Terms of Use for EMW: Session Tracker

Effective date: June 01, 2026
Last updated: July 01, 2026

1. Acceptance of these Terms

These Terms of Use (“Terms”) govern your access to and use of EMW: Session Tracker, including its mobile applications, websites and related services collectively referred to as “EMW” or the “Service.”

EMW is operated by:

Legal name: DX Products LLC
Mailing address: 1 Chisholm Trail Rd #450 Round Rock TX 78681 USA
Email: support@elitemalewellness.com

By creating an account, accessing EMW or using the Service, you agree to these Terms and acknowledge that you have reviewed our Privacy Policy.

If you do not agree to these Terms, do not create an account or use the Service.

2. Eligibility

You must be at least 13 years old to create an EMW account or use the Service.

If you are under the age of legal majority in the state where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

EMW is not directed to children under 13. You may not create an account for a child under 13 or knowingly provide us with personal information belonging to a child under 13.

3. Description of the Service

EMW is a basic workout-session tracking application. It allows users to:

Time workout sessions;
Record workout dates and durations; and
View previous workout sessions.

We may add, change or remove features in accordance with these Terms.

4. Accounts and authentication

You may be required to create an account to save and access workout information.

Authentication is provided through Firebase Authentication, a service provided by Google. Account and workout information is stored using Firebase services. EMW does not use Laravel for authentication or user-data storage.

You agree to:

Provide accurate and current account information;
Maintain the security of your account;
Notify us promptly if you suspect unauthorized access;
Use only accounts that belong to you; and
Accept responsibility for activity conducted through your account, except to the extent caused by our breach of these Terms or failure to use reasonable care.

We may require you to reauthenticate before completing sensitive actions, including changing account information or deleting an account.

5. Third-party sign-in services

EMW may permit you to create or access your account using a third-party authentication service, such as:

When you select a third-party login option, you authorize that provider to send EMW and Firebase the account information needed to authenticate you. Depending on the provider, your choices and your privacy settings, this information may include:

Your name;
Your email address;
A provider-specific account identifier;
A profile image; and
Authentication tokens or similar technical credentials needed to complete login.

EMW does not receive your Google, Apple or Meta password.

Your use of a third-party login provider is also governed by that provider’s applicable terms and privacy policy. EMW is not responsible for the independent operation, security or availability of a third-party account or authentication service.

A third-party provider may change, suspend or discontinue its login service. It may also suspend or terminate your provider account. These events could temporarily or permanently affect your ability to sign in to EMW using that provider.

Where available, you should link an alternative sign-in method to your EMW account so that you do not lose access if a provider login becomes unavailable.

Apple private relay addresses

If you use Sign in with Apple and choose to hide your email address, Apple may provide EMW with a private relay email address instead of your personal email address.

You are responsible for maintaining the Apple account and relay settings needed to receive messages sent through that address. EMW will not require you to replace a functioning Apple private relay address with your personal email solely because it is a relay address.

Linking login providers

EMW may allow multiple login methods to be linked to one account. You must be signed in to the appropriate account before linking another provider.

If a provider credential is already associated with a different EMW account, we may require additional verification before accounts or workout information can be combined. We do not guarantee that separately created accounts can always be merged.

Disconnecting a provider

Removing EMW from your Google, Apple or Meta account, or revoking a provider’s permission, may prevent you from using that provider to sign in.

Disconnecting a provider does not automatically delete your EMW account or workout information. To delete your EMW account and information, use the account-deletion process described below.

Deleting your EMW account does not delete or modify your separate Google, Apple or Meta account.

6. Health and fitness disclaimer

EMW is a session-timing and recordkeeping tool. It does not provide:

Medical advice;
A medical diagnosis;
Medical treatment;
Professional personal-training services;
Emergency assistance; or
A determination that an exercise or workout is safe or appropriate for you.

Workout dates, times and durations do not constitute a medical assessment.

Consult an appropriate healthcare professional before beginning or changing an exercise program when appropriate, particularly if you have an injury, health condition, disability, pregnancy or concern about physical activity.

Stop exercising and seek appropriate assistance if you experience pain, dizziness, breathing difficulty or other concerning symptoms.

In an emergency, contact 911 or the appropriate local emergency service. Do not use EMW to request emergency assistance.

7. Acceptable use

You may use EMW only for lawful, personal and noncommercial purposes unless we authorize another use in writing.

You may not:

Access or attempt to access another user’s account;
Misrepresent your identity or account information;
Attempt to bypass authentication or security controls;
Use EMW in a way that violates applicable law;
Introduce malware, viruses or harmful code;
Disrupt, overload or interfere with the Service;
Scrape or access the Service using unauthorized automated methods;
Reverse engineer or decompile the Service except where applicable law expressly permits it;
Use the Service to infringe another person’s rights; or
Assist another person in carrying out prohibited conduct.

8. Your workout information

You retain any ownership rights you may have in the workout information you enter into EMW.

You grant us a limited, nonexclusive license to host, store, process, reproduce and display that information only as reasonably necessary to:

Operate the Service;
Save and display your workout history;
Synchronize information across supported devices;
Maintain and secure your account;
Troubleshoot technical issues;
Enforce these Terms; and
Comply with applicable law.

You are responsible for reviewing the accuracy of your workout records. Timers and records can be affected by device settings, connectivity, application interruptions, operating-system restrictions and other technical conditions.

EMW should not be used as the sole or permanent storage location for information that is important to you.

9. Privacy

Our Privacy Policy describes how we collect, use, disclose, retain and protect personal information.

By using the Service, you acknowledge that information will be processed as described in the Privacy Policy.

