Terms of Use

Last updated: May 30, 2025

Welcome to Ellim (“Ellim,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Ellim exercise tracking application and any associated websites, features, or services (collectively, the “Service”). By downloading, installing, or otherwise using Ellim, you (“User,” “you,” or “your”) agree to be bound by these Terms in full. If you do not agree with any part of these Terms, you must immediately discontinue all use of the Service.


1. Acceptance of Terms

  1. Binding Agreement. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms (including any future modifications) and by our Privacy Policy, which is incorporated herein by reference. You also affirm that you are at least 18 years of age (or the minimum age in your jurisdiction to form a binding contract) and are fully able and competent to enter into these Terms. If you are under 18 or cannot form a binding contract, you may not use the Service except through a parent or legal guardian who agrees to be bound by these Terms.

  2. Modifications. We reserve the right, at our sole discretion, to modify or update these Terms at any time. If we make material changes, we will provide notice through the Service (e.g., via email, in-app notification, or a prominent notice on our website). Your continued use of the Service after the effective date of any modifications constitutes your acceptance of those modifications. It is your responsibility to review these Terms periodically for changes.


2. Description of Service

Ellim is an exercise tracking application designed to help users monitor workouts, record health metrics, set fitness goals, and view progress over time. The core features include, but are not limited to:

  • Workout Logging. Record details of various exercises (e.g., sets, reps, weights, durations).

  • Progress Tracking. View charts, summaries, and historical logs of your workouts and body measurements.

  • Goal Setting. Create and manage fitness goals (e.g., run 5 km, lift a certain weight, etc.).

  • Reminders & Notifications. Receive optional push notifications or email reminders to complete workouts or track progress.

  • Data Sync & Backup. Sync data across devices (subject to your device permission and account setup) and optionally back up data to the Cloud.

  • Integration. Optionally connect to third-party services or wearables (e.g., Apple Health, Google Fit) to import/export fitness data.

We may add, remove, or modify features at any time, in our sole discretion.


3. Registration & User Accounts

  1. Account Creation. To access certain features of the Service, you may be required to create an account by providing a valid email address, a secure password, and other information as required. You are responsible for providing accurate and complete information. You must keep your account credentials confidential and secure.

  2. Account Security. You agree to:

    • Maintain the confidentiality of your password and any other account credentials.

    • Notify us immediately of any unauthorized use of your account or any other security breach.

    • Be solely responsible for all activities that occur under your account, whether or not you authorized them.

  3. Eligibility. By creating an account and using the Service, you represent and warrant that:

    • You are at least 18 years old (or of legal age in your jurisdiction).

    • You have the legal capacity to enter into a binding agreement.

    • You will not use a false identity or impersonate any person or entity.

  4. Account Termination or Suspension. Ellim reserves the right to suspend or terminate your account (and/or restrict your access to the Service) at our sole discretion, with or without notice, if we believe you have violated these Terms or engaged in any conduct we deem harmful to other users, us, or third parties. Upon termination, all rights granted to you under these Terms will immediately cease.


4. License & Restrictions

  1. Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Service on devices that you own or control solely for your personal, non-commercial use.

  2. Restrictions. You agree not to, and you will not permit others to:

    • Copy, modify, translate, adapt, or create derivative works of any part of the Service.

    • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service, except to the extent such activity is expressly permitted by applicable law.

    • Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) displayed on or in the Service.

    • Rent, lease, loan, sell, sublicense, distribute, or otherwise transfer the Service to any third party.

    • Use the Service for any purpose that is unlawful or prohibited by these Terms.

    • Use the Service to store or transmit any malicious code, viruses, worms, or any content that could damage, disable, overburden, or impair the functioning of the Service or any third-party network, device, or system.

  3. Third-Party Services. Some features of the Service may integrate with third-party services (e.g., Apple Health, Google Fit, social media platforms). Your use of such features may be subject to additional terms and conditions imposed by those third parties. We are not responsible for the actions, content, information, or practices of any third-party service. If you choose to enable integrations, you do so at your own risk and must comply with the terms of use of those third parties.


5. User Content & Data

  1. User Content. “User Content” refers to any data, information, text, images, or other materials that you upload, post, submit, or otherwise make available through the Service (e.g., workout logs, profile information, photos). You retain ownership of all User Content you post, subject to the rights you grant in these Terms.

  2. License to Your Content. By providing any User Content to the Service, you grant Ellim a worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, copy, store, transmit, display, and distribute such User Content in connection with operating and providing the Service. This license ends when you remove your User Content or your account is terminated, except to the extent we have relied upon or otherwise acted in good faith with respect to your User Content or are required to retain it by law.

