Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") are a binding agreement between you and Elias Hüngerle ("PushFly", "we", "us") about your use of the PushFly app and related services. If you don't agree, please don't use PushFly. These Terms apply in addition to Apple's Licensed Application End User License Agreement.

2. What PushFly does

PushFly is a fitness game. It uses your device's camera to count push-ups and turns each rep into a move in the game. It offers a personalized training plan, game modes such as Journey, Free Flight and the Daily Challenge, Wing Ranks, leaderboards, streaks, achievements, collectible items and reminders. Features may change, improve or be discontinued over time.

3. Health and safety

PushFly is not a medical device and does not provide medical advice. Plans, rank projections, rep counts, form and depth scores are estimates for motivation and information only and may be inaccurate.

Exercise carries a risk of injury. Consult a doctor before starting any exercise program, especially if you are pregnant, have an injury, a heart, joint or other health condition, or haven't exercised in a while. Warm up, use a safe and clear space, stop immediately if you feel pain, dizziness or shortness of breath, and never push beyond what feels safe for you. You exercise at your own risk and are solely responsible for your training decisions.

4. Eligibility

You must be at least 16 years old to use PushFly. By using the app, you confirm that you meet this requirement.

5. Usernames and leaderboards

You choose a username in the app. It must not impersonate others, contain your or anyone else's private information, or be offensive, hateful or unlawful. We may change or remove usernames and leaderboard entries that break these rules, as well as scores that appear to have been achieved by cheating.

6. Subscriptions and payments

PushFly offers an optional premium subscription, PushFly Pro, as a weekly plan (CHF 5 per week) or a yearly plan (CHF 40 per year). Prices may vary by region and are confirmed in your local currency at the time of purchase.

• Free trials. If a free trial is offered, its length is shown before you subscribe. Unless you cancel at least 24 hours before the trial ends, it converts into a paid subscription and you are charged. Any unused part of a free trial is forfeited when you purchase a subscription.
• Billing. Payment is charged to your Apple ID account at confirmation of purchase.
• Auto-renewal. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends, at the then-current price.
• Managing and cancelling. Manage or cancel anytime in your iPhone Settings → your name → Subscriptions → PushFly. Cancelling stops the next renewal; Pro stays active until the end of the period you paid for.
• Refunds. Payments, renewals and refunds are handled by Apple under the App Store terms. See our Refund Policy.

7. Acceptable use

You agree not to:

• use PushFly for any unlawful purpose or in violation of these Terms;
• cheat, manipulate scores or leaderboards, or use tools, scripts or videos to fake reps;
• reverse engineer, decompile, interfere with or circumvent the app's security or subscription checks, except as permitted by law;
• misuse, overload or attempt to gain unauthorized access to our systems or our service providers.

8. Intellectual property

PushFly, including its software, game design, characters, artwork, branding, logo and content, is owned by us and protected by intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable license to use the app for your own personal, non-commercial use, subject to these Terms and Apple's usage rules.

9. Availability and changes

We aim to keep PushFly available and reliable but do not guarantee uninterrupted or error-free operation. We may modify, suspend or discontinue features at any time. Virtual items such as feathers, XP, ranks and collectibles have no monetary value, cannot be exchanged for money and may be reset if needed to fix errors or abuse.

10. Disclaimers and limitation of liability

To the maximum extent permitted by law, PushFly is provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose and the accuracy of rep counts, scores or projections.

To the extent permitted by law, we are not liable for indirect, incidental, consequential or special damages, or for any injury or harm arising from exercise you perform while using PushFly. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for intent or gross negligence.

11. Apple

These Terms are between you and us, not Apple. Apple is not responsible for PushFly or its content, has no obligation to provide maintenance or support, and is not responsible for any product claims, including claims related to legal or regulatory compliance or intellectual property. 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. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Termination

You can stop using PushFly at any time by deleting the app (remember to cancel any subscription in your Apple ID settings). We may suspend or terminate your access if you breach these Terms. Provisions that by their nature should survive termination continue to apply.

13. Governing law

These Terms are governed by the laws of Switzerland, without regard to conflict-of-law rules. The place of jurisdiction is Kilchberg, Switzerland, to the extent permitted by law. Mandatory consumer protection rights in your country of residence remain unaffected.

14. Contact