Welcome to Surpass Your Limit (“Fitness Application”). By accessing and using this Fitness Application, you agree to comply with and be bound by the following terms and conditions (“Terms”). Please read these Terms carefully. If you do not agree with any part of these Terms, you must not use this Fitness Application.

1. Acceptance of Terms This Acceptance of Terms Agreement (“Agreement”) governs the relationship between Surpass Your Limit App, the provider of fitness competition services (“Company”), and you, the individual accessing or using Company’s services (“Client”) including but not limited to providing programming for the furtherance of a virtual skills based fitness competition (“Services”).

By accessing or using any of Company’s Services, Client acknowledges that they have read, understand, and agree to be legally bound by this Agreement as it may be updated by Surpass Your Limit  app from time to time. Continued use of any Services following any such changes constitutes Client’s acceptance of the updated Agreement. 

If Client does not agree to the terms of this Agreement, they must immediately cease accessing the application and/or using the Services. 

This Agreement is intended to clearly define the relationship between Surpass Your Limit App and Client regarding access and use of the Services. It aims to be concise, unambiguous, comprehensive, and enforceable.

2. Definitions “Services” refers to any virtual workouts, programs, training, or other offerings provided by Surpass Your Limit App to the Client in the furtherance and completion of a virtual skills based fitness competition.. This includes, but is not limited to, live-streamed workouts, pre-recorded sessions, suggested training plans, competition workouts, and any other content or resources made available through Surpass Your Limit App’s platform.

“Client” refers to you and any individual who accesses or uses the Services, whether they do so as a registered user, a guest, or in any other capacity.

“Company” refers to Surpass Your Limit Appthat provides the Services, including their employees, agents, and any third parties they engage to provide the Services.

3.Modification of Terms Company reserves the right to update or change these Terms at any time without prior notice. Client’s continued use of the Fitness Application after any modifications indicates Client’s acceptance of the new Terms. Company encourages Client to review these Terms periodically.

4. Company Rights and Limitations The Company reserves the right to modify, suspend, discontinue, or restrict access to the Services at any time, for any reason, and without notice. The Company does not guarantee the availability of specific Services or programs and is not liable for any changes to or discontinuation of the Services.

5. Use of the Fitness Application Client agrees to use the Fitness Application only for lawful purposes and in accordance with these Terms. Client agrees not to:

Use the Fitness Application in any way that violates any applicable federal, state, local, or international law or regulation.

Engage in any activity that could harm or interfere with the operation of the Fitness Application or the experience of other Client.

Post or transmit any material that is harmful, offensive, or otherwise objectionable.

6.  Intellectual Property All content on this Fitness Application, including but not limited to text, graphics, logos, images, and software, is the property of Company or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. Client may not reproduce, distribute, modify, or create derivative works of any content without our prior written consent.

7. Permitted Uses of Services The Services are provided exclusively for the Client’s personal, non-commercial use. The Client is strictly prohibited from reselling, sharing access to, or otherwise distributing the Services. This includes, but is not limited to, copying, modifying, or redistributing any content from the Services, whether for profit or not.

8. Client Obligations and Restrictions The Client agrees to use the Services responsibly and in accordance with all applicable laws and regulations. This includes not using the Services for any unlawful, harmful, dangerous, or inappropriate purposes. The Client also agrees to comply with all instructions and policies provided by the Company regarding the use of the Services.

9. Fitness Application User Accounts To access certain features of the Fitness Application, Client may be required to create an account, either for free or for a fee. Client agrees to provide accurate, current, and complete information during the registration process and to update such information as needed. Client is solely responsible for maintaining the confidentiality of Client’s account information and for all activities that occur under Client’s account.

10. Services Account Registration To access certain features of the Services, the Client may be required to create an account, either free or for a fee. The Client agrees to provide current, complete, and accurate information during the registration process and to update such information to keep it accurate and complete. The Client is solely responsible for maintaining the confidentiality of their account information and for all activities that occur under Client’s account.

11. Privacy Policy The Company’s Privacy Policy, which explains how Company collects, uses, and protects Client’s personal information, is incorporated into these Terms by reference. By using this Fitness Application, Client consent to Company’s collection and use of Client’s personal information as described in our Privacy Policy. [Link to Privacy Policy]

12. Payment Terms All fees for our services are as stated on the Fitness Application. Payments are due at the time of purchase or as otherwise specified. Company reserves the right to change fees at any time. 