  3. Responsibility for Your Content. You represent and warrant that:

    • You own or have all necessary rights, licenses, and permissions to use and authorize Ellim to use your User Content.

    • Your User Content does not infringe any third-party intellectual property, privacy, or other rights.

    • Your User Content complies with these Terms and does not contain any unlawful, defamatory, threatening, harassing, obscene, or otherwise objectionable material.

  4. Data Privacy & Security. We take data privacy and security seriously. Please review our Privacy Policy to understand how we collect, use, store, and share your information. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

  5. Data Backups & Export. You may choose to back up or export your User Content by using features we provide (e.g., data export tool). We are not responsible for any loss or corruption of your data if you fail to back up or export it. We recommend you regularly back up your data if you wish to retain a local copy.


6. Health & Medical Disclaimer

  1. Not Medical Advice. The Service is designed to help you track your exercise and fitness metrics. It is provided for informational and educational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or before beginning any exercise program.

  2. Use at Your Own Risk. You agree that your use of the Service is at your own risk. You assume full responsibility for any and all injuries, damages, or losses that may result from your use of the Service, including but not limited to any workout plans, exercises, or nutritional guidance suggested by the Service.

  3. User Responsibility.

    • Consult with a qualified healthcare professional before starting any new exercise, nutrition, or diet program, especially if you have pre-existing health conditions (e.g., heart disease, diabetes, hypertension) or are taking prescription medications.

    • Stop participating in any activity that makes you uncomfortable, causes pain, or leads to dizziness or nausea.

    • If you suspect you have a medical emergency, seek immediate medical attention rather than using the Service.


7. Intellectual Property

  1. Our Ownership. The Service, including all software, code, visual interfaces, graphics, logos, icons, audio clips, written and other content, and other elements (excluding User Content) is owned or licensed by Ellim and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except as expressly provided herein, Ellim and its licensors reserve all rights, title, and interest in and to the Service and all associated intellectual property rights.

  2. Trademarks. “Ellim” and logos associated with Ellim are trademarks or registered trademarks of Ellim or its affiliates. You may not copy, imitate, or use them without our prior written permission.

  3. Feedback. If you provide any feedback, suggestions, or ideas regarding the Service (“Feedback”), you grant Ellim an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully transferable license (with the right to sublicense) to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose without any compensation or obligation to you.


8. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  1. Illegal or Fraudulent Conduct.

    • Using the Service for any illegal purpose or in violation of any local, state, national, or international law.

    • Attempting to defraud us or other users, including sending fraudulent communications, phishing, or using stolen credit cards.

  2. Harmful Code.

    • Uploading, transmitting, or otherwise making available any malware, virus, worm, Trojan horse, or other harmful code or content.

  3. Interference with Service.

    • Interfering with or disrupting the operation of the Service (e.g., performing denial-of-service or distributed denial-of-service attacks).

    • Attempting to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service.

  4. Unauthorized Data Collection.

    • Scraping, crawling, or otherwise accessing the Service to obtain data in an unauthorized manner.

    • Collecting or harvesting any personally identifiable information (e.g., user names, email addresses) from the Service without permission.

  5. Harassment & Abusive Behavior.

    • Harassing, abusing, defaming, or threatening other users or third parties.

    • Encouraging or promoting any violent or criminal activities.

  6. Infringement.

    • Uploading, posting, or sharing content that infringes any third-party’s intellectual property rights (e.g., copyrights, trademarks).

  7. Misuse of Third-Party Services.

    • Using third-party integrations (e.g., APIs, SDKs) in a manner that violates the terms of those third parties.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including without limitation, removing the offending content from the Service, suspending or terminating a violating user’s account, and reporting such violations to law enforcement authorities.


9. Payment & Subscriptions

  1. Free vs. Paid Features. The core Ellim Service may be offered free of charge. Certain features or content may be made available on a subscription or one-time purchase basis (“Premium Features”). All pricing, payment, and subscription details are provided in the app or on our website.

  2. Billing.

    • If you subscribe to Premium Features, you agree to pay the subscription fees indicated at the time of purchase.

    • Subscriptions will automatically renew at the end of each billing cycle unless canceled in accordance with the subscription terms.

    • You authorize us (or our third-party payment processor) to charge your payment method on a recurring basis until you cancel.

    • All fees are non-refundable except as required by law or expressly stated otherwise in writing.

  3. Cancellation & Refunds.

    • You may cancel your subscription at any time via your account settings. Cancellation takes effect at the end of the current billing period.

    • We may, at our sole discretion, offer prorated refunds or credits for unused portions of a subscription.

