Terms of Service
1. Agreement to these Terms
These Terms of Service (the "Terms") are a legally binding agreement between you and Sunset Binary LLC, an Illinois limited liability company ("Sunset Binary," "Company," "we," "us," or "our"), governing your access to and use of the True Ascent installed application, catalog, and related services (collectively, the "Service").
By creating an account, checking that you agree to these Terms and the Privacy Policy, or otherwise accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not create an account and do not use the Service. The current Terms are published at https://trueascent.app/tos. The current Privacy Policy is published at https://trueascent.app/privacy. The app shows the same text.
2. Eligibility and Health Representations
The Service is offered only to individuals who are at least 18 years of age. By using the Service you represent and warrant that you are 18 or older, that you have the legal capacity to enter this agreement, and that the information you provide is true, accurate, and complete.
To protect the Service and people under 18, we may require you to confirm your email address with a code, may use signals from your device and app store about your age and whether the app is genuine, and may refuse, suspend, or end an account that we believe belongs to someone under 18 or to an automated program. Our decision about eligibility is final as to access to the Service, except where the law requires otherwise.
By creating an account or using the Service, you confirm that a doctor has not told you that you have chest pain at rest or during activity, unexplained dizziness or loss of consciousness, a requirement for medically supervised activity only, or any other condition that would stop you from using the exercises in this app. The date and time you first accept these Terms is stored with your account.
Intake questions (including clearance questions about heart conditions, chronic medical conditions, medication, recent musculoskeletal problems, menopause, bone status, and areas to go easy on) are for informational program matching only. They are not a medical examination, not a PAR-Q+ administered by a qualified professional, and not medical clearance. We do not verify your answers. You are solely responsible for the accuracy of what you submit and for obtaining any medical advice or clearance that is appropriate for you before you train.
If the Service indicates a conservative or "refer" clearance, that is not a diagnosis and not an order to seek or avoid care. You agree to consult a qualified clinician and to use the Service only as that clinician permits. You will not use the Service if you should be under medical supervision for physical activity.
3. Not Medical Advice; No Professional Relationship
THE SERVICE PROVIDES GENERAL FITNESS INFORMATION AND CONSUMER TRAINING TOOLS. IT IS NOT A MEDICAL DEVICE, NOT HEALTH CARE, AND NOT MEDICAL, PHYSICAL-THERAPY, DIETETIC, OR OTHER PROFESSIONAL ADVICE. SUNSET BINARY IS NOT A HEALTH CARE PROVIDER. NO PHYSICIAN-PATIENT, THERAPIST-PATIENT, OR SIMILAR PROFESSIONAL RELATIONSHIP IS CREATED BY YOUR USE OF THE SERVICE.
Nothing in the catalog, cues, stills, programs, or intake flow is intended to diagnose, treat, cure, or prevent any disease or condition. Do not disregard professional medical advice, and do not delay seeking it, because of something you read or saw in the Service. If you think you are having a medical emergency, call 911 (or your local emergency number) immediately.
You should consult a physician before beginning or changing any exercise program, especially if you have a history of heart disease, high blood pressure, metabolic disease, joint or spine injury, dizziness, pregnancy, low bone mass, pelvic-floor dysfunction, or any other condition that could make unsupervised resistance training unsafe. You agree that we have no duty to monitor your health, to stop you from training, or to verify that an exercise is safe for you on a given day.
4. Assumption of Risk
Resistance training, cardio, mobility work, and related physical activity carry inherent and residual risks, including without limitation muscle and tendon strains, ligament sprains, disc and joint injury, bone fracture, pelvic-floor injury, rhabdomyolysis, cardiovascular events, fainting, and, in rare cases, paralysis or death. Risks include dropped weights, missed repetitions, equipment failure, slippery surfaces, inadequate spotting or safety arms, and errors or omissions in catalog copy, stills, or suggested progressions.
You are solely responsible for your training environment, equipment setup, collars, safety arms, spotters, and the loads you choose. You will stop if you feel pain (other than ordinary effort), chest pressure, dizziness, unusual shortness of breath, or any warning sign, and you will seek medical care when appropriate. You will not grind a failed repetition against a closed joint or an unsupported bar.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE STATE OF ILLINOIS AND ANY OTHER LAW THAT APPLIES, YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS OF INJURY, ILLNESS, DISABILITY, AND DEATH ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE AND ANY PHYSICAL ACTIVITY YOU PERFORM IN CONNECTION WITH IT, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF SUNSET BINARY, ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR LICENSORS, OR BY THE ACTS OF THIRD PARTIES. THIS ASSUMPTION DOES NOT APPLY TO FRAUD, WILLFUL OR WANTON MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
5. Release
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SUNSET BINARY LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO THE SERVICE OR TO PHYSICAL ACTIVITY PERFORMED IN CONNECTION WITH THE SERVICE, INCLUDING CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND ORDINARY NEGLIGENCE. THIS RELEASE DOES NOT APPLY TO FRAUD, WILLFUL OR WANTON MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE RELEASED UNDER ILLINOIS LAW OR OTHER APPLICABLE LAW.
6. License to Use the Service
Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Service for your own non-commercial fitness training. We and our licensors retain all right, title, and interest in the Service, including the exercise catalog, copy, stills, software, trademarks, and True Ascent wordmark. These Terms do not sell the Service to you.