13.  Payment and Cancellation Payment for the Services is due in advance of receiving access. The Client’s subscription will automatically bill on a recurring basis on a monthly basis on the anniversary of Client’s acceptance of these terms, unless canceled by the Client. The Client may cancel their subscription at any time through this Fitness Application but will not receive a refund for any unused portion of their subscription.  

14. Termination Company reserves the right to terminate or suspend Client’s access to the Fitness Application, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Fitness Application will immediately cease.

15. Limitation of Liability To the maximum extent permitted by law, Company and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from (i) your use or inability to use the Fitness Application; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Fitness Application; (iv) any bugs, viruses, or the like that may be transmitted to or through our Fitness Application by any third party; and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Fitness Application.

In no event will the Company be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the Client’s use of the Services.

16. Waiver of Liability for Injury The Client acknowledges and agrees that participation in the Company’s Services involves inherent risks of physical injury. The Client understands that the Services may require physical exertion, and that there is risk of injuries including but not limited to strains, sprains, tears, broken bones, shin splints, heat stroke, heart attack, and even death. 

The Client voluntarily accepts these risks and assumes full responsibility for these risks and for any injuries or damages which may occur during or arising out of participation in the Services, whether or not they are foreseeable, and whether or not they are caused by the negligence of the Company. The Client agrees not to hold the Company liable for any such injuries or damages, and expressly waives any and all claims against the Company resulting from injury or damage sustained during or arising out of participation in the Services.

The Client further agrees to indemnify, defend, and hold harmless the Company for any claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from the Client’s participation in the Services, regardless of whether such claims are based on the negligence of the Company or any other parties.

This waiver of liability shall be binding on the Client as well as the Client’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on the Client’s behalf.

The Client has read this waiver of liability and indemnification agreement and fully understands its terms. The Client understands that by signing this agreement, the Client is giving up substantial rights. The Client acknowledges that the Client is agreeing freely and voluntarily, and intends their participation to be a complete and unconditional release of all liability to the greatest extent allowed by law. 

17. Indemnification Client agrees to indemnify, defend, and hold harmless Company and its affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Client’s violation of these Terms or Client’s use of the Fitness Application or the Services.

18.  Advertising Terms for Free Account Clients As part of any free account model, Client agrees to the following terms regarding advertising services:

Client with a free account will experience an ad-supported version of the Fitness Application. Ads are displayed to generate revenue for maintaining the service, enabling us to offer a free-tier option.  Ads will appear in the Fitness Application up to [X] times per 24-hour period. The specific frequency may vary based on user activity and service updates.  Advertisements are served by third-party providers, primarily through Google’s advertising services (such as Google AdMob). These ads are selected and served by Google according to its own algorithms and may be based on general or anonymous data about user interactions.  The selection and display of ads are managed by Google. The Fitness Application does not control the specific ads that are shown but retains the right to limit ad categories for compliance and quality purposes.  By using the free account, Client consents to the collection and use of data necessary for providing targeted ads. Data collected may include information such as device type, general location (e.g., city level), and Fitness Application activity, depending on Google’s ad settings and data collection practices.  For more information on Google’s data policies and practices, please review Google’s Privacy Policy.  Client who prefer an ad-free experience may opt to subscribe to the paid service tier, which offers enhanced features without any advertising.  Client has the option to adjust their privacy and ad preferences via the Fitness Application settings or Google’s ad settings, as Fitness applicable.  Surpass Your Limit App reserves the right to modify the frequency and type of ads shown within the limits specified here to enhance user experience, ensure compliance with third-party ad policies, and meet legal requirements.  By using the Fitness Application’s free service, Client acknowledges and agrees to the terms and conditions for ad-supported usage, including the possibility of personalized ads based on non-personal data.

19. Disclaimers The content on this Fitness Application is provided for general information purposes only and does not constitute professional advice. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance Client places on such information is strictly at Client’s own risk.

The Company makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of the Services, or the results that may be obtained from using the Services. The Client agrees that the use of the Services is at their own risk.

20. Governing Law These Terms are governed by and construed in accordance with the laws of the state of Oregon, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms will be brought exclusively in the federal or state courts located in Multnomah County, Oregon.

21. Severability If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect.

22. Assignment The Company may assign this Agreement, in whole or in part, at any time without notice to the Client. The Client may not assign this Agreement or any rights or obligations under this Agreement without the Company’s prior written consent. 

23. Contact Information If Client has any questions or concerns about these Terms or the Fitness Application, please contact us at: 

SURPASS YOUR LIMIT, LLC

Surpass Your Limit App

0to60under3seconds@gmail.com