Terms & Conditions

These terms and conditions apply to the Countless app for mobile devices, together with any related services operated by Raitis Šaripo (collectively, the "Application"). Raitis Šaripo is hereby referred to as the "Service Provider".

By downloading or using the Application, you agree to these Terms and Conditions. You should read them carefully before using the Application.

Intellectual Property

The Service Provider retains all intellectual property rights in the Application, including its code, design, trademarks, service marks, trade names, logos, and branding (the "IP"). Nothing in these Terms grants you any license or right to use the Service Provider's trademarks, logos, or branding for any purpose. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed in or on the Application.

Apple, AirPods, Beats and Apple Health are trademarks of Apple Inc. The Application is not endorsed by, sponsored by, or affiliated with Apple Inc.; those names are used only to describe the hardware and system features the Application works with.

Health and fitness disclaimer

The Application is a fitness tracking tool. It is not a medical device, it does not provide medical advice, and it must not be used to diagnose, treat or monitor any condition. Nothing it shows you is a substitute for advice from a qualified healthcare professional.

Push-ups are physical exercise and carry a risk of injury. You are responsible for deciding whether the exercise you do is appropriate for you, and you undertake it at your own risk. Consult a doctor before starting or changing an exercise routine, particularly if you have an existing condition, are pregnant, or are recovering from an injury. Stop exercising if you feel pain, dizziness or discomfort — do not continue in order to complete a set, reach a milestone, or finish a challenge shown in the Application.

To the fullest extent permitted by law, the Service Provider is not liable for any injury, illness or other loss arising from exercise you perform while using the Application.

Counting accuracy and compatibility

The Application counts repetitions by interpreting motion data from the sensor in compatible headphones. Counts, session timings, and the estimate of active energy burned are approximations derived from that sensor. They can be wrong: reps can be missed, movement that is not a push-up can be counted, and the energy estimate is a calculation based on the body weight you enter, not a measurement. The Service Provider does not warrant that any count, statistic, record, streak, or estimate produced by the Application is accurate, and you can correct a session's count yourself in the Application.

Automatic counting requires an iPhone running a supported version of iOS together with headphones that contain a motion sensor, and requires you to grant the Motion & Fitness permission. Not all headphones include such a sensor, and the Service Provider cannot guarantee that any particular device, headphone model, firmware version or operating system version will work, or will continue to work after a future update by Apple or another manufacturer. Where automatic counting is unavailable, sets can be entered manually.

Your data and your device

The Application works without an account and stores your sessions, statistics, challenges, settings and the body weight you enter on your device only. The Service Provider holds no copy of that data and therefore cannot restore it for you. It is not synced between your devices, and it is lost if you delete the Application, reset or lose your device, or if the data is otherwise damaged, unless you have your own device backup. You are responsible for maintaining any backup you want, and for the security of your device and of access to the Application. Handling of personal data is described in the Privacy Policy.

Countless Pro subscription

Counting itself is free, with no trial period and no limit on how much you count. Countless Pro is an optional auto-renewing subscription that unlocks additional features, currently your full session history beyond the most recent days, all-time records, trends, and writing your sets to Apple Health. The features included in Pro may change as the Application develops.

• Pro is offered on a monthly or yearly basis. The price, the billing period, and any introductory or free-trial offer are shown in the Application before you purchase, in your local currency, as supplied by the App Store.
• Payment is charged to your Apple Account at confirmation of purchase. Purchases, billing, refunds and cancellations are handled by Apple and are also subject to Apple's own terms, including the Apple Media Services Terms and Conditions.
• The subscription renews automatically for the same period unless it is cancelled at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours before the period ends.
• You can manage or cancel the subscription in the iOS Settings app under your name → Subscriptions, or in the App Store. Cancelling stops future renewals; access continues until the end of the period you have already paid for. Deleting the Application does not cancel a subscription.
• If a free trial is offered and you cancel it before it ends, you will not be charged. Any unused part of a free trial is forfeited when a subscription to the same content is purchased.
• Refunds are granted by Apple in accordance with Apple's policies and your statutory rights; the Service Provider cannot issue refunds for App Store purchases.
• Whether you are subscribed is determined on your device from Apple's signed transaction records. If those records are unavailable — for example because the App Store cannot be reached — Pro features may be temporarily unavailable. Purchases can be restored in the Application on any device signed in to the same Apple Account.