You may not copy, scrape, reverse engineer, or redistribute the catalog or the Service except as the law expressly allows for interoperability; may not use the Service to provide coaching to others as a commercial offering; and may not remove proprietary notices.
7. Accounts and Security
You must keep your password confidential and are responsible for activity under your account. Notify us at [email protected] if you believe the account is compromised. We may suspend or terminate access if we reasonably believe these Terms have been violated, if we are required to do so by law, or if we discontinue the Service.
We confirm your email address with a six-digit code that we email you when you sign up, and we may email you a code again when you sign in on a device we do not recognize. An account whose address is never confirmed and that holds no saved activity is deleted after a grace period, as the Privacy Policy describes.
8. Your Content
You retain ownership of the names, intake answers, and training logs you submit ("User Content"). You grant Sunset Binary a limited, worldwide, royalty-free license to host, store, process, and display User Content solely to operate the Service for you, to secure it, and to comply with law. We do not claim a license to sell User Content or to use it for advertising.
You represent that you have the right to submit User Content and that it does not violate law or any third-party right.
9. Acceptable Use
You agree not to: (a) use the Service if you are under 18; (b) impersonate another person or misrepresent eligibility or health information; (c) probe, scan, or attack the Service, circumvent access controls, or overload our systems; (d) introduce malware; (e) use the Service for any unlawful purpose; or (f) attempt to extract the catalog or user data other than your own export.
10. Beta and Changes to the Service
The Service may be offered as a closed beta, may be interrupted, and may change or end at any time. Features may be incomplete, inaccurate, or withdrawn without notice. Catalog copy, stills, and suggested work may contain errors. You use beta features at your sole risk.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT CATALOG CUES OR STILLS ARE COMPLETE OR CORRECT FOR YOUR BODY, OR THAT YOU WILL ACHIEVE ANY TRAINING RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN THOSE JURISDICTIONS, THE EXCLUSION APPLIES TO THE MAXIMUM EXTENT PERMITTED.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR TRAINING PROGRESS, OR FOR PERSONAL INJURY OR DEATH, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SUNSET BINARY FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM (CURRENTLY ZERO) OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS DO NOT APPLY TO FRAUD, WILLFUL OR WANTON MISCONDUCT, OR LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS THE LIMITATION APPLIES TO THE MAXIMUM EXTENT PERMITTED.
13. Indemnification
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service or any physical activity you perform in connection with it; (b) your User Content or the inaccuracy of your intake or eligibility representations; (c) your training environment, equipment, or spotting; (d) your violation of these Terms or of law; or (e) your violation of any third-party right. This duty survives termination.
14. Dispute Resolution; Arbitration; Class Waiver
Except for the opt-out and carve-outs below, you and Sunset Binary agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Service (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator may award the same individualized relief a court could award. Judgment on the award may be entered in any court of competent jurisdiction.
YOU AND SUNSET BINARY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER 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 more than one person's claims or preside over any form of class or representative proceeding.
Carve-outs: either party may bring an individual action in small-claims court. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or unauthorized access to the Service. This section does not require arbitration of claims that applicable law says cannot be arbitrated.
You may opt out of this arbitration agreement within 30 days after you first accept these Terms by sending an email to [email protected] with the subject line "Arbitration Opt-Out" and the email address on your account. An opt-out does not affect any other provision of these Terms.
15. Changes to these Terms
We may revise these Terms at any time. The version identifier and effective date appear at the top of this document. For a material change, we will post the revised Terms at https://trueascent.app/tos and show the same text in the app. We may also email the address on your account. Material changes take effect on the stated effective date. Continued use of the Service after that date is acceptance of the revised Terms.
If you do not agree to a change, you may schedule your account for deletion from Field Profile, or email [email protected] to request deletion. You may email [email protected] to request a copy of your data before the account is deleted, instead of continuing to use the Service.
16. Termination
You may stop using the Service and schedule your account for deletion at any time from Field Profile (if your email address is confirmed and you are on a device we do not yet recognize, after you enter the code we email you). Deletion takes effect 14 days later, and signing in before then cancels it. You may also request deletion by emailing [email protected] from the address on the account, as described at https://trueascent.app/delete-account. We may suspend or terminate the Service or your access immediately, without prior notice, if you breach these Terms, if we reasonably believe it is necessary to protect the Service or others, or if we discontinue the Service. On termination your license ends. Sections that by their nature should survive (including eligibility representations, assumption of risk, release, disclaimers, limitation of liability, indemnity, arbitration, and this survival sentence) will survive.
17. Governing Law and Venue
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law rules, and by the Federal Arbitration Act as to Section 14. Subject to the arbitration agreement, exclusive venue for any court proceeding lies in the state or federal courts located in Illinois, and you and Sunset Binary consent to personal jurisdiction there. If the law of your residence requires that consumer contracts be heard in that jurisdiction, that requirement controls to the extent it cannot be waived.
18. Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and Sunset Binary regarding the Service and supersede prior understandings on that subject. If a provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms. We may assign them in connection with a reorganization, merger, or transfer of the Service. Headings are for convenience only. Contact: [email protected]. Sunset Binary LLC, State of Illinois, United States.