Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY. They include a binding individual arbitration agreement and a class-action waiver that affect your legal rights and require most disputes to be resolved individually rather than in court or in a class action, unless you opt out within 30 days as described below. They also include limitations on our liability and important disclaimers about exercise, health, AI-generated content, and content posted by other users.

Agreement to These Terms

Thrise is operated by Yousey Technologies LLC. By creating an account, downloading the app, accessing the website, making a purchase, posting content, using creator tools, or otherwise using Thrise, you agree to these Terms and our Privacy Policy. If you do not agree, do not use Thrise.

Eligibility

You must be at least 13 years old to use Thrise. You may not use Thrise if you are prohibited from doing so under applicable law or if we have previously suspended or terminated your account for violating these Terms.

Accounts and Security

You are responsible for keeping your account credentials secure and for all activity under your account. You agree to provide accurate account information, keep it updated, and notify us if you believe your account has been compromised. We may use third-party authentication providers to help secure account access.

App License and Usage Rules

Thrise is licensed, not sold, to you. Subject to these Terms, the applicable App Store usage rules, and your compliance with all posted policies, Thrise grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the Thrise app on Apple-branded devices and other supported devices that you own or control, solely for your own lawful use. This license also applies to updates, upgrades, patches, and supplements we provide for the app unless separate license terms are provided with those materials.

Except as permitted by applicable law or the platform rules that apply to you, you may not copy, distribute, sell, lease, sublicense, publicly display, make available over a network for use by multiple devices at the same time, reverse engineer, decompile, disassemble, attempt to derive source code from, modify, or create derivative works based on Thrise or any part of it. If you transfer a device containing the app to someone else, you must remove the app first.

Fitness and Health Disclaimer

Thrise provides fitness tracking, workout planning, social workout discovery, and AI-assisted workout tools for informational and organizational purposes only. Thrise does not provide medical advice, diagnosis, treatment, physical therapy, nutrition counseling, or professional coaching. You are responsible for deciding whether workouts, exercises, weights, volume, intensity, and recommendations are safe and appropriate for you.

Exercise involves risk of injury, illness, disability, or death. Consult a qualified healthcare professional before beginning or changing any exercise program, especially if you have a medical condition, injury, disability, are pregnant, or have concerns about your health. Stop exercising and seek medical attention if you experience pain, dizziness, shortness of breath, chest pain, or other concerning symptoms.

AI-Assisted Features and Disclosures

Certain Thrise features generate or adapt workouts, plans, suggestions, and explanations using automated artificial intelligence and machine-learning systems, including large language models provided by third-party AI vendors (such as OpenAI). When you use these features, we describe them in the app as AI-generated or AI-assisted. These features are automated. They are not a human personal trainer, coach, physician, physical therapist, dietitian, or other licensed professional, and they do not provide medical, health, or professional advice.

AI systems are probabilistic and experimental. AI-generated content may be incomplete, inaccurate, outdated, biased, unsafe, or unsuitable for your body, health, experience level, or circumstances, and it may occasionally produce content that appears confident but is wrong ("hallucinations"). Thrise does not represent that AI outputs are accurate, complete, reliable, safe, or appropriate for you, and does not guarantee any fitness, health, performance, or other result. AI outputs are generated from the information available to the system and do not reflect a professional evaluation of you. You are solely responsible for reviewing AI-generated content and using your own judgment before relying on or following any AI-generated workout, plan, weight, volume, intensity, adaptation, suggestion, or explanation. If you have any doubt, consult a qualified professional.

To provide these features, relevant inputs (such as your goals, workout history, equipment, target muscles, schedule, and profile details) are processed by our AI vendors as described in our Privacy Policy. AI features may change, be limited, or be discontinued at any time.

User Content

You may create, upload, or share workouts, plans, posts, captions, photos and images, comments, messages, profile information, and other content through Thrise ("User Content"). You retain ownership of User Content you submit, but you grant Thrise a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, display, distribute, publish, adapt, and use your User Content as needed to operate, improve, promote, moderate, and protect Thrise and provide its features.

You represent and warrant that you own or have all rights, licenses, consents, and permissions needed to submit your User Content and to grant the license above, and that your User Content — including any photos or images of people — does not violate any law, privacy right, publicity right, intellectual property right, contract, or these Terms, and that any person depicted has consented to the upload and use of their image. You are solely responsible for your User Content and the consequences of posting it.

Thrise does not endorse, verify, or guarantee any User Content and is not responsible or liable for User Content created, uploaded, or shared by you or other users. User Content reflects the views of the user who submitted it, not Thrise. You may be exposed to User Content that is inaccurate, offensive, objectionable, or otherwise inappropriate, and you access User Content at your own risk. To the fullest extent permitted by law, Thrise is not liable for any loss or harm resulting from User Content or from your interactions with other users, and you release Thrise from claims arising out of disputes between users.

Objectionable Content — Zero Tolerance

Thrise has zero tolerance for objectionable content and abusive behavior. By using Thrise, you agree not to create, upload, post, message, or share any content, and not to engage in any behavior, that is objectionable, including content that is:

• Sexually explicit, pornographic, nude, lewd, or sexually suggestive, or that sexualizes or exploits minors in any way.
• Harassing, bullying, threatening, hateful, discriminatory, defamatory, or that targets or demeans a person or group.
• Violent, graphic, or that promotes self-harm, eating disorders, dangerous behavior, or unsafe exercise.
• Illegal, that promotes illegal activity, or that infringes another person's intellectual property, privacy, or publicity rights.
• An image of another person uploaded without their consent, or any content that impersonates another person.
• Spam, scams, malware, or content that manipulates rankings, engagement, or monetization.

How we enforce this. Every place you can post images, comments, or messages, or view another user, includes tools to report objectionable content and to block abusive users. We review reports of objectionable content and act on them by removing the content and ejecting the offending user, generally within 24 hours of receiving an actionable report. We may also use automated and manual moderation to detect and remove violating content. Reports can also be sent to info@gymdoe.org. Repeated or serious violations will result in permanent account termination. This paragraph is a binding part of your agreement with Thrise.

Public Profiles and Social Features

Thrise includes social features such as public profiles, posts, photos, comments, likes, follows, workout sharing, importing, reports, verified badges, boosted creator features, and discovery. Public content may be visible to other users and may be copied, shared, saved, reported, imported, or interacted with by others. You are responsible for what you choose to share.

Community Rules

You agree not to:

• Harass, threaten, bully, abuse, exploit, impersonate, or harm another person.
• Post hateful, sexually explicit, violent, illegal, misleading, or harmful content.
• Post content that encourages unsafe exercise, self-harm, eating disorders, or dangerous conduct.
• Upload content you do not have permission to use.
• Spam, manipulate rankings, create fake engagement, scrape data, or abuse creator monetization.
• Interfere with Thrise's systems, security, payment flows, app review controls, or other users.
• Use Thrise to violate law, third-party rights, App Store rules, Stripe rules, Apple rules, or these Terms.

Moderation and Enforcement

We may review, remove, restrict, demote, or refuse to display content. We may warn, suspend, terminate, or restrict accounts; disable features; withhold creator benefits; remove verification; reduce distribution; or take other action if we believe these Terms, law, safety requirements, payment rules, or platform rules have been violated. We may also preserve and disclose information when necessary for safety, security, legal compliance, or enforcement.

Purchases, Subscriptions, and Refunds

Digital products and subscriptions purchased in the iOS app are processed through Apple's in-app purchase system. Prices, billing terms, taxes, renewal rules, cancellation rules, and refunds may be governed by Apple Media Services Terms and your Apple ID settings. Thrise may offer paid workout imports, AI workout generation, boosted influencer subscriptions, and other paid digital features.

Subscriptions automatically renew unless canceled through your Apple ID before the renewal date. Deleting the app or your Thrise account may not cancel an Apple subscription. Refund requests for Apple in-app purchases are handled by Apple unless applicable law requires otherwise.

Creator Monetization and Payouts

Thrise may allow eligible creators to receive payout credits when other users purchase or import certain creator-linked workouts, plans, or content. Creator monetization features are subject to availability, eligibility, fraud checks, platform rules, tax and compliance requirements, Stripe Connect onboarding, minimum payout thresholds, reserves, refunds, chargebacks, adjustments, and changes to Thrise's monetization program.

You are responsible for providing accurate payout, tax, identity, and compliance information to Stripe and for paying any taxes related to creator earnings. Payout estimates shown in the app may be pending, approximate, adjustable, or subject to review. Thrise may withhold, reverse, reduce, delay, or cancel payout credits in cases of suspected fraud, abuse, refunds, chargebacks, duplicate transactions, policy violations, legal requirements, or technical errors.

Boosted Influencer Features

Boosted influencer subscriptions may provide benefits such as increased post visibility, verification while active, better discovery placement, and ranking bonuses. These benefits do not guarantee views, followers, imports, engagement, purchases, payouts, or specific placement. Thrise may adjust ranking systems, boost weight, eligibility, and feature availability at any time.

Thrise Intellectual Property

Thrise, including its software, design, text, graphics, logos, trademarks, code, features, databases, models, workflows, and other materials, is owned by Thrise, Yousey Technologies LLC, or its licensors. These Terms do not grant you ownership of Thrise. You may use Thrise only as permitted by these Terms and applicable app store rules.

Feedback

If you send ideas, suggestions, or feedback, you grant Thrise the right to use them without restriction or compensation to you.

Third-Party Services

Thrise may rely on third-party services such as Apple, Stripe, Clerk, cloud hosting providers, storage providers, AI providers, analytics, security, and support tools. Your use of third-party services may be governed by their own terms and privacy policies. Thrise is not responsible for third-party services outside our control.

External Services and Technical Data

Thrise may display, integrate with, or provide access to third-party websites, payment tools, identity services, support systems, AI systems, maps, cloud services, analytics, and other external services. You use those external services at your own risk and subject to the third party's terms. We are not responsible for examining or evaluating third-party content, accuracy, availability, legality, security, or performance, and we may change, suspend, disable, or remove integrations at any time.

We may collect and use technical, diagnostic, device, and usage information related to your use of Thrise, as described in our Privacy Policy, to provide updates, support, fraud prevention, security, analytics, troubleshooting, and product improvements. Where permitted by law, we may use information that does not identify you personally to improve Thrise and related technologies.

Account Deletion and Termination

You may request or initiate account deletion where available. We may suspend, restrict, or terminate your account or access to Thrise if we believe you violated these Terms, created risk, broke the law, abused the service, or used Thrise in a way that could harm users, Thrise, third-party platforms, or payment partners. Some records may be retained as described in the Privacy Policy.

These Terms remain effective until terminated by you or Thrise. Your license and rights under these Terms will terminate automatically if you fail to comply with these Terms.

Service Changes and Availability

Thrise may change, suspend, discontinue, limit, or remove features at any time, including AI features, social features, monetization features, workout imports, boosted distribution, and creator payout programs. We do not guarantee that Thrise will always be available, uninterrupted, secure, or error-free.

Copyright, DMCA, and Content Takedown

Thrise respects intellectual property and privacy rights and responds to valid notices under the Digital Millennium Copyright Act ("DMCA") and applicable law. If you believe content on Thrise infringes your copyright, or that content (such as a photo of you) was posted without your permission or otherwise violates your rights, send a written notice to our designated agent at info@gymdoe.org (subject line: "Takedown Request").

Your notice should include:

• Your name, address, email, and (if applicable) the rights holder you represent.
• Identification of the work or right claimed to be infringed or violated.
• The specific URL, username, post, or other information reasonably sufficient for us to locate the content.
• A statement that you have a good-faith belief the use is not authorized by the rights holder, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on their behalf.
• Your physical or electronic signature.

Our response and takedown. Upon receiving a valid notice, we will remove or disable access to the identified content, generally promptly and within the timeframes required by applicable law. We may also remove any content at our discretion. If you believe your content was removed in error, you may submit a counter-notice to the same address with your contact information, identification of the removed content, and a statement, under penalty of perjury, that you have a good-faith belief the content was removed by mistake or misidentification.

Repeat infringers. We will, in appropriate circumstances, disable or terminate the accounts of users who are repeat infringers or who repeatedly post objectionable or infringing content.

