Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the TouchDumbbell mobile application and related services (the “Services”) provided by TouchDumbbell (“we,” “us,” or “our”).
By creating an account, downloading, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility
You must:
- Be at least 18 years old (or the age of majority in your jurisdiction, if higher).
- Have the legal capacity to enter a binding contract.
- Not be barred from using the Services under applicable law.
You represent that all registration information you provide is accurate and that you will keep it current.
2. The Services
TouchDumbbell is a fitness accountability application that may include, among other features:
- Daily workout check-ins and photo verification.
- Workout timer, mood/energy journaling, and progress tracking.
- Integration with Apple Health (iOS) for activity metrics.
- Optional Screen Time–based app blocking during workouts (iOS).
- Social features: friends, leaderboards, public profiles, and nudges.
- Body and meal scan features (photo-based).
- Premium subscriptions with additional features.
We may modify, suspend, or discontinue any part of the Services at any time, with or without notice, subject to applicable law and app store rules.
3. Account Registration & Security
- You register with email and password and may need to verify your email before full access.
- You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
- Notify us immediately at [Support Email] of unauthorized use.
- We may suspend or terminate accounts that violate these Terms or pose security risks.
4. User Responsibilities & Acceptable Use
You agree to:
- Use the Services only for lawful personal, non-commercial purposes (unless we agree otherwise in writing).
- Provide accurate information and not impersonate others.
- Comply with all applicable laws, including health and safety laws.
You agree not to:
- Upload false workout verifications, misleading health data, or content you do not have rights to use.
- Harass, bully, threaten, or abuse other users.
- Scrape, reverse engineer, or attempt to access non-public areas of the Services.
- Introduce malware, interfere with servers, or circumvent security or subscription controls.
- Use the Services if you have a medical condition where unsupervised exercise is unsafe, without consulting a qualified professional.
Fitness disclaimer: TouchDumbbell is not a medical device and does not provide medical advice. Consult a physician before starting any exercise program. You assume all risks of physical activity.
5. User-Generated Content
You may submit photos, text, and other content (“User Content”). You retain ownership of your User Content, but you grant TouchDumbbell a worldwide, non-exclusive, royalty-free licenseto use, host, store, reproduce, process, adapt, display, and distribute your User Content solely to operate, improve, and promote the Services (including AI-assisted processing via OpenAI's ChatGPT API for workout verification, body scans, and meal scans).
You represent that you own or have permission to submit User Content and that your User Content does not violate third-party rights or law.
We may remove User Content that violates these Terms or is otherwise objectionable, without liability.
6. Social Features
- Friend requests, leaderboards, and profiles expose information you choose to share (e.g., username, stats, avatar).
- Nudges and similar features send notifications to other users you interact with.
- There is no private messaging in the current App; do not use support channels or profile fields to harass others.
Report concerns to support@touchdumbbell.com.
7. Permissions & Device Features
Certain features require device permissions (camera, notifications, HealthKit, photo library, Screen Time). Denying permissions may limit functionality. Screen Time features operate through Apple's on-device APIs; we do not access content of other apps.
8. Subscriptions, Payments & Free Trials
8.1 Premium subscriptions
Premium features are offered via in-app purchases processed by the Apple App Store or Google Play Store and managed through RevenueCat. Available plans may include monthly, yearly, and/or lifetime subscriptions, as displayed in the App.
8.2 Billing
- Payment is charged to your app store account at confirmation of purchase.
- Subscriptions auto-renew unless canceled at least 24 hours before the end of the current period.
- Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current price.
- Free trials (if offered) convert to paid subscriptions unless canceled before the trial ends.
8.3 Managing & canceling
Manage or cancel subscriptions in your Apple ID / Google Play account settings. Deleting the App does not cancel your subscription.
8.4 Refunds
Refunds are handled by Apple or Google under their policies. We do not control store refund decisions.
8.5 Restore purchases
You may use “Restore Purchases” to restore eligible subscriptions on a new device, subject to store and RevenueCat rules.
8.6 Price changes
We may change subscription prices where permitted by the app stores; you will be notified as required by store policies.
9. Intellectual Property
The Services, including software, design, logos, text, graphics, and trademarks (excluding your User Content), are owned by Touch Dumbbell or our licensors and protected by intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal use in accordance with these Terms.
You may not copy, modify, distribute, sell, or lease any part of the Services without our written consent.
10. Third-Party Services
The Services integrate third-party services (e.g., Apple Health, Firebase, RevenueCat). Your use of those services is subject to their terms and policies. We are not responsible for third-party services.
11. Termination
By you: You may stop using the Services and delete your account in Account Settings.
By us: We may suspend or terminate your access if you violate these Terms, create risk or legal exposure, or where required by law. Upon termination, your right to use the Services ends; sections that by nature should survive will survive (e.g., disclaimers, liability limits, dispute resolution).
12. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Services will be uninterrupted, secure, or error-free.
- Workout verification, body/meal scans, or health syncs will be accurate or complete.
- The Services will meet your fitness goals or health outcomes.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- TOUCHDUMBBELL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.
- OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) USD $100.
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
14. Indemnification
You agree to indemnify and hold harmless TouchDumbbell from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your User Content, your use of the Services, or your violation of these Terms or applicable law.
15. Dispute Resolution & Governing Law
Governing law: These Terms are governed by the laws of [State/Country], without regard to conflict-of-law principles.
Venue: Exclusive jurisdiction and venue for disputes shall be in the courts located in [City, Jurisdiction], unless applicable consumer law requires otherwise.
Informal resolution: Before filing a claim, you agree to contact us at support@touchdumbbell.com and attempt to resolve the dispute informally for at least 30 days.
If you are an EU/UK consumer, mandatory consumer protection laws in your country of residence may apply and you may have rights to bring claims in your local courts.
16. Apple App Store & Google Play
If you downloaded the App from the Apple App Store or Google Play:
- These Terms are between you and TouchDumbbell, not Apple or Google.
- Apple/Google are not responsible for the Services or content.
- Apple/Google have no obligation to provide maintenance or support for the App.
- In the event of failure to conform to any applicable warranty, you may notify Apple/Google for a refund of the purchase price (if any); to the maximum extent permitted by law, Apple/Google have no other warranty obligation.
- Apple/Google are third-party beneficiaries of these Terms as related to your use of the App through their stores.
17. Changes to Terms
We may update these Terms from time to time. Material changes will be notified as required (e.g., in-app notice or email). Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Services and delete your account.
18. General
- Entire agreement: These Terms and the Privacy Policy constitute the entire agreement regarding the Services.
- Severability: If any provision is unenforceable, the remainder remains in effect.
- No waiver: Failure to enforce a provision is not a waiver.
- Assignment: You may not assign these Terms without our consent; we may assign them in connection with a merger or sale.
19. Contact
TouchDumbbell
Email: hello@touchdumbbell.com
Website: https://www.touchdumbbell.app