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Last Updated: December 30, 2025

Terms of Service

Terms of Service

Effective Date: December 30, 2025 Last Updated: December 30, 2025


IMPORTANT HEALTH WARNING

READ THIS BEFORE USING THE APP:

Desk Jockey is a fitness reminder application. Physical exercise carries inherent risks, including the risk of serious injury or death. By using this App, you acknowledge and accept all risks associated with physical exercise.

DO NOT use this App if:

  • ❌ You have any medical conditions that could be aggravated by exercise
  • ❌ You have been advised by a doctor not to exercise
  • ❌ You are pregnant or recovering from surgery (without doctor approval)
  • ❌ You experience chest pain, dizziness, or severe shortness of breath

ALWAYS consult a qualified healthcare professional before starting any exercise program.


1. Agreement to Terms

1.1 Binding Contract

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Mooncake Investments Ltd (trading as “Desk Jockey”) (“we,” “our,” “us,” or “Company”) regarding your use of the Desk Jockey iOS application (the “App”).

By downloading, installing, accessing, or using the App, you agree to be bound by these Terms.

If you do not agree to these Terms, you must immediately:

  • Stop using the App
  • Delete the App from all your devices
  • Not access any App features or services

1.2 Company Information

Company Name: Mooncake Investments Ltd Trading As: Desk Jockey Company Number: 14548002 Registered Office: 71-75 Shelton St, London, England, WC2H 9JQ, United Kingdom Email: support@deskjockey.app Registered in: England and Wales

1.3 Age Requirement

You must be at least 18 years old to use this App.

By using the App, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into this agreement
  • If you are under 18, you have obtained parental/guardian consent

2. Description of Service

2.1 What the App Does

Desk Jockey is a fitness reminder application that provides:

Core Features:

  • Scheduled notifications reminding you to perform squat exercises during your workday
  • Exercise tracking (squat counts, completion times)
  • Streak tracking (consecutive days of exercise)
  • Daily, weekly, and monthly progress statistics
  • Exercise timer (45-second recommended duration for 10 squats)

The App does NOT:

  • Provide medical advice, diagnosis, or treatment
  • Monitor your actual exercise performance or form
  • Guarantee any health or fitness results
  • Replace professional fitness instruction or medical care

2.2 Service Availability

We provide the App on an “as is” basis. We do not guarantee:

  • Uninterrupted or error-free operation
  • That the App will meet your specific needs
  • That all features will be available at all times
  • Compatibility with future iOS versions

We reserve the right to:

  • Modify, suspend, or discontinue any features at any time
  • Update the App and these Terms
  • Terminate the service entirely (with reasonable notice)

3. License Grant

3.1 Limited License

Subject to your compliance with these Terms and applicable law, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the App on iOS devices you own or control
  • Use the App for your personal, non-commercial purposes only

3.2 License Restrictions

You agree NOT to:

Prohibited Activities:

  • ❌ Modify, adapt, translate, or create derivative works of the App
  • ❌ Reverse engineer, decompile, disassemble, or attempt to derive source code
  • ❌ Remove, alter, or obscure any copyright, trademark, or proprietary notices
  • ❌ Use the App for any illegal, harmful, or unauthorized purpose
  • ❌ Rent, lease, sell, sublicense, distribute, or transfer the App to third parties
  • ❌ Use the App in any way that violates applicable laws or regulations
  • ❌ Attempt to gain unauthorized access to App systems or networks
  • ❌ Use automated systems (bots, scrapers) to access the App
  • ❌ Interfere with or disrupt the App’s operation
  • ❌ Impersonate any person or entity

Violation of these restrictions may result in:

  • Immediate termination of your license
  • Legal action
  • Referral to law enforcement

3.3 Intellectual Property

All rights reserved. The App and all related content, including:

  • Source code, object code, algorithms
  • User interface design, graphics, icons
  • Text, content, documentation
  • Trademarks, service marks, trade names
  • The “Desk Jockey” name and cat mascot logo

Are owned by Mooncake Investments Ltd or our licensors and protected by:

  • UK and international copyright laws
  • Trademark laws
  • Trade secret laws
  • Other intellectual property rights

No rights or licenses are granted except as expressly set forth in these Terms.


