End User License Agreement (EULA) for Benchmark Workout Tracker

Last Updated: January 14, 2026

This Custom End User License Agreement (“Agreement” or “Custom EULA”) is a legal agreement between you (“User,” “End-User,” or “You”) and Contagious Development, LLC (“Contagious,” “Benchmark,” “Application Provider,” “We,” “Us,” or “Our”), governing your use of the Benchmark Workout Tracker application (“Application” or “Licensed Application”) available on Apple’s App Store platform.

By downloading, installing, accessing, or using the Application, you agree to be bound by the terms and conditions of this Custom EULA and Apple’s Licensed Application End User License Agreement (Standard EULA). If you do not agree with any provision of this Agreement, you must not download, install, access, or use the Application.

Relationship to Apple’s Standard EULA

This Custom EULA supplements and works in conjunction with Apple’s Licensed Application End User License Agreement (Standard EULA). In the event of any conflict between this Custom EULA and Apple’s Standard EULA, Apple’s Standard EULA shall prevail. You can review Apple’s Standard EULA at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

Acknowledgement

You and Contagious Development, LLC acknowledge that this Custom EULA is concluded between you and Contagious Development, LLC only, and not with Apple, Inc. (“Apple”). Contagious Development, LLC, not Apple, is solely responsible for the Licensed Application and the content thereof. This Custom EULA does not provide for usage rules that conflict with the Apple Media Services Terms and Conditions.

1. License Grant and Scope

Contagious Development, LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on Apple-branded products (iPhone, iPad, etc.) that you own or control for your personal or commercial use, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. You may not resell, sublicense, lease, or otherwise commercially distribute the Application itself to third parties.

The Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing programs. This license is granted in accordance with Apple’s Usage Rules and may not be transferred to another party.

2. Subscription and Purchase Terms

The Application operates on a subscription basis or lifetime purchase with the following terms:

Subscription Options:

  • Billing Cycles: Subscriptions are available on monthly or yearly billing cycles
  • Automatic Renewal: Subscriptions automatically renew unless canceled before the end of the current billing period
  • Refunds: All subscription payments are processed through Apple’s App Store. Refund requests must be submitted directly to Apple in accordance with their refund policies. Contagious Development, LLC does not process refunds directly
  • Cancellation: You may cancel your subscription at any time through your App Store account settings. Cancellation will take effect at the end of the current billing period

Lifetime Purchase Option:

  • One-Time Payment: A lifetime purchase option may be available, granting perpetual access to the Application as long as the Application receives active support from Contagious Development, LLC
  • Support Suspension: Contagious Development, LLC reserves the right to suspend or discontinue support for the Application at any time, at its sole discretion. If support is discontinued, lifetime purchase users will retain access to the Application in its final supported state, but no further updates, maintenance, or support will be provided
  • No Refund Upon Suspension: Lifetime purchases are final. No refunds will be issued if support for the Application is suspended or discontinued

3. User Content Ownership

You retain full ownership of all workout data, notes, content, and materials you create, upload, or store within the Application (“User Content”). By using the Application, you grant Contagious Development, LLC a limited license to store, display, and process your User Content solely for the purpose of providing the Application’s services to you.

4. Data Storage

Cloud data storage and synchronization services are managed by Apple, Inc. through iCloud. Your use of these services is subject to Apple’s iCloud Terms of Service and Privacy Policy. Contagious Development, LLC does not directly control or manage cloud storage infrastructure.

5. Restrictions

You shall not:

a. Copy, modify, distribute, sell, lease, sublicense, or transfer the Application or any part of it;

b. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application;

c. Use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement;

d. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the Application;

e. Interfere with or disrupt the integrity or performance of the Application or the data contained therein; or

f. Attempt to gain unauthorized access to the Application or its related systems or networks.

6. Ownership

The Application, including all intellectual property rights therein, is and shall remain the exclusive property of Contagious Development, LLC and its licensors. This Agreement does not convey to you any rights of ownership in or related to the Application.

7. Privacy

Your use of the Application is subject to Contagious Development, LLC’s Privacy Policy, available at https://contagious.dev/privacy-policy/benchmark/. By using the Application, you consent to the collection, use, and disclosure of information as described in the Privacy Policy.

8. Updates and Maintenance

Contagious Development, LLC is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA or as required under applicable law. You and Contagious Development, LLC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Contagious Development, LLC may, at its sole discretion, provide updates, upgrades, or patches to the Application. Such updates may be necessary for the continued use of the Application and may be automatically downloaded and installed.

9. Termination

This Agreement is effective until terminated by you or Contagious Development, LLC. You may terminate this Agreement by deleting the Application and all copies thereof from your devices and canceling your subscription (if applicable). Contagious Development, LLC may terminate this Agreement at any time without notice if you fail to comply with any term of this Agreement. Upon termination, you shall cease all use of the Application and delete all copies thereof from your devices.

10. Warranty and Apple’s Role

Contagious Development, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Contagious Development, LLC.

The Application is provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Contagious Development, LLC disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Contagious Development, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use or inability to use the Application, even if Contagious Development, LLC has been advised of the possibility of such damages. In no event shall Contagious Development, LLC’s total liability to you for all damages exceed the amount paid by you for the Application subscription or lifetime purchase in the twelve (12) months preceding the claim.

12. Product Claims

You and Contagious Development, LLC acknowledge that Contagious Development, LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to:

a. Product liability claims;

b. Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

c. Claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of HealthKit and HomeKit frameworks (if applicable).

This EULA does not limit the liability of Contagious Development, LLC to you beyond what is permitted by applicable law.

13. Intellectual Property Rights

You and Contagious Development, LLC acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Contagious Development, LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

14. Legal Compliance and Export Control

You represent and warrant that:

a. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

b. You are not listed on any U.S. Government list of prohibited or restricted parties.

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.

15. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Licensed Application. For example, if you use the Application with wireless data services, you must not be in violation of your wireless data service agreement when using the Application.

16. Third-Party Beneficiary

You and Contagious Development, LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

17. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of jurisdictions available, without regard to its conflict of law principles.

18. Entire Agreement

This Agreement constitutes the entire agreement between you and Contagious Development, LLC concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.

19. Modifications

Contagious Development, LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

20. Developer Contact Information

Developer Name: Contagious Development, LLC

Contact Information:

  • Website: https://contagious.dev
  • Email: support@contagious.dev
  • Contact Form: https://contagious.dev/contact

If you have any questions, complaints, or claims with respect to the Licensed Application, please contact us using the information above.

Always Taking Inquiries

At the moment I am not taking on many new projects, but am still available for inquiry or questions.

Reach Out To Dan