OxyScore

Legal

Terms of Use

Last updated: July 26, 2026

These Terms of Use ("Terms") are a binding agreement between you and Kirill Pustovalov, publishing as OxyScore (oxyscore.fit) ("we", "us", "our") governing your use of the OxyScore apps for iPhone and Apple Watch (the "App"). By downloading, subscribing to, or using the App, you agree to these Terms and to the Waiver and Release in Section 5. If you do not agree, do not use the App. You must be at least 18 years old (and at least the age of majority where you live) to use the App. The App is designed for adults and asks for your date of birth to enforce this; it is not intended for, and may not be used by, anyone under 18.

1. License & Apple's EULA

We grant you a personal, non-transferable, non-exclusive, revocable license to use the App on Apple devices you own or control. Your use is also governed by the Apple Licensed Application (Standard) EULA, incorporated here by reference; where these Terms and that EULA conflict as to the license, the Apple EULA governs. You acknowledge that Apple is not responsible for the App or for addressing any claims relating to it — those are between you and us.

2. Subscriptions

Using the App requires an active OxyScore subscription (sold in the App Store subscription group "OxyScore Membership"):

Free trials are limited to one per Apple ID per subscription group, and not everyone gets one. Apple grants trial eligibility once across the whole "OxyScore Membership" group: if a free trial has already been used on your Apple ID — on either plan, including on a previous install — you are not eligible for another, and subscribing charges you the full price immediately, with no trial period. The App asks Apple whether you are eligible and only offers a trial when you are, so the price, trial (if any), and renewal terms shown on the paywall before you confirm are the ones that apply to you. Please read that screen rather than relying on the trial lengths listed above.

Prices are in U.S. dollars and may vary by region and over time; the current price and trial are shown in the App before you subscribe. Consistent with Apple's rules: payment is charged to your Apple ID at confirmation of purchase; subscriptions automatically renew at the then-current price unless auto-renew is turned off at least 24 hours before the current period ends; your account is charged for renewal within 24 hours before period end; you can manage or cancel in your Apple ID Settings; any unused portion of a free trial is forfeited when you buy a subscription, where applicable; both plans are Family Sharing–eligible. Purchases, billing, and refunds are handled by Apple — refund requests follow Apple's policy; we cannot directly issue App Store refunds.

EU, UK and other consumers with a statutory withdrawal or cooling-off right. Apple is the seller of record for App Store purchases, so any statutory right of withdrawal or cooling-off period you have applies to your purchase from Apple and is exercised through Apple. In the EU and UK this is generally a 14-day right from the date of purchase; request it through reportaproblem.apple.com. Nothing in these Terms limits any such right.

Family Sharing and the age requirement. Both plans are Family Sharing–eligible, which means members of your Apple Family group can access the App under your subscription. The 18+ requirement applies to every user without exception. If you enable Family Sharing you are responsible for ensuring that no one under 18 uses the App, and for the use of the App by anyone who accesses it through your subscription. The App enforces an age check on iPhone and carries that check to the Apple Watch, but that is a technical safeguard, not a substitute for your responsibility here.

3. Health & medical disclaimer

⚠︎ Read this before you train

OxyScore is a fitness and educational tool, not a medical device, and does not provide medical advice, diagnosis, or treatment. VO2max, fitness age, mortality-risk context, heart-rate metrics, and training prescriptions are estimates from population research and from data provided by Apple Health — not personal medical predictions or diagnoses, and not a substitute for professional judgment.

Consult a qualified physician before beginning or changing any exercise program, especially if you have a heart condition, are pregnant, take medication, or have any symptoms or risk factors. High-intensity interval training carries inherent risk, which is highest for people not used to vigorous exercise. Stop immediately and seek emergency care if you feel chest pain, dizziness, faintness, or unusual shortness of breath.

By using the App, you affirm that either (a) no physician has ever advised you not to exercise, or (b) a physician has specifically approved your participation in vigorous exercise. If neither is true, do not start a session until you have obtained medical clearance.

