using the Service with a cycling trainer or other exercise equipment, you expressly assume all risks associated with such use, including but not limited to the risk of physical injury, equipment malfunction, or equipment incompatibility.
Bluetooth connectivity. The Service communicates with smart trainers via Bluetooth (FTMS protocol). Bluetooth connections may drop, experience latency, or fail unexpectedly. A loss of Bluetooth connectivity may cause your trainer to hold its current resistance level or behave unpredictably. You must verify that your trainer's resistance matches your expectations before and during each use, and you should be prepared to stop pedaling or dismount at any time.
We are not responsible for any injury, damage, or loss resulting from equipment malfunction, Bluetooth connectivity failures, incompatible hardware, or any other circumstance arising from your use of the Service with exercise equipment.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not warrant the accuracy or reliability of any information obtained through the Service, including workout metrics, power data, or heart rate readings.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERGMATIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Ergmatic and its owner, affiliates, officers, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your violation of these Terms; or (b) your willful misuse of the Service.
We may suspend or terminate your access to the Service for conduct that violates these Terms or is harmful to other users, us, or third parties. Except where the violation involves illegal activity, fraud, or poses an immediate risk to safety, we will provide you with notice and a reasonable opportunity (at least 7 days) to cure the violation before termination takes effect.
We may also terminate your access for any other reason by providing at least 14 days' advance notice. If we terminate your access without cause, you will be entitled to a pro-rata refund of any prepaid subscription fees covering the unused portion of your current billing period.
Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination will remain in effect, including but not limited to intellectual property provisions, disclaimers, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the State of Washington, and you consent to the personal jurisdiction of such courts.
Informal resolution. Before filing any formal proceeding, you agree to attempt to resolve any dispute with us informally by sending a written description of the dispute to legal@ergmatic.com. We will attempt to resolve the dispute within 30 days. If the dispute is not resolved within that period, either party may proceed as described below.
Binding arbitration. Any dispute that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in the State of Washington or, at your election, may be conducted remotely. For claims under $10,000, Ergmatic will pay the AAA filing fees.
Opt-out right. You may opt out of this arbitration provision and class action waiver by sending written notice to legal@ergmatic.com within 30 days of first accepting these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in court as described in the Governing Law section above.
Class action waiver. All claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
Small claims exception. Notwithstanding the above, either party may bring an individual action in small claims court in the State of Washington if the claim falls within that court's jurisdiction.
The following terms apply to your use of the Service on Apple-branded products:
Developer contact information: Ian MacFarlane, Ergmatic, legal@ergmatic.com.
Nothing in these Terms affects any mandatory consumer protection rights that apply in your jurisdiction. Where any provision of these Terms conflicts with mandatory local law, that local law shall prevail to the extent of the conflict, and the remaining provisions shall continue in full force and effect.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Ergmatic regarding the Service and supersede all prior agreements and understandings.
Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Ergmatic.
Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
If you have questions about these Terms, please contact us at legal@ergmatic.com.