Draft — final text pending

Workout Gears Terms of Service

Effective date: [DATE OF FIRST RELEASE]

These Terms are an agreement between you and Rebel Phoenix Games LLC, an Arizona limited liability company ("we", "us"), for the Workout Gears app (the "App") and workoutgears.com (the "Site"). By installing or using the App you agree to these Terms, the Privacy Policy and the Health and Safety Disclaimer. If you do not agree, do not use the App.

PLEASE READ SECTIONS 7 TO 10 CAREFULLY. THEY INCLUDE AN ASSUMPTION OF RISK, A RELEASE, LIMITS ON OUR LIABILITY, AND AN AGREEMENT TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION WITH A CLASS-ACTION WAIVER.

1. Eligibility

You must be at least 18 years old, or use the App with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf. The App is not directed to children under 13.

2. The App

Workout Gears is a voice-led training app: you choose a discipline ("gear") and settings, and the App's coach calls out exercises, combinations and rounds. Content includes descriptions and illustrations of fitness exercises, yoga poses and martial-arts techniques. Features and content may change, and some require an internet connection.

3. Your license

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your own non-commercial training. You may not copy, modify, distribute, sell or lease the App or its content; reverse engineer it or its servers except where the law allows despite this restriction; bypass any technical protection or subscription check; scrape or extract content or workout data at scale; or use the App to build a competing product. If you got the App from Apple's App Store, the Apple terms in section 14 also apply.

4. Subscriptions

Some content requires a paid subscription ("Workout Gears Pro"). Boxing and the Interval Timer are free; training every other gear and the Engine needs Workout Gears Pro (all gears can be browsed without it). Prices, billing periods and any free trial are shown in the App and in the app store before you buy.
Subscriptions renew automatically at the end of each period at the then-current price unless you cancel at least 24 hours before the period ends. Your app-store account is charged within 24 hours before renewal.
If a free trial is offered, you will be charged when it ends unless you cancel before then; any unused part of a trial is forfeited when you buy a subscription.
Cancel at any time in your app-store account settings (Apple ID → Subscriptions, or Google Play → Subscriptions). Deleting the App does not cancel a subscription.
Purchases are processed by Apple or Google. Refunds are handled by them under their policies; we cannot issue refunds for app-store purchases ourselves.
We may change prices with notice as required by the app store and by law; a change applies from your next renewal.

5. Your data

The App keeps your workout history and settings on your device; see the Privacy Policy. You are responsible for your device. Data on your device is lost if you uninstall the App, erase your data, or change devices, and we cannot recover it.

6. Acceptable use

Use the App lawfully and only for your own training. Do not interfere with the service, attempt unauthorized access, or use it in a way that could harm others.

7. Health and safety; no medical advice

The App provides general fitness and martial-arts training content for information only. It is not medical advice and does not replace a physician, physical therapist or qualified instructor. Consult a physician before starting this or any exercise program, especially if you are pregnant, have a medical condition, or have an injury. The App cannot see you, does not monitor your body, and does not correct your technique. Stop immediately and seek medical help if you feel pain, dizziness, faintness, chest discomfort or shortness of breath. Train in a safe, clear space suited to the movements, within your own limits. Martial-arts techniques are shown for solo practice in the air; the App does not teach sparring or contact and does not promise that any technique will be effective for self-defense. Read and follow the Health and Safety Disclaimer.

8. Assumption of risk and release

Exercise and martial-arts training involve inherent risks, including the risk of injury, disability or death. You choose whether, how and how hard to train, and you voluntarily assume all risks of training with the App. To the fullest extent permitted by law, you release Rebel Phoenix Games LLC and its members, managers, employees, contractors and licensors from all claims arising out of or relating to your use of the App, including claims based on their negligence, except to the extent such a release is not permitted by law (for example for gross negligence or willful misconduct where the law does not allow it to be released).

9. Disclaimer of warranties; limitation of liability

The App and content are provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the App will be uninterrupted or error-free or that content is complete or correct.

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost data, profits or goodwill, and our total liability for all claims relating to the App will not exceed the greater of (a) the amount you paid for the App in the 12 months before the claim, or (b) US$50. Some jurisdictions do not allow some of these limitations; in those jurisdictions they apply to the extent allowed.