4. Not an emergency or monitoring service

OxyScore does not monitor for, detect, or respond to medical emergencies, and is not a safety- or health-monitoring device. Do not rely on it to alert you or anyone else to a medical event. If you experience a medical emergency, call 911 or your local emergency services immediately.

5. Assumption of risk, waiver and release

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND PARTICIPATION IN ANY EXERCISE, WORKOUT, OR TEST IS ENTIRELY AT YOUR OWN RISK, AND THAT YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH IT, INCLUDING THE RISK OF ILLNESS, PERSONAL INJURY, DISABILITY, OR DEATH.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE, RELEASE, AND FOREVER DISCHARGE US AND OUR OFFICERS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, OR LIABILITY OF ANY KIND — INCLUDING FOR NEGLIGENCE — ARISING OUT OF OR RELATING TO YOUR USE OF THE APP OR ANY EXERCISE YOU UNDERTAKE, INCLUDING CLAIMS FOR PERSONAL INJURY, ILLNESS, OR DEATH. To the extent permitted by law, you intend this waiver and release to be binding on you and on your spouse, heirs, next of kin, executors, personal representatives, and assigns.

This Section does not apply to liability that cannot be waived under applicable law (for example, gross negligence, recklessness, or willful misconduct), and it does not limit any right you have under mandatory consumer-protection law. It also does not apply to any claim, or to any part of this waiver, that the law of your state or country does not permit to be waived before an injury occurs — including pre-injury releases of claims for wrongful death or personal injury, and pre-injury releases given to a business that charges a fee for fitness or recreational services. Without limiting that, residents of Louisiana, Montana, Virginia, New York, Connecticut, Vermont, Hawaii and Wisconsin are excepted from this waiver and release to the extent their law so provides. Where a waiver of this kind is not permitted, this Section is limited to the maximum extent the law does permit, and the rest of it stays in effect.

6. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your misuse of the App, your violation of these Terms, or your violation of any law or the rights of a third party.

7. Accuracy of estimates

Any accuracy indicators the App shows for its field tests (for example, a "most accurate" label) refer to that test's published validity against laboratory VO2max under proper conditions, and are accompanied by the test's typical error range. Estimates are not medical-grade measurements. We disclose our methodology so you can judge the numbers accordingly.

8. Acceptable use & intellectual property

Do not reverse-engineer (except as permitted by law), attempt to circumvent the subscription or security, or use the App unlawfully. The App, its name, design, content, and software are owned by us or our licensors; these Terms grant you a license to use the App, not ownership of it. Scientific citations belong to their respective authors and are used for informational and educational purposes.

Third-party names used in the App identify published test protocols and research sources only. The Cooper 12-minute run test, the Rockport Fitness Walking Test and the FRIEND registry reference standards are named for the tests and datasets they describe; OxyScore is not affiliated with, endorsed by, sponsored by, or connected to The Rockport Company, The Cooper Institute, Ball State University, the FRIEND consortium, or any study author, journal or publisher cited in the App. Apple, Apple Watch, iPhone, Apple Health, HealthKit and Apple Intelligence are trademarks of Apple Inc., registered in the U.S. and other countries; App Store is a service mark of Apple Inc. OxyScore is an independent app and is not affiliated with or endorsed by Apple Inc.

9. Disclaimers & limitation of liability

The App is provided "AS IS" and "AS AVAILABLE," with all faults and without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement, to the maximum extent permitted by law. To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, and our total aggregate liability for all claims relating to the App is limited to the greater of (a) the total amount paid for the App and its subscriptions, whether to us or through the App Store, in the twelve months before the event giving rise to the claim, or (b) fifty U.S. dollars (US$50). Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.

10. Dispute resolution — informal first, then arbitration (U.S. residents)

Please read this Section carefully — it affects how disputes are resolved and limits class actions.

(a) Who this Section applies to. This Section 10 applies only if you are a resident of the United States. If you live in the United Kingdom, the European Union, or anywhere else whose law gives you the right to bring a claim in your local courts, this Section does not apply to you, nothing in it waives that right, and Section 11 governs instead.

