Terms of Service & End User License Agreement

1. Acknowledgement

You and the Company acknowledge that this Agreement is concluded between you and the Company only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). The Company, not Apple or Google, is solely responsible for the Licensed Application and the content thereof. This Agreement may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions or the Google Play Terms of Service as of the date you enter into this Agreement.

2. License Grant & Scope

The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Licensed Application on any compatible device that you own or control. For Apple devices, this license is subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions, and the Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing programs. For Android devices, this license is subject to the Google Play Terms of Service, and the Licensed Application may be accessed and used by other accounts associated with the purchaser via Google Play Family Library or other applicable sharing features.

You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy (except as expressly permitted by this Agreement and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Licensed Application).

3. Acceptance of Terms

By downloading, installing, or using the Licensed Application and Services, you agree to be bound by this Agreement. If you do not agree to these terms, do not download, install, or use the Licensed Application. We reserve the right to update or modify this Agreement at any time, and any changes will be effective upon posting. Your continued use of the Licensed Application following any changes constitutes your acceptance of the revised Agreement.

4. Description of Service

NinjaTrainer is a training and coaching platform that provides:

• Personalized training plans and workouts
• Progress tracking and performance analytics
• Coach-athlete communication tools
• Course creation and management
• Team management features
• Event planning and coordination
• Gym directory and discovery
• Video recording and skill tracking

5. User Accounts & Registration

Account Creation

• You must provide accurate and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access or use of your account
• One person may not maintain multiple accounts
• You are responsible for all activity that occurs under your account

Age Requirements

• Users under 18 years of age must have verifiable parental or guardian consent to use the Licensed Application
• Parents and guardians are responsible for their minor children's use of the Service and agree to be bound by this Agreement on their behalf
• We reserve the right to verify age and parental consent at any time and to terminate accounts that do not comply

6. Acceptable Use

You Agree To:

• Use the Licensed Application for lawful purposes only
• Respect other users and maintain appropriate conduct at all times
• Follow all safety guidelines and instructions
• Provide accurate health and fitness information
• Respect intellectual property rights of all parties

You Agree NOT To:

• Violate any applicable laws or regulations
• Harass, threaten, abuse, or harm other users
• Upload, share, or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable, including but not limited to content that depicts child exploitation or abuse, non-consensual imagery, illegal substances, or illegal activities
• Attempt to hack, disrupt, or interfere with the Licensed Application, its servers, or connected networks
• Use the Licensed Application for unauthorized commercial purposes
• Share your account credentials with others
• Use automated systems (bots, scrapers, etc.) to access the Licensed Application
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Upload or transmit viruses, malware, or any other malicious code

7. Safety, Medical Disclaimers & Assumption of Risk

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.

Physical training activities, including but not limited to ninja warrior training, parkour, obstacle course training, and gymnastics, carry inherent risks of injury or death. By using the Licensed Application, you expressly acknowledge and assume all risks associated with participating in any physical training, exercise, or activity suggested by, tracked by, or facilitated through the Licensed Application.

• Always consult with a qualified healthcare professional before starting any training program, especially if you have pre-existing medical conditions
• You voluntarily assume all risks of injury, illness, or death that may result from training activities
• The Company is not responsible for injuries, damages, or death that may occur during training, whether or not related to use of the Licensed Application
• Stop exercising immediately if you experience pain, dizziness, discomfort, or shortness of breath
• Ensure proper adult supervision at all times, especially for minors
• Use appropriate safety equipment and follow all safety protocols at your training facility
• The Licensed Application does not provide medical advice and is not a substitute for professional medical guidance

YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING FROM OR RELATED TO YOUR PARTICIPATION IN ANY PHYSICAL ACTIVITIES, WHETHER OR NOT SUCH ACTIVITIES WERE SUGGESTED BY, TRACKED BY, OR FACILITATED THROUGH THE LICENSED APPLICATION.

8. Payment & Subscriptions

• Certain features of the Licensed Application require a paid subscription. Subscription fees are billed in advance on a recurring basis
• Prices are subject to change with at least 30 days' prior notice
• Refunds are handled according to the applicable platform policies (Apple App Store, Google Play Store)
• You may cancel your subscription at any time through your device's subscription management settings
• Upon cancellation, your access to paid features continues until the end of the current billing period
• Failure to pay any fees may result in suspension or termination of your access to paid features

9. User Content

You retain ownership of all content you create, upload, or transmit through the Licensed Application ("User Content"), including but not limited to videos, photos, training data, course designs, and text.

• You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and display your User Content solely for the purpose of providing and improving the Services
• You represent and warrant that you own or have the necessary rights to all User Content you submit and that it does not infringe or violate any third party's rights or any applicable law
• You represent and warrant that your User Content does not contain any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or depicts illegal activity, child exploitation or abuse, or non-consensual imagery
• You are solely responsible for all User Content you upload, and you bear all risks associated with its use or disclosure. The Company does not endorse, verify, or assume any responsibility for User Content
• We may, but are not obligated to, monitor, review, or screen User Content at any time and for any reason, including to ensure compliance with this Agreement and applicable law
• We may remove or disable access to any User Content at any time and without prior notice if we determine, in our sole discretion, that it violates this Agreement, is illegal, or is otherwise objectionable
• We reserve the right to report any illegal User Content to the appropriate law enforcement authorities and to cooperate fully with any law enforcement investigation, including by disclosing the identity of the user who uploaded such content. We may also preserve User Content and account data when required by law or when we believe in good faith that preservation is necessary for legal proceedings
• If you encounter User Content that you believe is illegal or violates this Agreement, you are encouraged to report it to us immediately using the contact information in Section 27
• You are solely responsible for maintaining backup copies of your User Content. The Company is not liable for the loss, corruption, or removal of any User Content

Copyright Infringement & DMCA

If you believe that any User Content infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the following information in writing to our designated agent at the contact information in Section 27: (a) a description of the copyrighted work you claim has been infringed; (b) a description of the material you claim is infringing and its location within the Licensed Application; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature.

We will respond to valid DMCA notices and may remove or disable access to the allegedly infringing content. Repeat infringers will have their accounts terminated.

10. Intellectual Property

All content, features, functionality, trademarks, trade names, logos, and trade dress of the Licensed Application are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This Agreement does not grant you any rights to use the Company's trademarks, logos, or other brand features.

11. Intellectual Property Infringement Claims

The Company and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of the Licensed Application infringes that third party's intellectual property rights, the Company, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

12. Maintenance & Support

The Company is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. You and the Company acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Support requests and inquiries may be directed to the Company using the contact information provided at the end of this Agreement.

13. Warranty

THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

The Company does not warrant that the Licensed Application will be uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected. No oral or written information or advice given by the Company shall create a warranty.

In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify the applicable platform provider (Apple for iOS devices; Google for Android devices), and the platform provider may refund the purchase price for the Licensed Application to the End-User, in accordance with their respective refund policies. To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.

14. Product Claims

You and the Company acknowledge that the Company, not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of the Licensed Application, including but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

15. Legal Compliance

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

16. Third-Party Terms

You must comply with applicable third-party terms of agreement when using the Licensed Application. For example, if you use a VoIP application, you must not be in violation of your wireless data service agreement when using the Licensed Application. Additionally, any third-party services, APIs, or content accessed through the Licensed Application are subject to their own respective terms of service and privacy policies, and the Company is not responsible for any third-party services.

17. Third-Party Beneficiary

You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

Similarly, Google and its subsidiaries are third-party beneficiaries of this Agreement to the extent required by the Google Play Developer Distribution Agreement, and upon your acceptance of this Agreement, Google will have the right to enforce this Agreement against you as a third-party beneficiary thereof.

18. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, store, and protect your information. By using the Licensed Application, you consent to our collection and use of data as described in the Privacy Policy. The Privacy Policy is incorporated into this Agreement by reference.

19. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt (including but not limited to attorney's fees) arising from: (a) your use of and access to the Licensed Application or Services; (b) your violation of any term of this Agreement; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (d) any claim that your User Content caused damage to a third party; or (e) your participation in any physical training, exercise, or activity, whether or not related to the Licensed Application.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE LICENSED APPLICATION OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY PHYSICAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR PARTICIPATION IN TRAINING ACTIVITIES.

THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE LICENSED APPLICATION SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS (USD $50.00).

21. Termination

We may suspend or terminate your account and access to the Licensed Application immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of any provision of this Agreement
• Engaging in harmful, abusive, or inappropriate behavior
• Failure to pay required subscription fees
• Attempts to circumvent security features or exploit the Licensed Application
• Extended inactivity

Upon termination, your right to use the Licensed Application will immediately cease. Sections of this Agreement that by their nature should survive termination shall survive, including but not limited to Sections 7, 9, 10, 11, 13, 14, 19, 20, and 23.

22. Dispute Resolution & Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language.

CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

23. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in the State of Florida.

24. Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, labor disputes, equipment failures, internet or telecommunications outages, or shortages of transportation, facilities, fuel, energy, labor, or materials.

25. Changes to This Agreement

We reserve the right to modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement within the Licensed Application, on our website, or by sending you an email notification. Changes become effective upon posting unless otherwise specified. Your continued use of the Licensed Application after the effective date of any changes constitutes your acceptance of the revised Agreement.

26. General Provisions

Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Company regarding the Licensed Application and supersedes all prior agreements and understandings.

Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

No Waiver. The Company's failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.

Assignment. You may not assign or transfer this Agreement or your rights hereunder without the prior written consent of the Company. The Company may freely assign this Agreement without restriction.

27. Developer Contact Information

If you have any questions, complaints, or claims with respect to the Licensed Application, please contact us at: