TERMS OF SERVICE

Last Updated: November 22, 2025

1. ACCEPTANCE OF TERMS

Welcome to Ascend (the "App"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Ascend ("we," "us," or "our") governing your access to and use of the App.

BY ACCESSING OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

1.1 Eligibility

You must be at least 13 years old to use the App. If you are under 18, you must have your parent or legal guardian's permission to use the App. By using the App, you represent and warrant that you meet these eligibility requirements.

1.2 Agreement to Terms

Your use of the App constitutes acceptance of these Terms. You also agree to comply with our Privacy Policy, which is incorporated into these Terms by reference.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Posting a notice in the App
Sending an email to your registered email address
Updating the "Last Updated" date at the top of these Terms

Your continued use of the App after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App and may delete your account.

2. DESCRIPTION OF SERVICE

2.1 App Functionality

The App is a fitness and workout tracking application that provides:

Workout logging and exercise tracking
Personal record (PR) calculations and progress monitoring
Custom exercise creation and workout routine management
Weight tracking and fitness goal setting
Gamification features including achievements, titles, and rewards
The App offers full access to all features during the onboarding period (Quests 1-6). After completing Quest 6, users choose between Foundation Mode (free with limitations) or Ascension Mode (premium subscription). Foundation Mode includes: 4 workouts per week, up to 3 custom exercises, and excludes System Directives. Ascension Mode provides unlimited workouts, unlimited custom exercises, and full access to System Directives.

2.2 Service Availability

We strive to provide continuous access to the App, but we do not guarantee that the App will be available at all times. The App may be unavailable due to:

Scheduled maintenance
Technical difficulties
Force majeure events
Updates and improvements
Third-party service disruptions

We are not liable for any interruption, suspension, or termination of the App.

2.3 Changes to the Service

We reserve the right to modify, suspend, or discontinue any aspect of the App at any time, with or without notice. We may add, remove, or modify features, and we are not obligated to provide any specific features or functionality.

3. USER ACCOUNTS

3.1 Account Creation

To access certain features of the App, you must create an account by providing:

A valid email address
A secure password
A display name

You may also register using third-party authentication services (Google Sign-In or Apple Sign-In).

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access or security breach

We are not liable for any loss or damage arising from unauthorized use of your account.

3.3 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. Providing false or misleading information may result in account termination.

3.4 Account Termination by You

You may delete your account at any time by:

Accessing Settings > Account > Delete Account in the App
Contacting our support team at support@ascendfitness.app

Account deletion is permanent and will result in loss of all data associated with your account.

3.5 Account Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Extended periods of inactivity
Any other reason at our sole discretion

4. SUBSCRIPTION TERMS AND BILLING

4.1 Subscription Plans

The App provides full access during the onboarding period (Quests 1-6). After completing Quest 6, users select their path: Foundation Mode (free with limitations) or Ascension Mode (premium subscription). Foundation Mode includes 4 workouts per week, up to 3 custom exercises, and excludes System Directives. Ascension Mode provides unlimited access to all features. Subscriptions are available as monthly, annual, or lifetime plans.

4.2 Subscription Purchase

Subscriptions are purchased through:

Apple App Store (for iOS users)
Google Play Store (for Android users)

All purchases are subject to the respective platform's terms and conditions.

4.3 Subscription Pricing

Subscription prices are displayed in the App and may vary by:

Geographic location
Currency
Promotional offers
Platform (iOS/Android)

Prices are subject to change at any time, but changes will not affect active subscriptions until renewal.

4.4 Auto-Renewal

IMPORTANT: SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS YOU CANCEL.

Subscriptions renew automatically at the end of each billing period (monthly, annually, etc.)
Your payment method will be charged within 24 hours prior to the start of each new subscription period
The renewal charge will be at the then-current subscription price
You will not receive a separate notice of renewal charges

4.5 Cancellation

To cancel your subscription:

iOS Users:

Open the Settings app on your device
Tap your name at the top
Tap "Subscriptions"
Select Ascend
Tap "Cancel Subscription"

Android Users:

Open the Google Play Store app
Tap the menu icon (three lines)
Tap "Subscriptions"
Select Ascend
Tap "Cancel Subscription"

Cancellation must be completed at least 24 hours before the end of the current subscription period to avoid being charged for the next period. Upon cancellation, you will retain access to premium features until the end of your current billing period.

4.6 Refunds

All subscription purchases are processed through Apple App Store or Google Play Store. We do not directly process payments or refunds.

Refund requests must be directed to:

iOS: Apple App Store (https://support.apple.com/billing)
Android: Google Play Store (https://support.google.com/googleplay/answer/2479637)

Refund policies are governed by Apple's and Google's respective terms and conditions. We do not have the ability to issue refunds directly.

Important: All refund requests must be processed through Apple App Store or Google Play Store. We cannot process refunds directly as all payments are handled by the respective app stores. If you need assistance with a refund request, you can contact us at support@ascendfitness.app, and we will help guide you to the appropriate store support channels, but the final decision on refunds rests with Apple or Google.

