Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Earn Your Stripes ("EYS", "we", "us", or "our") governing your access to and use of the EYS On-Demand mobile applications, website at eysondemand.com, and related content and services (collectively, the "Services"). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 13 years old (16 in the EEA) and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements and that the information you provide is accurate.

2. Health Disclaimer — Read Carefully

The Services provide general fitness and exercise content for informational purposes only and are not medical advice. Consult a qualified physician before starting any exercise program, especially if you have a medical condition, are pregnant, or are recovering from an injury. Stop exercising and seek medical attention if you experience pain, dizziness, shortness of breath, or other symptoms. You assume all risks associated with physical activity.

3. Accounts

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of unauthorized use. We may suspend or terminate accounts that violate these Terms.

4. Subscriptions, Billing & Auto-Renewal

• Subscriptions purchased through the Apple App Store or Google Play are billed by Apple or Google under their respective terms.
• Auto-renewal: subscriptions renew automatically at the end of each billing period at the then-current price unless cancelled at least 24 hours before renewal.
• Cancellation: manage or cancel your subscription in your Apple ID or Google Play account settings. Deleting the app does not cancel your subscription.
• Refunds: handled by Apple or Google according to their policies. Where required by law (e.g. EU consumer protection), statutory withdrawal rights apply.
• Free trials, if offered, convert to a paid subscription automatically unless cancelled before the trial ends.

5. License to Use the Services

Subject to these Terms, EYS grants you a limited, non-exclusive, non-transferable, revocable license to download and use the app on devices you own or control, solely for personal, non-commercial use. All rights not expressly granted are reserved.

6. Acceptable Use

You agree not to:

• Copy, redistribute, broadcast, or resell any workout videos, programs, or content.
• Reverse engineer, decompile, or attempt to extract source code.
• Use the Services to harass, abuse, or harm others.
• Upload viruses, scrape data, or interfere with the Services' operation.
• Share your account credentials with anyone else.
• Use the Services in violation of any applicable law.

7. User Content

You retain ownership of content you submit (e.g. progress photos, comments). By submitting content, you grant EYS a worldwide, royalty-free, non-exclusive license to host, display, and use it to operate and improve the Services. You represent that you have all necessary rights to your content and that it does not infringe any third-party rights or violate any law.

8. Intellectual Property

The Services, including all videos, programs, text, graphics, logos, the EYS name, and software, are owned by EYS or its licensors and are protected by copyright, trademark, and other laws.

9. Third-Party Services

The Services may integrate with third parties (e.g. Apple HealthKit, Google Health Connect, payment processors). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services.

10. Termination

You may stop using the Services at any time and delete your account in-app or by contacting support. We may suspend or terminate access if you breach these Terms or for any lawful reason. Sections that by their nature should survive (IP, disclaimers, limitation of liability, dispute resolution) survive termination.

11. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. EYS does not warrant that the Services will be uninterrupted, error-free, or that any specific fitness result will be achieved.

12. Limitation of Liability

To the maximum extent permitted by law, EYS and its affiliates will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, data, or goodwill, arising from your use of the Services. EYS's aggregate liability for any claim relating to the Services will not exceed the greater of the amount you paid to EYS in the twelve months before the claim or USD 50.

Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the smallest extent permitted by law.

13. Indemnification

You agree to indemnify and hold harmless EYS from any claim, loss, or expense (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right.

14. Apple App Store — Additional Terms

If you downloaded the app from the Apple App Store, you acknowledge: (a) these Terms are between you and EYS, not Apple; (b) Apple has no obligation to provide maintenance or support; (c) Apple is not responsible for any product warranties, claims, or product liability; (d) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. Governing Law & Disputes

These Terms are governed by the laws of the jurisdiction where EYS is established, without regard to conflict-of-laws rules. Disputes will be resolved in the competent courts of that jurisdiction, except where mandatory consumer law gives you the right to bring proceedings in your country of residence.

16. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated via the app or email. Continued use after changes take effect constitutes acceptance.

17. Contact

Earn Your Stripes
Email: support@eysfit.com
Web: eysfit.com