PeakHaus Terms of Service

These Terms of Service ("Terms") govern your access to and use of the mobile and web applications published by PeakHaus ("PeakHaus," "we," "us," or "our"), including StackTrackr, RepRoll, and any other applications distributed under the PeakHaus brand (each, an "App," and collectively, the "Apps"). By downloading, installing, or using any App, you agree to be bound by these Terms. If you do not agree, do not use the Apps.

1. Eligibility

You must be at least 18 years old to use the Apps. By using the Apps, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.

2. Your Account

Some features of the Apps require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly at support@peakhaus.io if you suspect unauthorized access. We may suspend or terminate accounts that violate these Terms.

3. License

Subject to these Terms, PeakHaus grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Apps on devices you own or control, for your personal, non-commercial use. All rights not expressly granted are reserved.

You may not: (a) copy, modify, or create derivative works of the Apps; (b) reverse-engineer, decompile, or attempt to extract source code, except where expressly permitted by law; (c) rent, lease, lend, sell, or sublicense the Apps; (d) remove or alter any proprietary notices; (e) use the Apps to build a competing product; or (f) use automated means to access the Apps other than as permitted.

4. Subscriptions and Purchases

Certain features of the Apps may require a paid subscription or one-time purchase processed through the applicable app store (such as the Apple App Store). Pricing, billing cycles, and renewal terms are displayed at the point of purchase and governed by the app store's terms. Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period. You may cancel or manage subscriptions through your app store account settings. Except as required by law, payments are non-refundable, and refunds are handled by the app store in accordance with its policies.

5. User Content

You retain ownership of the content you create, log, or upload in the Apps ("User Content"). You grant PeakHaus a worldwide, non-exclusive, royalty-free license to host, store, process, and display your User Content solely as needed to provide and improve the Apps. You are solely responsible for your User Content and represent that you have the rights necessary to submit it.

6. Acceptable Use

You agree not to use the Apps to: (a) violate any law, regulation, or third-party right; (b) upload or transmit harmful, infringing, or unlawful content; (c) interfere with or disrupt the Apps, our servers, or networks; (d) attempt to gain unauthorized access to any portion of the Apps; or (e) use the Apps in any way that could damage, disable, or impair our services or any other user's experience.

7. Health and Fitness Disclaimer

The Apps may include features that help you track fitness, nutrition, wellness, supplementation, or related activities. The Apps are informational tools, not medical devices, and do not provide medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before starting, changing, or stopping any health-related regimen. You are solely responsible for decisions you make based on information displayed in the Apps. Do not use the Apps as a substitute for professional medical care or in an emergency.

8. Third-Party Services

The Apps may link to or integrate with third-party websites, platforms, or services (such as Apple HealthKit, payment processors, or analytics providers). We do not control third-party services, and their availability, content, and practices are governed by their own terms. Your use of third-party services is at your own risk.

9. Intellectual Property

The Apps and all associated materials — including software, designs, text, graphics, logos, and trademarks — are owned by PeakHaus or our licensors and are protected by intellectual property laws. Except for the limited license in Section 3, these Terms do not grant you any rights in our intellectual property.

10. Feedback

If you submit suggestions, ideas, or feedback about the Apps, you grant PeakHaus a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

11. Updates and Changes

We may release updates, patches, and new versions of the Apps from time to time. We may also modify, suspend, or discontinue features at any time, with or without notice. We will make reasonable efforts to notify users of material changes that adversely affect core functionality.

12. Termination

You may stop using the Apps at any time by deleting your account and uninstalling the Apps. We may suspend or terminate your access to the Apps if you violate these Terms, if we are required to do so by law, or if we discontinue an App. Sections that by their nature should survive termination will survive (including Sections 5, 9, 10, 13, 14, 15, and 16).

13. Disclaimers

THE APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKHAUS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APPS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR RELIABLE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKHAUS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE APPS. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PEAKHAUS FOR THE APPLICABLE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions may not apply, and you may have additional rights.

15. Indemnification

You agree to indemnify and hold harmless PeakHaus and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Apps, (b) your User Content, or (c) your violation of these Terms or any applicable law.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Except where prohibited by law, any dispute arising out of or related to these Terms or the Apps will be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts. Nothing in this section limits any non-waivable statutory rights you may have in your country of residence.

17. Apple App Store Terms

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

• These Terms are between you and PeakHaus only, not with Apple. Apple is not responsible for the Apps or their content.
• Apple has no obligation to provide maintenance or support for the Apps.
• If an App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Apps.
• PeakHaus (not Apple) is solely responsible for addressing any claims relating to the Apps, including product liability claims, claims that the Apps fail to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or similar laws.
• PeakHaus (not Apple) is responsible for investigating, defending, settling, and discharging any third-party intellectual property infringement claim related to the Apps.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and provide notice through reasonable means. Your continued use of the Apps after changes take effect constitutes acceptance of the revised Terms.

19. Contact

Questions about these Terms can be directed to:

PeakHaus Email: support@peakhaus.io