Version: 2.0
Effective date: July 1 2016
These Terms of Service (the "Terms") are a binding agreement between you and HWPO LLC ("HWPO," "we," "us," or "our"). They govern your access to and use of HWPO's websites, mobile applications, training programs, memberships, personalized and automated features, connected services, human and digital coaching, nutrition and wellness tools, communities, events, content, rewards, storefronts, customer support, and other products or services that link to these Terms (collectively, the "Services"). Please read these Terms carefully. By creating an account, clicking to accept these Terms, purchasing or using a subscription or product, participating in a community or event, or otherwise using the Services, you agree to these Terms and acknowledge the Privacy Policy. If you do not agree, do not use the Services.
You must be at least 16 years old to use the Services. If you are under the age of legal majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian. That person must review and agree to these Terms on your behalf and is responsible for your use of the Services.
You may not use the Services if applicable law prohibits you from doing so. If you use the Services for an organization, affiliate, gym, or team, you represent that you have authority to bind that organization to the applicable agreement.
The Services are intended for personal fitness and general-wellness use unless HWPO has entered into a separate written business agreement with you. Some products, programs, features, communities, promotions, or events may have additional eligibility rules.
The Services may include:
Features, content, products, availability, and eligibility may vary by plan, device, location, platform, inventory, or rollout group. A description of a feature is not a promise that it will always be available. Certain features may be identified as beta, experimental, preview, or invite-only.
Fitness, nutrition, recovery, connected-data, coaching, and personalized features are designed to support training, performance, and general wellness. Unless HWPO expressly tells you otherwise in a separate written agreement:
Do not ignore or delay professional medical advice because of anything in the Services. Consult a qualified healthcare professional before starting or materially changing an exercise, nutrition, or wellness program, particularly if you are pregnant or postpartum; have an injury, illness, disability, cardiovascular risk, eating-disorder history, or other medical condition; take medication that may affect exercise or nutrition; or have concerns about laboratory, genetic, hormonal, fertility, sleep, or recovery information.
The Services do not continuously monitor you and cannot detect or respond to an emergency. Community moderators, coaches, support personnel, and automated systems are not emergency responders and may not review your content in real time. If you think you may be experiencing a medical or other emergency, stop using the Services and contact local emergency services immediately.
Exercise involves inherent risks, including overexertion, dehydration, falls, equipment failure, aggravation of an existing condition, serious injury, and death. Changes to nutrition, hydration, recovery, or supplementation may also carry risks. Results vary between people and no particular performance, health, body-composition, or fitness outcome is guaranteed.
You are responsible for:
Never attempt a movement, load, intensity, volume, dietary change, or product use that exceeds your experience, ability, medical clearance, or available safety support. Any decision to follow a program, coach statement, community suggestion, personalized insight, or automated output is yours.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
You must provide accurate account information and keep it current. You are responsible for maintaining the confidentiality of your credentials and for activity occurring through your account. Do not share, sell, transfer, or commercially exploit your personal account.
Notify HWPO promptly at contact@hwpotraining.com if you suspect unauthorized access. We may require identity verification, reset credentials, suspend access, or take other reasonable steps to protect users and the Services.
Some features may rely on profile settings, goals, equipment, location, training history, permissions, or other information you supply. Keep that information accurate and review it when your circumstances change.
Depending on the features you enable, the Services may use your messages, submitted media, goals, training plan, workout history, benchmarks, connected-device metrics, laboratory or genetics summaries, nutrition information, preferences, prior interactions, and information about the screen or workout you are viewing. The Privacy Policy explains how this information is processed and disclosed.
Connected services and optional uploads are controlled by the permissions and choices presented to you. You may disconnect a source or withdraw future permissions through available settings. Disconnecting a source does not necessarily delete information already received by HWPO; deletion is addressed in the Privacy Policy and Consumer Health Data Notice.
Do not submit information about another person unless you have the right and any legally required permission to do so. Avoid including unnecessary identifiers, faces, addresses, medical records, or other sensitive details in photos, videos, documents, and messages.
The Services may generate readiness scores, performance ranges, recovery trends, risk indicators, biological-age or longevity estimates, fertility-support information, nutrition estimates, correlations, forecasts, or other inferred information. These are estimates or projections derived from available data and assumptions. They may be incomplete, inaccurate, delayed, or unsuitable for your circumstances.
An "optimal," "target," or "performance" range shown by HWPO is not a clinical reference range and does not replace the reference range, interpretation, or advice supplied by a laboratory or clinician. Genetic information describes possible predispositions and does not establish that you have or will develop a trait, injury, condition, or response.
You are responsible for reviewing information imported, entered, or extracted from devices and documents. Sensors, optical character recognition, document parsing, provider APIs, user entries, data matching, and unit conversions can introduce errors. Compare imported information with the original source and correct or reject inaccurate information before relying on it.
Some features use rules, statistical systems, or artificial intelligence. An automated or generative feature is not a human being, even if it uses a persona, conversational style, or coaching voice. Unless the interface expressly identifies human review, an output was not personally reviewed or written by an HWPO employee, identified athlete, human coach, or licensed professional.
