TERMS OF SERVICE

Last Updated as of August 2025

If you do not understand any of the terms of this Agreement, please contact us before using the Services.

1. Definitions and Interpretation

Unless otherwise defined herein, or the context otherwise dictates, capitalized terms used in the Terms of Service shall have the indicated meanings set forth in Exhibit “A” attached hereto.

2. Acceptance

a. By directly or indirectly accessing or making use of the Services of Outright Fitness LLC. (the “Vendor”), and/or by clicking the acceptance button, you: (i) signify your agreement to be bound by the terms and conditions set out in this Terms of Service (including its Exhibit) and the Vendor’s privacy policy found at https://outrightfitnessapp.com/privacy-policy/ incorporated herein by reference (collectively, the “Terms of Service”); and (ii) represent and warrant that you are older than 18 years of age and that you have, and at all times shall have, the necessary power, capacity, and authority to enter into, abide by, comply with, and perform your obligations under the Terms of Service.

b. The Vendor reserves the right, at its sole discretion, to amend the Terms of Service at any time and without notice. The most current version will always be available at https://outrightfitnessapp.com/legal. You acknowledge and agree that continued use of the Services following any amendment signifies your acceptance of the updated Terms of Service.

c. Subject to the Terms of Service, if you do not agree to the Terms of Service or any subsequent amendments, you and your Agents cannot use the Services, and any Terms of Service previously entered into must forthwith be terminated by you pursuant to Section 15(a).

3. Special Consents and Acknowledgments

a. YOU ACKNOWLEDGE AND AGREE THAT:

i. IF YOU HAVE AN EMERGENCY, URGENT HEALTH CONCERN, OR NEED TO OBTAIN MEDICAL ADVICE, YOU SHOULD REFRAIN FROM USING THE SERVICES AND SHOULD IMMEDIATELY CONTACT YOUR PHYSICIAN OR GO TO THE NEAREST HOSPITAL;

ii. THE INFORMATION CONTAINED WITHIN THE SERVICES AND THE CONTENT IS GENERAL IN NATURE, AND NOTHING CONSTITUTES MEDICAL ADVICE. YOU SHOULD NOT RELY ON ANYTHING CONTAINED WITHIN THE SERVICES AS A SUBSTITUTE FOR APPROPRIATE MEDICAL CARE OR TIMELY CONTACT WITH YOUR PHYSICIAN;

iii. THE VENDOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING WORKOUT PLANS, EXERCISE VIDEOS, OR TRAINERS, AND YOUR INTERACTIONS WITH TRAINERS ARE AT YOUR OWN RISK;

iv. YOU SHOULD NEVER CHANGE OR STOP ANY COURSE OF MEDICAL TREATMENT WITHOUT FIRST CONSULTING YOUR PHYSICIAN; AND

v. PARTICIPATING IN ANY EXERCISE PROGRAM OR DIET CAN CAUSE INJURY, AND YOU CHOOSE TO DO SO AT YOUR OWN RISK.

4. License to Use Services

a. Subject to your compliance with the Terms of Service, the Vendor grants you a revocable, personal, non-exclusive, non-sublicensable, non-assignable, and non-transferable license to use the Services procured or purchased by you.

b. All right, title, interest, and intellectual property rights in the Services and Vendor trademarks remain the exclusive property of the Vendor and its licensors.

c. The Vendor reserves all rights not expressly granted to you in the Terms of Service.

5. Information and Access IDs

a. To use the Services, you must provide accurate and complete information, including your full legal name, address, email, and phone number. You may also be asked to provide payment details for any Fees and Charges related to the Services.

b. You agree to: (i) maintain the security of your Access IDs, (ii) prevent unauthorized access to the Services, and (iii) promptly notify the Vendor of any unauthorized access.

6. Payment Processing

Payment processing services are provided by Stripe and PayPal (the “Payment Processing Services Providers”). You authorize the Vendor to share financial information with these providers as necessary for payment processing. The Vendor is not responsible for the actions or errors of these third-party providers.

7. Payment of Fees to Vendor

a. If you are an Outright Fitness Customer, you agree to:

i. PAY MONTHLY FEES BASED ON YOUR SUBSCRIPTION PLAN. SUBSCRIPTIONS ARE MONTH-TO-MONTH WITH NO CONTRACT. YOU MUST CANCEL YOUR SUBSCRIPTION BY LOGGING INTO YOUR ACCOUNT BEFORE YOUR NEXT BILLING DATE. ALL ACCOUNTS ARE SELF-MANAGED.

ii. The Vendor offers 3-7 day trial periods for certain services. After the trial, subscriptions will automatically renew unless cancelled by you.

iii. If you fail to pay Fees, the Vendor may suspend or terminate your access to the Services, and interest may be charged on overdue amounts at 10% per annum or the highest legal rate.

iv. All payments are non-refundable, and you agree to pay all applicable taxes and fees.

8. Products and Services, Trainerize Pay, and Payment Facilitation

a. As a Trainee, you agree that any charges for services or goods received through the Services are non-refundable unless determined otherwise by the Vendor.

b. As a Service Provider, you agree to comply with the terms and fees of the Payment Processing Services Providers.

9. General Use of the Services – Permissions and Restrictions

a. You shall not use the Services to violate the rights of others or engage in illegal activities.

b. You shall not interfere with the Services or their associated networks.

c. You shall not:

• Use the Services to harass, abuse, or harm others
• Attempt to reverse-engineer or replicate any part of the Services
• Use the Services for spamming or misleading marketing
• Misrepresent your affiliation with Outright Fitness

10. Content

All videos are hosted via YouTube. By using the Services, you agree to comply with YouTube’s Terms of Service. The Vendor uses Zapier for automation processes, and your data may pass through these services.

11. Termination, Modification, and Suspension

The Vendor may terminate, suspend, or modify your access to the Services at any time without notice for any reason, including failure to comply with these Terms of Service.

12. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS,” AND THE VENDOR MAKES NO WARRANTIES REGARDING THE SERVICES OR CONTENT PROVIDED.

13. Limitation of Liability

THE VENDOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

14. Indemnity by You

You agree to indemnify and hold harmless the Vendor from any claims or damages arising from your use of the Services.

15. Updates and Availability of Services

The Vendor may provide updates to the Services at its discretion. The Services may be interrupted for maintenance or other reasons.

16. Contact the Vendor

If you have any questions, complaints, or claims, please contact us at fitapp@outrightfitness.com.

17. Affiliate Program Terms

a. To join the Affiliate Program, you must be at least 18 years of age and have an active account with Outright Fitness.

b. Commission structures, including but not limited to rates on initial and recurring purchases, are determined solely by the Vendor and are subject to change at any time without notice. The current commission structure may be communicated through the affiliate dashboard or official program materials.

c. Payouts may be processed either automatically or manually and will be made using payment methods and schedules designated by the Vendor. Minimum payout thresholds may apply. The Vendor reserves the right to modify payout timing, frequency, and method at its discretion.

d. Affiliates are responsible for complying with all applicable laws and advertising regulations. Affiliates must not engage in spam, false or misleading claims, or use unauthorized branding or representations of Outright Fitness.

e. The Vendor reserves the right to review, suspend, or terminate any affiliate’s participation at any time and for any reason, including but not limited to suspected fraud, policy violations, or unethical conduct.

18. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes arising from the Terms of Service shall be resolved exclusively in the state or federal courts located in Travis County, Texas.

EXHIBIT “A”
DEFINITIONS AND INTERPRETATION

“Access IDs” means the unique identification names and corresponding passwords assigned to a Outright Fitness Customer and the Trainers and Trainees who have been authorized to access and use the Services procured by such Outright Fitness Customer, and allowing such persons to access and use the Services, and “Access ID” shall be construed accordingly.

“Agents” means, with respect to a Party, such Party’s agents, employees, consultants, contractors and/or other authorized representatives, and “Agent” shall be construed accordingly.
“Content” means any material posted on, submitted on, uploaded to, made available to and/or appearing on the Services, including without limitation, data, information, text, graphics, photos, videos, charts, or location information.

“Fee Schedule” means the Vendor’s fee schedule, as provided by the Vendor to certain users of the Services from time to time, setting out the cost of the respective Usage Plans, and/or the cost of the respective In-Application Purchases, as applicable.

“In-Application Purchases” means the supplementary products, services and/or functionality offered for sale by the Vendor, which is not otherwise included in the cost of the Usage Plan subscribed to by a Outright Fitness Customer.

“Parties” means the parties to the Terms of Service, and “Party” shall be construed accordingly.

“Services” means the services offered or made available by the Vendor, including without limitation the Trainerize software as a service platform, and any website, application or widget associated therewith, as modified by the Vendor by way of Updates from time to time.

“Trainee” means a person directly or indirectly accessing or making use of the Services procured by a Outright Fitness Customer as a trainee, including without limitation, for the purpose of accessing, obtaining or otherwise acquiring fitness training services from the Outright Fitness Customer and/or a Trainer, and “Trainees” shall be construed accordingly.

“Trainer” means a person directly or indirectly accessing or making use of the Services procured by a Outright Fitness Customer as a trainer, including without limitation, for the purpose of offering, providing or otherwise furnishing fitness training services to one or more Trainees, and “Trainers” shall be construed accordingly.

“Trial Subscription Plans” means the free or discounted Subscription Plans, and “Trial Subscription Plan” shall be construed accordingly.

“Outright Fitness Customer” means a person who procures Services from the Vendor, including without limitation, by placing an order for a specific Usage Plan with the Vendor, thereby allowing access to, and use of, such Services by the Outright Fitness Customer and the related Trainers and Trainees, and “Outright Fitness Customers” shall be construed accordingly.

“Updates” means versions of the Services that contain functional enhancements, modifications, error corrections and/or fixes relating to the Services, and “Update” shall be construed accordingly.

“Subscription Plans” means the access plans to the Services offered for sale or, with respect to certain Trial Subscription Plans, on a no-charge basis, by the Vendor to Outright Fitness Customers, each such plan allowing the Outright Fitness Customer and a certain set number of Trainers and Trainees to access and use the Services or certain features thereof procured by the Outright Fitness Customer, through the use of Access IDs, and “Usage Plan” shall be construed accordingly.

“you”, “your” and/or “yourself” means either the Outright Fitness Customer, Trainer or Trainee entering into the Terms of Service, as applicable.

“Your Content” means Content posted, submitted, made available, uploaded and/or displayed on or through the Services by you or your Agents, whether directly or through third party sites, applications or products (including without limitation any media (including photos, videos and accompanying music), fitness or health tracking data, nutritional data or other data or information that you may make available to the Services from a third party site, application or product and any and all information you upload or make available through any document management features of the Services).

PRIVACY POLICY

Last Updated: December 25, 2024

Plain Language Summary Welcome to Outright Fitness LLC! We respect your privacy and want you to understand how we handle your personal information. Here’s a quick overview:

• We collect information like your name, email, and payment details to provide our services.
• We use this information to create your account, process payments, and improve our services.
• Your data is shared only with trusted third parties like Trainerize, Stripe, and YouTube, necessary for providing our services.
• You can manage your account, update your information, or opt out of marketing emails anytime.
• We take steps to protect your information, but no system is 100% secure.

For more details, please read the full Privacy Policy below.

Privacy Policy

1. Acceptance By using or accessing the services provided by Outright Fitness LLC (the “Vendor”), including the Trainerize platform, and any associated websites, applications, or widgets (collectively, the “Services”), you confirm that you are at least 16 years old and that you have the legal authority to agree to and comply with this Privacy Policy.

We are committed to safeguarding your personal information, and this Privacy Policy outlines how we collect, use, and disclose your personal information.

The Vendor reserves the right to update this Privacy Policy at any time. The most current version will always be available at (https://www.outrightfitnessapp.com/privacy). Your continued use of the Services after any updates signifies your acceptance of the changes.

If you do not agree with any part of this Privacy Policy, you should not use the Services.

2. Collection and Use of Personal Information By using the Services, you consent to the collection and use of your personal information as outlined in this Privacy Policy. We collect and process personal information based on the necessity of providing and supporting the Services, as well as our legitimate business interests. In specific circumstances, we may request your consent before collecting or using certain personal information.

Types of Information We Collect:

• Information You Provide:
  • Account Information: When you register, we collect your name, email, address, phone number, billing information, and other necessary details to create and manage your account.
  • Additional Information: You may provide extra information, such as fitness plans or nutrition details.
  • Financial Information: To process payments, we collect billing details.
• Information We Collect Automatically: We collect usage data, such as your device type, IP address, and how you interact with the Services.
• Third-Party Information: If you link your account to third-party services (e.g., fitness apps or social media), we may collect relevant information from those services.

Please note that the Services use certain YouTube API services, and by using our Services, you agree to be bound by the YouTube Privacy Policy.

3. Use of Your Personal Information We use your personal information for the following purposes:

• To create and manage your account.
• To provide customer service and technical support.
• To deliver the Services and any additional features or functionality.
• To improve the quality of the Services through feedback, surveys, and polls.
• To monitor service usage and improve service offerings.
• To communicate with you regarding your account, the Services, or promotional materials.
• To process payments for your account and transactions with other users.
• To ensure the security of the Services and prevent fraud or unauthorized access.
• To comply with legal requirements or as otherwise disclosed to you.

You may opt out of receiving marketing communications at any time by following the instructions provided in the communication. However, you cannot opt out of essential communications regarding your account or the Services.

4. Disclosure of Personal Information We disclose your personal information only as outlined in this Privacy Policy and for the purposes stated above. This includes sharing information with partner organizations, third-party service providers (e.g., Trainerize, Stripe, YouTube), and any other parties necessary to provide the Services.

Your personal information may be transferred to countries outside of your residence, and while outside the U.S., it may be subject to local laws. However, we will continue to adhere to this Privacy Policy and comply with relevant data protection regulations, including the GDPR, where applicable.

We take reasonable measures to ensure that third-party providers comply with our privacy standards and protect your information.

5. Retention of Personal Information We retain your personal information for as long as necessary to fulfill the purposes for which it was collected or as required by law.
6. Children’s Privacy The Services are not intended for children under the age of 16. We do not knowingly collect personal information from children without parental consent. If you are under 16, do not use or access the Services. If we learn that we have collected personal information from children without consent, we will delete it. Parents may contact us to request deletion of their child’s information.
7. Your Rights You have the right to access, correct, or delete your personal information. You may also withdraw your consent to the collection and use of your personal information at any time, subject to legal requirements. Contact us to exercise your rights.
8. Location Information We may collect your location data (e.g., from your IP address) to match our services to your area’s demand and for other business purposes.
9. Aggregated Data We may anonymize and aggregate your personal information for analytical purposes. This data will not identify you personally and may be used or shared for business purposes.
10. Cookies and Tracking Tools We may use cookies, tracking tools, and log files to enhance your experience on the Services. These tools allow us to monitor traffic patterns, improve services, and deliver relevant content.
11. Change of Ownership or Business Transition In the event of a merger, acquisition, or sale of assets, your personal information may be transferred to the new owner, subject to applicable privacy laws.
12. Security We implement industry-standard security measures to protect your personal information from unauthorized access, use, or disclosure. However, no system is completely secure, and we encourage you to maintain the confidentiality of your account credentials.
13. Governing Law This Privacy Policy is governed by the laws of the United States and the state of Texas. You agree to the exclusive jurisdiction of the courts located in Austin, Texas, for any disputes arising from this Privacy Policy.
14. Contact Us If you have questions or concerns about this Privacy Policy or your personal information, please contact us at info@outrightfitnessapp.com.

REFUND POLICY

At Outright Fitness LLC, we primarily offer digital products and services, including workouts and training programs accessible through our app. Due to the nature of digital products, once a workout or program has been delivered, it cannot be returned or refunded. This policy ensures the integrity of our services and protects against unauthorized duplication or misuse.

Exceptions:

1. App Compatibility Issues:
   If the app is not compatible with your device and you are unable to access the purchased workout, we may provide a PDF version of the workout as a courtesy.
2. Subscription Management:
   All accounts are self-managed. You can log in at any time to update your subscription, including cancellations, to avoid future charges. We do not provide refunds for unused subscription periods or failure to cancel before the next billing date.

Customer Support:
If you encounter any technical issues or have questions about your account, please contact us at info@outrightfitnessapp.com. We’re here to help ensure you have the best experience possible.

AFFILIATE PROGRAM TERMS

Last Updated: August 29, 2025

Overview

This agreement is between you (“Affiliate”) and Outright Fitness LLC (“Outright Fitness”).
By joining the Affiliate Program, you agree to the terms below.

