Terms of Service

These Terms of Service ("Terms") govern your access to and use of APX Gym (the "App"), operated by CLAD Ventures LLC, an Indiana limited liability company ("we," "our," or "us"). By downloading, installing, or using the App, you agree to these Terms in their entirety. If you do not agree, do not download, install, or use the App.

1. Eligibility

You must be at least 16 years of age to use the App. By using the App, you represent and warrant that you are at least 16 years old. If you are 16 or 17 years of age, you represent and warrant that your parent or legal guardian has read and reviewed these Terms in their entirety, including the Fitness Disclaimer and Assumption of Risk in Section 3, and has expressly consented to these Terms — including the release, waiver, and covenant not to sue — on your behalf. The parent or legal guardian accepting these Terms on behalf of a minor accepts full responsibility for the minor’s use of the App and agrees to be bound by these Terms with respect to such use. If you are under 16, you may not use the App.

2. Account Registration and Guest Use

You may use the App as a guest without creating an account. Guest data is stored locally on your device and is not synced to our servers. If you create an account, you agree to provide accurate, current, and complete information and to keep your credentials secure. You are responsible for all activity that occurs under your account.

If you sign in after using the App as a guest, your local guest data may be migrated to your account. You are responsible for reviewing migrated data for accuracy. We are not liable for any data migration errors or data loss during the migration process.

You may delete your account at any time from within the App. Deletion is governed by our Privacy Policy.

3. Fitness Disclaimer and Assumption of Risk

APX Gym is a general-purpose fitness tracking and workout-logging tool. It is not a medical application and is not a substitute for professional medical advice, diagnosis, treatment, rehabilitation, or clinical guidance of any kind. Nothing in the App constitutes or should be construed as medical advice, physical therapy, or personalized professional training advice.

The workout suggestions, progression recommendations, premade workout plans, estimated one-rep max (e1RM) calculations, training load metrics, muscle balance data, strength progression charts, and all other outputs generated by the App are produced by automated, rules-based algorithms. They are provided for general informational purposes only. They are not tailored to your individual health status, medical history, physical condition, or fitness level. They may be inaccurate, incomplete, or unsuitable for your circumstances. You rely on them entirely at your own risk.

Use of the App does not create any professional relationship between you and us, including but not limited to a trainer-client relationship, physician-patient relationship, therapist-client relationship, or any other professional or fiduciary relationship.

The App makes no representation or warranty that use of the App will improve your fitness, health, strength, body composition, athletic performance, or any other health-related outcome.

Physical exercise, including strength training, carries inherent risk of serious injury, disability, or death, including but not limited to muscle strains, tendon and ligament injuries, joint damage, spinal injuries, cardiovascular events, and orthopedic injuries. By using the App, you expressly acknowledge and agree that:

• You understand and accept all risks inherent in physical exercise and strength training.
• You will exercise within your own physical limits and use proper technique and safe loads at all times.
• You will consult a qualified, licensed physician or healthcare provider before beginning any new exercise program, and particularly before following any suggestion, plan, or recommendation provided by the App, especially if you have any medical condition, injury, disability, chronic illness, or health concern.
• You are solely responsible for all decisions you make regarding your training, health, and physical activity.
• You will not hold us responsible for any injury, illness, disability, death, property damage, or other harm arising from your use of the App or your participation in any exercise program.

To the fullest extent permitted by applicable law, you hereby release, waive, and covenant not to sue CLAD Ventures LLC, its members, managers, officers, employees, agents, successors, and assigns from any and all claims, demands, liabilities, damages, losses, and expenses of any kind arising out of or related to your use of the App or your participation in any physical exercise or training activity.

4. Premium Subscription

4.1 Free and Premium Tiers

The App offers a free basic tier and a paid premium tier. The basic tier is limited to three (3) total saved workouts and workout plans, and does not include access to insights charts, exercise progress charts, premade workout plans, or Apple Watch workout sync. The premium tier unlocks unlimited saved workouts and plans, insights charts, exercise progress charts, premade workout plans, and Apple Watch workout sync.

4.2 Subscription Terms

Premium is available as an auto-renewing subscription billed monthly or annually. Current pricing is $3.99 per month and $29.99 per year. All prices are in U.S. dollars. Your subscription will automatically renew at the end of the selected billing period unless you cancel at least 24 hours before the end of the current period. Payment is charged to your Apple ID at confirmation of purchase and at the start of each renewal period.

4.3 Billing Errors

Subscription billing is processed entirely by Apple through the App Store and StoreKit. We do not have access to your payment information. Any billing errors, disputes, or refund requests related to subscription charges must be directed to Apple. Our liability for any billing error is limited to the amount actually charged to you for the affected billing period.

4.4 Cancellation

You may cancel your subscription at any time through your Apple ID account settings or the App Store. Cancellation takes effect at the end of the current billing period; you retain premium access until then. We do not issue refunds for partial billing periods except as required by applicable law or Apple’s refund policies.

4.5 Restore Purchases

You may restore your subscription on a new or reinstalled device through the App’s restore purchases function, provided you are signed in with the same Apple ID used for the original purchase.

4.6 Price Changes

We reserve the right to change subscription prices at any time. Price changes will be communicated in advance. Continued use of the premium tier after a price change takes effect constitutes your acceptance of the new pricing.

4.7 Modification and Discontinuation of Features

We reserve the right to modify, suspend, limit, or discontinue any feature of the App, including premium features, at any time with or without notice, for any reason, and without liability to you. If we discontinue the App entirely, we will provide reasonable advance notice where feasible. No refunds will be issued for remaining subscription periods unless required by applicable law or Apple’s policies.

5. User Content

You retain ownership of workout templates, custom exercises, notes, and other content you create in the App ("User Content"). By using the App, you grant us a limited, non-exclusive, royalty-free license to store, process, and display your User Content solely to provide App features to you. You are responsible for your User Content and agree not to input content that is unlawful, harmful, or that infringes any third-party rights.

6. No Data Export; No Reliance as Permanent Record

The App does not currently offer a data export feature. We strongly recommend that you do not rely on the App as your sole or permanent record of your workout history, body metrics, or personal data. We are not liable for any loss of User Content or workout data resulting from account deletion, app removal, device loss, sync failures, server errors, or any other cause.

7. Intellectual Property

The App and all of its content, design, code, exercise catalog, premade plans, and related materials (excluding your User Content) are owned by CLAD Ventures LLC or its licensors and protected by applicable intellectual property laws. You are granted a limited, personal, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes only. You may not copy, modify, distribute, sell, sublicense, reverse-engineer, or create derivative works from any part of the App.

8. Third-Party Services

The App integrates with Clerk, Supabase, Apple HealthKit, Apple StoreKit, and Apple Watch. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, security, or practices of any third-party service. Unavailability or malfunction of any third-party service does not entitle you to a refund or create any liability on our part.

9. Apple Health Integration

HealthKit integration is entirely optional and can be disabled at any time in your device’s Health app settings. We do not use HealthKit data for advertising. We are not responsible for any inaccuracies in data read from or written to Apple Health, or for any consequences arising from HealthKit data sync errors.

10. Device and OS Compatibility

The App is designed for use on supported Apple devices and iOS versions. We make no warranty that the App will function on any particular device, iOS version, watchOS version, or hardware configuration. We are not liable for any failure of the App to perform on unsupported or incompatible devices or operating system versions.

11. Force Majeure

We will not be liable for any failure or delay in performance of our obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government action, internet or network outages, power failures, third-party infrastructure failures (including Supabase, Clerk, Apple, or AWS), or any other force majeure event.

12. Disclaimers of Warranties

The App is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. We do not warrant that: (A) the App will be uninterrupted, error-free, secure, or free of viruses or harmful components; (B) any data stored in or synced by the App will be accurate, complete, or free from loss or corruption; (C) any defects will be corrected; or (D) the App will meet your requirements or expectations. You use the App entirely at your own risk.

Workout suggestions, premade plans, progression recommendations, estimated 1RM calculations, and all other automated outputs are provided for general informational purposes only. They are not guarantees of results and should not be relied upon as professional fitness, medical, or clinical guidance.

13. Limitation of Liability

To the fullest extent permitted by applicable law, CLAD Ventures LLC, its members, managers, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to: personal injury; bodily harm; death; loss of data; loss of workout history; sync failures; data corruption; loss of revenue; loss of profits; loss of goodwill; or cost of substitute services, arising out of or in connection with: (A) your use of or inability to use the App; (B) any workout, exercise program, or physical activity you undertake in connection with the App; (C) any third-party service failure; (D) account termination; or (E) any other matter relating to the App, even if we have been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability is limited to the maximum extent permitted by law. In no event shall our total cumulative liability to you for all claims arising out of or relating to these Terms or the App exceed the greater of: (A) the total amounts you actually paid to us in the twelve (12) months immediately preceding the event giving rise to the claim; or (B) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

14. Dispute Resolution; Mandatory Arbitration; Class Action Waiver

14.1 Informal Resolution First

Before initiating any arbitration or legal proceeding, you agree to give us the opportunity to resolve the dispute informally. You must send a written notice of your dispute to info@clad-ventures.com describing the nature and basis of your claim and the relief you are seeking ("Dispute Notice"). We will have thirty (30) days from receipt of your Dispute Notice to attempt to resolve the dispute. If the dispute is not resolved within that 30-day period, either party may proceed to arbitration as described below. This notice-and-cure period is a prerequisite to any arbitration or legal proceeding, and failure to provide it will result in dismissal of any subsequently filed arbitration or legal claim.

14.2 Binding Arbitration

Except as set forth in Section 14.4 (Small Claims) and 14.5 (Injunctive Relief), you and CLAD Ventures LLC agree that any dispute, controversy, or claim arising out of or relating to these Terms, the App, your use of the App, your subscription, or any alleged breach, termination, enforcement, interpretation, or validity of these Terms (collectively, "Dispute") shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by these Terms. The arbitration shall be conducted in Indiana, or, at your election if you are a consumer, in the county where you reside, or by telephone or videoconference. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

For claims where the amount in dispute is $5,000 USD or less, we will pay all AAA filing, administration, and arbitrator fees. For claims exceeding $5,000, the AAA Consumer Arbitration Rules govern fee allocation. The arbitrator may award any relief that a court of competent jurisdiction could award, including declaratory or injunctive relief, but only on an individual basis and only to the extent necessary to provide relief warranted by your individual claim. Notwithstanding the foregoing, if the arbitrator determines that any claim brought by you was frivolous, brought in bad faith, or lacked a reasonable basis in law or fact, you agree to reimburse us for all AAA filing, administration, and arbitrator fees we paid on your behalf, plus any reasonable attorneys’ fees and costs we incurred in defending that claim. In any arbitration in which we are the prevailing party on the merits, the arbitrator shall award us our reasonable attorneys’ fees and all arbitration costs, regardless of the amount in dispute.

The arbitrator's decision will be final and binding on both parties, subject only to limited judicial review as permitted by the Federal Arbitration Act (FAA). The FAA governs the interpretation and enforcement of this arbitration agreement.

14.3 Class Action Waiver

You and CLAD Ventures LLC each agree that any dispute resolution proceedings, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, mass, or representative action. You waive any right to participate as a plaintiff or class member in any purported class action, class arbitration, collective action, private attorney general action, or other representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding. If this class action waiver is found unenforceable as to any claim or request for relief, then that claim or request for relief shall be severed from the arbitration and decided by a court, while all other claims subject to this clause shall remain in arbitration.

14.4 Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdiction, provided the action remains in small claims court and is not removed or appealed to a court of general jurisdiction.

14.5 Injunctive Relief Exception

Either party may seek emergency or interim injunctive or other equitable relief from a court of competent jurisdiction in Indiana to prevent irreparable harm pending resolution of a Dispute by arbitration. Seeking such relief does not waive the right to arbitration.

14.6 Jury Trial Waiver

To the fullest extent permitted by applicable law, you and CLAD Ventures LLC each hereby irrevocably waive any right to a trial by jury in any action, proceeding, or claim arising out of or relating to these Terms or the App.

14.7 Opt-Out Right

You have the right to opt out of the arbitration agreement in this Section 14 by sending written notice of your decision to opt out to info@clad-ventures.com within thirty (30) days of the date you first agree to these Terms. Your opt-out notice must include your name, your Apple ID email address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor CLAD Ventures LLC can require the other to participate in arbitration. All other provisions of these Terms will continue to apply. Opting out will not affect any other rights or obligations under these Terms.

14.8 Governing Law

Except as otherwise provided in this Section 14 with respect to the FAA, these Terms and any Dispute are governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions. To the extent any Dispute is not subject to arbitration, you consent to exclusive personal jurisdiction and venue in the state or federal courts located in Indiana.

15. Indemnification

You agree to indemnify, defend, and hold harmless CLAD Ventures LLC and its members, managers, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or inability to use the App; (b) your User Content; (c) any physical exercise, workout, or training activity you undertake in connection with the App; (d) your violation of these Terms; (e) your violation of any applicable law or regulation; or (f) your violation of any third-party right.

16. Notice and Cure

Before bringing any legal claim against CLAD Ventures LLC, you agree to provide written notice to info@clad-ventures.com identifying the specific issue and the relief you are seeking, and to allow us thirty (30) days to cure the alleged breach or resolve the issue. This notice-and-cure requirement is a condition precedent to any legal action and applies to all claims except requests for emergency injunctive relief.

17. Termination

We may suspend or terminate your access to the App at any time, for any reason or no reason, with or without notice, and without liability to you, except that we will provide reasonable advance notice where practicable. You may stop using the App at any time. Upon termination: (a) your license to use the App ends immediately; (b) you remain bound by all provisions of these Terms that by their nature survive termination, including without limitation Sections 3, 5, 6, 7, 12, 13, 14, 15, and 16.

Termination of your account does not entitle you to any refund of prepaid subscription fees for the remaining billing period, except as required by applicable law or Apple’s refund policies.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the effective date above and, where appropriate, through an in-app notice. Your continued use of the App after updated Terms are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App.

19. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements, understandings, and representations. If any provision of these Terms is found unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. You may not assign your rights under these Terms without our prior written consent. We may assign our rights freely. No third party is a beneficiary of these Terms. Headings are for convenience only and do not affect interpretation.

20. Contact

For questions, notices, or complaints regarding these Terms:

CLAD Ventures LLC

Email: info@clad-ventures.com

Support: APX Gym Support