These End-User Terms of Use (these “Terms”) are an agreement between you (“you” or “your”) and My Strength Book Inc. (“MyStrengthBook”, “we”, “us” or “our”). They govern your use of the MyStrengthBook applications and services, including the PULL, PUSH, PRESS, and PERFORM products and any associated or branded apps (together, the “Service”).

BY CREATING AN ACCOUNT, CLICKING “I AGREE”, OR USING THE SERVICE, YOU AGREE TO THESE TERMS. If you do not agree, do not use the Service. Please also read our Privacy Policy at mystrengthbook.com/privacy, which explains how your information is handled.

1. ABOUT THESE TERMS — WHO PROVIDES YOUR EXPERIENCE

MyStrengthBook provides the underlying technology for the Service. In many cases, the coach, trainer, content creator, gym, or business that you signed up with (your “Provider”) uses MyStrengthBook to deliver their services to you. Depending on how you access the Service:

with PULL, your Provider is the coach who manages your one-to-one coaching;
with PUSH, your Provider is the coach or creator whose programs, content, or subscription you purchased or joined;
with PERFORM, your Provider is the gym or business whose member training app you are using; and
with PRESS, your Provider is the gym or business that manages your membership or account.

Your Provider sets its own programs, pricing, and policies, and may have its own terms and privacy notice that also apply to you. Your Provider may be able to access, manage, and communicate with you about your account and data in order to deliver its services. Questions or disputes about your Provider’s services, programs, advice, or charges are between you and your Provider. If your Provider stops using MyStrengthBook, your access to the Service through that Provider may end.

2. KEY TERMS

“Personal Information” means information about you that is protected under applicable privacy laws.

“Provider” means the coach, trainer, creator, gym, or business through which you access the Service, as described in Section 1.

“Your Content” means data, photographs, videos, comments, text, files, measurements, and other information that you submit to or generate within the Service.

3. ELIGIBILITY AND AGE

You must be at least 15 years old to use the Service. If you are under the age of majority in your province, territory, or country (for example, 18 in Alberta), you may use the Service only if a parent or legal guardian consents to these Terms on your behalf, agrees to supervise your use, and accepts the health, safety, and assumption-of-risk provisions in Section 8 on your behalf. Where you access the Service through a Provider (such as a coach, trainer, or gym), your Provider is responsible for obtaining and retaining that consent before giving you access. You represent that you have the legal capacity to enter into these Terms, or that a parent or legal guardian has done so on your behalf.

4. YOUR ACCOUNT AND SECURITY

You are responsible for maintaining the confidentiality of your login credentials and for activity under your account. Keep your credentials secure, and notify us or your Provider promptly of any unauthorized use. You are responsible for the accuracy of the information you provide.

5. YOUR RIGHT TO USE THE SERVICE

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable right to access and use the Service for your own personal, non-commercial use in connection with your Provider’s services. You shall not:

copy, modify, distribute, sell, rent, sublicense, or commercially exploit the Service;
reverse engineer, decompile, or disassemble any part of the Service, except where this restriction is prohibited by law;
access or use another person’s account or data without authorization, or scrape or harvest data;
upload malicious code or interfere with the operation or security of the Service; or
use the Service unlawfully or in violation of others’ rights.

6. YOUR CONTENT

(a) Ownership. You keep ownership of Your Content.

(b) License to operate the Service. You grant MyStrengthBook and your Provider a non-exclusive, worldwide license to host, store, process, transmit, and display Your Content as needed to operate and provide the Service to you and to your Provider. This license ends when Your Content is deleted, except for backups retained in the ordinary course and as required by law.

(c) Responsibility. You are responsible for Your Content and represent that you have the rights necessary to submit it and that it does not infringe others’ rights or violate law.

(d) Sharing. If you choose to share content using a “Share” or similar feature, you authorize the modifications necessary to make that content accessible (for example, by link) to the people or platforms you direct it to. We are not responsible for how third parties use content you choose to share.

7. PRIVACY AND YOUR DATA

Our Privacy Policy at mystrengthbook.com/privacy describes how we collect, use, and protect your information and is incorporated into these Terms. In addition:

(a) Provider access. Your Provider may access and use your information to deliver its services to you, and your Provider’s own privacy practices apply to its use of your information.

(b) Aggregated, de-identified data. We do not share your Personal Information with third parties for their own purposes, and we do not sell it. We disclose it only as needed to provide the Service (such as to hosting and payment providers acting on our behalf), with your Provider as described in these Terms, or as required by law. We may create de-identified, aggregated data from activity on the Service and use it internally to operate, secure, and improve the Service and to highlight general business or training statistics. We will not use this data to identify you, attempt to re-identify you, disclose your identifiable Personal Information, or use it for formal external publications.

