Terms of Service

By downloading, accessing, or using the Liftune mobile application (the "App") or website at liftune.com (the "Website"), collectively referred to as the "Services," you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms constitute a legally binding agreement between you and Liftune ("we," "our," or "us"). We may modify these Terms at any time, and your continued use of the Services after any changes indicates your acceptance of the modified Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Liftune is an AI-powered fitness application that provides personalized workout programs, exercise tracking, progress analytics, and fitness guidance. Our Services include:

• AI-generated personalized workout programs
• Exercise demonstration library with videos
• Workout logging and progress tracking
• Personal records and analytics
• Program import and scanning features
• Apple Health integration

We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice.

The Services are not available for use by persons under the age of 18. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

You may not allow persons under the age of 18 to use the Services unless they are supervised by you. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4.1 Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4.3 Account Termination

You may delete your account at any time through the App settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent or illegal activity.

5.1 Subscription Plans

Liftune offers subscription plans (weekly, monthly, and annual) that provide access to premium features. Subscription details, including pricing and features, are displayed in the App.

5.2 Free Trial

We may offer a free trial period for new users. At the end of the trial, your subscription will automatically begin unless you cancel before the trial ends.

5.3 Billing

All payments are processed through Apple's App Store. By subscribing, you agree to the App Store's terms and conditions. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.

5.4 Cancellation and Refunds

You may cancel your subscription at any time through your App Store account settings. Cancellation takes effect at the end of the current billing period. Refund requests are subject to Apple's refund policies.

5.5 Price Changes

We reserve the right to change subscription prices. Price changes will not affect your current subscription period and will be communicated in advance.

6.1 Application License

The license granted to you for the Liftune app is limited to a non-transferable license to use the application on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

6.2 Third-Party Beneficiary

You acknowledge and agree that Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

6.3 Apple's Non-Responsibility

You acknowledge that:

• These Terms are between you and Liftune only, not with Apple
• Apple is not responsible for the App or its content
• Apple has no obligation to provide any maintenance or support services for the App
• Apple is not responsible for addressing any claims by you or any third party relating to the App
• Apple is not responsible for the investigation, defense, settlement, or discharge of any intellectual property infringement claim

6.4 Payment Processing

All subscription payments are processed through Apple's App Store. By subscribing, you agree to Apple's terms and conditions for in-app purchases. Apple handles all billing, and we do not have access to your payment information.

6.5 Refunds

Refund requests for subscriptions purchased through the App Store must be directed to Apple. We do not process refunds directly. You can request a refund through your Apple ID account settings or by contacting Apple Support.

6.6 App Store Terms

Your use of the App is also subject to the terms and conditions of the Apple Media Services Terms and Conditions, available at: apple.com/legal/internet-services/itunes

7.1 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe on the rights of others, including intellectual property rights
• Use the Services for any unlawful, harmful, or fraudulent purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers connected to the Services
• Share your account credentials with others
• Create multiple accounts for fraudulent purposes
• Cause nuisance, annoyance, inconvenience, or property damage to any party through your use of the Services

7.2 Technical Restrictions

You may not:

• Remove any copyright, trademark, or other proprietary notices from any portion of the Services
• Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted
• Decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law
• Link to, mirror, or frame any portion of the Services without authorization
• Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services
• Use automated systems, bots, or software to extract data from the Services or unduly burden the operation of the Services

7.3 Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device.

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Liftune does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

IMPORTANT: Please read this section carefully.

8.1 No Medical Advice

Liftune provides the Services for you to track, manage, and plan your fitness activities. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice.

You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND LIFTUNE.

8.2 Assumption of Risk and Release of Claims

The physical activities to which the Services relate carry certain inherent risks including personal injury and property damage. YOU ACKNOWLEDGE THAT YOU UNDERTAKE SUCH ACTIVITIES ENTIRELY AT YOUR OWN RISK.

• Always consult with a qualified healthcare provider before starting any new exercise program, especially if you have any medical conditions, injuries, or health concerns.
• Stop exercising immediately and seek medical attention if you experience pain, dizziness, shortness of breath, or any other concerning symptoms.
• The AI-generated workout programs are based on the information you provide and may not account for all individual health factors.
• You assume all risks associated with using the workout programs and information provided through our Services.