4.7 Free Tier

The App provides full access during the onboarding period (Quests 1-6), allowing you to experience all features without limitations. After completing Quest 6, you may choose Foundation Mode, which is free and includes: 4 workouts per week, up to 3 custom exercises, and excludes System Directives. Foundation Mode allows you to continue using the App's core functionality with reasonable limitations. To remove these limitations and access all features, including unlimited workouts, unlimited custom exercises, and System Directives, you may upgrade to Ascension Mode (premium subscription).

4.8 Promotional Offers

We may offer promotional pricing from time to time. Promotional offers:

May have specific eligibility requirements
Are subject to availability and may be withdrawn at any time
Cannot be combined with other offers unless explicitly stated
May have limited durations

4.9 Taxes

Subscription prices may be subject to applicable taxes, duties, or other governmental charges based on your location. Such charges are your responsibility and will be added to your subscription cost where applicable.

5. USER CONDUCT AND RESPONSIBILITIES

5.1 Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:

Violate any applicable laws, regulations, or third-party rights
Use the App to transmit harmful, offensive, or illegal content
Attempt to gain unauthorized access to the App, other user accounts, or our systems
Interfere with or disrupt the App's functionality or servers
Use automated systems (bots, scrapers, etc.) to access the App
Reverse engineer, decompile, or disassemble the App
Remove, modify, or obscure any copyright, trademark, or proprietary notices
Use the App for any commercial purpose without our written consent
Impersonate any person or entity or falsely represent your affiliation
Harass, abuse, threaten, or intimidate other users
Upload or transmit viruses, malware, or other malicious code
Collect or harvest personal information about other users
Create multiple accounts to circumvent restrictions or abuse features

5.2 User-Generated Content

You are solely responsible for any content you create within the App, including:

Custom exercise names and descriptions
Workout notes
Routine names and descriptions

You represent and warrant that your content:

Does not violate any third-party rights (intellectual property, privacy, etc.)
Does not contain illegal, harmful, or offensive material
Is accurate and not misleading

5.3 Content Monitoring

We reserve the right, but have no obligation, to monitor, review, or remove user-generated content that violates these Terms or is otherwise objectionable. We are not responsible for user-generated content.

5.4 Third-Party Services Compliance

You agree to comply with all applicable third-party terms when using the App, including:

Apple App Store Terms and Conditions
Google Play Store Terms of Service
Third-party authentication provider terms (Google, Apple)
Device operating system terms

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to software, code, text, graphics, logos, icons, images, audio, video, data compilation, and design) are owned by Ascend or its licensors and are protected by:

Copyright laws
Trademark laws
Patent laws
Trade secret laws
Other intellectual property rights

6.2 License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

Download and install the App on devices you own or control
Access and use the App for your personal, non-commercial purposes

This license does not include any right to:

Reproduce, distribute, or publicly display the App
Create derivative works based on the App
Use the App for commercial purposes
Transfer, sell, or sublicense your rights

6.3 Trademarks

"Ascend," and associated logos are trademarks of Ascend. You may not use these trademarks without our prior written consent.

6.4 Your Content License to Us

By creating content within the App (custom exercises, notes, etc.), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, store, and process such content solely for the purpose of providing and improving the App.

This license terminates when you delete your content or account, except where we are required to retain data for legal compliance.

6.5 Feedback

If you provide feedback, suggestions, or ideas about the App through the in-app feedback feature ("Report a Bug") or any other means, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use such feedback without any obligation to you.

Feedback Submissions: When you submit feedback through the App's in-app feedback feature, you may choose to include:

Text descriptions of issues, bugs, or suggestions (up to 1000 characters)
Optional screenshots or images (PNG or JPEG format) to illustrate your feedback
Your contact information (if you are logged in, your email address and name may be automatically associated with your feedback to enable us to respond)

By submitting feedback, you consent to the collection, storage, and processing of this information as described in our Privacy Policy. Feedback submissions, including any attached screenshots, are processed and stored through our third-party service provider (Sentry) for the purpose of improving the App and responding to your concerns. If you are not logged in, your feedback will be submitted anonymously.

Feedback License: By submitting feedback, you grant us the right to use, modify, reproduce, and distribute your feedback (including any screenshots or images you attach) for any purpose related to improving the App, without any compensation or attribution to you.

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your privacy is important to us. Please review our Privacy Policy (available at https://ascend-fitnessapp.github.io/ascend-legal/privacy-policy.html), which explains how we collect, use, and protect your personal information.

7.2 Data Collection Consent

By using the App, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

7.3 Health and Fitness Data

The App collects fitness and health-related data (workouts, weight, exercise history). This data is:

Stored securely on our servers
Used solely to provide App functionality and improve your experience
NOT sold to third parties
NOT shared with health insurance companies or employers

Disclaimer: The App is for informational and tracking purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.

8. DISCLAIMERS AND WARRANTIES

8.1 "As Is" and "As Available"

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the App will be uninterrupted, error-free, secure, or virus-free
Warranties regarding the accuracy, reliability, or completeness of content or data
Warranties that defects will be corrected

8.2 Fitness and Health Disclaimer

IMPORTANT HEALTH AND SAFETY NOTICE:

The App is NOT a medical device and is NOT intended to diagnose, treat, cure, or prevent any disease
The App is for informational and tracking purposes only
Always consult a qualified healthcare professional before beginning any exercise program
We do not provide medical advice, and the App should not be used as a substitute for professional medical consultation
You assume all risks associated with physical exercise and fitness activities
Stop exercising immediately and seek medical attention if you experience pain, dizziness, or other concerning symptoms

8.3 Third-Party Services

The App integrates with third-party services (Supabase, RevenueCat, Sentry, Mixpanel, Google, Apple, etc.). We are not responsible for:

The availability, accuracy, or reliability of third-party services
The privacy practices or content of third-party services
Any loss or damage resulting from third-party service failures

8.4 User Content

We do not endorse, verify, or guarantee the accuracy of user-generated content. You use such content at your own risk.

8.5 No Guarantee of Results

We do not guarantee that use of the App will result in any specific fitness outcomes, weight loss, muscle gain, or health improvements. Individual results may vary.

9. LIMITATION OF LIABILITY

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Ascend, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APP
ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR DATA
ANY DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT
ANY DAMAGES ARISING FROM INTERRUPTION OR TERMINATION OF SERVICE

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

9.2 Maximum Liability Amount

TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF:

The amount you paid us in the twelve (12) months preceding the claim, OR
Fifty dollars ($50.00 USD)

9.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9.4 Fitness-Related Injuries

We are not liable for any injuries, accidents, or health complications arising from:

Use of the App
Following workout routines or exercises logged in the App
Reliance on fitness data or calculations provided by the App

You assume all risk of physical injury or harm.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ascend, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your use or misuse of the App
Your violation of these Terms
Your violation of any third-party rights (including intellectual property or privacy rights)
Your violation of applicable laws or regulations
Any content you create or submit through the App
Any injuries or damages arising from your exercise or fitness activities

This indemnification obligation survives termination of these Terms and your use of the App.

11. DISPUTE RESOLUTION

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.

11.2 Informal Dispute Resolution

Before filing a legal claim, you agree to attempt to resolve any dispute informally by contacting us at support@ascendfitness.app. We will attempt to resolve the dispute informally within 60 days.

11.3 Jurisdiction and Venue

Any legal action or proceeding arising from or relating to these Terms or the App shall be brought exclusively in the state or federal courts located in München, Germany. You consent to the personal jurisdiction of such courts and waive any objection to venue.

11.4 Time Limitation

You agree that any claim or cause of action arising from or relating to the App or these Terms must be filed within one (1) year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.

12. TERMINATION

12.1 Termination by You

You may terminate your relationship with us at any time by:

Deleting your account through the App
Ceasing to use the App
Uninstalling the App from your devices

12.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including:

Breach of these Terms
Fraudulent or illegal activity
Extended inactivity
At our sole discretion

12.3 Effect of Termination

Upon termination:

Your license to use the App terminates immediately
You must cease all use of the App and uninstall it from your devices
We may delete your account and data in accordance with our data retention policies
Sections of these Terms that by their nature should survive termination shall survive (including intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution)

12.4 Subscription Upon Termination

If your account is terminated:

You will not receive a refund for any unused subscription period
Your subscription will be canceled (no future charges will occur)
You may lose access to premium features immediately

13. MISCELLANEOUS PROVISIONS

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and us regarding the App and supersede all prior agreements, understandings, and communications.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision is void.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

13.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any government list of prohibited or restricted parties.

13.7 Third-Party Beneficiaries

Except as expressly stated herein (e.g., Apple as third-party beneficiary for EULA compliance), these Terms do not create any third-party beneficiary rights.

13.8 Language

These Terms are drafted in English. Any translations are provided for convenience only. In the event of conflict, the English version shall prevail.

13.9 Electronic Communications

You consent to receive electronic communications from us, including emails, notifications within the App, and messages posted to your account. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

13.10 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us. You have no authority to bind us or make commitments on our behalf.

14. APP STORE-SPECIFIC TERMS

14.1 Apple App Store

If you downloaded the App from the Apple App Store, the following additional terms apply:

These Terms are between you and Ascend, not Apple
Apple has no obligation to provide maintenance or support for the App
Apple is not responsible for addressing any claims relating to the App or your use thereof
In the event of any third-party claim that the App infringes intellectual property rights, Ascend (not Apple) is responsible for investigation, defense, settlement, and discharge of such claim
Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you

14.2 Google Play Store

If you downloaded the App from Google Play Store, you agree to comply with the Google Play Terms of Service.

15. CONTACT INFORMATION

If you have any questions, concerns, or disputes regarding these Terms, please contact us:

General Inquiries:
Email: support@ascendfitness.app

Legal Inquiries:
Email: support@ascendfitness.app

Business Address:
Ascend
Feldmochinger Straße 15
80882, München
Germany

16. ACKNOWLEDGMENT

BY USING THE APP, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms
You agree to be bound by these Terms
You have read and understood our Privacy Policy
You are at least 13 years old (or have parental consent if under 18)
You understand the health and fitness disclaimers
You understand the subscription auto-renewal terms
You understand that we may modify these Terms at any time

If you do not agree with these Terms, do not use the App.

End of Terms of Service