Workout X-RayTerms of Service
Please read these terms. Section 14 includes an agreement to resolve disputes by individual arbitration, and a waiver of class actions and jury trials.
1. This agreement
These Terms are an agreement between you and Workout X-Ray LLC ("Workout X-Ray", "we", "us") for your use of the Workout X-Ray app and website (the "Service"). By ticking the box that says you agree, or by using the Service, you accept these Terms. If you don't agree, don't use the Service.
2. Who can use Workout X-Ray
- You must be 18 or older.
- You must be able to answer "none of these apply" truthfully to our pre-training check. If any item applies to you, don't use the Service.
- You must give accurate information about yourself and your training.
3. What the Service does, and doesn't do
Workout X-Ray analyses the workout you give it and suggests exercises, sets, rep targets and how close to failure to train. You choose every weight you lift.
- It provides general fitness information, not medical advice. It doesn't diagnose, treat or prevent any condition.
- Using it doesn't create a coach, trainer, or healthcare relationship between you and us.
- Results depend on you. We don't promise any particular result, including any change in size, shape, strength or appearance.
4. Your health and safety
- Speak to a doctor before starting any new exercise program, especially if you haven't trained recently.
- Warm up before you train.
- Choose weights you can lift with good form. Use a spotter or safety equipment where appropriate.
- Stop immediately if you feel pain, dizziness, faintness, chest pain or unusual shortness of breath, and seek medical help if needed.
- You're responsible for your training environment and equipment, and for checking they are safe.
5. Assumption of risk
STRENGTH TRAINING CARRIES A RISK OF INJURY, INCLUDING SERIOUS INJURY. You train without in-person supervision, and you decide what to lift and when to stop. To the fullest extent the law allows, you voluntarily accept all risks of your training, whether known or unknown.
6. The free beta, and paid plans
The free beta. While the Service is a free beta, we don't charge for it and we won't ask for payment details. Beta software changes: features may be added, changed, removed or unavailable, and things may break. Nothing in the beta turns into a paid subscription automatically.
Who sells paid plans. When we offer paid plans, our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders: it takes your payment, handles sales tax, and handles billing questions and refunds. Your purchase is also covered by Paddle's buyer terms.
Price and renewal. Before you buy, the checkout shows the price, the billing period (for example monthly or yearly), and any free trial. Subscriptions renew automatically at the end of each billing period, and you'll be charged the renewal price through Paddle, until you cancel.
Free trials. If your plan starts with a free trial, you won't be charged if you cancel before the trial ends. If you don't cancel, your first payment is taken when the trial ends.
Cancelling. You can cancel at any time using the link in your Paddle receipt email, or by emailing [email protected]. Cancelling stops the next renewal. You keep access until the end of the period you've paid for.
Price changes. If the price of your subscription changes, we'll tell you before it applies, so you can cancel before your next renewal if you don't want to continue.
Refunds. You can get a full refund if you ask within 14 days of your first payment. Renewals aren't refundable, except where the law requires. The details are in our Refund Policy, which is part of these Terms.
Automatic-renewal laws (for example California's), including renewal reminder emails for yearly plans and trial reminders, and whether Paddle's checkout meets the "clear and conspicuous" disclosure and consent rules.
7. Your plan and your data
Your plan and training history are stored on your device. If you clear your browser data, delete the app, or change devices without using "Back up my plan", that information may be lost, and we can't recover it. How we handle your information is explained in our Privacy Policy and Consumer Health Data Notice.
If you use "Back up my plan", you're responsible for keeping access to your email secure, because the link we send is how you sign in.
8. Photos you upload
Only upload photos of your own training notes or workouts, and don't include other people. You give us permission to process your photos only to read the workout in them and provide the Service.
9. Using the Service fairly
Don't misuse the Service. That includes: trying to access it other than through the app; copying, scraping or reverse-engineering it; overloading it or getting around its limits; using it for anyone other than yourself; or using it to break the law.
10. Our content
The Service, including its exercise database, scoring, plans, text, design and artwork, belongs to Workout X-Ray LLC or our licensors. We give you a personal, non-transferable, revocable licence to use it for your own training. You may not resell or republish it.
11. No warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
12. Limits on our liability
TO THE FULLEST EXTENT THE LAW ALLOWS, WORKOUT X-RAY LLC AND ITS OWNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST DATA. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR $50.
Some places don't allow these limits, so they may not all apply to you. Nothing here limits liability that can't legally be limited.
13. Your responsibility to us
If someone brings a claim against us because you broke these Terms or misused the Service, you agree to cover our reasonable losses and costs, to the extent the law allows.
14. Resolving disputes
Talk to us first. Email [email protected] and describe the problem. We'll try to resolve it informally within 30 days.
Individual arbitration. If we can't resolve it, you and we agree that any dispute relating to the Service or these Terms will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Arbitration may take place remotely or in Miami-Dade County, Florida. The Federal Arbitration Act governs this section.
Exceptions. Either of us may bring an individual claim in small claims court instead.
CLASS ACTION AND JURY WAIVER. YOU AND WE MAY ONLY BRING CLAIMS INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. YOU AND WE BOTH WAIVE THE RIGHT TO A JURY TRIAL.
Opting out. You can opt out of arbitration within 30 days of first agreeing to these Terms by emailing [email protected] with the subject "Arbitration opt-out".
Mass-arbitration protections (batching of similar claims), fee allocation, and enforceability against residents of states that restrict these clauses.
15. Governing law
Florida law governs these Terms, without regard to conflict-of-law rules, except where the law where you live says otherwise. Any court proceedings allowed by these Terms will take place in Miami-Dade County, Florida.
16. Changes, and ending your use
We may update the Service or these Terms. If we make a material change, we'll tell you in the app and ask you to agree again before you continue. You can stop using the Service at any time. We may suspend access if you break these Terms.
17. Contact
Workout X-Ray LLC · [email protected]