Disclaimers

Thrise is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, or safety. We do not guarantee workout results, fitness outcomes, creator earnings, payout timing, post reach, AI accuracy, or uninterrupted service.

Limitation of Liability

To the maximum extent permitted by law, Thrise, Yousey Technologies LLC, and their owners, employees, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, personal injury, workout injury, lost earnings, lost goodwill, or business interruption arising from or related to Thrise or these Terms.

To the extent not prohibited by law, our total aggregate liability for all claims arising out of or related to Thrise or these Terms will not exceed the greater of fifty U.S. dollars (USD $50) or the amount you paid to Thrise, if any, in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

Indemnity

You agree to defend, indemnify, and hold harmless Thrise, Yousey Technologies LLC, and their owners, employees, contractors, service providers, and affiliates from claims, liabilities, damages, losses, and expenses arising from your use of Thrise, your content, your violation of these Terms, your violation of law, or your violation of another person's rights.

Apple App Store Terms

If you downloaded Thrise from the Apple App Store, Apple is not responsible for Thrise or its content. Apple has no obligation to provide maintenance or support for Thrise. Apple and its subsidiaries are third-party beneficiaries of these Terms for purposes of enforcing applicable App Store related provisions.

To the maximum extent permitted by law, Apple has no responsibility for any claims relating to Thrise or your possession or use of Thrise, including product liability claims, claims that Thrise fails to conform to legal or regulatory requirements, consumer protection claims, privacy claims, or claims that Thrise infringes a third party's intellectual property rights.

Export Compliance

You may not use, export, or re-export Thrise except as authorized by United States law and the laws of the jurisdiction in which Thrise was obtained. By using Thrise, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to a U.S. embargo, and that you are not on any U.S. government restricted party list. You also agree not to use Thrise for any purpose prohibited by applicable export control, sanctions, or other law.

U.S. Government End Users

Thrise and related documentation are commercial items and commercial computer software provided with only those rights granted under these Terms. If you are a U.S. Government end user, your use, duplication, reproduction, release, modification, disclosure, or transfer of Thrise and any related documentation is subject to the restrictions set out in these Terms and applicable federal acquisition regulations.

Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have disputes decided by a jury or as part of a class action.

Agreement to arbitrate. You and Thrise agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, Thrise, or your use of Thrise (a "Dispute") will be resolved by final and binding individual arbitration, rather than in court, except as set out below. This agreement is governed by the Federal Arbitration Act.

Informal resolution first. Before starting an arbitration, you agree to first contact us at info@gymdoe.org and give us at least 60 days to try to resolve the Dispute informally.

Arbitration rules. The arbitration will be administered by JAMS under its applicable rules, or by another established arbitration provider if JAMS is unavailable. The arbitration will take place in Santa Clara County, California, or, at your election, by phone, video, or in your county of residence, and may proceed on documents alone where the rules permit. The arbitrator will decide the Dispute and has authority to resolve threshold questions of arbitrability. Payment of fees will be governed by the provider's rules, subject to applicable law.

Class action waiver. You and Thrise agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and proceed in court.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual property or stop unauthorized use of Thrise. Nothing in this section waives any right that cannot be waived under applicable law.

30-day opt-out. You may opt out of this arbitration agreement by emailing info@gymdoe.org with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, and including your name and the email associated with your account. If you opt out, the class action waiver and arbitration provisions will not apply to you, but the rest of these Terms, including Governing Law, will still apply.

Governing Law

Except where applicable consumer law requires otherwise, and subject to the Binding Arbitration and Class Action Waiver section above, these Terms and any dispute arising out of or relating to them or Thrise are governed by the laws of the State of California, excluding its conflict-of-law rules. To the extent a Dispute proceeds in court rather than arbitration, you and Thrise agree to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

If you are a resident of the European Union, Switzerland, Norway, or Iceland, mandatory laws and the courts of your usual place of residence may apply to the extent required by law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Changes to These Terms

We may update these Terms from time to time. The "Last updated" date shows when these Terms were last revised. Continued use of Thrise after an update means you accept the revised Terms, where permitted by law.

Contact

Questions about these Terms can be sent to info@gymdoe.org.