TERMS OF USE

1. The agreement

These Terms of Use (the "Terms") are a binding agreement between you and The Pusher ("we", "us"), the operator of The Pusher app, website, watch app, widgets and related services (together, the "Service"). By creating an account, tapping "I agree", or using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

These Terms include a health and safety notice, an assumption of risk, a release, limits on our liability and an indemnity. Please read them. They affect your legal rights.

2. Who can use it

• You must be at least 16 years old. If you are under the age of majority where you live, a parent or legal guardian must review these Terms with you and agree to them on your behalf, and they are responsible for your use.
• You must be physically able to exercise safely, or have been cleared to do so by a qualified health professional.
• You must give accurate information about yourself, keep your sign-in provider account secure, and not let anyone else use your account.
• You may not use the Service if you have been suspended or removed from it before.

3. Not medical, dietary or professional advice

The Service provides general fitness and nutrition information for healthy adults. It is not medical advice, physiotherapy, dietary advice, personal training or any other professional service, and it does not create a doctor–patient or trainer–client relationship.

Dexter is an AI coach. Its programs, workout cues, rest and recovery guidance, calorie and macronutrient estimates, meal plans and chat replies are generated by software from general information and what you tell it. They may be wrong, incomplete or unsuitable for you. Nutrition figures are approximate. Always check food labels, and never rely on the Service for allergy, medical, or medication decisions.

Heart-rate, calorie, step, distance, pace and other measurements shown in the Service come from your phone, watch or connected wearable and from our estimates. They are for general fitness interest only and are not medical measurements. Do not use them to diagnose, treat or monitor any condition.

Talk to a doctor before starting or changing an exercise or nutrition program, especially if you are pregnant or postpartum, have or suspect a heart, lung, metabolic, joint, bone or neurological condition, take medication that affects exercise, are recovering from injury or surgery, or have not exercised regularly.

4. Health and safety notice

Physical exercise carries inherent risks, including muscle and joint injury, strain, falls, cardiovascular events, dehydration, heat illness and, in rare cases, serious injury or death. Bodyweight training, high-intensity intervals, running and every other activity in the Service carry these risks.

You agree to:

• Stop exercising immediately and seek medical help if you feel chest pain or pressure, dizziness, faintness, nausea, sharp or unusual pain, shortness of breath beyond normal exertion, or anything else that feels wrong. Call emergency services if it is urgent.
• Warm up, use safe equipment and a safe space, wear appropriate footwear and clothing, hydrate, and progress gradually.
• Train within your own limits. Nobody in the Service can see you move. You are the only judge of your form, fatigue and what is safe for you.
• Not use the Service while driving or in any situation where attention to a screen or audio is unsafe.
• When exercising outdoors, obey traffic laws, watch terrain, traffic and weather, stay visible, and keep your phone's emergency features enabled. The Service does not monitor your surroundings and is not an emergency or safety service.
• When exercising with others, live or in person, treat them with respect and take the same care for their safety as your own.

You will be asked to confirm you have read this notice before your first workout. Continuing to use the Service after that is a fresh confirmation each time.

5. Assumption of risk, release and waiver

To the fullest extent permitted by the law where you live: you voluntarily assume all risks arising from your use of the Service and from any exercise, nutrition or other activity you undertake in connection with it, whether or not those risks are described here, and whether caused by the Service, by your own conduct, by other users, or by conditions in the place you exercise.

You release and forever discharge The Pusher, its owners, directors, officers, employees, contractors, coaches, licensors and suppliers (the "Released Parties") from all claims, demands, losses and liabilities of any kind, including for negligence, arising from or connected to your use of the Service or any activity you undertake in connection with it, including personal injury, illness, death, and loss of or damage to property.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law where you live, including liability for death or personal injury caused by our gross negligence or wilful misconduct where such exclusion is prohibited, or any statutory consumer guarantee.

6. Your account and your data

You can use parts of the Service as a guest, with data kept on your device, or sign in with Apple or Google to sync across devices. You are responsible for your sign-in provider account. Our Privacy Policy explains what we collect, including health data from Apple Health or a connected wearable where you grant permission, location during outdoor sessions, photos you upload and messages you send, and how to delete it.

Health data you share through Apple HealthKit is used only to provide features you asked for. We do not use it for advertising and do not sell it.

You can delete your account and its data from Settings. Some records may persist in backups for a limited period, and anonymised aggregate statistics are not deleted.

7. Community, live sessions and content

The Service includes profiles, feeds, crews, group chats, direct messages, live video and audio sessions, shared workouts and other ways to interact. You are responsible for what you post, say and show. You must not:

• Harass, threaten, bully, stalk, discriminate against or impersonate anyone.
• Post or stream content that is illegal, sexually explicit, violent, hateful, or that infringes someone else's rights or privacy, including filming people without their consent.
• Give medical, dietary or training instructions to other members that present as professional advice, or encourage unsafe training.
• Submit false workout data, automate activity, or otherwise game boards, streaks, challenges or referrals.
• Scrape, reverse-engineer, interfere with, overload or attempt to bypass the security of the Service.
• Use the Service for commercial solicitation without our written permission.

