Terms of Service

These Terms are an agreement between you and PushUPS ("we", "us") for using PushUPS (the "app") on the web or on your phone. By creating an account or using the app, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the app.

Please read the Health & Safety, Release, and Limitation of Liability sections carefully. They limit what you can claim from us.

1. Who can use the app

You must be at least 13 years old. If you're under 18 (or the age of majority where you live), you need a parent or guardian's permission to use the app and to buy a subscription, and they agree to these Terms for you. If we learn an account belongs to someone under 13, we'll delete it.

2. Your account

• One account per person. Give accurate information and keep your password and recovery code private.
• You're responsible for what happens on your account. Tell us right away at support@corefitbykate.com if you think someone else has access.
• You can delete your account anytime in Profile → Delete account.

3. Health & Safety: please read

PushUPS is a tracking and motivation tool. It is not medical advice, and we are not doctors or trainers. Push-ups are physical exercise and carry real risks, including muscle strain, joint injury and rhabdomyolysis (a serious muscle injury that can damage the kidneys).

• PushUPS is not medical advice. Talk to a doctor before starting if you have a heart, blood pressure or kidney condition, an injury, or are pregnant or postpartum.
• Build up gradually. Big jumps in push-ups can cause rhabdomyolysis, a serious muscle injury that can damage your kidneys.
• Stop and get medical help for chest pain, dizziness, severe muscle pain or swelling, or dark (cola-colored) urine.
• Goals, streaks, duels and challenges are optional. Rest when you need to; you choose how much you do.

You choose your goals and how much you do. You use the app and exercise voluntarily and at your own risk, and you assume the risks of any physical activity you do, whether or not the app suggested, tracked or rewarded it. Goals, streaks, ranks, duels, challenges, weekly leagues, the daily Drop, tag chains and leaderboards are for fun and motivation, not instructions. You never have to take part, and you should skip any of them that would push you past what's safe for you.

4. Community rules

Keep PushUPS friendly. You agree not to:

• pick a username or group name that is offensive, hateful, sexual, threatening, or pretends to be someone else (including us);
• harass, bully or threaten anyone through fist bumps, groups, duels or anything else;
• log fake push-up numbers to win duels, challenges, tags, the Drop, weekly leagues or leaderboards;
• create fake or extra accounts, for example to earn invite rewards or move up in a league;
• use duel stakes, tags or anything else in the app for gambling or real-money bets (stakes notes are just for fun and settled between you; no money goes through the app);
• use bots or scripts, scrape the app, break or bypass our security or limits, or use the app for anything illegal.

You can report or block another user from their name in the app. We review reports within 24 hours and may remove names, delete sets, remove people from leaderboards, or suspend or delete accounts that break these rules.

5. Your content

You own what you put in the app (your username, group names and logged sets). You give us a non-exclusive, royalty-free license to store, display and process it only to run the app, for example showing your username and totals to your friends, group members, duel opponents and, if you turn it on, everyone on the worldwide leaderboard and in your weekly league. This license ends when you delete the content or your account, except for copies kept for legal reasons or in backups for a limited time.

6. Subscriptions, free trial and streak freezes

While PushUPS is in beta, it's free. After the beta, using the app requires PushUPS Pro, an auto-renewing subscription (currently $9.99/year, with a 7-day free trial for new subscribers, one trial per person). You buy it through the App Store (Apple) or Google Play (Google), and that store's terms also apply to the purchase:

• The store charges your account when the free trial ends, and the subscription renews automatically every year at the then-current price unless you cancel at least 24 hours before the renewal date.
• You can cancel anytime: on iPhone in Settings → your name → Subscriptions; on Android in the Google Play app → Payments & subscriptions → Subscriptions. Cancelling stops the next renewal; you keep access until the end of the period you paid for.
• Deleting your account or the app does not cancel your subscription. Cancel it with Apple or Google.
• Apple and Google handle billing and refunds under their own policies. We can't issue store refunds ourselves; request them from Apple at reportaproblem.apple.com or from Google Play.
• We'll tell you before any price change takes effect, as required by law and the stores.