RELEASE AND WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE LIFTUNE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH THAT MAY BE SUSTAINED BY YOU, OR ANY PROPERTY BELONGING TO YOU, ARISING FROM YOUR USE OF THE SERVICES OR PARTICIPATION IN ANY EXERCISE OR FITNESS ACTIVITIES SUGGESTED BY THE SERVICES.

You agree that this release includes any claims based on negligence, action, or inaction of any of the Released Parties. You understand and agree that this release is intended to be as broad and inclusive as permitted by the laws of the applicable jurisdiction, and that if any portion is held invalid, the remainder shall continue in full legal force and effect.

8.3 AI-Generated Content Disclaimer

Our Services use artificial intelligence to generate workout programs and fitness recommendations. YOU ACKNOWLEDGE AND AGREE THAT:

• AI-generated content is created algorithmically and may contain errors, inaccuracies, or recommendations that are not suitable for your specific circumstances
• AI systems have inherent limitations and cannot fully assess your physical condition, health history, or individual needs
• You are solely responsible for evaluating the appropriateness of any AI-generated workout or recommendation before following it
• Liftune makes no representations or warranties regarding the accuracy, safety, or suitability of AI-generated content for any particular purpose
• You should always use your own judgment and consult with qualified professionals before implementing any fitness program

8.4 No Guaranteed Results

We do not guarantee any specific results from using our Services. Individual results may vary based on many factors including consistency, effort, diet, and genetics. You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

8.5 Physical Fitness Representation

By using our Services, you represent and warrant that you are in good physical condition and have no disability, impairment, or ailment that would prevent you from engaging in exercise or that would be aggravated by exercise, or that you have obtained a physician's clearance to participate in exercise programs.

9.1 Our Content

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

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms.

9.3 User Content

Liftune may permit you from time to time to submit, upload, publish, or otherwise make available to Liftune through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content").

Any User Content provided by you remains your property. However, by providing User Content to Liftune, you grant Liftune a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Liftune's business), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Liftune the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content nor Liftune's use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive. Liftune may, but shall not be obligated to, review, monitor, or remove User Content, at Liftune's sole discretion and at any time and for any reason, without notice to you.

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Services, you consent to our data practices as described in the Privacy Policy.

Our Services may integrate with or contain links to third-party services (e.g., Apple Health). We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The exercise demonstrations, videos, or instructions will be suitable for your specific physical condition or fitness level
• The AI-generated workout programs will be free from errors or appropriate for your individual circumstances

12.1 Third-Party Content

Exercise videos, demonstrations, and other content may be provided by third parties or generated using third-party services. We do not warrant the accuracy, completeness, or appropriateness of any third-party content. You use such content at your own risk.

12.2 No Reliance

You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of Liftune which is not set out in these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIFTUNE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF EMPLOYMENT, WAGES, SALARY, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Any injuries or health issues resulting from following workout programs
• Any transaction or relationship between you and any third-party provider, even if Liftune has been advised of the possibility of such damages
• Delay or failure in performance resulting from causes beyond our control

You agree that Liftune's Services may be used by you to plan and conduct a workout, but you agree that Liftune has no responsibility or liability to you related to any exercise, working out, goods, or services provided to you by third parties other than as expressly set forth in these Terms.

You are solely responsible for maintaining the confidentiality of the device through which you access the Services and for restricting access to your password and to your device while logged into the Services. You accept responsibility for all activities that occur under your account or device.

IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS (INCLUDING YOUR USE OF THE APP OR SERVICES), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF DAMAGES, EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

The limitations and disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

You agree to indemnify, defend, and hold harmless Liftune 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 Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your content uploaded to the Services

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to conflict of law principles.

15.2 Jurisdiction and Venue

Any disputes arising from or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Germany, unless you are a consumer habitually resident in another EU member state, in which case you may also bring proceedings in the courts of your country of residence.

15.3 Consumer Rights (EU)

If you are a consumer in the European Union, you retain any mandatory consumer protection rights granted to you under the laws of your country of residence. Nothing in these Terms affects your statutory rights as a consumer that cannot be waived or limited by contract.

15.4 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at legal@liftune.com to attempt to resolve the dispute informally. We will make good faith efforts to resolve any issue within 30 days.