4. Free and Premium Features

4.1 Free Tier

The free version of the App includes:

Features:

  • ✅ Up to 4 exercise reminders per day (maximum)
  • ✅ Basic exercise tracking (squat counts, dates)
  • ✅ 7-day streak tracking
  • ✅ Standard work hours (9:00 AM - 5:00 PM, Monday-Friday)
  • ✅ Fixed reminder intervals (60 minutes)

Limitations:

  • ❌ Limited to 4 daily exercises (resets at midnight local time)
  • ❌ Cannot customize work hours
  • ❌ Cannot adjust reminder frequency
  • ❌ Limited streak history (7 days visible)

4.2 Premium Subscription

Premium subscribers receive:

Premium Features:

  • ✅ Unlimited daily exercise reminders (no 4-per-day limit)
  • ✅ Custom work hours (set your own start/end times, weekdays)
  • ✅ Custom reminder intervals (30, 45, or 60 minutes)
  • ✅ Unlimited streak tracking (view complete history)
  • ✅ Ad-free experience (if we add ads in the future to free tier)
  • ✅ Priority support (faster email response times)

Subscription Tiers:

  • Monthly: £3.99 per month
  • Yearly: £39.99 per year (save 17% compared to monthly)

All prices include applicable VAT.


5. Subscription Terms and Billing

5.1 Auto-Renewal Subscriptions

All subscriptions automatically renew unless you cancel at least 24 hours before the end of the current period.

How Auto-Renewal Works:

  1. You subscribe to Premium (monthly or yearly)
  2. At the end of each billing period, your subscription automatically renews
  3. Your Apple ID account is automatically charged for the renewal
  4. Renewal occurs 24 hours before the current period ends
  5. The renewal price is the then-current subscription price (may change with notice)

You are responsible for:

  • Managing your subscription
  • Cancelling before auto-renewal if you don’t want to continue
  • Monitoring your Apple ID charges

5.2 Payment Processing

All payments are processed by Apple through the App Store.

Payment Details:

  • Payment is charged to your Apple ID account at purchase confirmation
  • Apple handles all payment processing (credit cards, Apple Pay, etc.)
  • We do NOT receive or store your payment information
  • We only receive an anonymous receipt validation token to verify your subscription

Apple’s Policies Apply:

  • Subscriptions are governed by Apple’s App Store Terms and Conditions
  • Payment disputes must be handled through Apple Support
  • Refund requests must be submitted to Apple (we cannot process refunds directly)

5.3 Subscription Management and Cancellation

To manage or cancel your subscription:

  1. Open iOS Settings on your device
  2. Tap your name (Apple ID) at the top
  3. Tap “Subscriptions”
  4. Select “Desk Jockey”
  5. Tap “Cancel Subscription”

Or through iTunes/App Store:

  1. Open iTunes (Mac/PC) or App Store (iOS)
  2. Go to Account Settings
  3. Manage Subscriptions
  4. Cancel Desk Jockey

Important Cancellation Terms:

  • ✅ Cancellation takes effect at the end of the current billing period
  • ✅ You retain Premium access until the current period expires
  • ✅ No refund for partial subscription periods (except as required by law)
  • ✅ You can re-subscribe at any time through the App

Links:

  • Manage Subscriptions (iOS): Settings → [Your Name] → Subscriptions
  • Apple Support: https://support.apple.com/billing

5.4 Free Trials (If Offered)

If we offer a free trial period:

Trial Terms:

  • Free trial duration will be clearly displayed before purchase
  • You must cancel before the trial ends to avoid being charged
  • If not cancelled, you will be automatically charged the full subscription price when the trial ends
  • Only one free trial per user (per Apple ID)
  • Free trial eligibility is determined by Apple
  • Any unused portion of the trial is forfeited if you purchase a subscription

5.5 Price Changes

We may change subscription prices at any time with 30 days’ notice.

If prices increase:

  • Existing subscribers: New price applies at next renewal (you’ll be notified)
  • New subscribers: New price applies immediately
  • You can cancel before the price increase takes effect

Notice Methods:

  • In-app notification
  • Email (if provided)
  • App Store listing update

5.6 Refunds

General Policy: All sales are final. No refunds for partial subscription periods.

Exceptions (as required by UK/EU consumer law):

  • 14-Day Cooling-Off Period: UK/EU consumers may cancel digital content within 14 days of purchase for a full refund, UNLESS you have started using the Premium features (by using the App with Premium enabled, you waive the cooling-off right)
  • Faulty Service: If the App is defective or doesn’t work as described, you may be entitled to a refund under Consumer Rights Act 2015
  • Technical Issues: If the App doesn’t work due to our fault, we will work with you to resolve or refund

To request a refund:

  1. Contact Apple Support (they process all refunds)
  2. Request refund through reportaproblem.apple.com
  3. Or email us at support@deskjockey.app (we’ll assist with the Apple refund process)

Note: We cannot issue refunds directly. All refunds must be processed through Apple.