Acceptable Use

The Application has no accounts, no social features, no leaderboards, and no facility for publishing or sharing content with other users: it does not host, store, or transmit user content, and nothing you record in it is visible to anyone else. Beyond the licence restrictions above, you agree not to use the Application in a way that breaks applicable law, interferes with its operation or the systems it relies on, or attempts to circumvent the purchase and entitlement checks that gate paid features.

The Application can generate a link to its own App Store page so you can share it with someone. You are responsible for anything you send using that feature.

Termination

The Service Provider may suspend your access to the Application or services if you materially breach these Terms. The Service Provider will provide you with written notice of the breach and, where the breach is capable of cure, you will have 14 days from receipt of notice to remedy the breach. If you fail to cure the breach within that period, the Service Provider may terminate your access.

The Service Provider may suspend or terminate your access immediately without notice if you violate applicable law, infringe intellectual property rights, or engage in activity that could cause harm to other users or the Service Provider.

Upon termination, your right to use the Application will end and you must delete all copies from your devices. Where access to a paid feature is terminated other than for your breach of these Terms, you may request a pro-rata refund of the unused part of your subscription period from Apple.

By accessing and using this Application, you represent that you are legally permitted to use it in your jurisdiction. You must be at least 16 years of age (the age of digital consent in your jurisdiction) to use the Application. If you are below 16, a parent or legal guardian must review and accept these Terms on your behalf.

The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you, and that a change to the price of an existing subscription takes effect only in accordance with Apple's rules, which require notice and, where applicable, your consent.

Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device and your headphones remain charged and connected. If either runs out of battery, or the headphones disconnect mid-set, a set may be counted incompletely or not at all, and the Service Provider cannot be held responsible.

Nothing in these Terms shall limit any rights you have under applicable consumer protection laws that cannot be lawfully excluded.

Limitation of Liability

To the fullest extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, even if advised of the possibility of such damages.

However, the Service Provider retains full liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under applicable law

To the fullest extent permitted by law, the total liability of the Service Provider for any claim shall not exceed the amount paid by you to the Service Provider for the Application in the 12 months preceding the claim, or the minimum amount that must be paid under applicable law, whichever is greater. If the Application is provided free of charge, this means the Service Provider's liability is limited to the minimum amount permitted by applicable law.

The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on the counts, statistics or estimates produced by the Application, or on information provided through it by third parties.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless the Service Provider, its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or directly related to your breach of these Terms or your intentional misuse of the Application.

This indemnification does not apply to claims arising from the Service Provider's own negligence, breach of these Terms, or violation of applicable law. In jurisdictions where consumer indemnification is restricted by law, this clause shall be limited to the maximum extent permitted.

The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. You should accept updates when offered; if you choose not to, the Service Provider may cease to support earlier versions and the Application may not function properly. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.

Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the jurisdiction in which the Service Provider is established, excluding conflict of law rules, except to the extent mandatory consumer protection laws provide otherwise.

Any dispute arising out of or relating to these Terms will be brought before the courts that have jurisdiction under applicable law. Nothing in this clause limits any rights you may have to bring a claim in a court that is competent under mandatory law.

Complaints and contact point

The Application is not an intermediary, hosting or online platform service: it does not store or transmit content on behalf of its users, and it has no content posted by users to moderate. The content-moderation, notice-and-action, and transparency-reporting obligations of Regulation (EU) 2022/2065 (the Digital Services Act) therefore do not apply to it. Should the Application later gain a feature that makes it an intermediary service, these Terms will be updated before that feature is released.

The Service Provider maintains a single point of contact for communication with users and with EU authorities, reachable at saripo.raitis@gmail.com. If access to the Application or to a paid feature is restricted, the Service Provider will, on request, explain the reason for the decision and the redress available to you. Nothing here affects your rights under applicable consumer protection or data protection law, including your right to complain to a competent authority.

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and the Service Provider concerning your use of the Application, superseding any prior agreements or understandings.

Changes to These Terms and Conditions

The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.

Previous versions of these Terms and Conditions will be maintained and made available upon request by contacting the Service Provider at saripo.raitis@gmail.com.

These terms and conditions are effective as of 2026-09-03

Contact Us

If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at saripo.raitis@gmail.com.