15.5 Online Dispute Resolution (EU)

If you are a consumer in the European Union, you may also use the European Commission's Online Dispute Resolution (ODR) platform to resolve disputes. The ODR platform is available at: ec.europa.eu/consumers/odr

15.6 Arbitration

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Liftune, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The arbitration will be administered by a recognized arbitration institution in accordance with its rules then in effect. The arbitrator will be selected by mutual agreement of the parties. If the parties are unable to agree upon an arbitrator within fourteen (14) days, then the arbitration institution will appoint the arbitrator.

The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above.

Note: Mandatory arbitration clauses may not be enforceable against consumers in the European Union.

15.7 Class Action Waiver

To the fullest extent permitted by applicable law, you and Liftune agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Liftune. If a dispute arises, you agree to bring claims against Liftune only in your individual capacity.

If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that a dispute can proceed on a class basis, then the dispute shall be resolved in court rather than arbitration.

15.8 Opt-Out of Class Action Waiver

You have the right to opt out of this class action waiver. To opt out, you must send written notice to legal@liftune.com within 30 days of first accepting these Terms. Your notice must include:

• Your full name
• Your email address associated with your Liftune account
• A clear statement that you wish to opt out of the class action waiver

If you opt out, you may participate in class action litigation if any arises. Opting out will not affect any other aspect of these Terms or your use of the Services.

15.9 Consumer Rights Exception

If you are a consumer in the European Union or another jurisdiction where class action waivers are not permitted, this waiver may not apply to you to the extent prohibited by applicable law. Nothing in this section limits your rights under mandatory consumer protection laws.

15.10 Opt-Out of Dispute Resolution Changes

If Liftune changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Liftune written notice of such rejection by email to legal@liftune.com within 30 days of the date such change became effective.

In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will resolve any Dispute between you and Liftune in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms.

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Liftune regarding the Services. These Terms expressly supersede prior agreements or arrangements with you.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Liftune in writing.

16.4 Assignment

You may not assign these Terms without Liftune's prior written approval. Liftune may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Liftune's equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

16.5 No Joint Venture

No joint venture, partnership, employment, or agency relationship exists between you, Liftune, or any third-party provider as a result of these Terms or use of the Services.

16.6 Notice

Liftune may give notice by means of a general notice on the Services, electronic mail to your email address in your account, or by written communication. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Liftune, with such notice deemed given when received by Liftune, by email to: legal@liftune.com

16.7 Personal Use Only

The Services are supplied for domestic and private use only. You agree not to use the App and Services for any commercial, business, or resale purposes which are not first authorized by Liftune.

16.8 Force Majeure

Liftune shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause that is beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, internet or telecommunications failures, cyberattacks, or any other event outside our reasonable control (each a "Force Majeure Event"). In the event of a Force Majeure Event, our obligations under these Terms will be suspended for the duration of the Force Majeure Event.

16.9 Survival

The following sections shall survive any termination or expiration of these Terms: Section 8 (Health and Fitness Disclaimer), Section 9 (Intellectual Property), Section 12 (Disclaimer of Warranties), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15 (Dispute Resolution), and Section 16 (General Provisions), as well as any other provisions that by their nature should survive termination.

16.10 Language

These Terms are drafted in English. If these Terms are translated into any other language and there is a discrepancy between the English text and the translated text, the English text shall prevail to the extent permitted by applicable law.

16.11 Headings

The headings and section titles in these Terms are for convenience only and shall not affect their interpretation.

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights information:

• Pricing Information: Current rates for using the Services may be found in the App. Liftune reserves the right to change fees, surcharges, or subscription fees at any time upon prior notice, as provided for in these Terms.
• Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

BY DOWNLOADING, INSTALLING, OR USING THE LIFTUNE APP OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES.

You specifically acknowledge and agree that:

• You have read and understood the Health and Fitness Disclaimer in Section 8
• You understand that Liftune does not provide medical advice and that you should consult a healthcare professional before beginning any exercise program
• You voluntarily assume all risks associated with using the Services and participating in physical activities
• You have read and understood the Limitation of Liability provisions in Section 13
• You have read and understood the Dispute Resolution provisions in Section 15, including the arbitration clause and class action waiver
• You are at least 18 years of age and have the legal capacity to enter into this agreement

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

• Legal Inquiries: legal@liftune.com
• General Support: support@liftune.com
• Support Page: liftune.com/support