Terms of Service.

01Acceptance of terms

Welcome to Apace Active. These Terms of Service ("Terms") form a binding agreement between you and Apace Active LLC ("Apace Active," "we," "our," or "us"), a California limited liability company. They govern your use of our mobile applications, including 75 Together, and our website at apaceactive.com (collectively, the "Services").

02Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account. If you are between 13 and 17 (or between the equivalent ages of digital consent in your country), you may use the Services only with the involvement and consent of a parent or legal guardian. The Services are not directed at, and should not be used by, children under 13.

You represent that you have the legal capacity to enter into these Terms and that all information you provide to us is accurate and current.

03Account registration

To use most features, you need an account. You can create one with an email address, Sign in with Apple, or Sign in with Google. You agree to:

• Provide accurate, current, and complete information.
• Keep your account credentials confidential and not share them with others.
• Notify us promptly if you suspect unauthorized access to your account.
• Be responsible for all activity that occurs under your account.

You may delete your account at any time within the app. See Section 11 for what happens when you do.

04The Services

Apace Active builds mobile apps for fitness challenges. Our current product, 75 Together, helps couples and partners track the 75 Hard challenge in sync with each other. Features include:

• Daily check-ins for the 75 Hard requirements (workouts, water, reading, diet, progress photos).
• Real-time partner sync — see your partner's progress as they make it.
• Progress tracking, day counts, and a Day 75 completion experience.
• Optional notifications about partner activity and your own progress.

Some features are available for free; others require a paid subscription (see Section 5). We may change, add, or remove features at any time. We will provide reasonable notice for material changes.

05Subscriptions & payments

Free and paid versions

Apace Active offers a free version with core features. Premium features are available through paid subscription tiers (currently monthly, annual, and lifetime), with prices and benefits described in the app at the time of purchase.

Billing through the App Store

Payments for subscriptions and one-time purchases are processed by Apple through your Apple Account. You authorize Apple to charge your payment method according to the terms displayed in the App Store at the time of purchase. Apace Active does not receive your payment card information.

Auto-renewal of subscriptions

Refunds

All subscription payments are processed by Apple and refunds are handled by Apple in accordance with their refund policy. We do not have the ability to issue refunds directly. To request a refund, visit reportaproblem.apple.com.

Free trials and promotional offers

From time to time we may offer free trials or promotional pricing. The terms of any such offer (including duration and what happens at trial expiration) will be disclosed at the time of the offer. Trials automatically convert to paid subscriptions unless cancelled before the trial ends.

Price changes

We may change subscription prices in the future. If we do, the new price will not take effect for your existing subscription until the next renewal cycle, and you will be notified beforehand and given the chance to cancel.

06License to use

Subject to your compliance with these Terms, Apace Active grants you a limited, personal, non-exclusive, non-transferable, revocable license to download and use our app on Apple-branded or compatible devices that you own or control, for your personal, non-commercial use.

You may not, and may not allow others to:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Services.
• Reverse engineer, decompile, or attempt to extract the source code of the app, except where this is permitted by applicable law.
• Remove or alter any copyright, trademark, or other proprietary notices.
• Use the Services in any way that violates applicable law or these Terms.
• Use automated means (scrapers, bots) to access the Services.
• Use the Services to develop a competing product.

07Your content

"User Content" means any content you submit through the Services — primarily your daily check-in data and the progress photos you upload. As between you and us, you retain all ownership rights to your User Content.

By submitting User Content, you grant Apace Active a limited, worldwide, non-exclusive, royalty-free license to host, store, display, and transmit your User Content solely for the purpose of operating and providing the Services to you and your paired partner. We do not use your User Content for any other purpose. We do not use your photos, fitness data, or any other content for marketing, advertising, model training, or analytics beyond what's necessary to make the app work.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate the rights of others or applicable law.

08Acceptable use

You agree not to use the Services to:

• Violate any applicable law or regulation.
• Harass, threaten, or harm your paired partner or any other person.
• Submit content that is unlawful, defamatory, harassing, or invasive of another's privacy.
• Impersonate another person, falsify identity information, or misrepresent your relationship with another person.
• Pair with another user without their genuine consent.
• Attempt to gain unauthorized access to any account or system.
• Interfere with or disrupt the Services, including by introducing viruses or malicious code.
• Use the Services for commercial purposes, resale, or distribution to third parties.

We reserve the right to terminate accounts that violate these rules.

09Partner pairing

75 Together's core feature is partner pairing. When you pair with another user, certain information about your daily progress becomes visible to that partner, as described in our Privacy Policy. By initiating or accepting a partner pairing, you acknowledge that:

• Your daily check-ins, progress, and (optionally) photos will be visible to your partner.
• Pairing requires consent from both parties — you cannot force someone to pair with you.
• You can unpair at any time from app settings. Future activity will not be shared after unpairing.
• Apace Active is not responsible for how your paired partner uses information shared through the app, including taking screenshots or showing your data to others outside the app.

