Terms of Service
Effective Date: January 29, 2025 | Last Updated: January 29, 2025
These Terms of Service ("Terms") are a legal agreement between you ("you" or "User") and AIAH LLC ("we," "us," or "our") governing your use of the Just Workout mobile application (the "App"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
1. Acceptance and Eligibility
By using the App, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent that you have authority to bind that organization. If you are under 18, you may use the App only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
2. Medical Disclaimer and Not Professional Advice
The App is for informational and motivational use only. It is not medical, health, or fitness advice.
- The App is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider before starting any exercise program or making changes to your diet or lifestyle.
- The content in the App (including exercise suggestions, descriptions, and general fitness information) is for general information only. We do not guarantee that any exercise or workout is appropriate or safe for you.
- If you have any medical condition, injury, or concern (including but not limited to heart disease, high blood pressure, joint or bone problems, pregnancy, or recent surgery), consult your doctor before using the App or performing any exercise.
- Never disregard professional medical advice or delay seeking it because of something you have seen or used in the App.
- We are not licensed medical providers, dietitians, or personal trainers. We do not provide personalized medical, nutritional, or fitness advice.
3. Assumption of Risk and Waiver of Claims
Physical exercise and fitness activities involve inherent risks of injury, including serious injury or death.
- You voluntarily assume all risks associated with using the App and performing any exercise, workout, or physical activity suggested, displayed, or referenced in the App. These risks include, without limitation: strains, sprains, fractures, heart-related incidents, falls, and other bodily injury or death.
- You are solely responsible for (a) determining whether you are physically and medically able to participate in any workout or exercise, (b) using proper form and equipment, (c) using a safe environment, and (d) following any safety guidelines applicable to your situation.
- You hereby waive, release, and discharge AIAH LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, demands, damages, losses, costs, expenses, or liability (including for negligence) arising out of or related to your use of the App or your participation in any exercise or physical activity, including but not limited to claims for personal injury, wrongful death, property damage, or any other loss, whether based on warranty, contract, tort (including negligence), strict liability, or otherwise.
- This waiver and release applies to you and to your heirs, executors, administrators, and assigns.
4. Limitation of Liability
To the maximum extent permitted by applicable law:
- The App and all content and features are provided "as is" and "as available." We do not warrant that the App will be uninterrupted, error-free, or free of harmful components.
- In no event shall AIAH LLC, its officers, directors, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages (including but not limited to loss of profits, data, goodwill, or personal injury) arising out of or in connection with your use of or inability to use the App, even if we have been advised of the possibility of such damages.
- Our total liability for any claims arising out of or related to these Terms or the App shall not exceed the amount you paid us for the App in the twelve (12) months preceding the claim (or, if you paid nothing, our liability shall not exceed ten United States dollars ($10.00)).
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
5. Disclaimer of Warranties
Except where prohibited by law:
- We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
- We do not warrant the accuracy, completeness, or usefulness of any content in the App. Reliance on any content is at your sole risk.
6. Indemnification
You agree to indemnify, defend, and hold harmless AIAH LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, costs, expenses (including reasonable attorneys' fees), or liability arising out of or related to: (a) your use of the App, (b) your violation of these Terms, (c) your violation of any law or the rights of a third party, or (d) any injury, loss, or damage (including to third parties) caused by your use of the App or your participation in any exercise or physical activity. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.
7. Use of the App; Prohibited Conduct
- You may use the App only for lawful purposes and in accordance with these Terms.
- You agree not to: (a) copy, modify, distribute, sell, or lease any part of the App; (b) reverse engineer or attempt to extract source code of the App; (c) use the App to harm, harass, or violate the rights of others; (d) use the App in any way that could damage, disable, or impair the App or our systems; (e) use automated means (e.g. bots, scrapers) to access the App without our permission; or (f) use the App in violation of any applicable law.
- We may suspend or terminate your access to the App at any time, with or without cause or notice, to the extent we can control access (e.g. if the App later requires an account).
8. Intellectual Property
The App, including its design, text, graphics, logos, and software, is owned by AIAH LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You do not acquire any ownership rights by using the App. You may not use our trademarks or branding without our prior written permission.
9. Privacy
Your use of the App is also governed by our Privacy Policy, available at https://aiah.us/justworkout/privacy_policy. By using the App, you consent to the collection and use of information as described in the Privacy Policy.
10. Purchases and Refunds
If you purchase the App or any in-app product:
- Payment will be charged to your Apple ID account. Refunds are handled by Apple in accordance with Apple's refund policy. We do not control Apple's refund process.
- Prices and availability are subject to change. We do not guarantee that any product will remain available.
11. Changes to the App and These Terms
- We may update, modify, or discontinue the App (or any part of it) at any time. We are not obligated to provide updates or maintain backward compatibility.
- We may change these Terms at any time. We will post the updated Terms in the App and/or at https://aiah.us/justworkout/term_of_service and update the "Last Updated" date. For material changes, we may notify you in the App or by other reasonable means. Continued use of the App after the effective date of changes constitutes acceptance of the new Terms. If you do not agree, you must stop using the App.
12. Governing Law and Disputes
- These Terms and any dispute arising out of or related to them or the App shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
- Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Sacramento County, California, and you consent to the personal jurisdiction of such courts.
- You agree that any claim must be brought within one (1) year after the cause of action arises, or it will be permanently barred.
13. General
- Entire agreement. These Terms, together with the Privacy Policy and any in-App terms we display, constitute the entire agreement between you and AIAH LLC regarding the App and supersede any prior agreements.
- Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect.
- Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
- Assignment. You may not assign these Terms or your rights under them without our written consent. We may assign these Terms without restriction.
- Apple. If you obtained the App from the Apple App Store, you acknowledge that (a) these Terms are between you and AIAH LLC, not Apple; (b) Apple has no obligation to provide maintenance or support for the App; and (c) Apple is not responsible for any claims relating to the App or your use of it. Your use of the App must comply with the App Store Terms of Service.
14. Contact
For questions about these Terms or the App, contact us at:
Email: info@aiah.us
Mailing address: AIAH LLC, 2108 N Street, STE N, Sacramento, California 95816, United States
By using Just Workout, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the Medical Disclaimer, Assumption of Risk, Waiver of Claims, and Limitation of Liability.