5.7 Taxes

Subscription prices include applicable VAT (Value Added Tax).

  • VAT rate depends on your country of residence
  • Apple calculates and collects VAT automatically
  • VAT receipts are available through your Apple ID purchase history

6. Health and Safety Disclaimers

6.1 NOT Medical Advice or Treatment

CRITICAL DISCLAIMER:

Desk Jockey is a general fitness reminder tool and is NOT:

  • ❌ Medical advice, diagnosis, or treatment
  • ❌ A medical device or health monitoring system
  • ❌ Intended to diagnose, treat, cure, or prevent any disease or medical condition
  • ❌ A substitute for professional medical advice, diagnosis, or treatment
  • ❌ Supervised exercise instruction from a qualified fitness professional
  • ❌ Suitable for therapeutic or rehabilitative purposes

You MUST consult a qualified healthcare professional:

  • Before starting any exercise program
  • If you have any medical conditions
  • If you experience any pain, discomfort, or adverse symptoms
  • Before making any changes to your health or fitness routine

We are NOT healthcare providers. We do not provide medical advice. Any health-related information in the App is for general educational purposes only.

6.2 Exercise Risks and Warnings

ASSUMPTION OF RISK:

Physical exercise carries inherent and significant risks, including but not limited to:

Physical Injury Risks:

  • Muscle strains, sprains, and tears
  • Ligament and tendon injuries
  • Joint damage (knees, ankles, hips, back)
  • Bone fractures or stress fractures
  • Repetitive stress injuries
  • Overexertion and exhaustion
  • Dehydration
  • Falls, slips, and accidents

Cardiovascular Risks:

  • Elevated heart rate and blood pressure
  • Cardiovascular stress or events (heart attack, stroke)
  • Arrhythmias (irregular heartbeat)
  • Chest pain or angina
  • Sudden cardiac arrest

Medical Complications:

  • Aggravation of pre-existing conditions
  • Respiratory distress
  • Dizziness, fainting, or loss of consciousness
  • Nausea and vomiting
  • Heat exhaustion or heat stroke
  • Hypoglycemia (low blood sugar) in diabetics

Other Risks:

  • Damage to property
  • Interference with work environment
  • Embarrassment or social consequences

In rare cases, exercise can lead to serious injury, permanent disability, or death.

BY USING THIS APP, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH EXERCISE.

6.3 Do NOT Use If You Have Medical Conditions

DO NOT use this App without doctor approval if you:

Cardiovascular Conditions:

  • Heart disease, coronary artery disease, or heart defects
  • High blood pressure (hypertension) or low blood pressure
  • Previous heart attack or stroke
  • Arrhythmias or pacemaker
  • Peripheral vascular disease

Respiratory Conditions:

  • Asthma or chronic obstructive pulmonary disease (COPD)
  • Severe shortness of breath during normal activities

Musculoskeletal Conditions:

  • Joint problems (arthritis, bursitis, previous joint surgery)
  • Back problems (herniated discs, chronic back pain, sciatica)
  • Osteoporosis or bone density issues
  • Recent fractures or sprains
  • Limited mobility or range of motion

Metabolic/Endocrine Conditions:

  • Diabetes (Type 1 or Type 2)
  • Thyroid disorders
  • Obesity (BMI > 35)

Other Conditions:

  • Pregnancy or recent pregnancy (within 6 weeks of delivery)
  • Dizziness, fainting, or balance problems
  • Chronic fatigue or weakness
  • Recent surgery or medical procedure
  • Neurological conditions (epilepsy, multiple sclerosis, Parkinson’s)
  • Taking medications that affect exercise capacity

If you have ANY medical conditions or concerns, consult your doctor before using this App.

6.4 Your Responsibilities

BY USING THIS APP, YOU AGREE AND ACKNOWLEDGE THAT:

You Are Responsible For:

  • ✅ Consulting a doctor before starting any exercise program
  • ✅ Ensuring you are physically capable of performing squats
  • ✅ Exercising within your physical limitations and fitness level
  • ✅ Using proper form and technique
  • ✅ Having adequate space to exercise safely (clear of obstacles, stable footing)
  • ✅ Wearing appropriate footwear and clothing
  • ✅ Staying hydrated
  • ✅ Warming up before exercise
  • ✅ Listening to your body and stopping if you feel pain, dizziness, or discomfort
  • ✅ Seeking immediate medical attention if you experience adverse symptoms
  • ✅ Complying with workplace safety policies

You Acknowledge That:

  • We do not supervise your exercise
  • We cannot assess your physical condition or fitness level
  • We cannot ensure you exercise safely or with proper form
  • The App provides general reminders, not personalized fitness coaching
  • The App does not adapt to your individual capabilities or limitations

6.5 When to Stop Exercising Immediately

STOP EXERCISING IMMEDIATELY and seek medical attention if you experience:

  • ⚠️ Chest pain, pressure, or tightness
  • ⚠️ Severe shortness of breath
  • ⚠️ Dizziness, lightheadedness, or fainting
  • ⚠️ Irregular or rapid heartbeat (palpitations)
  • ⚠️ Nausea or vomiting
  • ⚠️ Severe muscle, joint, or bone pain
  • ⚠️ Visual disturbances or headache
  • ⚠️ Numbness or tingling
  • ⚠️ Confusion or disorientation
  • ⚠️ Excessive fatigue or weakness
  • ⚠️ Unusual sweating or pallor

Call emergency services (999 in UK) if symptoms are severe or don’t resolve quickly.

6.6 Workplace Safety

Considerations for Exercising at Work:

  • Ensure you have employer permission to exercise during work hours
  • Use designated break times or personal time
  • Ensure adequate space and safe environment (away from equipment, cables, furniture)
  • Consider privacy and professional environment
  • Comply with workplace health and safety policies
  • Remove obstacles and trip hazards
  • Ensure stable, non-slip flooring
  • Do not exercise in areas where you could fall or collide with objects

We are not responsible for:

  • Workplace injuries
  • Damage to workplace property
  • Conflicts with employer policies
  • Disciplinary actions by your employer

6.7 Proper Squat Form (General Guidance Only)

While we don’t provide personalized instruction, here are general guidelines:

Basic Squat Form:

  1. Stand with feet shoulder-width apart
  2. Keep chest up, shoulders back
  3. Lower body by bending knees and hips
  4. Keep knees aligned with toes (don’t let them cave inward)
  5. Lower until thighs are parallel to ground (or as far as comfortable)
  6. Push through heels to return to standing

Common Mistakes to Avoid:

  • Rounding your back
  • Letting knees extend past toes excessively
  • Rising onto toes
  • Moving too quickly or bouncing
  • Holding your breath

This is NOT professional instruction. Consider hiring a certified personal trainer to learn proper form.


7. Disclaimer of Warranties

7.1 “AS IS” and “AS AVAILABLE”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Express Warranties:

  • ❌ That the App will meet your specific requirements
  • ❌ That the App will achieve any particular results
  • ❌ That the App will help you lose weight, gain muscle, or improve fitness
  • ❌ That the App will prevent health problems

Implied Warranties:

  • ❌ Merchantability (that the App is suitable for general use)
  • ❌ Fitness for a particular purpose
  • ❌ Non-infringement of third-party rights
  • ❌ Accuracy, reliability, or completeness of content

Operational Warranties:

  • ❌ That the App will be uninterrupted, error-free, or secure
  • ❌ That defects will be corrected
  • ❌ That the App is free from bugs, viruses, or harmful components
  • ❌ That data will not be lost or corrupted

7.2 Your Statutory Rights (UK/EU Consumers)

IMPORTANT: If you are a consumer in the UK or European Union, you have statutory rights that cannot be excluded by these Terms.

Under the Consumer Rights Act 2015, digital content must be:

  • ✅ Of satisfactory quality
  • ✅ Fit for purpose
  • ✅ As described

If the App fails to meet these standards:

  • You have the right to a repair or replacement
  • If repair/replacement is impossible or disproportionate, you may be entitled to a price reduction or refund
  • For faulty digital content, you have 30 days to reject and get a full refund

Nothing in these Terms affects your statutory consumer rights.

To exercise your rights: Email support@deskjockey.app with details of the issue.

