App Terms of Service
IRON CLUB FITNESS — TERMS OF SERVICE
Effective Date: April 29, 2026
These Terms of Service ("Terms") govern your access to and use of the Iron Club Fitness mobile application, our website, and related services (collectively, the "Platform") operated by Iron Club Fitness, LLC ("Iron Club Fitness," "Iron Club," "we," "our," or "us").
By creating an account, accessing, or using the Platform, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Platform.
1. ELIGIBILITY
You must be at least 13 years old to use the Platform. If you are between 13 and 18 years old, you represent that you have permission from a parent or legal guardian to use the Platform.
Some jurisdictions require a higher minimum age (for example, Florida, South Korea, Spain, and Quebec generally require 14 or older for social media platforms). If you reside in one of those jurisdictions, you must meet the applicable local minimum age to use the Platform.
We do not knowingly allow or collect personal information from children under the applicable minimum age. If we learn an account belongs to a child below the applicable minimum age, we will terminate the account and delete associated information.
2. ACCOUNT REGISTRATION AND SECURITY
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized access or use.
You agree to provide accurate information when creating and using your account, and to keep it updated. You must choose a username, and you may optionally provide a display name, profile photo, bio, phone number, and other profile information. You are responsible for what you share on the Platform and for the accuracy of any information you provide.
You may not:
- Create an account for anyone other than yourself (without their permission)
- Share, sell, or transfer your account to another person
- Use another user's account without permission
- Create multiple accounts to evade enforcement, suspension, or termination
Phone number verification is optional but recommended for account security and for contact-based discovery. If you choose to verify a phone number, it must be a number you own and have the legal right to use.
3. FITNESS AND MEDICAL DISCLAIMER
Iron Club Fitness is a social fitness platform. We do not provide medical advice, diagnosis, treatment, or professional coaching services.
Any workouts, training content, nutritional information, health-related information, or other fitness information on the Platform (including user-generated workouts, coaching content, and any content shared between users) is provided for informational and entertainment purposes only.
Physical activity involves inherent risk, including the risk of serious injury, disability, or death. You acknowledge and agree that:
- You use the Platform and participate in any fitness activity entirely at your own risk
- You should consult a qualified healthcare provider before starting any exercise program or changing an existing program
- The Platform is not an emergency service — if you believe you or someone else is in danger or needs immediate help, call local emergency services (e.g., 911) immediately
IRON CLUB FITNESS DOES NOT SUPERVISE WORKOUTS OR VERIFY USER SUBMISSIONS. DO NOT ATTEMPT WORKOUTS, LIFTS, OR ROUTINES THAT ARE UNSAFE FOR YOU. YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISIONS, YOUR EQUIPMENT USE, YOUR ENVIRONMENT, AND YOUR HEALTH.
To the maximum extent permitted by law, you release and hold harmless Iron Club Fitness, LLC and its owners, officers, employees, contractors, and agents from any and all claims, demands, causes of action, damages, losses, and liabilities arising out of or related to (a) your use of the Platform, (b) your participation in any fitness activity, or (c) content or workouts you view or use on the Platform.
4. SUBSCRIPTIONS, PREMIUM FEATURES, AND BILLING
4.1 Free and Premium Tiers
The Platform offers both a free tier and a paid premium subscription ("Iron Club Premium").
The free tier includes access to core features such as account creation, posting, workout logging, the crew feed, direct messaging, discovery, basic profile features, registering at and tagging your own home or alternate gym, and checking in at your registered gyms.
Iron Club Premium unlocks additional features including but not limited to:
- Advanced lift analytics and progress charts
- Journal and journaling features
- Coaching tools (the ability to log workouts and data on behalf of clients)
- Public workouts discovery and advanced search
- Workout template saving and quick-start from saved workouts
- PDF and Excel export of workout data
- Optional body measurement tracking
- Gym Hubs discovery — the ability to search and browse any gym's hub from the Discover page
- Gym search tagging — the ability to search and tag any gym on posts and workouts, beyond your registered home or alternate gym
- Rest Goal timer — setting a countdown target for rest periods between sets
- Template Mode timer — automatically resetting the rest clock when saving an edited set from a pre-loaded template
- Daily Quote Widget — a lock screen widget that displays a new motivational quote each day from your chosen quote pack (see Section 4.9)
- Any additional premium features we may add from time to time
We reserve the right to modify which features are included in each tier at any time, provided that we will not materially reduce features for paying subscribers within a current billing period without reasonable notice.
