Terms of Service

1. Agreement to Terms

By downloading, accessing, or using SufferClub (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms are a legal agreement between you and Pretty Good Software Company, LLC ("we," "us," or "our"). Our Privacy Policy is incorporated into these Terms by reference and governs how we handle your data.

2. Eligibility

You must be at least 13 years old to use SufferClub (16 in the European Economic Area and United Kingdom). If you are under 18, you must have the consent of a parent or legal guardian. By using the Service, you represent that you meet these requirements.

3. Account Registration

• You are responsible for keeping your account information accurate and up to date.
• You are responsible for maintaining the security of your login credentials.
• You must notify us promptly of any unauthorized access to your account.
• Each account is for a single individual. Shared or multi-person accounts are not permitted.

4. Service Description

SufferClub is a real-time collaborative workout application. You can build custom workouts, host and join live sessions with other users, broadcast your heart rate, and compete on leaderboards. The Service is available on iOS, Android, and the web.

We may modify, suspend, or discontinue any part of the Service at any time. We will make reasonable efforts to notify you of material changes, but we are not obligated to maintain any particular feature.

5. Subscription Plans and Payments

5.1 Free Tier

The free tier includes: joining any workout session, hosting sessions with up to 3 participants, heart rate broadcasting, post-workout statistics, and leaderboard access.

5.2 Pro Tier

The Pro tier ($4.99/month or $39.99/year) adds: hosting larger sessions, the custom workout builder, workout library and history, and advanced analytics.

5.3 Payment Terms

• All subscriptions are processed through the Apple App Store or Google Play Store and are subject to the respective store's payment terms.
• Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current billing period.
• To manage or cancel your subscription, use your device's subscription settings (not through us).
• We may change subscription pricing with advance notice. Price changes will not affect your current billing period.
• Refunds are handled in accordance with the policies of Apple or Google, as applicable.

6. Health and Fitness Disclaimer

7. Real-Time Session Participation

• When you join a workout session, other participants can see your display name and performance data.
• If you enable heart rate broadcasting, other participants can see your real-time heart rate during the session.
• You are responsible for your own physical safety during workouts.
• SufferClub is not responsible for the content or safety of workouts created by other users. Use your judgment before attempting any workout.

8. User Conduct

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Harass, abuse, threaten, or harm other users
• Create workouts or content with offensive, hateful, or inappropriate names or descriptions
• Attempt to reverse engineer, decompile, or hack the Service
• Impersonate any person or entity
• Use automated systems, bots, or scrapers to access the Service
• Interfere with or disrupt the Service or its infrastructure

We may suspend or terminate your account for violations of these rules.

9. User-Generated Content

You retain ownership of content you create on SufferClub, including custom workouts. By creating content on the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content as necessary to operate the Service (for example, to display your workout to session participants).

We reserve the right to remove content that violates these Terms. You represent that any content you create does not infringe the rights of others.

10. Intellectual Property

The SufferClub name, logo, application design, and underlying code are the property of Pretty Good Software Company, LLC. You may not copy, modify, distribute, or create derivative works from our intellectual property without prior written permission.

If you provide feedback or suggestions about the Service, we may use them without any obligation to you.

11. Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by applicable law:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
• Our total aggregate liability to you for any claims arising from the Service is limited to the greater of (a) the amount you have paid us in the 12 months preceding the claim, or (b) $50.
• We specifically disclaim liability for injuries sustained during workouts, inaccurate health or fitness data, data loss, or actions taken by other users.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the minimum extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless Pretty Good Software Company, LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

13. Termination

• You may delete your account at any time through the app settings or by contacting us at hello@sufferclub.fit.
• We may suspend or terminate your access if you violate these Terms, with notice where practicable.
• Upon termination, your right to use the Service ceases immediately.
• Sections relating to limitation of liability, indemnification, dispute resolution, and intellectual property survive termination.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to conflict of law principles.

14.2 Informal Resolution

Before filing any formal proceeding, you agree to first attempt to resolve any dispute by contacting us at hello@sufferclub.fit. We will work in good faith to resolve the matter within 30 days.

14.3 Binding Arbitration

If informal resolution fails, any dispute will be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA). Arbitration will take place in Massachusetts or, if permitted by AAA rules, via telephone or video conference.

14.4 Class Action Waiver

You agree to resolve disputes with us on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding.

14.5 Exceptions

Either party may bring claims in small claims court if eligible. Nothing in this section prevents us from seeking injunctive relief for intellectual property infringement. Some jurisdictions may not permit mandatory arbitration; in those cases, these provisions apply to the extent permitted by law.

15. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' advance notice via in-app notification or email. Continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

If you disagree with any changes, your remedy is to stop using the Service and delete your account.

16. General Provisions

• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Waiver: Our failure to enforce any right or provision does not waive that right or provision.
• Assignment: We may assign these Terms. You may not assign your rights without our prior written consent.

17. Contact Us

If you have questions about these Terms, please reach out:

• Pretty Good Software Company, LLC
• Email: hello@sufferclub.fit
• Web: sufferclub.fit