7.3 No Health Outcomes Guaranteed

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING:

  • Health, fitness, or weight loss results
  • Prevention or treatment of any medical condition
  • Safety or suitability for your individual circumstances
  • The effectiveness of squats for any particular purpose

Results vary based on individual factors including:

  • Your current fitness level and health status
  • Diet, sleep, stress, and other lifestyle factors
  • Genetics and age
  • Consistency and effort
  • Proper form and technique

8. Limitation of Liability

8.1 Exclusion of Liability (To Maximum Extent Permitted by Law)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOONCAKE INVESTMENTS LTD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR:

Direct Damages:

  • Any injuries, illnesses, or health problems resulting from your use of the App or exercise activities
  • Muscle strains, joint injuries, cardiovascular events, or any physical harm
  • Property damage occurring during exercise

Indirect and Consequential Damages:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Loss of use or downtime
  • Reputational harm
  • Emotional distress or mental anguish
  • Any indirect, incidental, special, consequential, or punitive damages

Even if:

  • We have been advised of the possibility of such damages
  • Such damages were foreseeable
  • The limited remedies provided fail of their essential purpose

8.2 Maximum Liability Cap

IF LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW:

Our total aggregate liability to you for all claims arising out of or related to these Terms or the App shall not exceed the greater of:

  1. £50 (Fifty Pounds Sterling), or
  2. The total amount you paid for Premium subscriptions in the 12 months preceding the claim

8.3 Exceptions to Limitations (UK/EU Law)

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR:

Cannot Be Excluded (UK Law):

  • ✅ Death or personal injury caused by our negligence
  • ✅ Fraud or fraudulent misrepresentation
  • ✅ Breach of statutory rights under the Consumer Rights Act 2015
  • ✅ Any other liability that cannot be excluded under UK law

IF YOU ARE A CONSUMER: Your statutory rights are not affected by these limitations. See Section 7.2.

8.4 Basis of Bargain

YOU ACKNOWLEDGE AND AGREE THAT:

  • The limitations and exclusions in this Section reflect a reasonable allocation of risk
  • The App is provided at a low cost (free tier available) or reasonable subscription price
  • You would not be able to use the App at this price point without these limitations
  • These limitations are an essential basis of our agreement

8.5 User Responsibility

YOU ARE SOLELY RESPONSIBLE FOR:

  • All injuries, illnesses, or health problems arising from your use of the App
  • Determining your fitness for exercise
  • Obtaining medical clearance before exercising
  • Using proper form and technique
  • Exercising in a safe environment
  • All consequences of your exercise activities

You release us from any and all liability related to your exercise activities.


9. Indemnification

9.1 Your Indemnity Obligation

You agree to indemnify, defend, and hold harmless Mooncake Investments Ltd, its directors, officers, employees, contractors, agents, licensors, and suppliers from and against any and all:

  • Claims
  • Demands
  • Actions
  • Lawsuits
  • Damages
  • Losses
  • Liabilities
  • Costs and expenses (including reasonable legal fees and court costs)

Arising from or related to:

  1. Your use of the App:

    • Exercise activities
    • Injuries or health problems
    • Improper use
  2. Your violations:

    • Breach of these Terms
    • Violation of any law or regulation
    • Infringement of third-party rights (intellectual property, privacy, publicity)
  3. Your conduct:

    • Negligent or willful misconduct
    • Fraudulent acts
    • Dangerous exercise behavior

9.2 Defense and Settlement

If we are subject to a claim you must indemnify:

  • We will notify you of the claim
  • You must defend us at your expense with counsel we approve
  • You may not settle without our written consent
  • We may participate in defense at our own expense
  • We may assume exclusive defense and settlement if you fail to defend

9.3 Survival

This indemnification obligation survives termination of these Terms and your use of the App.


10. User Data and Privacy

10.1 Your Data Ownership

You retain all rights to your exercise data (squat counts, streaks, statistics).

Data Storage:

  • Your data is stored locally on your device using iOS UserDefaults
  • Optionally synced to your personal iCloud account (if you enable iCloud in iOS Settings)
  • We do NOT store your data on external servers
  • We cannot access your data

10.2 Privacy Policy

Our privacy practices are governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key Privacy Points:

  • We do not collect your personal information
  • All data remains on your device or in your iCloud
  • We do not sell, share, or monetize your data
  • Apple processes subscription payments (we receive anonymous receipt tokens only)

Read the full Privacy Policy: [Link to Privacy Policy on website]

10.3 Backup Responsibility

YOU ARE RESPONSIBLE FOR:

  • Backing up your data (via iCloud or device backups)
  • Any data loss that may occur
  • Maintaining the security of your device and Apple ID

We are NOT responsible for:

  • Data loss or corruption
  • Failure of iCloud sync
  • Device loss, theft, or damage
  • Apple service outages

