FitUpTerms of Use (EULA)
FitUp is free to download and use. Pro is an optional subscription, $4.99 a month or $29.99 a year with a 7-day free trial on the yearly plan, sold through Apple and renewing automatically until you cancel. FitUp does arithmetic; you check the measurements and the fittings before you cut. Apple's standard EULA applies, with the terms below added.
1. The agreement and Apple's EULA
These Terms of Use are an agreement between you and Jay Alcalde (we, us), the developer of FitUp (the app). By downloading or using the app you agree to them. If you do not agree, do not use the app.
Apple's Licensed Application End User License Agreement (the Apple EULA) applies to FitUp in full. The sections below are app-specific terms added to it. Where these terms and the Apple EULA conflict, the Apple EULA controls.
You must be old enough to form a binding contract where you live, or have a parent or guardian's permission, and be allowed to use the App Store under Apple's terms.
2. Your license
As the Apple EULA sets out, you get a personal, non-transferable, non-exclusive license to use FitUp on Apple devices you own or control, as the App Store usage rules allow. You may not copy, modify, reverse engineer, resell, rent, or redistribute the app. The app, its name, its artwork (including Buck the beaver), its diagrams, and its code remain ours.
3. Check every number before you cut
FitUp is a layout calculator. It works out travel, run, take-outs, gaps, and cut lengths from the numbers you type and the values in its take-out chart. Please read this section carefully:
- Verify before cutting. Check every measurement, angle, take-out, gap, and cut length against your own tape, your fittings, and the job's drawings before you cut, bevel, or weld anything.
- Take-outs are defaults. The chart ships commonly published center-to-end values labeled "Default values. Check your fittings." Real fittings vary by maker, standard, and wall, and the right root gap depends on your procedure.
- Rounding. Results are rounded once for display, to the nearest 1/16 inch unless you choose otherwise. The exact decimal is in the formula line.
- Not professional advice or code compliance. FitUp is not a substitute for professional judgment, the instructions of your foreman, engineer, or inspector, a qualified welding procedure, or the codes, standards, and specifications that apply to your work. It does not check code compliance, pressure ratings, slope, supports, or safety, and makes no claim that a result meets any of them.
- Your responsibility. You decide whether to use a result, and you are responsible for the cuts, fit-ups, and installations you make.
4. The free tier
FitUp works without paying and without an account. Unlimited simple offsets at 45 degrees with travel, run, take-outs, gap, cut length, diagram, and formula. Ten rolling offsets at 45 degrees a month. The take-out chart for 1/2, 3/4, and 1 inch. One saved job with any number of cuts. Fractional inches to the nearest 1/16, or decimal inches to three places. Free rolling offsets reset on the first day of each calendar month. We may change what the free tier includes in later versions, but we will not delete jobs you already saved. If a subscription ends, every job stays on the phone and can be renamed or deleted. The first job's cut list stays readable on the free tier; the cut lists of later jobs show again when Pro is back.
5. Pro subscriptions
Pro adds travel, run, and cut length for every angle besides 45 (11.25, 22.5, 30, 60, or one you type), unlimited rolling offsets with setback mode, the full take-out chart from 1/2 to 12 inch with values you can edit, threaded and socket-weld fittings, the weld gap setting, millimeters, 1/32 precision, more than one job, and sharing a cut list as text or an image. Pro is an auto-renewing subscription bought through Apple's in-app purchase system. There are two plans, and both include the same features:
- Monthly: $4.99 per month. No free trial. Charged when you confirm the purchase, then every month.
- Yearly: $29.99 per year, starting with a 7-day free trial for eligible new subscribers. Nothing is charged during the trial. When the trial ends your Apple Account is charged $29.99, then again every year.
Prices are in US dollars. The App Store shows the price in your local currency, including any tax, before you confirm, and that is the price that applies.
