Terms of Service

1. Acceptance of Terms

By accessing or using Apex Training (the "Service"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and Apex Training ("Company," "we," "us," or "our"). You represent that you have the legal capacity to enter into this agreement.

2. Service Description

Apex Training is an AI-powered strength coaching platform that provides:

• • Personalized strength training programs generated by artificial intelligence
• • Workout logging and progress tracking
• • AI-powered coaching recommendations and exercise modifications
• • Integration with third-party fitness wearables and services
• • Coach-created training programs (through our creator marketplace)

The Service is provided on an "as is" and "as available" basis. Features may be added, modified, or removed at our discretion.

3. Eligibility

To use the Service, you must:

• • Be at least 16 years of age (or 18 in some jurisdictions)
• • Have the legal capacity to enter into a binding agreement
• • Not be prohibited from using the Service under applicable law
• • Provide accurate and complete registration information

If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms.

4. Account Responsibilities

You are responsible for:

• • Maintaining the confidentiality of your account credentials
• • All activities that occur under your account
• • Notifying us immediately of any unauthorized use
• • Ensuring your account information is accurate and up-to-date

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

5. Subscription & Billing

5.1 Free and Paid Tiers

We offer both free and paid subscription tiers. The features available in each tier are described on our Pricing page.

5.2 Free Trial

New users may receive a free trial of paid features. The trial period and terms will be disclosed at signup. After the trial ends, you will be automatically moved to the free tier unless you subscribe.

5.3 Billing

• • Paid subscriptions are billed in advance on a monthly or quarterly basis
• • Payment is processed securely through Stripe
• • Prices are in USD and may be subject to applicable taxes
• • We reserve the right to change pricing with 30 days notice

5.4 Cancellation & Refunds

• • You may cancel your subscription at any time from your account settings
• • Cancellation takes effect at the end of the current billing period
• • No refunds are provided for partial billing periods
• • Refund requests for extenuating circumstances may be submitted to billing@apextraining.io

6. Health & Fitness Disclaimer

By using this Service, you acknowledge and agree that:

• • The training programs and recommendations are for informational and educational purposes only
• • We are not licensed medical professionals, physical therapists, or healthcare providers
• • You should consult with a qualified healthcare provider before beginning any exercise program, especially if you have any pre-existing health conditions, injuries, or concerns
• • You are responsible for determining whether the exercises and recommendations are appropriate for your fitness level and health status
• • The Service does not provide medical diagnoses or treatment
• • Any injury tracking or pain flagging features are for informational purposes and do not constitute medical advice

7. Assumption of Risk

You understand and acknowledge that:

• • Strength training and physical exercise carry inherent risks of injury, including but not limited to muscle strains, joint injuries, cardiovascular events, and other physical harm
• • The risk of injury increases with factors such as improper form, excessive weight, insufficient rest, pre-existing conditions, and environmental factors
• • You are solely responsible for ensuring you use proper form and technique
• • You should stop exercising immediately if you experience pain, dizziness, shortness of breath, or any other concerning symptoms
• • The AI-generated recommendations cannot account for all individual factors and circumstances
• • You assume full responsibility for your decision to follow any workout program or recommendation

7.1 Release of Liability

To the maximum extent permitted by law, you hereby release, waive, and discharge Apex Training, its officers, directors, employees, agents, and affiliates from any and all liability, claims, demands, or causes of action arising out of or related to your use of the Service or any injury or damage that may result from following the exercise programs or recommendations.

8. AI Technology Disclaimer

Our Service uses artificial intelligence and machine learning technologies. You acknowledge that:

• • AI-generated content may contain errors, inaccuracies, or inappropriate recommendations
• • The AI cannot fully understand your individual circumstances, limitations, or needs
• • AI recommendations should be evaluated using your own judgment and, when appropriate, professional guidance
• • We continuously improve our AI systems but cannot guarantee their accuracy or suitability
• • The AI coach is not a replacement for human personal trainers or healthcare professionals

9. Acceptable Use

You agree NOT to:

• • Use the Service for any unlawful purpose
• • Attempt to gain unauthorized access to any part of the Service
• • Interfere with or disrupt the Service or servers
• • Scrape, data mine, or extract data from the Service without permission
• • Use the Service to harass, abuse, or harm others
• • Create multiple accounts to circumvent restrictions or abuse features
• • Resell or redistribute the Service without authorization
• • Reverse engineer or decompile any part of the Service
• • Use automated systems or bots to access the Service

10. Intellectual Property

All content, features, and functionality of the Service—including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof—are owned by Apex Training or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use. This license does not include the right to:

• • Modify or copy the materials
• • Use the materials for commercial purposes
• • Remove any copyright or proprietary notations
• • Transfer the materials to another person

11. User Content

You retain ownership of content you submit to the Service (workout logs, feedback, etc.). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purpose of providing and improving the Service.

You represent that you have all necessary rights to submit content and that your content does not violate any third-party rights or applicable laws.

12. Coach Programs

Our Service allows third-party coaches and creators to offer training programs. When using coach programs:

• • Coach programs are created by independent third parties, not by Apex Training
• • We do not endorse, verify qualifications, or guarantee the quality of any coach
• • Your relationship with a coach is between you and the coach
• • Coaches set their own pricing and program terms
• • The health and fitness disclaimers in these Terms apply equally to coach programs

13. Limitation of Liability

• • Your use of or inability to use the Service
• • Any unauthorized access to or alteration of your data
• • Any content or conduct of third parties on the Service
• • Any physical injury, illness, or death arising from your use of the Service
• • Any other matter relating to the Service

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Apex Training and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• • Your use of the Service
• • Your violation of these Terms
• • Your violation of any third-party rights
• • Any claim that your use of the Service caused injury to yourself or others

15. Termination

We may terminate or suspend your account and access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

• • Violation of these Terms
• • Fraudulent or illegal activity
• • Failure to pay subscription fees
• • Extended inactivity
• • Request by law enforcement or government agencies

Upon termination, your right to use the Service will immediately cease. You may request deletion of your data as described in our Data Deletion Policy.

16. Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

16.2 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@apextraining.io to attempt to resolve the dispute informally within 30 days.

16.3 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the decision shall be final and binding.

16.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• • Posting the updated Terms with a new effective date
• • Sending an email notification for significant changes
• • Displaying an in-app notification

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

18. Contact

If you have questions about these Terms: