End User License Agreement

This End User License Agreement (“Agreement”) is a legal agreement between you and Appè Latte, the developer of the KOVAapp and its Apple Watch companion (together, the “App”). By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not use the App.

This Agreement is concluded between Appè Latte and you only, and not with Apple Inc. (“Apple”). Appè Latte, not Apple, is solely responsible for the App and its content.

Appè Latte grants you a limited, non-exclusive, non-transferable, revocable license to use the App on any Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including via Family Sharing where applicable. This license is for your personal, non-commercial use only.

You may not copy, modify, reverse engineer, decompile, rent, lease, lend, sell, sublicense, or distribute the App; remove proprietary notices; use the App unlawfully; or use it to build a competing product, except where such a restriction is prohibited by applicable law.

The App offers an optional auto-renewable subscription, KOVA Pro, which unlocks additional features. Core Personal Bests tracking is free.

Price: $9.99 USD / month, or $49.99 USD / year (shown in your local currency at purchase). Free trial: the annual plan includes a 7-day free trial for new subscribers; if you do not cancel before it ends, the subscription renews at the annual price. Auto-renewal: subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period; your Apple ID is charged within 24 hours prior to renewal. Cancellation: manage or cancel any time in Settings → Apple ID → Subscriptions; cancellation takes effect at the end of the current billing period.

All purchases are processed by Apple under Apple’s Media Services Terms and Conditions. Refunds, where available, are handled by Apple.

KOVA is a fitness and activity-tracking tool. It is not a medical device and does not provide medical advice. The App’s metrics — pace, distance, cadence, heart rate, elevation, calories, training load, readiness, and personal bests — are estimates for general informational and motivational purposes only, and are not a substitute for professional medical, health, or fitness advice, diagnosis, or treatment.

Consult a qualified physician before beginning or changing any exercise program. Physical activity carries inherent risks. You participate in running, walking, and related activities entirely at your own risk and are solely responsible for your own safety and awareness of your surroundings. To the fullest extent permitted by law, Appè Latte is not liable for any injury, harm, or loss arising from your use of the App or any activity it tracks.

The App uses GPS location while you record an activity to measure your route, distance, pace, and splits — including while the App is in the background or the screen is locked during an active session. With your permission, the App reads from and writes to Apple Health. Your data is also governed by our Privacy Policy. We do not sell your personal data and do not share it for third-party advertising.

The App — including all software, text, graphics, logos, the KOVA name and wordmark, and related intellectual property — is owned by Appè Latte or its licensors and protected by applicable law. Except for the license expressly granted here, no rights are transferred to you.

To the fullest extent permitted by law, the App is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, accurate, or secure.

In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.

To the fullest extent permitted by law, Appè Latte will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, data, or goodwill, arising out of or relating to your use of or inability to use the App. Where liability cannot be excluded, Appè Latte’s total aggregate liability will not exceed the greater of the amount you paid in the preceding twelve months or USD $50.

Appè Latte is solely responsible for any maintenance and support for the App; Apple has no such obligation. For support, visit kova-run.app/support.

Appè Latte, not Apple, is responsible for addressing any claims by you or a third party relating to the App, including product liability, failure to conform to legal or regulatory requirements, and consumer-protection or privacy claims. In the event of a third-party claim that the App infringes intellectual property rights, Appè Latte will be solely responsible for its investigation, defense, settlement, and discharge.

You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and that you are not on any U.S. Government list of prohibited or restricted parties.

You must comply with applicable third-party terms when using the App (for example, your wireless data agreement). You acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Agreement and have the right to enforce it against you.

This Agreement is effective until terminated. Your rights terminate automatically if you fail to comply with its terms; on termination you must stop using the App and delete all copies. Provisions that by their nature should survive — including the health, intellectual property, warranty, liability, and claims sections — will survive.

This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts in Calgary, Alberta have exclusive jurisdiction, subject to any mandatory consumer-protection rights in your jurisdiction of residence.

We may update this Agreement from time to time. Material changes will be reflected by updating the “Last updated” date and, where appropriate, by notice within the App. Continued use after changes take effect constitutes acceptance.

Questions? Email latte.appe@gmail.com.

Appè Latte
Calgary, Alberta, Canada