11. Third-Party Services and Content

11.1 Apple Services

The App uses Apple services and frameworks:

Apple Services:

  • CloudKit: Optional iCloud sync (governed by Apple’s iCloud Terms)
  • StoreKit: In-app purchases and subscriptions (governed by Apple’s App Store Terms)
  • UserNotifications: Local push notifications
  • iOS SDK: Core app functionality

Apple’s Terms Apply:

  • Apple App Store Terms and Conditions
  • Apple Media Services Terms and Conditions
  • iCloud Terms and Conditions
  • Apple Privacy Policy

We are not responsible for Apple’s services or any issues arising from them.

11.2 Third-Party Links

The App may contain links to third-party websites or services (e.g., support documentation, Apple Support).

Disclaimer:

  • We do not control third-party content
  • Links do not imply endorsement
  • Third-party sites have their own terms and privacy policies
  • We are not responsible for third-party content, products, or services
  • Use third-party sites at your own risk

12. Modifications to the App and Terms

12.1 App Modifications

We reserve the right to modify the App at any time, including:

  • Adding, changing, or removing features
  • Updating the user interface or design
  • Improving performance or fixing bugs
  • Discontinuing the App entirely

We will provide reasonable notice for:

  • Removal of major features
  • Service discontinuation
  • Significant changes that affect paid subscribers

Notice Methods:

  • In-app notification
  • App Store update notes
  • Email (if provided)
  • Website announcement

12.2 Terms Modifications

We may update these Terms from time to time.

Changes become effective:

  • Immediately upon posting in the App (for non-material changes)
  • 30 days after notice (for material changes affecting paid subscribers)

We will notify you of material changes by:

  • In-app notification
  • Updated “Last Updated” date
  • Email notice (if available)

Continued use of the App after changes constitutes acceptance.

If you disagree with changes:

  • Stop using the App
  • Cancel your subscription (if applicable)
  • Contact support@deskjockey.app to discuss

12.3 No Obligation to Update

We are not obligated to:

  • Provide updates or new features
  • Maintain compatibility with all iOS versions
  • Continue offering the App indefinitely

Future iOS versions: If Apple releases iOS updates that break the App, we will make commercially reasonable efforts to restore compatibility but do not guarantee it.


13. Termination

13.1 Termination by You

You may terminate at any time by:

  1. Deleting the App from all your devices
  2. Cancelling your Premium subscription (if applicable) via iOS Settings

Effect of Termination:

  • Your license to use the App ends immediately
  • Premium subscription continues until the end of the current billing period (no refund)
  • Your local data remains on your device (you can delete by deleting the App)
  • iCloud data remains in your iCloud (you can delete via iOS Settings)

13.2 Termination by Us

We may suspend or terminate your access to the App immediately if:

Violations:

  • You violate these Terms
  • You engage in fraudulent activity (e.g., subscription fraud)
  • You abuse or misuse the App or our services
  • You use the App for illegal purposes
  • You reverse engineer or hack the App

Other Reasons:

  • To comply with legal requirements
  • To protect our rights or the rights of others
  • If we discontinue the App entirely

Notice:

  • We will provide notice if reasonably practicable
  • Immediate termination without notice for serious violations

13.3 Effect of Termination

Upon termination:

Your Obligations:

  • You must immediately stop using the App
  • You must delete the App from all devices
  • Any outstanding subscription fees remain due

Our Rights:

  • We may delete any data we hold (though we hold minimal data)
  • We are not liable for any losses resulting from termination
  • Provisions that should survive termination remain in effect (indemnification, liability limitations, etc.)

No Refunds:

  • Subscription fees are non-refundable upon termination (except as required by law)
  • If terminated for your violation, no refund for any period

13.4 Survival

The following sections survive termination:

  • Section 6 (Health Disclaimers)
  • Section 8 (Limitation of Liability)
  • Section 9 (Indemnification)
  • Section 14 (Governing Law and Disputes)
  • Section 15 (General Provisions)
  • Any other provisions that by their nature should survive

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

UK and EU Consumer Rights:

  • If you are a consumer in the UK or EU, you benefit from mandatory consumer protection laws
  • Nothing in these Terms affects your statutory consumer rights
  • You may also rely on mandatory consumer protection laws in your country of residence

14.2 Jurisdiction

You agree to the exclusive jurisdiction of the courts of England and Wales for any disputes arising from these Terms or the App.

Exception for Consumers:

  • If you are a consumer in the UK/EU, you may also bring proceedings in your local courts
  • We may bring proceedings against you only in your local courts

14.3 Informal Dispute Resolution

Before filing any legal action, you agree to:

  1. Contact us at support@deskjockey.app
  2. Provide a detailed description of the dispute
  3. Allow 30 days for us to attempt to resolve the issue informally

Benefits of Informal Resolution:

  • Faster resolution
  • Lower costs
  • Preserves relationship
  • May avoid need for legal action

14.4 Alternative Dispute Resolution (ADR)

For EU Consumers:

Under EU Regulation 524/2013, you have the right to use the European Commission’s Online Dispute Resolution (ODR) platform:

ODR Platform: https://ec.europa.eu/consumers/odr/

We participate in ADR through:

  • [To be added if/when we register with an ADR provider]
  • You can submit complaints to this provider

Note: We are not obligated to participate in ADR but may do so voluntarily.

14.5 No Class Actions

You agree to bring claims only in your individual capacity, not as a plaintiff or class member in any class action, consolidated action, or representative proceeding.

Exception: This waiver may not apply if you are a consumer in the UK/EU and such waivers are prohibited under consumer protection laws.

14.6 Limitation Period

Any claims must be brought within:

  • 12 months of the claim arising, or
  • The minimum period required by law (whichever is longer)

After this period, claims are time-barred.


15. General Provisions

15.1 Entire Agreement

These Terms, together with:

  • Our Privacy Policy
  • Apple’s App Store Terms and Conditions

Constitute the entire agreement between you and Mooncake Investments Ltd regarding the App and supersede all prior agreements, understandings, and communications.

15.2 Severability

If any provision of these Terms is found invalid or unenforceable by a court:

  • That provision will be modified to the minimum extent necessary to make it enforceable
  • If it cannot be modified, it will be severed
  • All other provisions remain in full force and effect

Intent: We intend these Terms to be enforceable to the maximum extent permitted by law.

15.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

  • Waiver of one breach does not waive future breaches
  • Waiver must be in writing and signed by us
  • No course of dealing creates waiver

15.4 Assignment

You may NOT assign or transfer these Terms or your rights and obligations without our prior written consent.

We may assign these Terms at any time without restriction or notice, including:

  • To a subsidiary or affiliate
  • In connection with a merger, acquisition, or sale of assets
  • To a successor entity

Any attempted assignment by you is void.

15.5 Force Majeure

We are not liable for failure or delay in performance caused by circumstances beyond our reasonable control, including:

  • Acts of God (earthquakes, floods, fires, pandemics)
  • War, terrorism, civil unrest
  • Government actions or restrictions
  • Internet or telecommunications failures
  • Power outages
  • Labor disputes or strikes
  • Supplier or vendor failures
  • Apple service outages (App Store, CloudKit, etc.)

Effect: Our obligations are suspended during the force majeure event. If the event continues for more than 90 days, either party may terminate these Terms.

15.6 No Partnership or Agency

These Terms do not create:

  • Partnership or joint venture
  • Employer-employee relationship
  • Principal-agent relationship
  • Franchisor-franchisee relationship

You are an independent user of the App.

15.7 Interpretation

Interpretation Rules:

  • Headings are for convenience only and do not affect interpretation
  • “Including” means “including without limitation”
  • Singular includes plural and vice versa
  • References to “days” mean calendar days unless specified as “business days”
  • References to sections are to sections of these Terms

15.8 Language

These Terms are written in English. If we provide a translation, the English version prevails in case of conflict or ambiguity.

15.9 Electronic Communications

You agree to receive communications from us electronically:

  • Through the App
  • Via email (if you provide it)
  • Via push notifications

You agree that:

  • Electronic communications satisfy any legal requirement for written communication
  • You will maintain a valid email address and notification settings
  • It is your responsibility to check for communications

16. Apple-Specific Terms (iOS App)

16.1 Acknowledgement

These Terms are between you and Mooncake Investments Ltd, NOT Apple Inc.

Apple is NOT:

  • A party to these Terms
  • Responsible for the App or its content
  • Obligated to provide maintenance or support for the App
  • Responsible for handling claims, warranty issues, or product liability

16.2 Scope of License

The license granted in Section 3 is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

Usage Rules: https://www.apple.com/legal/internet-services/itunes/uk/terms.html

16.3 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms.