We do not sell your workout history or use it for behavioral advertising unless we clearly disclose the practice and obtain any consent required by applicable law.

Nothing in these Terms limits privacy rights that cannot legally be waived.

10. Third-party services

The Service relies on third-party technology providers, including Google Firebase and any authentication provider you select.

Third-party services may be governed by separate terms and policies. We are not responsible for a third party’s independent acts or omissions.

We may replace a provider or modify an integration where reasonably necessary for security, functionality, legal compliance or continued operation of the Service.

11. Ownership of EMW

EMW, including its software, design, branding, text, graphics, interfaces and other content, is owned by us or licensed to us and is protected by applicable intellectual-property laws.

Subject to these Terms, we grant you a limited, personal, revocable, nonexclusive, nontransferable and nonsublicensable license to use the Service for its intended purpose.

These Terms do not transfer ownership of EMW or its intellectual property to you.

You may not copy, sell, license, distribute or commercially exploit any part of EMW unless we provide written permission or applicable law expressly permits the activity.

12. Service availability and changes

We aim to provide a reliable Service, but we do not guarantee that EMW will always be available, uninterrupted, secure or error-free.

We may modify, suspend or discontinue all or part of the Service where reasonably necessary, including for:

Maintenance;
Security;
Legal or regulatory compliance;
Changes to third-party services;
Technical improvements; or
Business reasons.

Where reasonably practical, we will provide notice before permanently discontinuing a material feature.

13. Account suspension and termination

We may restrict, suspend or terminate an account if we reasonably believe:

These Terms have been materially or repeatedly violated;
The account is being used fraudulently or without authorization;
The account creates a security, legal or operational risk;
Suspension or termination is required by law; or
Continuing to provide the account is no longer reasonably possible.

Where appropriate, we will provide notice and an opportunity to address the issue. We may act without advance notice when reasonably necessary to protect users, the Service or another person.

You may stop using EMW at any time.

14. Account deletion

You may request deletion of your account and associated workout information by:

Selecting [Settings → Account → Delete Account] within the app; or
Contacting [privacy or support email address] from the email address associated with your account.

We may require reasonable verification before completing a deletion request.

Deleting EMW from your device does not delete your account or information stored through Firebase.

When an account is deleted, we will delete or deidentify the associated information within a commercially reasonable period, except where retention is reasonably necessary for security, fraud prevention, dispute resolution or legal compliance.

Information may remain temporarily in restricted backups until those backups are overwritten through our normal retention process.

15. Disclaimers

To the fullest extent permitted by applicable law, EMW is provided on an “as is” and “as available” basis.

We disclaim implied warranties of merchantability, fitness for a particular purpose, title and noninfringement to the extent those warranties may legally be disclaimed.

We do not warrant that:

Every workout will be recorded without interruption;
Workout timing will always be completely accurate;
Stored information will never be lost;
The Service will operate with every device or operating system; or
The Service will meet every user’s requirements.

Some states do not allow certain warranty exclusions, so some exclusions may not apply to you.

16. Limitation of liability

To the fullest extent permitted by applicable law, neither EMW nor its owners, officers, employees, contractors or affiliates will be liable for indirect, incidental, special, consequential or punitive damages arising from or relating to the Service.

This includes loss of information, loss of use, lost profits or business interruption, even if we were advised that such loss was possible.

To the fullest extent permitted by law, our total liability arising from or relating to the Service will not exceed the greater of:

The amount you paid to use EMW during the 12 months before the event giving rise to the claim; or
One hundred U.S. dollars.

These limitations do not apply to liability that cannot legally be limited or excluded. Some states do not permit certain liability limitations, so some limitations may not apply to you.

17. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless EMW and its owners, officers, employees, contractors and affiliates from third-party claims, damages and reasonable costs arising from:

Your unlawful use of the Service;
Your material violation of these Terms; or
Your infringement of another person’s rights.

This section does not require you to indemnify us for our own negligence, misconduct or violation of law.

18. Additional terms for Apple users

If you download or use EMW through Apple’s App Store:

These Terms are between you and EMW, not Apple;
Apple is not responsible for providing maintenance or support for EMW;
Apple is not responsible for claims relating to EMW, except as required by applicable law;
You represent that you are not located in a country subject to a United States government embargo and are not listed on a United States government restricted-party list;
You must comply with applicable third-party terms when using EMW; and
Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you.

Nothing in this section limits any obligation Apple has under applicable law.

19. Governing law and venue

These Terms are governed by the laws of the State of [State], without regard to its conflict-of-laws principles.

Any legal proceeding arising from these Terms or the Service must be brought in the state or federal courts located in [County, State], unless applicable consumer law permits you to bring a claim elsewhere.

You and EMW consent to the personal jurisdiction of those courts.

Nothing in this section prevents either party from bringing an eligible claim in small claims court.

20. Changes to these Terms

We may update these Terms to reflect changes to the Service, applicable law, security practices or third-party providers.

The revised Terms will display a new effective date.

We will provide reasonable notice when a material change significantly affects your rights or obligations. Where required by law, we will request your affirmative agreement to the revised Terms.

21. General terms

These Terms, together with the Privacy Policy and any additional terms presented for a specific feature, constitute the entire agreement between you and EMW concerning the Service.

If any provision is found unenforceable, the remaining provisions will remain in effect.

Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not transfer your account or rights under these Terms without our written permission. We may transfer these Terms as part of a merger, acquisition, financing, reorganization or sale of the Service, subject to applicable law.

22. Contact us

Questions about these Terms may be sent to:

DX Products LLC
1 Chisholm Trail Rd #450 Round Rock TX 78681 USA
support@elitemalewellness.com