(c) Security. We use reasonable safeguards to protect your information, but no system is completely secure, and we cannot guarantee absolute security.

(d) Your choices. You may have rights to access, correct, or delete your Personal Information. Contact us at info@mystrengthbook.com or your Provider to exercise them.

8. HEALTH, FITNESS, AND SAFETY

PLEASE READ THIS SECTION CAREFULLY. The Service and its content are provided for general informational and educational purposes only and are not medical, health, or professional advice. MyStrengthBook is not a medical organization and does not provide medical advice, diagnosis, or treatment.

(a) Consult a professional. Consult a qualified physician or healthcare professional before beginning, changing, or continuing any exercise, training, or nutrition program, particularly if you have any medical condition, are pregnant, are injured, or have any concern about your fitness to participate. Do not disregard professional advice because of anything in the Service.

(b) Assumption of risk. Strength sports, fitness, and physical training activities are inherently physically demanding and carry a risk of serious injury or, in rare cases, death. To the extent permitted by law, you voluntarily choose to participate and assume the risks of participation. Stop and seek medical attention if you experience pain, dizziness, or discomfort.

(c) Your Provider’s services. Your Provider, not MyStrengthBook, is responsible for the coaching, programs, and advice it gives you. To the extent permitted by law, MyStrengthBook is not responsible for advice or services provided by Providers.

9. FEES AND PAYMENT

Some features or access are paid. Depending on how you signed up, you may pay MyStrengthBook directly, pay your Provider, or pay through an app store (for example, Apple or Google).

(a) Subscriptions and renewal. Paid subscriptions automatically renew for successive periods until cancelled, and you authorize the applicable charge on each renewal date, unless you cancel before the renewal as described at checkout or in your account settings.

(b) Cancellation. You may cancel a subscription at any time, effective at the end of the current billing period. Where you purchased through an app store, manage and cancel through that store.

(c) Refunds. Except where required by applicable consumer-protection law or by the rules of the app store through which you purchased, payments are non-refundable. Nothing in these Terms limits any non-waivable statutory rights you have.

(d) Price changes. We or your Provider may change prices on a going-forward basis with notice before the change takes effect.

10. ACCEPTABLE USE

You agree not to use the Service to: post unlawful, harmful, harassing, or infringing content; impersonate others; collect others’ information without consent; or engage in any activity that disrupts or harms the Service or other users. We may remove content or suspend accounts that violate these Terms.

11. INTELLECTUAL PROPERTY

MyStrengthBook and its licensors own the Service and all software, content, designs, methodologies, templates, and other intellectual property in it (excluding Your Content). These Terms grant you only the limited rights expressly stated, and do not transfer any ownership to you.

12. APP STORES AND THIRD-PARTY SERVICES

If you access the Service through an application store, you must comply with the store’s terms, and the following apply to the extent your use is via Apple’s App Store: these Terms are between you and MyStrengthBook (not Apple); Apple has no obligation to provide support or maintenance for the Service; Apple is not responsible for any product warranties or claims relating to the Service; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Equivalent terms apply to other application stores. The Service may also link to or integrate third-party services, which are governed by their own terms and which we do not control.

13. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that content is accurate or complete. Nothing in these Terms excludes warranties or rights that cannot be excluded under applicable law.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSTRENGTHBOOK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS OR DATA. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO MYSTRENGTHBOOK FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (ii) CAD $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you, and you may have additional rights.

15. INDEMNIFICATION

To the extent permitted by law, you will indemnify and hold harmless MyStrengthBook from claims and losses arising out of Your Content, your use of the Service in breach of these Terms or applicable law, or your violation of another person’s rights.

16. SUSPENSION AND TERMINATION

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required for security or legal reasons, or if your Provider’s relationship with MyStrengthBook ends. On termination, your right to use the Service ends; sections that by their nature should survive (including ownership, disclaimers, limitation of liability, and indemnification) will survive. Information handling on termination is described in our Privacy Policy.

17. CHANGES TO THESE TERMS

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or an in-product notice) and, where appropriate or required, ask you to accept the updated Terms. Changes take effect on the date stated in the notice, and your continued use of the Service after that date means you accept the updated Terms. If you do not agree, you should stop using the Service.

18. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules, and you agree to the jurisdiction of the courts located in Alberta, Canada, except where applicable mandatory consumer-protection law gives you the right to bring proceedings in your place of residence.

19. GENERAL

These Terms (and the Privacy Policy and any Provider terms that apply to you) are the entire agreement between you and MyStrengthBook regarding the Service. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an Affiliate or successor. We are not liable for delays or failures caused by events beyond our reasonable control.

MYSTRENGTHBOOK END-USER TERMS OF USE