Streak freezes. Streak freezes protect or restore a streak. You may get them free (for example one each week, or for inviting a friend) or buy them in the app. Freezes are a limited license to use a feature in the app, not property: they have no cash value, can't be transferred, sold or exchanged for money, and are final once bought, except where the law or the store's refund policy says otherwise. Freezes you haven't used are lost if you delete your account or we close it for breaking these Terms. We may change how freezes work, but we won't take away freezes you bought without a refund unless you broke these Terms.

7. The app is ours

PushUPS owns the app, its design, code, name and logos. We give you a personal, non-transferable, revocable license to use the app under these Terms. If you send us feedback or ideas, we may use them without owing you anything. On iPhone, Apple's Standard End User License Agreement also applies to the app software; if it conflicts with these Terms on the software license, Apple's agreement controls.

Copyright complaints: email support@corefitbykate.com. We remove infringing material and close repeat infringers' accounts.

8. Ending your use

You can stop using the app and delete your account anytime. We may suspend or end your access if you break these Terms, if required by law, or if we stop offering the app (we'll give notice where we reasonably can). Sections 3, 5, 7 and 9 to 14 still apply after your account ends.

9. No warranties

The app is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise the app will be uninterrupted or error-free, or that counts, streaks, ranks or leaderboards will always be accurate.

10. Release

To the fullest extent the law allows, you release PushUPS and its owners, members and contractors from claims for injury, illness or damage arising from exercise or physical activity you do while using the app, including claims based on our ordinary negligence. This release does not cover our gross negligence, recklessness, willful misconduct or fraud, or anything else the law doesn't allow to be released. Some states don't allow releases like this, so it may not apply to you.

11. Limitation of liability

To the fullest extent the law allows, PushUPS won't be liable for indirect, incidental, special, consequential or punitive damages, or for lost data, profits or goodwill, and our total liability for any claim about the app is limited to the greater of $50 or the amount you paid for the app in the 12 months before the claim. These limits don't apply to our gross negligence, willful misconduct or fraud, to death or personal injury caused by our negligence where the law forbids limiting it, or to anything else the law doesn't allow to be limited.

12. Indemnity

If someone makes a claim against us because of content you posted or because you broke these Terms or the law, you agree to cover our reasonable costs and losses from that claim, to the extent the law allows.

13. Disputes

Please contact us first at support@corefitbykate.com. Most problems can be fixed quickly, and we'll try in good faith for 30 days before either of us goes to court. These Terms are governed by the laws of the U.S. state where we are based, without regard to conflict-of-law rules. Any dispute will be decided in the state or federal courts located in the U.S. state where we are based, except that either of us may bring a claim in small claims court where you live. Nothing here takes away rights you have under the consumer protection laws of the place you live.

14. Other terms

• Changes. We may update these Terms. For important changes we'll show you the new Terms in the app and ask you to agree before you keep using it. Changes apply going forward only.
• Transfer. We may transfer these Terms to a company that takes over the app, including a business entity we form to run it.
• Whole agreement. These Terms and the Privacy Policy are the whole agreement between us about the app. If a part is unenforceable, the rest still applies. If we don't enforce something right away, we can still enforce it later.
• Apple. If you use the iPhone app: these Terms are between you and us, not Apple, and we (not Apple) are responsible for the app and its content. Apple has no obligation to provide support or maintenance for it. If the app fails to meet a warranty that applies, you may notify Apple, which may refund the price you paid for the app (if any); otherwise Apple has no warranty obligation. Apple isn't responsible for claims about the app, including product liability, legal or regulatory compliance, consumer protection, privacy, or claims that the app infringes someone's intellectual property; we are, to the extent these Terms don't disclaim them. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• Google. If you use the Android app, Google Play's terms also apply to your download and purchases. Google isn't responsible for the app.
• Where you can use it. You confirm you aren't in a country under a U.S. government embargo and aren't on a U.S. government list of prohibited or restricted parties.

15. Contact

PushUPS · support@corefitbykate.com · Support