We may update these terms from time to time. You’ll be notified by email if changes occur.

How It Works

As an approved affiliate, you can promote Outright Fitness App products and earn commissions in two ways:

• Referral Link: Share your unique affiliate link anywhere (social media, email, blog, etc.).
  • Commissions are calculated on the full product price of any purchase made through your link.
• Coupon Codes: Coupon codes can be created and assigned to you.
  • When customers use your code, they receive a discount.
  • Your commission is calculated on the discounted product price.
  • You’ll receive an email notification whenever a new coupon code is issued to you.

Access your {affiliate_dashboard_link} to copy your link, manage coupon codes, and track clicks, sales, and commissions.

Commission & Payments

• Standard commission rate: {affiliate_rate} (unless exceptions are listed in the Affiliate Dashboard).
• Commissions apply to the first purchase only (not recurring orders unless otherwise stated).
• Payments are made after the refund/locking period and require valid tax/payment details in your Affiliate Dashboard.
• You are responsible for reporting and paying any taxes due on your commissions.

Program Rules

• No self-referrals — you may not use your own link or code to purchase products for yourself.
• No misleading advertising or unauthorized use of Outright Fitness trademarks.
• No PPC bidding on our brand name or creating fake/misleading social media accounts.
• You must comply with all laws, including CAN-SPAM and FTC disclosure guidelines when promoting affiliate links or codes.

Termination

Either you or Outright Fitness may end this agreement at any time.
Upon termination, you must stop using your affiliate link, coupon codes, and any Outright Fitness branding.

Liability

Our liability to you is limited to the commissions you’ve earned in the 12 months before any claim.
We make no guarantees regarding sales, performance, or availability of the Affiliate Dashboard.

Governing Law

This agreement is governed by the laws of Texas, USA.
Any disputes will be resolved in Austin, Texas.

By participating in the Affiliate Program, you confirm that you’ve read and agree to these terms.

AFFILIATE PROGRAM POLICY

Last Updated: August 29, 2025

Welcome to the Outright Fitness Affiliate Program. By joining, you agree to the terms below and must remain in compliance to continue earning commissions.

If you are not yet part of the program, you can apply here.

For questions or support, email us at fitapp@OutrightFitnessApp.com.

Commission Summary

• Affiliate Links: Earn commission when a customer makes a purchase after clicking your unique link.
• Coupon Codes: If a customer uses your assigned coupon code, you earn commission on that discounted sale.
• Persistent Commissions: After a customer’s first purchase through your link or coupon, you continue to earn a smaller commission (as shown in your dashboard) on their future purchases.

Your commission rates (initial and persistent) are always displayed in your Affiliate Dashboard.

Limitations

• Commissions apply only to new customers’ first purchase unless persistent commissions are noted in your dashboard.
• Customers must remain active after the free trial period for commissions to apply.
• Affiliate tracking depends on cookies. If a customer clears cookies or uses another device/browser, tracking may be lost.
• Attribution is “last click wins.” If multiple affiliates refer the same customer, the last affiliate link clicked gets credit.
• No commission is paid on upgrades, downgrades, or your own purchases.

Promoting Outright Fitness

• Branding: Always write “Outright Fitness” as one word. Use official logos and materials only as provided.
• Prohibited:
  • No false or misleading claims (e.g., “Lose 30 lbs in 30 days”).
  • No altering logos or creating custom branded graphics without approval.

How to Identify Yourself

• Do: Call yourself an “Outright Fitness Affiliate” or “Affiliate Marketer.”
• Do Not: Call yourself a “Partner” or imply an official partnership.

Advertising Rules

• You may not buy ads on Outright Fitness branded terms (e.g., “Outright Fitness,” “Outright Fitness App”).
• If you run ads, they must link to your own site or content—not directly to outrightfitnessapp.com.

Other Policies

• You may be asked to show where you share affiliate links (website, email, social media, etc.).
• You cannot earn commission on your own purchases.
• You must follow FTC rules by disclosing that you may earn commissions when sharing your links.

Program Details

• Commission rates and structures are listed in your Affiliate Dashboard and may change at our discretion.
• Payments follow the schedule and methods outlined in the Affiliate Program Agreement.
• We reserve the right to end the affiliate relationship at any time as outlined in the Agreement.