  4. Promotions & Discounts. We may offer promotional pricing or free trial periods. Any promotional offer may be subject to additional terms, which will be disclosed at the time of offer. If you do not cancel before the end of the trial or promotional period, you will be charged the applicable subscription fee.


10. Disclaimers & Limitation of Liability

  1. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ELLIM DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

  2. Health & Medical Disclaimer. As noted above, the Service is not intended to substitute professional medical advice, diagnosis, or treatment. We disclaim any liability for decisions made based on information obtained from the Service.

  3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ELLIM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

    • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE.

    • ANY DAMAGES RESULTING FROM PRODUCTS OR CONTENT PROVIDED BY THIRD PARTIES, OR ACTIONS OR OMISSIONS BY THIRD PARTY SERVICE PROVIDERS.

    • ANY LEGAL RESPONSIBILITY ARISING OUT OF THIRD-PARTY CLAIMS, INCLUDING CLAIMS THAT USER CONTENT VIOLATES THE RIGHTS OF THIRD PARTIES.

    THE AGGREGATE LIABILITY OF ELLIM AND ITS AFFILIATES FOR ACTUAL DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS LESS.

  4. Exclusions & Limitations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. Accordingly, some of the disclaimers or limitations above may not apply to you. In such jurisdictions, Ellim’s liability will be limited to the greatest extent permitted by law.


11. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Ellim and its officers, directors, employees, agents, affiliates, and licensors (collectively, “Indemnified Parties”) from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your access to or use of the Service.

  2. Your violation of these Terms or any applicable law, regulation, or third-party right (including intellectual property, privacy, or publicity rights).

  3. Your User Content, including any claim that your User Content caused damage to a third party.

You will cooperate as fully as reasonably required in the defense of any claim. Ellim reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to assist and cooperate with Ellim’s defense of such claim.


12. Termination

  1. Your Rights. You may terminate these Terms and your account at any time by deleting the app from your device and discontinuing all use of the Service. If you have a paid subscription, termination or cancellation is subject to the cancellation terms in Section 9.

  2. Our Rights. We may terminate or suspend your access to the Service (including your account) at any time, with or without cause, notice, or liability, including, but not limited to, if we determine that:

    • You have violated these Terms.

    • We are required to do so by law.

    • The operation of the Service is no longer commercially viable.

  3. Effect of Termination. Upon termination:

    • Your license to access and use the Service ceases immediately.

    • You must immediately cease all use of the Service and destroy all copies, full or partial, of any content or materials obtained from the Service.

    • Sections that by their nature should survive termination (including, but not limited to, Sections 1, 5, 6, 8, 10, 11, 12, 13, 14, and 15) will continue in full force and effect.


13. Governing Law & Dispute Resolution

  1. Governing Law. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles.

  2. Venue & Jurisdiction. You agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the competent courts located in Tel Aviv-Yafo, Israel, and you irrevocably submit to the personal jurisdiction of such courts.

  3. Arbitration (Optional Clause). Instead of litigating any dispute in court, we may require that disputes be resolved by binding arbitration in Tel Aviv-Yafo, Israel, in accordance with the rules of the Israeli Institute of Commercial Arbitration. Each party shall bear its own costs and attorneys’ fees, and the arbitration award shall be final and binding, subject only to limited review as provided under Israeli law. If you prefer to opt out of this arbitration agreement, you may do so by mailing a written notice to Ellim at the address listed in Section 15 within thirty (30) days of first using the Service.

  4. Class Action Waiver. To the fullest extent permitted by applicable law, you and Ellim agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.


14. Changes to the Service

We may, at our sole discretion and without prior notice, modify, suspend, or discontinue any part of the Service (including features, content, or hardware). We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.


15. Miscellaneous

  1. Entire Agreement. These Terms, together with any other documents explicitly incorporated by reference (e.g., Privacy Policy, any applicable Subscription Terms), constitute the entire agreement between you and Ellim regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals (whether oral or written) between you and Ellim.

  2. Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable in any respect, the remaining provisions will remain in full force and effect.

  3. Waiver. No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

  4. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms at our sole discretion without restriction.

  5. No Agency. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Ellim. You have no authority to bind Ellim in any respect.

  6. Notices. We may provide notices to you by email, in-app notification, or by posting notices on our website. You agree that any notice provided electronically satisfies any legal communication requirements.


16. Contact Information

If you have questions about these Terms, please contact us at:

Ellim Support Email: support@ellim.app

We will use reasonable efforts to respond to inquiries within a reasonable timeframe.


BY DOWNLOADING, INSTALLING, OR USING ELLIM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM IN THEIR ENTIRETY.

Questions?

If you have any questions about these Terms of Use, please contact us at support@ellim.com