Terms of Service

1. Eligibility

You must be at least 13 years old to create an account and use the Service. If you are under 18, you represent that your parent or legal guardian has read and agreed to these Terms on your behalf and consents to your use of the Service.

The Service is not intended for children under 13. We do not knowingly collect personal information from children under 13. If we learn that we have collected information from a child under 13 without verifiable parental consent, we will delete that information promptly. If you believe a child under 13 has created an account, contact us at brandon@massinmotionapp.com.

By using the Service you represent and warrant that you meet all eligibility requirements and that your use does not violate any applicable law or regulation.

2. Accounts

You must register for an account to access most features of the Service. You agree to:

• Provide accurate, current, and complete information during registration and keep it updated.
• Maintain the confidentiality of your account credentials and not share them with any third party.
• Notify us immediately at brandon@massinmotionapp.com of any unauthorized use of your account.
• Accept responsibility for all activity that occurs under your account.

You may not create accounts using automated means, use fictitious identities, or impersonate any person or entity. We reserve the right to reclaim usernames or suspend accounts that violate these Terms.

3. Subscriptions and in-app purchases

3.1 Premium Features

Certain features of the Service require a paid subscription ("Premium"). Current pricing is displayed within the App and is subject to change with notice.

3.2 Billing and Renewal

Subscriptions are processed through the Apple App Store or Google Play Store ("Platform") and are subject to that Platform's payment terms. Your subscription automatically renews at the end of each billing period at the then-current price unless you cancel at least 24 hours before the renewal date through your Platform account settings. We do not have access to your payment card details.

3.3 Cancellation and Refunds

You may cancel your subscription at any time through your device's App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period; you will retain access to Premium features through that date. We do not issue refunds for unused portions of a subscription period except where required by applicable law. Refund requests must be directed to the applicable Platform, not to Mass in Motion.

3.4 Price Changes

We may change subscription prices at any time. We will notify you of any price increase with reasonable advance notice, and you will have the opportunity to cancel before the new price takes effect.

3.5 Free Trials

We may offer free trials of Premium (currently 14 days). At the end of a free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. Only one free trial per person is permitted.

4. Health and medical disclaimer

The workouts, training programs, running plans, load recommendations, recovery scores, and all other content generated or displayed by the Service are for general fitness and informational purposes only and do not constitute medical advice, diagnosis, or treatment.

Consult Your Doctor. Before beginning any new exercise program, significantly increasing your physical activity level, or making changes to your training regimen based on the Service, you should consult a qualified physician or licensed healthcare provider, especially if you:

• Have or suspect you may have a pre-existing medical condition (including but not limited to heart disease, high blood pressure, diabetes, osteoporosis, or joint disorders);
• Are pregnant, postpartum, or nursing;
• Are recovering from an injury, illness, or surgery;
• Have been sedentary or physically inactive for an extended period;
• Are over 45 years of age and have not recently had a medical evaluation;
• Experience any symptoms that concern you during or after exercise.

Stop Exercising Immediately and seek emergency medical attention if you experience chest pain or tightness, severe shortness of breath, dizziness, fainting, irregular heartbeat, sudden severe headache, pain or numbness in your arm or jaw, or any other unusual or alarming symptom.

The injury-adjustment and load-management features of the Service are informational aids only and are not a substitute for evaluation and treatment by a licensed sports medicine professional, physical therapist, or physician.

5. Assumption of risk

Physical exercise involves inherent risks, including but not limited to muscular soreness, sprains, strains, tendon injuries, stress fractures, cardiovascular events, and in extreme cases, serious injury or death. By using the Service you voluntarily and knowingly assume all risks associated with physical activity and acknowledge that Mass in Motion, its officers, employees, and affiliates are not responsible or liable for any injury, illness, loss, or damage arising from or related to your use of the Service or your participation in any workout, training program, or physical activity suggested or described by the Service.

You agree that you are solely responsible for assessing your own fitness, health, and ability before undertaking any physical activity recommended by the Service.

6. User content

You retain ownership of all workout logs, progress photos, body weight entries, notes, and other data you enter into the Service ("User Content").

By submitting User Content, you grant Mass in Motion a limited, non-exclusive, worldwide, royalty-free license to store, process, and display your User Content solely as necessary to provide and improve the Service for you. We do not claim any ownership right in your User Content beyond what is necessary to operate the Service.

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit;
• Your User Content does not infringe any third-party intellectual property, privacy, or other rights;
• Your User Content does not contain any material that is unlawful, defamatory, obscene, or harmful.

We reserve the right (but have no obligation) to remove User Content that violates these Terms.

7. Intellectual property

The Service, including its software, algorithms (including adaptive coaching and periodization logic), user interface, design, graphics, text, and all other content not constituting User Content ("Mass in Motion Content"), is owned by or licensed to Mass in Motion and is protected by United States and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial fitness tracking purposes only.

You may not:

• Reproduce, modify, distribute, or create derivative works of the Service or Mass in Motion Content;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service;
• Use the Service or any outputs of the Service to train, develop, or improve any competing machine learning model, AI system, or algorithm;
• Sublicense, sell, resell, or commercially exploit the Service;
• Remove or alter any proprietary notices or labels on the Service.

8. Privacy and health data

Our collection, use, and disclosure of your personal information (including health and fitness data) is described in our Privacy Policy, which is incorporated into these Terms by reference.

