Terms of Service
DRAFT — pending attorney review
1. Agreement
These Terms of Service ("Terms") are an agreement between you and Brightway Operations LLC ("we," "us") for your use of the NoPlateau app, website and related services (the "App"). By checking the box and tapping Continue, you agree to these Terms, our Waiver, Release of Liability and Assumption of Risk ("Waiver"), and our Privacy Policy. If you do not agree, do not use the App. Effective date: [effective date].
2. Eligibility
You must be at least 18 and able to form a binding contract. The App is not intended for anyone under 18. You confirm you are not located in a country subject to a U.S. government embargo or designated as "terrorist supporting," and that you are not on any U.S. government list of prohibited or restricted parties.
3. Your account
Give accurate information, keep your password secure and do not share your account. You are responsible for activity on your account. Tell us promptly if you think your account has been compromised. You can reset your password from the sign-in screen.
4. Health and safety
The App is not medical or professional advice. Your use of the App and any exercise you do is subject to the Waiver, which is part of these Terms.
5. License
We give you a personal, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial use. If you got the App from Apple’s App Store, you may use it on Apple-branded devices you own or control, as allowed by these Terms and the Usage Rules in the Apple Media Services Terms and Conditions (including Family Sharing where it applies). If you got it from Google Play, you may use it on Android devices you own or control, as allowed by these Terms and Google Play’s terms.
6. Acceptable use
Do not: break the law using the App; try to access other people's accounts or data; interfere with or overload the App or its servers; reverse engineer the App except where the law allows; use bots or scrapers; resell the App; or upload content that is unlawful, infringing, harassing or harmful. You must also follow any third-party terms that apply to you when using the App, such as your wireless carrier's terms.
7. Your content and data
You own the workouts, measurements, journal entries, goals, notes and other content you enter ("Your Content"). You give us a limited license to store, copy, process and display Your Content only as needed to provide, secure and improve the App for you, as described in the Privacy Policy. We do not sell Your Content. Progress photos stay on your device and are not uploaded to us. You can export your data or delete your account at any time in Profile.
8. Coaches and sharing
If you choose to share data with a coach (for example, workouts, journal entries or progress photos), you decide what to share and can stop at any time. A coach can see only what you share. Coaches are independent and are not our employees or agents (see the Waiver). If a coach sponsors your Pro access and that relationship ends, Pro access ends too; your history stays, and you can subscribe yourself or continue on the free plan.
9. Free plan, Pro and automatic renewal
The App has a free plan. Optional paid plans may be offered, such as Pro for members and plans for coaches. Before you buy, we will clearly show the plan name, price, billing period, what happens at renewal, and how to cancel. SUBSCRIPTIONS RENEW AUTOMATICALLY at the end of each billing period at the then-current price until you cancel. Purchases made in the iPhone app are billed by Apple to your Apple account; cancel at least 24 hours before renewal in your iPhone Settings → [your name] → Subscriptions. Purchases made in the Android app are billed by Google Play; cancel in the Play Store app → your profile → Payments & subscriptions → Subscriptions. Refunds for these purchases are handled by Apple or Google under their policies. Deleting your account does not cancel an Apple or Google Play subscription — cancel it there first. Plans bought on our website (such as coach plans) can be cancelled online on the website, the same way they were bought. We will send any reminders and notices that the law requires (for example, before a free trial converts to paid, before annual renewals, and before price increases). If a price changes, we will tell you in advance and you can cancel before it applies.
10. Changes and availability
The App is under active development. Features may change, and the App may sometimes be unavailable. We will try to give notice before removing significant features you pay for.
11. Feedback
If you send us ideas or feedback, we may use them without any obligation to you.
12. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP, ITS CALCULATIONS, SUGGESTIONS OR PROGRAMS WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED, THAT DATA WILL NEVER BE LOST, OR THAT YOU WILL ACHIEVE ANY RESULT.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST DATA, PROFITS OR GOODWILL, ARISING FROM OR RELATED TO THE APP. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE APP IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US $50. Nothing in these Terms limits liability that cannot be limited under law, including for fraud, willful injury, gross negligence or violation of law. Some places do not allow these limits, so they may not fully apply to you.
14. Indemnity
You agree to indemnify and hold us harmless from claims, losses and expenses (including reasonable attorneys' fees) arising from your use of the App or your breach of these Terms, except to the extent caused by our gross negligence or willful misconduct.
15. Ending your use
You may stop using the App and delete your account at any time in Profile. We may suspend or end your access if you break these Terms or to protect the App or other people. Sections that should survive by their nature (including the Waiver, disclaimers, limitation of liability, indemnity and dispute terms) survive.
16. Apple App Store terms (iPhone users)
These Terms are between you and Brightway Operations LLC only, not Apple Inc. ("Apple"). Brightway Operations LLC, not Apple, is solely responsible for the App and its content. Apple has no obligation to provide maintenance or support for the App; we provide it as described here (contact below). If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other claims, losses or costs from a failure to conform to a warranty are our responsibility. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws. If a third party claims the App or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging the claim. Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them Apple may enforce them against you.
17. Disputes
Please contact us first: most problems can be solved quickly. Before filing a claim, you and we agree to try to resolve it informally for 30 days after written notice. Either of us may bring an individual claim in small claims court if it qualifies. Otherwise, these Terms are governed by California law, without regard to conflict-of-law rules, and disputes will be brought in the state or federal courts in San Diego County, California, and you and we consent to their jurisdiction. Nothing here limits rights you have under consumer protection laws that cannot be waived.
18. Changes to these Terms
We may update these Terms. For material changes, we will notify you in the App and ask you to review and accept the new version before you continue. The effective date at the top shows when they last changed.
19. Electronic communications
You agree that we may send you agreements, notices and other communications electronically, in the App or by email, and that these satisfy any requirement that they be in writing.
20. Entire agreement
These Terms, the Waiver and the Privacy Policy are the entire agreement between you and us about the App. If we do not enforce a provision, that is not a waiver. You may not transfer these Terms; we may transfer them as part of a merger, acquisition or sale of assets, with notice to you.
21. Contact (questions, complaints and claims)
Brightway Operations LLC, 3400 Cottage Way, Ste G2 #36993, Sacramento, CA 95825. Email: support@noplateau.app. Phone: (760) 453-0325.