4.2 Pricing
Iron Club Premium is currently offered at the following rates through the Apple App Store:
- Monthly: $7.99 per month
- Annual: $59.99 per year (billed as a single annual charge)
Prices are displayed in U.S. dollars and are subject to change. Exact pricing in your region and currency is shown in the Apple App Store at the time of purchase. Local taxes or VAT may apply depending on your jurisdiction.
If we change the price of a subscription plan, we will provide advance notice and the new price will take effect at your next renewal period. Continued use of Iron Club Premium after a price change takes effect constitutes your acceptance of the new price. You may cancel before the price change takes effect to avoid being charged the new rate.
4.3 Free Trial
We may offer a free trial period (currently fourteen days for new Iron Club Premium subscribers). Free trial eligibility is determined at our sole discretion and is generally limited to users who have not previously subscribed to Iron Club Premium.
At the end of the free trial period, your subscription will automatically convert to a paid subscription and your Apple ID will be charged unless you cancel at least 24 hours before the trial period ends. Any unused portion of a free trial is forfeited upon purchase of a paid subscription or when you cancel the subscription.
4.4 Auto-Renewing Subscriptions (Apple App Store)
Iron Club Premium is an auto-renewing subscription purchased through the Apple App Store.
- Payment will be charged to your Apple ID account at confirmation of purchase.
- Your subscription automatically renews at the end of each billing period (monthly or annual) unless auto-renewal is turned off at least 24 hours before the end of the current period.
- The renewal charge will match the then-current price for your plan.
- You can manage and cancel subscriptions by going to your Account Settings in the App Store after purchase.
- Cancellation takes effect at the end of the current paid billing period. You will retain access to Iron Club Premium features through the end of the paid period.
- No refund is provided for the unused portion of a billing period after cancellation, except as required by applicable law or the Apple App Store's refund policy.
4.5 Effect of Cancellation or Lapse
If your subscription is canceled or lapses:
- Access to Iron Club Premium features will be suspended at the end of your current paid period.
- Your underlying data (including workout history, analytics data, journal entries, body measurements, coaching hub data, and other content you have logged) will be retained.
- Premium-only data will become accessible again if you resubscribe.
- We are not responsible for any loss of access to premium features during a lapsed subscription period.
4.6 Refunds
If you purchase Iron Club Premium through the Apple App Store, Apple's payment, billing, and refund policies apply. All refund requests for App Store purchases must be submitted directly to Apple through the App Store's refund request process. Iron Club Fitness does not process refunds for App Store purchases.
Where applicable law requires refund rights that differ from the above (such as EU consumer protection rights), those rights apply and are not waived by these Terms.
4.7 Beta and Preview Features
Certain features may be offered in a beta or preview state. Beta features are provided "AS IS" and may be modified, limited, or discontinued at any time without notice. Availability of a beta feature does not guarantee its continued inclusion in any tier.
4.8 Comped Premium and Promotional Access
We may grant complimentary premium access to certain users (for example, for testing, support, or promotional purposes). Comped premium access is non-transferable, may be revoked at any time, and does not create any payment obligation or contractual right to premium features.
4.9 Daily Quote Widget — Disclaimer and Limitations
The Daily Quote Widget is a Premium feature that displays motivational quotes on your device's lock screen. The following limitations apply:
No Affiliation. Iron Club Fitness is not affiliated with, endorsed by, sponsored by, or connected to any person, author, athlete, organization, or other party whose name, words, or likeness may appear in connection with a quote displayed by the widget. The appearance of any name alongside a quote does not imply any relationship between that person and Iron Club Fitness.
No Warranty of Accuracy or Attribution. Quotes displayed by the widget are provided for motivational and entertainment purposes only. Iron Club Fitness does not independently verify the accuracy, authenticity, or attribution of any quote. Quotes widely circulated on the internet are frequently misattributed, paraphrased, or of uncertain origin. We make no representation or warranty that any quote displayed is verbatim, accurately attributed, or has been authorized by the person to whom it is credited.
Content Provided As-Is. Quotes are provided "AS IS" without warranty of any kind, express or implied. Iron Club Fitness is not responsible for any errors, misattributions, or inaccuracies in the content displayed by the widget.
Changes to Quote Content. We reserve the right to modify, remove, or replace any quote or quote pack at any time without notice, including to address intellectual property concerns or to improve content quality.
User Responsibility. You are solely responsible for how you use or share any content displayed by the widget. Reliance on the accuracy or attribution of any displayed quote is at your own risk.
5. COACHING TOOLS — IMPORTANT LIMITATIONS AND DISCLAIMER
5.1 Nature of the Coaching Feature
The coaching tools within Iron Club Fitness are software features designed solely to assist users in organizing, logging, and tracking fitness-related information for themselves and for other users who have agreed to participate in a coaching relationship.
Iron Club Fitness does not provide personal training, fitness coaching, nutrition counseling, physical therapy, or any other professional service of any kind. The coaching feature is a workout logging and organizational tool only. A coach's use of our software does NOT make Iron Club Fitness a provider of fitness services.
5.2 No Verification of Credentials
Iron Club Fitness does not verify, screen, certify, license, or endorse any user who uses the coaching features. We make no representations or warranties about any user's qualifications, credentials, certifications, expertise, or fitness to provide coaching, training, or any other services. Any user may use the coaching tools regardless of their professional background.
5.3 Independent Parties
Any coaching relationship formed through or facilitated by the Platform is exclusively between the coach and the client as independent parties. Iron Club Fitness:
- Is not a party to any such relationship
- Has no involvement in, oversight of, or responsibility for any coaching services, advice, workout programming, instructions, or guidance provided by any user
- Does not receive, review, or approve payments between coaches and clients
- Does not guarantee any coach's availability, quality, or continuity of service
5.4 Coach Representations and Obligations
If you use the coaching features to provide guidance, programming, or instruction to any other user, you represent and warrant that:
- You take full and sole responsibility for any coaching, programming, advice, or instructions you provide through the Platform
- You will not misrepresent your qualifications, certifications, or professional background to any user
- You understand that Iron Club Fitness is a software tool only and does not review, approve, or endorse any programming or advice you provide
- You will comply with all applicable laws and regulations governing fitness instruction, coaching, nutrition counseling, and related services in your jurisdiction
- You will obtain any necessary releases, waivers, and informed consents from your clients
- You will not use the coaching features for any illegal purpose
5.5 Client Acknowledgments
If you receive any coaching, programming, or fitness guidance from another user through the Platform, you acknowledge and agree that:
- Iron Club Fitness has not vetted, certified, or endorsed that user in any way
- You rely on any such guidance entirely at your own risk
- Iron Club Fitness bears no liability whatsoever for any injury, harm, loss, or damage arising from coaching services or fitness advice received from any user through the Platform
- Any dispute arising from a coaching relationship is solely between you and the other user
5.6 Data Logged By Coaches
The coaching feature allows a coach to log workouts, session notes, documents, and other fitness data on behalf of a client ("Coaching Hub Data"). This data is stored under the coach's account.
- A client may also maintain a separate personal Iron Club account (with or without Premium) and log their own data independently.
- A coach's view of a client does NOT grant access to any of the client's personal account data.
- A client's personal account data is NOT automatically shared with any coach.
- If a coach removes a client from their coaching hub, or if the coach deletes their account, all Coaching Hub Data for that client is deleted from the Platform. The client's separate personal account data is not affected.
5.7 Exported and Analytical Data
Workout data, analytics, charts, and any information exported from the Platform via PDF, Excel, or other formats are provided for informational and organizational purposes only. Exported data and analytics generated by the Platform are not a substitute for professional medical assessment, clinical evaluation, or advice from a licensed healthcare or fitness professional. Iron Club Fitness makes no representations about the accuracy, completeness, or fitness for any particular purpose of exported or analytical data.
6. GYM HUBS
6.1 Nature of the Feature
Gym Hubs are community spaces within the Platform organized around real-world fitness facilities. Each hub aggregates posts, workouts, and member information tagged to that gym by users of the Platform. Gym Hubs are a user-generated feature — the content in any hub is created entirely by users, not by Iron Club Fitness.
6.2 No Affiliation with Gyms
Iron Club Fitness is not affiliated with, endorsed by, or partnered with any gym, fitness facility, or business that appears on the Platform. The existence of a gym hub does not imply any relationship between Iron Club Fitness and that facility. Gym names, locations, and other identifying information are provided for organizational purposes only.
6.3 Trust-Based Registration and No Verification
Membership registration at a gym hub is entirely trust-based. We do not verify your location, require proof of membership, or confirm that you actually train at any gym you register at or tag. You are responsible for the accuracy of any gym associations you make on your profile or in your content.
6.4 Accuracy of Gym Information
Iron Club Fitness makes no representations or warranties about the accuracy, completeness, or currency of any gym information displayed on the Platform, including gym names, locations, member counts, check-in counts, or associated content. This information is user-generated and unverified.
6.5 Free and Premium Access
Registering at a gym, checking in, and tagging your registered home or alternate gym on posts and workouts are free features available to all users. The ability to search and browse gym hubs from the Discover page, and to search and tag gyms beyond your registered home or alternate gym, require an active Iron Club Premium subscription.
6.6 Check-Ins
Check-ins are self-reported and unverified. Iron Club Fitness does not confirm that a check-in reflects a genuine visit to any facility. Check-in counts displayed on member cards and hub pages reflect only what users have self-reported through the Platform.
6.7 Removal of Gym Hubs
We reserve the right to remove, merge, or modify any gym hub at any time, including if a gym closes, if the hub contains inaccurate information, or for any other operational reason. We are not obligated to maintain any particular gym hub indefinitely.
7. COMMUNITY STANDARDS AND PROHIBITED CONDUCT
Iron Club Fitness is a community-first platform. You agree not to post, send, upload, stream, share, or otherwise make available any content, nor engage in any conduct, that:
- Is spam, deceptive, fraudulent, or used to scam, phish, or defraud others
- Harasses, threatens, stalks, bullies, or targets others (including unwanted sexual attention)
- Encourages violence, self-harm, suicide, eating disorders, or dangerous activity
- Contains hate speech, extremist content, terrorism-related content, or discriminatory harassment based on race, ethnicity, religion, gender, sexual orientation, disability, or similar protected characteristics
- Contains nudity, pornography, sexually explicit content, or sexual services solicitation
- Sexualizes or exploits minors or includes child sexual abuse material (CSAM) — this will be reported to the National Center for Missing & Exploited Children and to law enforcement as required by law
- Doxxes or shares another person's private or confidential information without their permission
- Infringes intellectual property rights (copyright, trademark, trade secret) or violates privacy or publicity rights
- Is unlawful, promotes illegal drugs, weapons, or facilitates wrongdoing
- Misrepresents your identity, qualifications, certifications, or professional credentials to other users
- Attempts to bypass safety systems, rate limits, App Check protections, or moderation
- Scrapes, indexes, or harvests data from the Platform through automated means (bots, crawlers, scrapers)
- Reverse engineers, decompiles, or otherwise attempts to extract source code or circumvent technical measures of the Platform
- Disrupts or attempts to disrupt the Platform's operation, security, or integrity (including denial of service, malware, or unauthorized access)
- Creates accounts through automated means or sells / transfers accounts
- Uses the Platform to send unsolicited commercial communications
- Uses another user's phone number, email, or identity without permission
We may, at our sole discretion and without prior notice:
- Remove or restrict content
- Limit the visibility of content or accounts
- Restrict features (such as messaging, posting, or commenting)
- Suspend or terminate accounts
- Report conduct to law enforcement where we believe it is necessary to prevent harm or comply with law
We are not obligated to take any specific enforcement action, and our enforcement decisions are final.
8. REPORTING, SAFETY ENFORCEMENT, AND MODERATION
The Platform includes in-app reporting and blocking features.