Apple’s Rights:

  • Apple has the right to enforce these Terms against you
  • You accept Apple’s right to enforce as a third-party beneficiary

16.4 Intellectual Property Claims

In the event of any third-party claim that the App infringes intellectual property rights:

  • We (not Apple) are solely responsible for:
    • Investigation of the claim
    • Defense against the claim
    • Settlement or discharge of the claim
  • You must comply with applicable third-party terms when using the App
  • You must notify us immediately of any infringement claims

16.5 Product Warranty Claims

Apple has no warranty obligations with respect to the App.

For warranty claims:

  • Contact us at support@deskjockey.app (not Apple)
  • To the extent permitted by law, warranty claims are disclaimed per Section 7
  • Apple is not responsible for any failure to conform to warranty

16.6 Product Claims

You must contact us (not Apple) for:

  • Product liability claims
  • Regulatory or legal compliance failures
  • Consumer protection claims
  • Claims under the Consumer Rights Act 2015

Apple is not responsible for addressing such claims.

16.7 Legal Compliance Representation

We represent and warrant that:

  • We are not located in a country subject to U.S. Government embargo or designated as a “terrorist supporting” country
  • We are not on any U.S. Government list of prohibited or restricted parties
  • The App complies with applicable export control laws

17. Contact Information

17.1 Support and Inquiries

For questions, support, or concerns about these Terms or the App:

Email: support@deskjockey.app Company: Mooncake Investments Ltd Address: 71-75 Shelton St London, England WC2H 9JQ United Kingdom

Response Time: We aim to respond within 7 business days for general inquiries, faster for urgent issues.

17.2 Legal Notices

For formal legal notices (required under these Terms or applicable law):

Email: support@deskjockey.app Postal Address: Mooncake Investments Ltd ATTN: Legal Department 71-75 Shelton St London, England WC2H 9JQ United Kingdom

Effective Date of Notice:

  • Email: Upon receipt (provide confirmation)
  • Post: 3 business days after posting (tracked mail recommended)

17.3 Complaints and Disputes

For complaints or dispute resolution:

  1. First: Email support@deskjockey.app (informal resolution)
  2. If unresolved: Use ADR (see Section 14.4)
  3. Legal Action: See Section 14 (Governing Law)

UK/EU Consumers:

  • You may complain to local trading standards or consumer protection authorities
  • You may use the EU ODR platform: https://ec.europa.eu/consumers/odr/

18. Your Acknowledgment and Acceptance

BY DOWNLOADING, INSTALLING, OR USING THE DESK JOCKEY APP, YOU ACKNOWLEDGE AND AGREE THAT:

✅ You have read, understood, and agree to be bound by these Terms of Service ✅ You have read and understood the Privacy Policy ✅ You understand the health risks associated with physical exercise ✅ You accept full responsibility for your exercise activities and any injuries or health problems that may result ✅ You are at least 18 years old (or have parental consent) ✅ You are physically capable of performing squats and have obtained medical clearance if needed ✅ You release Mooncake Investments Ltd from any and all liability related to your use of the App and exercise activities ✅ You will exercise safely, use proper form, and stop immediately if you experience pain or discomfort ✅ You will not hold us responsible for any injuries, illnesses, or damages arising from your use of the App

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.


19. Effective Date and Version

Effective Date: December 30, 2025 Last Updated: December 30, 2025 Version: 2.0

Previous versions of these Terms are superseded and no longer in effect.


20. Summary (Not Legally Binding)

Plain English Summary (for reference only - full Terms above apply):

  • What it is: Desk Jockey reminds you to do squats during your workday
  • Pricing: Free (up to 4/day) or Premium £3.99/month (unlimited)
  • Health Warning: Exercise has risks. Consult a doctor. Stop if you feel pain.
  • No guarantees: We don’t promise fitness results. Use at your own risk.
  • Your responsibility: You’re responsible for exercising safely
  • Our liability: Limited to maximum extent permitted by law
  • Your data: Stays on your device. We don’t collect it.
  • Subscription: Auto-renews. Cancel anytime (no refund for partial periods).
  • Apple handles: Payments, refunds, subscription management
  • Your rights: UK/EU consumer rights apply and cannot be excluded
  • Contact: support@deskjockey.app for help

This summary is for convenience only. The full Terms above are legally binding.


© 2025 Mooncake Investments Ltd. All rights reserved.

Desk Jockey™ is a trademark of Mooncake Investments Ltd.


IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

Desk Jockey

Simple squat reminders to keep you active throughout your workday.

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