5.1 Payment
Payment is charged to your Apple Account (Apple ID) when you confirm the purchase. If you start the yearly plan's free trial, the first payment is charged when the trial ends, unless you cancel before then.
5.2 Automatic renewal
Your subscription renews automatically for the same length and at the same price unless you cancel it at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within the 24 hours before the current period ends. After a renewal is charged, you keep Pro for that whole period.
5.3 Free trial
The 7-day trial on the yearly plan is offered once per Apple Account. Cancel at least 24 hours before it ends and you pay nothing. Any unused part of a free trial is forfeited when you buy a subscription during the trial.
5.4 How to manage or cancel
Subscriptions are managed by Apple, not inside the app. On your iPhone open Settings, tap your name (Apple ID), tap Subscriptions, tap FitUp, then tap Cancel Subscription. You can also reach the same screen from the App Store app by tapping your profile picture, then Subscriptions. Deleting the app does not cancel a subscription. After cancelling, you keep Pro until the end of the period you already paid for and are not charged again.
5.5 Price changes
If we change a subscription price, Apple tells you in advance and, where Apple's rules or the law require, asks for your consent before the new price applies. If you do not agree, the subscription ends at the close of the current period.
5.6 Refunds
Payments go to Apple, so Apple decides refunds under its policies. Request one at reportaproblem.apple.com. We cannot issue refunds directly and never see your payment details.
5.7 Restoring purchases
On a reinstall or a new iPhone signed into the same Apple Account, open FitUp, tap the gear on the home screen, then tap Restore Purchases. A subscription belongs to the Apple Account that bought it and cannot be moved to another Apple Account.
6. Your data
Your jobs, cut lists, take-out edits, and settings stay on your device. We do not receive or back them up, so keep your iPhone backed up if you want them after a lost phone. Subscription records are handled by Apple and RevenueCat as described in our Privacy Policy, which is part of these terms.
7. Acceptable use
Use the app lawfully. Do not try to get around the in-app purchase system, tamper with transactions, or use the app in a way that breaks the App Store terms.
8. Updates and availability
We may release updates that add, change, or remove features, and an update may be needed to keep using the app. We may stop offering the app with reasonable notice. If we stop offering Pro while you have paid time left, we will keep it working for that time or help you get a refund from Apple for the unused part.
9. No warranty
FitUp is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. In plain words: we work hard to get the math right and test it, but we do not promise the app is free of errors, that its default take-outs match your fittings, or that it suits your job. Where the law does not allow some of these exclusions, they apply only as far as the law allows.
10. Limitation of liability
To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for wasted pipe or fittings, rework, labor, delays, lost profits, or lost data, arising from the app or these terms, however caused. Our total liability for any claim about the app is limited to what you paid for the app through Apple in the 12 months before the claim, or ten US dollars, whichever is more. Nothing here limits liability that the law does not allow us to limit.
11. Apple's role
As the Apple EULA explains, Apple is not a party to these terms and is not responsible for the app or its content. Apple has no obligation to provide maintenance or support for it. If the app fails to meet an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; Apple has no other warranty obligation for the app. Apple is not responsible for claims about the app, including product liability claims, claims that it fails to meet a legal or regulatory requirement, and consumer protection claims. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
12. Ending this agreement
You can end this agreement at any time by deleting the app and cancelling any subscription as described in section 5.4. We may end it if you break these terms. Sections 3, 6, 9, 10, 11, and 13 continue after it ends.
13. Governing law
These terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law rules. Disputes go to the state or federal courts located in California, except that you may use small claims court where you live. If you are a consumer in the European Union, the United Kingdom, or another place whose law gives you protections that cannot be waived, you keep them and may bring claims in your home courts.
14. Changes to these terms
We may update these terms. We will change the effective date at the top and, for changes that matter, say so in the app or on this site. Using the app after a change means you accept the new terms. If you do not, stop using the app and cancel any subscription.
15. Contact
Jay Alcalde, developer of FitUp.