We may remove content, mute, suspend or terminate accounts, and report unlawful conduct, at our discretion and without notice. Live sessions are not monitored in real time; use the report and block tools, and leave any session that makes you uncomfortable.

You keep ownership of content you create. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, display, reproduce and distribute it as needed to operate, improve and promote the Service, including showing it to members you share it with and in share cards you generate. You can revoke this by deleting the content or your account, except where it has already been shared by others or is needed to comply with law.

Other members' content is theirs. Do not copy or redistribute it outside the Service without their consent.

8. AI features

Dexter and other AI features generate responses automatically from your inputs and general information. They can be inaccurate, incomplete or inappropriate. Do not enter information you would not want processed by an automated system, and do not rely on AI output for any decision about your health, safety, or diet without checking with a qualified professional. Voice, images and text generated for you may be produced with third-party AI services under their terms.

9. Devices, wearables and third parties

Features that use Apple Watch, Apple Health, Fitbit, Oura, GPS, camera, microphone or notifications depend on your device, operating system and the third-party service. We do not control those services and are not responsible for their accuracy, availability or terms. Connecting a service authorises us to read the data you approve; you can disconnect at any time in Settings or in the third party's app.

10. Free features, memberships and challenges

The Service is currently free. We may introduce paid memberships, in which case pricing, billing and cancellation terms will be shown before you buy and processed by Apple, Google or another payment provider under their terms. Free features may change or be withdrawn. Streaks, points, badges, boards and challenge standings have no cash value and may be recalculated or reset to correct errors or abuse.

Referral rewards and founding-member benefits are described where offered, are personal to you, and may be changed or withdrawn for abuse.

11. Our intellectual property

The Service, including its software, design, programs, workouts, plates and recipes, coaching scripts, Dexter's voice and personality, photographs, illustrations, text, logos and the names "The Pusher" and "Dexter", is owned by or licensed to The Pusher and protected by copyright, trademark and other laws. We grant you a personal, non-transferable, revocable licence to use the Service for your own non-commercial fitness. You may not copy, modify, distribute, sell, sub-license or create derivative works from any part of it except as these Terms allow.

Feedback and suggestions you send us may be used without obligation to you.

12. The Service is provided as is

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose, merchantability, accuracy, non-infringement, or that it will be uninterrupted, error-free, secure, or that any result (fitness, weight, performance or otherwise) will be achieved. Streaks, counts, calorie and effort figures may be wrong. Live sessions may drop. Notifications and timers may not fire.

13. Limitation of liability

To the fullest extent permitted by law, the Released Parties are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, profits, goodwill, or for personal injury, illness or death, arising from or connected to the Service or these Terms, whether in contract, tort (including negligence), statute or otherwise, even if advised of the possibility.

To the fullest extent permitted by law, the total aggregate liability of the Released Parties for all claims arising from or connected to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the twelve months before the event giving rise to the claim, and (b) fifty Canadian dollars.

Some jurisdictions do not allow certain exclusions or limits. Where that applies to you, the exclusions and limits in these Terms apply to the maximum extent the law allows, and any statutory rights you have as a consumer are not affected.

14. Indemnity

You agree to defend, indemnify and hold harmless the Released Parties from all claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising from or connected to your breach of these Terms, your content, your interactions with other members, your violation of any law or third-party right, or any injury or loss you cause to another person in connection with the Service.

15. Suspension and termination

You can stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if we reasonably believe you have breached these Terms, created risk or legal exposure for us or other members, or if we discontinue the Service. Sections 3, 5, 7 (licence), 11, 12, 13, 14 and 17 survive termination.

16. Changes to the Service and these Terms

We may change or discontinue any part of the Service at any time. We may update these Terms; the date at the top changes when we do, and for material changes we will ask you to accept again in the app or notify you by other reasonable means. Using the Service after a change means you accept the updated Terms. If you do not accept, stop using the Service and delete your account.

17. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. If you live outside Ontario, mandatory consumer-protection rules of your home jurisdiction may also apply and are not displaced by this section.

If you have a problem, contact us first at info@thepusherapp.com and we will try to resolve it informally within 30 days. If we cannot, the courts of Ontario have jurisdiction, subject to any right you have to bring a claim in the courts of your home jurisdiction or in a small-claims court.

18. General

These Terms and the Privacy Policy are the whole agreement between you and us about the Service. If any part is unenforceable, the rest stays in force and the unenforceable part is replaced by the closest enforceable term. Our not enforcing a right is not a waiver of it. You may not assign these Terms; we may assign them to a successor of the Service, including a company we form to operate it. Apple and Google are not parties to these Terms and have no obligations under them, except that Apple and its subsidiaries are third-party beneficiaries with the right to enforce them against you where the app is distributed through the App Store.

19. Contact

Questions about these Terms: info@thepusherapp.com.