DRAFT — FOR ATTORNEY REVIEW — NOT FOR PUBLICATION

Terms of Service

LiftTrack · AscentApps LLC · Version 1.2

Effective date: [TO BE SET ON PUBLICATION]

1. Agreement

By using LiftTrack you agree to these Terms. If you do not agree, do not use the app. LiftTrack is operated by AscentApps LLC, an Arizona limited liability company.

2. LiftTrack is not a medical, nutritional, or professional training service

Read this carefully. LiftTrack is a wellness and lifestyle tool. Its AI coaching suggestions, progressive-overload recommendations, plateau and recovery flags, calorie estimates, and AI coach chat answers are automated estimates generated by an AI model. They are not medical advice, not nutritional advice, not physical therapy, and not personal training by a qualified professional. They may be wrong.

You should consult a physician or qualified professional before beginning or changing any exercise or nutrition program, and you should stop exercising and seek medical attention if you experience pain, dizziness, or distress. Strength training carries an inherent risk of injury. You assume that risk, and you are solely responsible for your training decisions.

3. Eligibility and your account

You must be at least 18 years old to use LiftTrack. Before you can create an account you must affirm, at a blocking gate, that you are 18 or older. At that gate you enter your date of birth and confirm: “By continuing, I confirm the date of birth entered above is accurate and that I am 18 years of age or older.” (your date of birth is checked on your device and is not stored). By using LiftTrack you represent that you are at least 18 and that you have the legal capacity to enter into and be bound by these Terms. LiftTrack is not directed to anyone under 18 and we do not knowingly permit minors to create accounts.

You are responsible for the accuracy of what you enter and for maintaining the security of your account.

4. AI features and your content

Your logged data belongs to you. You grant us the limited permission needed to store, display, and process it to provide the app and its AI features, which includes transmitting the relevant content to our AI provider as described in the Privacy Policy. Do not enter medical information, diagnoses, or medication details into the AI coach chat.

5. Connecting to Atisbo Health

If you choose to connect LiftTrack to Atisbo Health, you authorize LiftTrack to transmit the exercise and calorie data you sync to that app, where the Atisbo Health Terms and Privacy Policy govern it. The connection is optional and revocable.

6. Acceptable use

Do not misuse the app, attempt to disrupt or reverse-engineer it, access it without authorization, or use it for any unlawful purpose.

7. Disclaimer of warranties

LiftTrack is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any suggestion, calorie figure, or recommendation is accurate, complete, safe, or suitable for you.

8. Limitation of liability

To the fullest extent permitted by law, AscentApps LLC will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or data, arising from your use of LiftTrack. Our total aggregate liability for all claims relating to LiftTrack will not exceed the greater of (a) the amount you paid us for LiftTrack in the twelve (12) months before the claim arose, or (b) fifty U.S. dollars (US$50).

ATTORNEY: confirm the cap amount and structure, the consequential-damages exclusion, and enforceability in Arizona and in users’ states — including any consumer-protection carve-outs and whether a cap can be enforced at all against a personal-injury claim arising from exercise. NOTE: the minimum age was raised to 18 precisely because a minor may DISAFFIRM this contract, which would void this cap, the warranty disclaimers and the indemnity as against any user aged 13–17 — and a parent’s consent would not reliably cure it, since in many states a parent cannot waive a minor’s own prospective tort claims. No reviewed insurance policy covers bodily injury arising from software output, so this contract is the only shield LiftTrack has.

9. Indemnification

You agree to indemnify and hold harmless AscentApps LLC and its members from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of LiftTrack, your content, or your breach of these Terms.

10. Termination

You may stop using LiftTrack and delete your account at any time. We may suspend or terminate accounts that violate these Terms.

11. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. Before filing any claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

ATTORNEY: decide whether to include binding arbitration and a class-action waiver. If yes, confirm conspicuousness, the opt-out mechanism, and the arbitration provider/venue. If no, confirm the court venue clause.

12. Changes

We may update these Terms; the version and effective date will change. Continued use after an update means you accept the revised Terms.

AscentApps LLC · Incorporated in the State of Arizona · [email protected]