(b) Informal resolution first. Before starting arbitration or any other formal proceeding, you agree to contact us at support@oxyscore.fit and give us 30 days to resolve the dispute informally.

(c) Binding individual arbitration. If we can't resolve it, any dispute arising out of or relating to the App or these Terms will be resolved by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (available at adr.org), as modified by these Terms — not in court, and not before a judge or jury. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and evidences a transaction in interstate commerce; the FAA governs the interpretation and enforcement of this Section 10, notwithstanding Section 11. The arbitrator, not a court, has authority to decide any dispute about the interpretation, applicability, enforceability or formation of this arbitration agreement — except that a court decides whether the class-action waiver in Section 10(e) is enforceable. The arbitration will be conducted by a single arbitrator, by written submission, telephone, or video, or in person in the county where you live if you request it. The arbitrator may award the same individual remedies a court could, and either party may still bring an individual claim in small-claims court instead.

(d) Who pays. For any individual claim you bring seeking US$10,000 or less, we will pay the AAA filing, administrative, and arbitrator fees — unless the arbitrator determines your claim is frivolous or brought for an improper purpose. Above that amount, those fees are allocated under the AAA Consumer Arbitration Rules. Each party otherwise bears its own attorneys' fees and costs, unless the law under which the claim is brought provides otherwise.

(e) Class-action waiver. Disputes will be arbitrated only on an individual basis; you and we waive any right to bring or participate in a class, collective, or representative action. If multiple similar demands are filed, the parties agree they may be batched or resolved through bellwether proceedings to keep arbitration efficient and fair.

(f) Your 30-day right to opt out. You may reject this arbitration agreement by emailing support@oxyscore.fit within 30 days of first accepting these Terms, with your name and a statement that you decline arbitration. Opting out costs you nothing, does not affect your subscription or your access to the App, and leaves the rest of these Terms in force; disputes will then be resolved in court under Section 11.

If any part of this Section is found unenforceable, the remainder stays in effect, except that if the class-action waiver is found unenforceable, this entire Section 10 is void.

11. Governing law

These Terms are governed by the laws of your country of habitual residence (and, where applicable, your state or province), without regard to conflict-of-law rules. Nothing in these Terms deprives you of protections you are entitled to under the mandatory consumer-protection law of the place where you live.

12. Termination

You may end this agreement at any time by cancelling your subscription and deleting the App from your devices. We may suspend or terminate your licence to use the App, on reasonable notice where practicable, if you materially breach these Terms — for example by circumventing the subscription, by using the App unlawfully, or by allowing a person under 18 to use it. If we terminate for a reason other than your breach, and you have paid for a subscription period you can no longer use, you may request a pro-rata refund for the unused period through Apple. Termination does not entitle you to a refund of amounts already properly charged, and does not affect any right you have under mandatory consumer-protection law. On termination your licence ends and you must stop using the App; the Sections listed below survive.

13. Changes, survival & severability

We may update these Terms; we will change the date above and, for material changes, note it in the App or here. Continued use after an update means you accept the revised Terms. Sections 3–10 and 14 (health disclaimer, emergency notice, waiver and release, indemnification, accuracy, IP, disclaimers, limitation of liability, dispute resolution, and the Apple-required terms) survive any termination. If any provision is held invalid, the rest of these Terms remains in full force.

These Terms, together with the Privacy Policy and the Apple Licensed Application (Standard) EULA referenced in Section 1, are the entire agreement between you and us about the App, and replace any earlier understanding about it. Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless in writing. You may not assign or transfer these Terms; we may assign them to a successor in connection with a merger, acquisition, or sale of substantially all assets relating to the App, on notice to you, provided your rights are not reduced. If any provision is held invalid or unenforceable, it is limited or severed to the minimum extent necessary and the rest of these Terms remains in full force.

14. Apple-required terms

These Terms are between you and us alone, not with Apple, and we — not Apple — are solely responsible for the App and its content.

15. Contact

Questions? Email support@oxyscore.fit.

See also our Privacy Policy.