When you submit a report, we may collect and review report details (content, account identifiers, timestamps, and related context) to evaluate and enforce our policies.
We are not required to monitor the Platform, but we may do so, and we may take any action we deem appropriate, including removing content, limiting visibility, restricting messaging, or disabling accounts.
Submitting a report does not guarantee any specific outcome, enforcement action, or response time. We reserve the right to preserve evidence and to cooperate with law enforcement where legally required or where we believe in good faith it is necessary to prevent harm.
The Platform also allows you to block other users. Blocking prevents the blocked user from seeing your future posts and from contacting you through the Platform. Blocks are mirrored so that neither party sees the other in feeds, search, or discovery.
9. DIRECT MESSAGES (DMs)
Direct messages are intended to be private between the sending user and the recipient(s), but DMs are stored on our systems to provide the service.
DMs are NOT end-to-end encrypted. We may access, review, or disclose DMs if we believe in good faith it is reasonably necessary to:
- Enforce these Terms or community safety
- Investigate abuse reports
- Comply with law, legal process, or governmental requests
- Protect the rights, property, or safety of Iron Club Fitness, our users, or the public
Do not share content or information in DMs that you would be unwilling to have reviewed in these limited circumstances.
10. USER-GENERATED CONTENT
You retain ownership of content you post ("User Content"). You grant Iron Club Fitness a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for formatting and display), create derivative works (for operational purposes such as generating thumbnails and analytics), distribute, publicly display, and perform your User Content solely for the purposes of:
- Operating, providing, and improving the Platform
- Promoting the Platform (including displaying content in marketing materials, with attribution where appropriate)
- Enforcing these Terms and protecting the community
This license ends when you delete your User Content or your account, except that (a) content shared to others (including DMs and reshares) may persist in recipient contexts, and (b) we may retain copies as needed for legal, safety, or backup purposes.
You represent and warrant that:
- You have all rights necessary to post your User Content
- Your User Content does not violate any law or the rights of any third party (including copyright, trademark, privacy, and publicity rights)
- You have any necessary consents from people depicted in your content
11. INTELLECTUAL PROPERTY
The Platform, including its software, design, branding, logos, trademarks, and content (excluding User Content), is owned by Iron Club Fitness or its licensors and is protected by intellectual property laws.
You may not copy, modify, distribute, sell, lease, sublicense, or reverse engineer any part of the Platform unless permitted by law or by us in writing.
"Iron Club Fitness," "Iron Club," and associated logos and graphics are trademarks of Iron Club Fitness, LLC. Other trademarks used on the Platform are the property of their respective owners.
12. COPYRIGHT COMPLAINTS (DMCA)
If you believe content on the Platform infringes your copyright, send a notice to luke.hoyle@ironclubfitness.com that includes:
- A description of the copyrighted work claimed to be infringed
- Identification of the allegedly infringing material and where it is located on the Platform
- Your contact information (name, address, phone, email)
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
- Your physical or electronic signature
We may remove allegedly infringing content and/or disable accounts of repeat infringers. We may forward your notice to the user who posted the content.
13. PAYMENTS AND PAYMENT PROCESSING
All Iron Club Premium subscriptions are processed through the Apple App Store. Iron Club Fitness does not collect, store, or have access to your payment card numbers or sensitive financial information.
We use RevenueCat as a third-party provider for subscription management, entitlement tracking, and billing events. RevenueCat receives your Iron Club user ID and subscription receipt information from Apple to determine your subscription status. RevenueCat does NOT receive payment card information.
Merchandise purchases through the embedded Shopify store are processed separately by Shopify and its payment processors. See Section 15.
14. THIRD-PARTY SERVICES
We rely on the following third-party services to operate the Platform. Your use of features that rely on these services is also subject to the third party's terms and privacy policies:
- Google Firebase (authentication, database, cloud storage, messaging, analytics, crash reporting, App Check)
- Apple (App Store, in-app purchase processing, push notifications, App Attest, Sign in with Apple where offered)
- RevenueCat (subscription management)
- Shopify (merchandise store)
We are not responsible for the practices, availability, or content of third-party services. If you have issues with a third-party service, contact that provider directly. Disputes arising out of third-party services are between you and that third party.
