ALUMA FITNESS: TERMS & CONDITIONS

Last Updated: December 28, 2024

Aluma Fitness, Inc. ("Company," "we," "us," or "our"), a Delaware C-corporation, provides the Aluma Fitness application and related services (collectively, the "Service"). By accessing or using the Service, you ("User" or "you") agree to be bound by these Terms & Conditions (the "Agreement") and our Privacy Policy. If you do not accept these Terms in full, you must not access or use the Service.

1. LICENSE AND INTELLECTUAL PROPERTY

  1. License Grant. Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for personal, non-commercial purposes.
  2. Ownership. All content, features, functionality, and intellectual property rights in and to the Service—software, text, graphics, logos, trademarks, and the like—are owned by or licensed to the Company. Nothing herein transfers or grants you any rights, title, or interest in the Service, except the limited license above.
  3. Prohibited Actions. You may not (a) copy, modify, or create derivative works of the Service, (b) reverse-engineer or otherwise extract source code from the Service, or (c) use the Service for any illegal or unauthorized purpose.

2. USER ACCOUNTS AND ELIGIBILITY

  1. Eligibility. You represent and warrant that you are at least 13 years old (or the age of majority where you reside, if higher) and that you have the legal capacity to enter into this Agreement. If you are under 18, you must obtain permission from a parent or guardian.
  2. Account Credentials. If you register for an account, you must provide accurate, up-to-date information. You are responsible for safeguarding your login credentials and all activity under your account.
  3. Account Suspension or Termination. We may suspend or terminate access to the Service for any reason, at our sole discretion, including but not limited to suspected violations of this Agreement or risk of harm to the Company or others.

3. WORKOUT GUIDANCE AND USER RESPONSIBILITIES

  1. No Medical Advice. The Service may provide general fitness guidance, including but not limited to workout routines, training suggestions (e.g., "AirSquad" workouts), and other fitness information. These are not professional medical or healthcare services and must not be interpreted as medical advice, diagnosis, treatment, or a substitute for consulting a qualified healthcare professional.
  2. User Discretion. Any workout or exercise routine suggested by the Service is undertaken at your sole risk and discretion. By engaging in any suggested workout, you agree that you have evaluated the risks and believe you are medically, physically, and mentally capable of participating in such activities.
  3. Assumption of Risk. You acknowledge that physical exercise, including workouts recommended by the Service, carries inherent risks of injury, discomfort, or health complications. You assume all responsibility for any injury or harm that may result from your participation in any recommended activities.
  4. No Liability for Injuries. The Company disclaims all liability for any injuries, health problems, or damages that may result from the use of the Service, including any suggested routines. You expressly release and hold harmless the Company from any claims arising out of or related to your exercise or reliance on the Service.

4. SUBSCRIPTIONS, IN-APP PURCHASES, AND REFUNDS

  1. Subscription Plans. We offer monthly and annual subscription plans, subject to auto-renewal unless you cancel at least 24 hours before the end of the current billing cycle.
  2. Billing and Payment. Subscription fees and in-app purchases are processed through the respective application marketplace (Apple App Store or Google Play Store). All pricing, payment terms, and billing cycles are disclosed at the point of purchase and may change upon notice in accordance with marketplace rules.
  3. Refund Policy.
    • One-Week Window: If you contact us at support@alumafitness.com within one (1) week of a subscription renewal stating you do not wish to renew, and you meet any relevant app store or platform refund criteria, we will honor a refund for that renewal.
    • Platform Limitations: Actual refunds may be subject to the Apple App Store or Google Play Store policies, which may require additional steps and approvals outside our control.
    • Pro-Rated Refunds: If available on your platform, pro-rated refunds will be issued at our sole discretion and subject to applicable store policies.

5. USER-GENERATED CONTENT

  1. Submission of Content. The Service may allow you to upload or submit content such as workout logs, photos, comments, or messages ("User Content").
  2. License to Company. By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, adapt, and display your User Content in connection with the operation and promotion of the Service.
  3. Representations. You represent and warrant that you own or have the necessary rights to submit the User Content and that such content does not violate any third-party rights or any laws or regulations.
  4. Moderation. We reserve the right, but have no obligation, to review, remove, or modify User Content at our sole discretion for any reason, including compliance with this Agreement.

6. PRIVACY AND DATA HANDLING

Your use of the Service is subject to the Company's Privacy Policy. By using the Service, you consent to our collection, use, and disclosure of personal data as described therein. Key points include:

  1. Data Types. We may collect personal information (e.g., name, email), device information, and optional fitness data (e.g., workout logs).
  2. Data Use. We use such data to operate, improve, and personalize the Service, conduct analytics, and communicate with Users.
  3. Third-Party Services. We may share data with trusted service providers solely for operational or analytical purposes.
  4. Global Operations. Your data may be transferred to or stored on servers in jurisdictions different from your own, including outside the European Economic Area.
  5. Legal Disclosures. We may disclose personal data if required to do so by law or in the event of a sale, merger, or other business transfer.

7. DISCLAIMER OF WARRANTIES

  1. "As Is" Basis. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
  2. No Guarantee of Results. THE COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES AS TO FITNESS OUTCOMES, WEIGHT LOSS, MUSCLE GAIN, OR ANY OTHER HEALTH BENEFITS FROM USE OF THE SERVICE.
  3. No Warranty of Availability. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

8. LIMITATION OF LIABILITY

  1. Indirect Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE.
  2. Aggregate Liability Cap. TO THE EXTENT PERMISSIBLE BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
  3. Liability Waiver. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER USERS) IN CONNECTION WITH THE SERVICE.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, shareholders, employees, agents, and affiliates from and against any and all losses, claims, liabilities, costs, damages, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, (b) your breach of this Agreement, (c) your User Content, or (d) your violation of any applicable laws or regulations.

10. MODIFICATIONS TO THE TERMS

We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time. We will provide notice of material changes by posting an updated Agreement within the Service or by other appropriate means. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

11. GOVERNING LAW AND DISPUTE RESOLUTION

  1. Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
  2. Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, to take place in Wilmington, Delaware, unless otherwise agreed by the parties.
  3. Class Action Waiver. You agree to resolve any disputes on an individual basis and hereby waive any right to participate in a class or collective action against the Company.

12. MISCELLANEOUS

  1. Entire Agreement. This Agreement, together with the Privacy Policy and any additional terms to which you agree when using specific features of the Service, constitutes the entire understanding between you and the Company.
  2. Severability. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
  3. No Waiver. The Company's failure to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision.
  4. Assignment. The Company may assign or transfer this Agreement, in whole or in part, without restriction. You may not assign any rights hereunder without the Company's prior written consent.

CONTACT INFORMATION

For questions about this Agreement, or to request a refund within the applicable window, please email us at:
support@alumafitness.com