Health Data. We collect health-related data that you voluntarily provide (such as body weight, workout logs, heart rate, sleep schedules, and recovery scores) to personalize and power your training experience. This data is processed in accordance with our Consumer Health Privacy notice, accessible within the App.

No Sale of Health Data. We do not sell your health data to third parties, and we do not share it with third-party advertisers.

Washington My Health MY Data Act. If you are a Washington State resident, you have additional rights regarding your consumer health data as described in our Consumer Health Privacy Notice, including the right to withdraw consent, access, and delete your consumer health data.

9. Third-party services and integrations

The Service may integrate with or rely on third-party services, including but not limited to:

• Apple Health / HealthKit: subject to Apple's terms and privacy policy;
• Google Fit / Health Connect: subject to Google's terms and privacy policy;
• Firebase (Google LLC): used for authentication, database, and analytics;
• Apple App Store / Google Play Store: for subscription billing;
• Firebase Crashlytics: for crash reporting and stability diagnostics;
• RevenueCat: for subscription management and in-app purchase processing.

Your use of third-party services is subject to those services' terms and privacy policies. Mass in Motion does not control third-party services and is not responsible for their availability, accuracy, or conduct. Links or integrations do not constitute an endorsement.

Third-Party Trademarks & Non-Affiliation. Third-party names, logos, and brands are property of their respective owners. References to third-party services, devices, apps, methodologies, or brands are provided for compatibility, informational, or descriptive purposes only. Mass in Motion LLC is independent and is not affiliated with, endorsed by, sponsored by, or approved by Apple, WHOOP, Strava, Google, Oura, or any other third-party brand referenced in the app or website unless expressly stated in writing.

10. Prohibited conduct

You agree not to use the Service to:

• Violate any applicable law or regulation;
• Infringe the intellectual property, privacy, or other rights of any third party;
• Upload, transmit, or distribute malware, viruses, or any other malicious code;
• Attempt to gain unauthorized access to any portion of the Service or any other system or network;
• Scrape, crawl, or systematically extract data from the Service using automated means;
• Circumvent any access controls, subscription restrictions, or other technical measures;
• Impersonate Mass in Motion, any employee, or any other person or entity;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or that may expose Mass in Motion to liability.

11. Disclaimer of warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASS IN MOTION DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL MEET YOUR SPECIFIC FITNESS OR PERFORMANCE GOALS;
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• ANY ERRORS OR DEFECTS WILL BE CORRECTED;
• THE TRAINING RECOMMENDATIONS OR ALGORITHMIC OUTPUTS WILL BE ACCURATE OR SUITABLE FOR YOUR INDIVIDUAL CIRCUMSTANCES.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MASS IN MOTION OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO MASS IN MOTION FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

The limitations in this section apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and survive the termination or expiration of these Terms. Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Mass in Motion and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your access to or use of the Service;
• Your User Content;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any third-party rights.

We reserve the right, at our expense, to assume exclusive control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

14. Termination

By You. You may close your account at any time by contacting us at brandon@massinmotionapp.com or through the account deletion option in the App. Closing your account does not automatically cancel a paid subscription; you must cancel through your Platform account settings separately.

By Us. We may suspend or permanently terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms or conduct that we reasonably believe is harmful to other users, us, or third parties.

Effect of Termination. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination (including Sections 5, 7, 11, 12, 13, 15, and 16) will survive.

15. Dispute resolution and arbitration

15.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at brandon@massinmotionapp.com and provide a written description of the dispute, your desired resolution, and your contact information. We will attempt to resolve the dispute informally within 30 days.

15.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified by these Terms. The arbitration will be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Nothing in this section shall prevent either party from seeking emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the conclusion of arbitration.

15.3 Class Action Waiver

YOU AND MASS IN MOTION EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS. All claims must be brought in the parties' individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

15.4 Opt-Out

You may opt out of the arbitration agreement by sending written notice to brandon@massinmotionapp.com within 30 days of first accepting these Terms. Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved in the courts identified in Section 16.

16. Governing law

These Terms are governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict-of-law provisions. Any legal action not subject to arbitration under Section 15 shall be brought exclusively in the state or federal courts located in Franklin County, Columbus, Ohio, and you consent to personal jurisdiction in those courts.

17. International users

The Service is operated from the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By using the Service, you consent to the transfer of your information to the United States, which may have different data protection standards than your country.

European Economic Area (EEA) and United Kingdom Users. If you are located in the EEA or UK, our Privacy Policy describes the legal bases under which we process your personal data and your rights under the General Data Protection Regulation (GDPR) or UK GDPR, including rights to access, rectification, erasure, restriction, and portability.

18. Changes to these terms

We may update these Terms at any time. When we make material changes, we will notify you by updating the "Last Updated" date at the top of this page and, where appropriate, by in-app notification or email. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

If you do not agree to the revised Terms, you must stop using the Service and may close your account as described in Section 14.

19. General provisions

Entire Agreement. These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Mass in Motion regarding the Service and supersede all prior agreements.

Severability. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, or failure of third-party infrastructure.

20. Contact information

If you have any questions about these Terms of Service, please contact us:

Mass in Motion
Registered Agent Address: 6545 Market Ave. North Suite 100, Canton, Ohio 44721
Email: brandon@massinmotionapp.com
Website: massinmotionapp.com