15. MERCHANDISE STORE (SHOPIFY)
Iron Club Fitness sells merchandise through a separate Shopify store. The Platform may include an embedded view of our Shopify store. Shopify maintains a separate login.
Merchandise purchases made through the Shopify store:
- Are governed by the terms, privacy policy, and refund policy posted on the Shopify storefront — not by these Terms of Service (except to the extent we incorporate Shopify's terms by reference here)
- Are processed through Shopify and its payment providers
- May be subject to shipping limitations, sales tax, and other charges
Website Refund Policy Summary (for merchandise):
- Items are printed on demand. We do not accept returns or exchanges for size/fit or change of mind.
- If an order arrives misprinted, damaged, defective, or incorrect, contact us within 7 days of delivery with photos for a free replacement or refund.
- Lost packages may be replaced if confirmed lost in transit by the carrier.
- Packages with incorrect shipping addresses (provided by the customer) are not covered, but we may offer a discounted reorder at our discretion.
The Platform may also include promotional cards that open external websites in your device's browser. Once you leave the app, you are subject to your browser's terms and the destination website's terms and privacy practices.
16. USER INTERACTIONS AND DISPUTES
You are responsible for your interactions with other users. We do not control what users do or say, and we are not responsible for disputes, injuries, damages, or harm arising from user interactions, workouts, meetups, or communications (including DMs).
Any dispute between users — including disputes arising from a coaching relationship, a commercial transaction between users, or any harm caused by another user — is solely between those parties. Iron Club Fitness is not a party to such disputes.
Use caution and good judgment when interacting with other users, especially when sharing personal information or arranging in-person activities.
17. TERMINATION
We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, pose a risk to the community, or for any lawful business reason.
You may stop using the Platform at any time. You can delete your account in-app via Settings → Account → Delete Account. Account deletion permanently removes your data as described in our Privacy Policy.
If you need assistance with deletion or access recovery, contact us at luke.hoyle@ironclubfitness.com.
Upon termination:
- Your right to access the Platform ends immediately
- Sections that by their nature should survive termination will survive, including Sections 3 (Fitness Disclaimer), 4.9 (Daily Quote Widget Disclaimer), 5 (Coaching Limitations), 6 (Gym Hubs), 11 (Intellectual Property), 17–21 (Dispute resolution and liability), and 23 (Governing Law)
18. DISCLAIMERS
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We do not guarantee:
- Uninterrupted or error-free access to the Platform
- That the Platform will be secure or free from viruses, malware, or other harmful components
- The accuracy, completeness, or usefulness of any User Content or third-party content
- The credentials, qualifications, or professional status of any user (including any user who uses the coaching features)
- The accuracy of any gym information, member counts, check-in counts, or other data displayed in Gym Hubs
- The accuracy, authenticity, or attribution of any quote displayed by the Daily Quote Widget
- Any specific results from using the Platform or participating in any fitness activity
Any reliance on User Content or any coaching, training, or advice received through the Platform is at your own risk.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL IRON CLUB FITNESS, LLC OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION APPLIES TO ALL CLAIMS INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM:
- USE OF THE COACHING FEATURES
- RELIANCE ON EXPORTED OR ANALYTICAL DATA
- USER-GENERATED WORKOUT CONTENT OR ADVICE
- ANY COACHING, TRAINING, OR FITNESS GUIDANCE PROVIDED BY ANY USER THROUGH THE PLATFORM
- INJURIES, HARM, OR LOSS ARISING FROM USE OF THE PLATFORM OR ANY PHYSICAL ACTIVITY
- RELIANCE ON GYM INFORMATION, MEMBER DATA, OR CHECK-IN DATA DISPLAYED IN GYM HUBS
- RELIANCE ON ANY QUOTE, ATTRIBUTION, OR OTHER CONTENT DISPLAYED BY THE DAILY QUOTE WIDGET
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED (A) THE AMOUNT YOU PAID TO IRON CLUB FITNESS FOR THE PLATFORM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Iron Club Fitness, LLC and its owners, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Platform
- Your User Content
- Your violation of these Terms or applicable law
- Any coaching, fitness guidance, or programming you provide to any other user through the Platform
- Any misrepresentation of your qualifications, credentials, or identity to any other user
- Your violation of any third party's rights (including privacy, publicity, or intellectual property rights)
We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense.