We strongly encourage you to pair only with people you trust.

10Health & warranty disclaimers

Not medical advice

Consult your physician or qualified healthcare provider before starting any new exercise program, dietary change, or fitness challenge — including 75 Hard. Stop any activity immediately if you experience pain, dizziness, or any concerning symptom. Do not use the Services as a substitute for professional medical evaluation, diagnosis, or treatment.

Warranty disclaimer

The services are provided "as is" and "as available" without warranties of any kind, either express or implied. To the maximum extent permitted by law, apace active disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. We do not guarantee that the services will meet your requirements, that the services will be uninterrupted or error-free, or that any defects will be corrected.

11Termination

Termination by you

You may stop using the Services and delete your account at any time. Account deletion is available within the app. When you delete your account:

• Your account, profile, daily progress data, and uploaded photos will be deleted from our active systems within 30 days.
• Any active partner pairing will be disconnected.
• Your access to paid subscription benefits will end.
• Your Apple subscription is not automatically cancelled. You must cancel it separately in your Apple Account Settings or at apps.apple.com/account/subscriptions.

Termination by us

We may suspend or terminate your account if you materially violate these Terms, if your use of the Services creates legal liability or operational risk for us, or if we discontinue the Services. We will provide reasonable notice when feasible. Upon termination, your right to access and use the Services ends, but Sections 7 (Your Content), 10 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law and Disputes) will survive.

12Limitation of liability

To the maximum extent permitted by law, in no event will apace active llc, its members, employees, affiliates, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, use, goodwill, or other intangible losses — arising out of or related to your use of the services, regardless of the legal theory.

In no event will our total aggregate liability to you for all claims arising out of or related to the services exceed the greater of (a) the amount you paid to apace active in the 12 months preceding the event giving rise to the claim, or (b) one hundred us dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent that any limitation in this Section is not enforceable in your jurisdiction, the remaining limitations will continue to apply, and our liability will be limited to the smallest amount permitted by applicable law.

13Indemnification

You agree to indemnify, defend, and hold harmless Apace Active LLC, its members, employees, and service providers from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any rights of another person. This obligation survives termination of your account or these Terms.

14Apple-specific terms

The following terms apply when you use the iOS version of our app, in addition to these Terms:

• These Terms are between you and Apace Active LLC, not Apple, Inc. ("Apple"). Apple is not responsible for the app or its content.
• Apple has no obligation to provide maintenance or support for the app.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Apace Active, not Apple, is responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• Apace Active, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the app.
• You represent that you are not located in a country that is subject to a U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15Changes to these terms

We may update these Terms from time to time. When we make material changes, we will notify you by email and/or in-app notice before the changes take effect. Continued use of the Services after the changes take effect constitutes acceptance of the updated Terms. If you don't agree to the updated Terms, you should stop using the Services and delete your account.

16Governing law & disputes

Governing law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Services will be resolved exclusively in the state or federal courts located in San Diego County, California, except as set forth below.

Informal resolution and arbitration

Informal resolution: Before filing any legal claim, you and Apace Active agree to try to resolve any dispute informally by emailing hello@apaceactive.com and providing a description of the dispute. We agree to attempt to resolve the dispute in good faith for at least 60 days before any formal legal action.

Arbitration agreement: If we cannot resolve a dispute informally, you and Apace Active agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in San Diego, California, or by video conference if the amount in dispute is less than $10,000.

Opt-out: You may opt out of this arbitration agreement and class action waiver by sending written notice to hello@apaceactive.com within 30 days of first agreeing to these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out.

Exceptions: This arbitration agreement does not apply to (a) small claims court actions; (b) claims for injunctive or equitable relief related to intellectual property; or (c) any claim that cannot be subject to arbitration under applicable law.

17Miscellaneous

Entire agreement: These Terms (including our Privacy Policy) constitute the entire agreement between you and Apace Active regarding the Services and supersede any prior agreements.

Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

No waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign these Terms without our written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets.

Notice: We may give notice to you by email, in-app notification, or by posting on our website. You may give notice to us by emailing hello@apaceactive.com.

18Contact

Questions about these Terms?

• Apace Active LLC
• Email: hello@apaceactive.com
• Website: apaceactive.com
• Mailing address: [TO BE COMPLETED with Northwest Registered Agent address from LLC-1]

These Terms of Service were last updated on [TO BE COMPLETED]. Apace Active LLC is a California limited liability company.