Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and PaintedDev, LLC (“PaintedDev,” “we,” “us,” or “our”) governing your use of the Incru mobile application and related services (the “App”). Please read them carefully.

1. Acceptance of These Terms

By tapping “I agree,” creating an account, or using the App, you agree to these Terms and you acknowledge our Privacy Policy, which is available in the App (Settings → Support) and, once published, at https://incru.app/privacy. If you do not agree, do not use the App.

2. Eligibility

You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or legal guardian. By using the App you represent that you meet these requirements.

3. License to Use the App

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple-branded devices that you own or control, for your personal, non-commercial use, in accordance with the App Store Usage Rules.

4. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

5. Subscriptions, Billing, and Trials

Incru offers free features and paid subscription tiers (e.g., Pro and Max), as well as a one-time lifetime purchase. Current names and prices are shown in the App and on the App Store.

Auto-renewing subscriptions renew automatically at the then-current price unless canceled at least 24 hours before the end of the current period. Your Apple ID is charged within 24 hours prior to the end of the period.

You can manage or cancel a subscription in your Apple ID account settings. Deleting the App does not cancel a subscription.

Free trials (where offered) convert to a paid subscription unless canceled before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription.

All purchases are processed by Apple and are subject to Apple’s terms. Refunds, where available, are handled by Apple according to Apple’s policies.

6. Referral Program

We may offer a referral program under which a successful referral grants the referring user a discount on the Max Lifetime purchase. Referrals must be genuine; self-referrals, fraud, and abuse are prohibited and may result in forfeiture of rewards. We may modify, suspend, or end the referral program at any time.

7. Acceptable Use

You agree not to: (a) reverse engineer, decompile, or attempt to extract source code except as permitted by law; (b) interfere with or disrupt the App or its servers; (c) access the App by automated means or scrape data; (d) use the App to violate any law or the rights of others; or (e) circumvent subscription, trial, or referral controls.

8. Health and Fitness Disclaimer

Incru is a fitness-tracking tool that provides general, algorithmic progressive-overload suggestions based on the data you enter. It is NOT medical advice and is not a substitute for professional medical, fitness, or nutritional guidance. Consult a qualified physician before beginning any exercise program, especially if you have a medical condition or injury. You assume all risk associated with exercise and your use of the App’s recommendations. Stop and seek medical attention if you experience pain, dizziness, or discomfort.

9. User Content

You retain ownership of the workout data and notes you enter (“User Content”). You grant us a limited license to host, store, process, and display your User Content solely to operate the App and provide the features you use, including cloud sync where applicable.

10. Feedback

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

11. Intellectual Property

The App, including its software, design, text, graphics, and trademarks, is owned by PaintedDev, LLC and its licensors and is protected by intellectual-property laws. Except for the license granted above, no rights are transferred to you.

12. Copyright Complaints (DMCA)

If you believe content in the App infringes your copyright, send a notice with the information required by the Digital Millennium Copyright Act to incru@proton.me. We may remove allegedly infringing material and terminate repeat infringers.

13. Third-Party Services

The App relies on third-party services (including Apple and Amazon Web Services) and may link to third-party content. We are not responsible for third-party services or content, and your use of them may be governed by their own terms and privacy policies.

14. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference and is available in the App (Settings → Support) and, once published, at https://incru.app/privacy. By agreeing to these Terms, you acknowledge that you have read and understood the Privacy Policy.

15. Disclaimers of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAINTEDDEV, LLC AND ITS MEMBERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR USD $50.

17. Indemnification

You agree to indemnify and hold harmless PaintedDev, LLC from any claims, damages, or expenses arising out of your misuse of the App or your violation of these Terms or applicable law.

18. Termination

You may stop using the App at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the App. Sections that by their nature should survive termination will survive.

19. Governing Law and Disputes

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. The exclusive venue for any dispute not subject to arbitration will be the state or federal courts located in Utah, and you consent to their jurisdiction.

20. General

• Entire Agreement: these Terms and the Privacy Policy are the entire agreement between you and us and supersede all prior agreements on this subject.
• Severability: if any provision is held unenforceable, the rest remain in full force.
• No Waiver: our failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force Majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
• Electronic Communications: you consent to receive communications and notices from us electronically.
• Notices: we may provide notices in the App or by email; you may contact us at incru@proton.me.

21. Changes to These Terms

We may update these Terms from time to time. For material changes we will provide notice in the App and may require you to re-accept. Your continued use after changes take effect constitutes acceptance.

22. Apple App Store: Additional Terms

The following terms apply because you obtained the App from the Apple App Store:

• These Terms are between you and PaintedDev, LLC only, not Apple. Apple is not responsible for the App or its content.
• Apple has no obligation to provide maintenance or support for the App. PaintedDev is solely responsible for support.
• If the App fails to conform to any 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.
• PaintedDev, not Apple, is responsible for addressing any claims relating to the App, including product liability, legal or regulatory non-compliance, consumer-protection claims, and intellectual-property claims.
• You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

23. Contact Us