Beep Terms of Service

1. Acceptance of Terms

By downloading, installing, or using Beep ('the App'), developed by Studio Phoenix, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you must not use the App.

2. Description of Service

Beep is a fitness testing application that administers the multi-stage (20-metre) fitness test - commonly known as the beep test. The App provides audio-guided level and shuttle progression, real-time VO2 max estimation, normative fitness ratings, performance logging for individuals and groups, training goals, and CSV export. The App is designed as a personal and educational fitness tracking tool.

3. Not Medical Advice & Fitness Risk

Beep does not provide medical advice, diagnosis, or treatment. The App is a fitness testing tool only. The beep test is a maximal aerobic exercise test that places significant physical demands on the body. Before participating in the test, you should:

• Consult a qualified healthcare provider if you have any medical condition, injury, or concern that may be affected by intense physical exercise
• Warm up appropriately and stop immediately if you experience chest pain, dizziness, severe shortness of breath, or any other symptom of distress
• Ensure the testing environment is safe, with sufficient space, level ground, and appropriate footwear

VO2 max estimates and fitness ratings produced by the App are derived from published formulas and normative data and are estimates only. They are not a substitute for laboratory testing or professional assessment. You participate in fitness testing at your own risk.

4. Use of the App

You agree to:

• Use the App only for lawful purposes and in accordance with these Terms
• Maintain the security of your device and the data stored within the App
• Not attempt to reverse engineer, decompile, modify, or impair the App's functionality
• Accept responsibility for the accuracy of the data you enter into the App, including participant profiles
• When testing other people (for example, in a school or sports-club setting), obtain any consent required under applicable law before entering their personal details (name, age, gender) into the App

5. No Account Required

Beep does not require you to create an account or provide any personal information to use the App. There is no registration, login, or authentication process. The App is available for immediate use upon installation.

6. Data Storage and Privacy

Your use of Beep is also governed by our Privacy Policy. Key points include:

• All data you create within the App (test results, participant profiles, goals, and preferences) is stored locally on your device only
• Studio Phoenix does not collect, transmit, store, or have access to any of your data
• The App does not use analytics, crash reporting, or any form of data tracking
• You are solely responsible for backing up your data; if you uninstall the App or your device is lost, damaged, or reset, your data cannot be recovered by Studio Phoenix

7. In-App Purchases

Beep is free to download and use with core features available at no cost. The App may offer optional in-app purchases to unlock premium features. Key details:

• All purchases are processed through the respective app store (Google Play Store or Apple App Store)
• Refunds are handled in accordance with the policies of the app store through which you made the purchase
• We reserve the right to change pricing with reasonable notice

8. User Content

Regarding content created using Beep:

• You retain all rights to your test results, logs, participant profiles, and any other content you create within the App
• You are solely responsible for the accuracy of all information entered into the App
• You may export your data at any time via the App's CSV export feature

9. Device Permissions

Beep may request access to certain device features to provide its functionality:

• Microphone & Speech Recognition: Optional - used for voice input features. Audio is processed by your device's speech services and is not sent to Studio Phoenix.
• Background Audio: Used to play test audio continuously while a test is in progress, including when the screen is locked.
• Photo Library: Optional - used only when you choose to add a profile picture or attach session photos. Selected images remain on your device.
• Notifications: Optional - used solely to deliver a local "test still running" reminder when the App is backgrounded during an active beep test. The App does not send marketing or promotional notifications.

These permissions are optional and only used for the purposes described above.

10. Intellectual Property

Beep and its original content, features, and functionality are owned by Studio Phoenix and are protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of the App's content without prior written consent from Studio Phoenix.

11. Limitation of Liability

To the maximum extent permitted by law:

• The App is provided 'as is' and 'as available' without warranties of any kind
• Studio Phoenix is not liable for any indirect, incidental, special, or consequential damages arising from your use of the App
• We do not guarantee the App will be error-free or uninterrupted
• We are not responsible for data loss due to device malfunction, loss, theft, app uninstallation, or user error
• We are not responsible for injury, illness, or other harm arising from participation in the beep test or any physical activity prompted, guided, or recorded by the App
• We are not responsible for inaccurate VO2 max estimates, fitness ratings, or any derived metric; all such values are estimates
• The App is a fitness tracking tool; it is not a substitute for professional medical or athletic advice

12. Termination

You may terminate your use of the App at any time by uninstalling it from your device. Upon uninstallation, all locally stored data will be permanently deleted. Studio Phoenix reserves the right to discontinue the App or remove it from app stores at any time without prior notice.

13. Changes to These Terms

We may update these Terms of Service from time to time. Changes will be reflected by updating the effective date at the top of this page. Your continued use of Beep after changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary while the remaining provisions remain in full force and effect.

16. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at:
support@studiophoenix.io
Studio Phoenix
Bay of Plenty, New Zealand