21. ARBITRATION AND CLASS ACTION WAIVER
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
21.1 Informal Resolution First
Before starting arbitration, you agree to first send us a written notice describing the dispute and your desired resolution to luke.hoyle@ironclubfitness.com. We will try to resolve the dispute informally. If we cannot resolve the dispute within 30 days, either party may start arbitration.
21.2 Binding Individual Arbitration
Except for (a) eligible small claims court matters, or (b) requests for injunctive relief to stop unauthorized use or abuse of the Platform or infringement of our intellectual property rights, you and Iron Club Fitness agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Disputes") will be resolved by binding, individual arbitration and not in court.
21.3 No Class Actions
You and Iron Club Fitness agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.
21.4 Opt-Out
You may opt out of this arbitration agreement by sending an email to luke.hoyle@ironclubfitness.com within 30 days of first accepting these Terms. Your email must include:
- Your name
- The email address associated with your account
- A clear statement that you want to opt out of arbitration
If you opt out, you and Iron Club Fitness agree that Disputes will be resolved in court as permitted by these Terms. Opting out of arbitration will not affect any other provision of these Terms.
21.5 Arbitration Procedures
Arbitration will be administered by a reputable arbitration provider (such as JAMS or the American Arbitration Association) under its then-current rules applicable to consumer disputes. The arbitration will take place in North Carolina, or by telephone or video conference at your option. The arbitrator will have authority to award any relief that would be available in court on an individual basis, subject to the limitations in these Terms.
The Federal Arbitration Act governs the interpretation and enforcement of this Section 21.
21.6 Severability
If any portion of this Section 21 is found unenforceable, the unenforceable portion will be severed, and the remaining portions will remain in effect. If the class action waiver in Section 21.3 is found unenforceable with respect to any particular claim, then that claim must be severed from the arbitration and brought in court — but all other claims will still be arbitrated.
22. GOVERNING LAW AND VENUE
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles, except to the extent the Federal Arbitration Act applies to Section 21.
Subject to Section 21 (Arbitration), any judicial action permitted by these Terms will be brought exclusively in the state or federal courts located in North Carolina, and you consent to the personal jurisdiction of those courts.
23. ADDITIONAL TERMS FOR APPLE APP STORE USERS
If you access the Platform through the Apple App Store, the following additional terms apply:
- These Terms are between you and Iron Club Fitness, not Apple. Apple is not responsible for the Platform or its content.
- Apple has no obligation to furnish any maintenance or support services for the Platform.
- If the Platform fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Platform.
- Apple is not responsible for addressing any claims by you or any third party relating to the Platform.
- In the event of any third-party claim that the Platform or your use of it infringes a third party's intellectual property rights, Iron Club Fitness (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- You represent that you are not located in a country subject to a U.S. government embargo, and you are not listed on any U.S. government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
24. CHANGES TO THESE TERMS
We may update these Terms from time to time. If we make material changes, we will:
- Update the Effective Date at the top of these Terms
- Provide notice in the app or by email (for significant changes)
Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the updated Terms, stop using the Platform and delete your account.
25. MISCELLANEOUS
25.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies we expressly incorporate, constitute the entire agreement between you and Iron Club Fitness regarding the Platform.
25.2 No Waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision.
25.3 Severability
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed. The remaining provisions will remain in full force and effect.
25.4 Assignment
You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely.
25.5 No Agency
Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Iron Club Fitness.
25.6 Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, strikes, or telecommunications/internet outages.
25.7 Contact Notices
Legal notices must be sent to luke.hoyle@ironclubfitness.com and/or to our physical address provided upon request.
26. CONTACT
Iron Club Fitness, LLC
North Carolina, United States
Email: luke.hoyle@ironclubfitness.com
For legal, privacy, or support inquiries, please use the email above.