Terms of Service

To access certain features of the Site, including tracking your workouts and viewing purchased plans, you may need to create an account. When you register, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials and not share your account with others.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

You must be at least 13 years of age to create an account or use the Site. If you are under 18, you represent that you have your parent or guardian's permission to use the Site and that they have read and agree to these Terms on your behalf.

his+hers offers digital workout plans available for purchase through the Site. The following terms apply to all purchases:

Pricing & Payment Methods

• Individual workout plans are available for a one-time purchase price of $10 per plan.
• An all-access subscription providing access to all 10 workout plans is available for $15 per month.
• All prices are listed in US dollars and are subject to change. We will provide notice of price changes before they take effect.
• All payments are processed securely through Stripe, a third-party payment processor. We do not store your credit card information on our servers. Your use of Stripe is subject to Stripe's Terms of Service.

Refund Policy

Because our workout plans are digital goods that are delivered immediately upon purchase, all sales are final. We do not offer refunds or exchanges once a plan has been purchased and access has been granted. If you experience a technical issue that prevents you from accessing a purchased plan, please contact us at support@hisandhersfitness.app and we will work to resolve the issue promptly.

If you purchase an all-access subscription, the following terms apply:

Billing Cycle

• Subscriptions are billed on a monthly recurring basis. Your payment method will be charged automatically each month on the anniversary of your initial purchase date.
• You authorize us (via Stripe) to charge your payment method for the recurring subscription fee until you cancel.

Cancellation

• You may cancel your subscription at any time through your account dashboard or by contacting us at support@hisandhersfitness.app.
• Upon cancellation, you will retain access to all plans for the remainder of your current billing period. No partial refunds will be issued for unused time within a billing cycle.
• We reserve the right to cancel or suspend your subscription if payment fails or if you violate these Terms.

The Site may allow you to upload, submit, or store content such as progress photos, workout notes, and other personal data ("User Content"). By submitting User Content, you agree to the following:

• You retain ownership of your User Content. However, by uploading User Content to the Site, you grant his+hers a non-exclusive, worldwide, royalty-free license to use, store, and display your User Content solely for the purpose of providing and improving our services.
• You are solely responsible for the User Content you upload. You represent that you own or have the necessary rights to your User Content and that it does not violate any third-party rights.
• Progress photos and personal data are stored securely and are only visible to you unless you choose to share them. We will not sell or distribute your User Content to third parties.
• We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

All content on the Site, including but not limited to workout plans, exercise descriptions, programming, images, graphics, logos, text, and software (collectively, "Content"), is the property of his+hers or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

• You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content from the Site without our prior written consent.
• Purchased workout plans are licensed to you for personal, non-commercial use only. You may not share, resell, redistribute, or make available any purchased plan to any third party.
• The his+hers name, logo, and all related marks are trademarks of his+hers. You may not use them without our prior written permission.

You agree not to use the Site in any way that:

• Violates any applicable federal, state, local, or international law or regulation.
• Infringes upon the rights of others, including intellectual property rights.
• Involves the unauthorized sharing, redistribution, or resale of purchased workout plans or any other Content.
• Attempts to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Site.
• Uploads or transmits viruses, malware, or any other harmful code.
• Uses automated means (bots, scrapers, etc.) to access or collect data from the Site without our express written consent.
• Impersonates or attempts to impersonate another user, person, or entity.
• Engages in any conduct that restricts or inhibits anyone's use or enjoyment of the Site.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HIS+HERS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL 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:

• Your access to, use of, or inability to access or use the Site or any Content.
• Any conduct or content of any third party on the Site.
• Any injury, illness, death, or physical harm resulting from your use of any workout plan, exercise, or fitness information provided on the Site.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any errors, mistakes, or inaccuracies in Content.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

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

We may terminate or suspend your account and access to the Site immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

• Upon termination, your right to use the Site will immediately cease.
• If your account is terminated for a violation of these Terms, you will not be entitled to a refund for any purchases made.
• You may request deletion of your account and associated data at any time by contacting us at support@hisandhersfitness.app.
• All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that either party may seek injunctive relief in any court of competent jurisdiction.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, class arbitration, or other representative proceeding.

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, such as by posting a notice on the Site or sending an email to the address associated with your account.

The "Last updated" date at the top of these Terms indicates when they were last revised. Your continued use of the Site after the effective date of any changes constitutes your acceptance of the revised Terms.

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