You agree to indemnify us against claims by third parties arising from your misuse of the App or breach of these Terms.

10. Disputes: arbitration and class-action waiver

Informal resolution first. Before filing a claim, contact us at support@workoutgears.com and try to resolve it informally for 60 days.

Arbitration. Except for claims that qualify for small-claims court and claims to protect intellectual property, any dispute arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration may be conducted by video or in Maricopa County, Arizona, or another location agreed. We will pay the filing and arbitrator fees required by those rules for consumer claims.

Class-action waiver. You and we may bring claims only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may not consolidate claims.

Opt-out. You may opt out of this arbitration agreement by emailing support@workoutgears.com, or writing to the address in section 16, within 30 days of first accepting these Terms, stating your account identifier and that you opt out.

If this section is found unenforceable as to a claim, that claim will be heard only in the state or federal courts located in Maricopa County, Arizona, and you and we consent to their jurisdiction.

11. Governing law

These Terms are governed by the laws of the State of Arizona and applicable US federal law, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs section 10. If you live in the EU, UK or another place whose consumer-protection laws cannot be waived by contract, those protections still apply to you.

12. Intellectual property

The App, its software, content, illustrations, coach audio, and the Workout Gears name and logo are owned by Rebel Phoenix Games LLC or its licensors and protected by law. "WorkoutGears" is a trademark of Rebel Phoenix Games LLC. Discipline names (such as Muay Thai or Yoga) are used descriptively and do not imply endorsement by any organization. Third-party components are listed in the Third-Party Notices.

13. Changes, suspension and termination

We may change or discontinue features or content. We may update these Terms; material changes will be notified in the App, and continuing to use the App after they take effect means you accept them. You may stop using the App at any time. We may suspend access if you breach these Terms. Sections 3 (restrictions), 7–12 and 15 survive.

14. Apple App Store additional terms

If you downloaded the App from Apple's App Store: these Terms are between you and us, not Apple; Apple is not responsible for the App or its content, has no obligation to provide maintenance or support, and, if the App fails to conform to any warranty, you may notify Apple for a refund of the purchase price (if any), and Apple has no other warranty obligation; Apple is not responsible for any claims relating to the App (including product liability, legal or regulatory compliance, or consumer-protection claims) or for third-party intellectual-property claims; you represent that you are not in a US-embargoed country or on a US prohibited-party list; Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. General

These Terms, the Privacy Policy and the Health and Safety Disclaimer are the entire agreement on this subject. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in a reorganization or sale of the business.

16. Contact

Rebel Phoenix Games LLC, 4602 E Oberlin Way, Cave Creek, AZ 85331, USA, support@workoutgears.com.

Third-Party Notices

Shipped in the App

Barlow (typeface) — Copyright 2017 The Barlow Project Authors (https://github.com/jpt/barlow). Licensed under the SIL Open Font License, Version 1.1. The full license text is included with the App and at https://openfontlicense.org. The font is not sold on its own.

Unity engine — Made with Unity. Unity is a trademark or registered trademark of Unity Technologies or its affiliates in the U.S. and elsewhere. The App's runtime includes Unity packages (Universal Render Pipeline, Input System, uGUI and others) under the Unity Companion License / Unity Terms of Service. Notices for third-party components inside the Unity runtime are available on request.

Server (not distributed, listed for completeness)

Content creation (not distributed)

Coach voices: female voice generated with Amazon Polly (generative voice "Ruth") under the AWS Service Terms, which permit use of Polly output in an app; male voice generated with Kokoro-82M (model weights Apache License 2.0) via kokoro-onnx (MIT), onnxruntime (MIT) and espeak-ng (GPL-3.0; used only as a build tool on the owner's computer — it is not shipped, and the audio files it helps produce are not covered by the GPL).
Illustrations: generated with OpenArt (image models listed in the project's art records) and edited by Rebel Phoenix Games LLC, used under OpenArt's terms for paid plans, which grant commercial use of generations.

Trademarks

Workout Gears and the gear logo are trademarks of Rebel Phoenix Games LLC. Android and Google Play are trademarks of Google LLC. Apple and App Store are trademarks of Apple Inc. Names of martial arts and fitness disciplines are used descriptively only.