Automated systems can produce inaccurate, incomplete, inconsistent, outdated, or fabricated content. They may misunderstand your question, an image, underlying data, equipment, schedule, or physical capabilities. They may fail to identify a dangerous situation or propose an unsuitable change.
Independently review an output before acting on it. Confirm important facts against the original program, device, report, product label, or a qualified professional. Automated outputs are informational and are not medical advice, professional judgment, or a guarantee of safety or results.
The Services may propose changes to workouts, schedules, sets, repetitions, intensity, notes, benchmarks, completed activities, program position, preferences, or personalization memories. Where a confirmation step is provided, the proposal should not change your record or programming until you approve it. You are responsible for reviewing the proposal and its effect.
Personalization processes may affect the fitness, wellness, content, or shopping experience shown to you. They are not intended to make decisions producing legal or similarly significant effects concerning employment, insurance, credit, housing, education, or access to healthcare. Where available, you may use the original prescribed workout instead of a personalized version.
Human coaches may have different qualifications, employment status, availability, and scopes of service. Human coaching, video review, response time, and access are limited to what your plan or purchase describes. A coaching relationship through HWPO is not a licensed healthcare relationship unless a separate written agreement expressly says otherwise.
You authorize assigned coaches and authorized personnel to access the content and context reasonably needed to provide the coaching or review you request. Do not submit unlawful recordings or media of another person without permission.
You may not use coaching or automated features to obtain emergency instructions, diagnose or treat a condition, prescribe medication, determine whether to seek medical care, make high-impact decisions about another person, generate unlawful content, or bypass safety controls. You may not represent an automated output as advice from a licensed professional or as personally authored by an identified human unless it was.
Some Services require a recurring subscription, one-time purchase, or other payment. Prices, billing periods, included features or content, and applicable taxes are displayed before purchase. You authorize the applicable payment provider to charge the payment method associated with your purchase.
Digital content and access are licensed, not sold, for personal use under these Terms. Except where law requires otherwise, you may not transfer, resell, or share paid digital access.
Unless disclosed otherwise, a recurring subscription renews automatically at the end of each billing period until canceled. You must cancel before renewal to avoid the next charge. Deleting the app, deleting an account, or ceasing use does not cancel a subscription.
If you subscribed or purchased through Apple, Google, Stripe, or another third-party storefront, that provider may process payment and control cancellation, billing, and refund procedures. You may need to manage the purchase through the same provider. The provider's terms also apply to the transaction.
You may cancel through the applicable account or storefront settings. Unless applicable law or purchase-specific terms require otherwise, subscription cancellation takes effect at the end of the paid billing period and amounts already paid for digital access are nonrefundable. HWPO may provide a refund, credit, or other remedy at its discretion without creating an obligation to do so in another case.
Mandatory consumer cancellation, cooling-off, refund, and renewal rights in your jurisdiction are not limited by this section.
HWPO may change prices or plan features with advance notice required by applicable law. A subscription price change will ordinarily apply at a future renewal. If you do not agree, cancel before that renewal.
HWPO may offer physical products through an HWPO storefront. Product images, colors, measurements, specifications, ingredients, materials, and descriptions are provided for convenience and may vary within reasonable manufacturing or display tolerances. Product availability is not guaranteed, and placing an order does not reserve inventory until the order is accepted.
Follow all product labels, instructions, warnings, care requirements, expiration information, and manufacturer guidance. Do not use a product for an unintended purpose. If a product is consumable or relates to wellness, review ingredients and allergens and consult a qualified professional where appropriate.
Your order is an offer to purchase. HWPO may accept, reject, limit, or cancel an order for inventory, pricing or description errors, suspected fraud, shipping restrictions, misuse, or other legitimate reasons. An order acknowledgment is not necessarily acceptance. If HWPO cancels after payment, the amount charged for the canceled item will be refunded.
You are responsible for providing accurate billing, shipping, contact, sizing, and order information. Products are for personal use and not for commercial resale unless HWPO agrees otherwise in writing.
Prices and currency are shown at checkout and may change without notice before purchase. Shipping, duties, taxes, and other charges will be disclosed or calculated as required. You authorize HWPO and its payment and commerce providers to process the transaction and related fraud checks.
Shipping destinations, methods, charges, restrictions, and estimated delivery times are shown at checkout or in an applicable Shop policy. Delivery dates are estimates, not guarantees. Delays may occur because of carriers, customs, weather, inventory, address errors, or events outside reasonable control.
Title and risk of loss transfer as provided by applicable law and any checkout-specific terms. You are responsible for inspecting a delivery and promptly reporting a missing, incorrect, damaged, or defective item through the stated support channel.
Returns, exchanges, order changes, and refunds for physical products are governed by the return or purchase policy presented in the Shop or at checkout. Certain products may be final sale or subject to hygiene, customization, perishability, or other lawful restrictions that are disclosed before purchase.
Any product warranty is limited to the express warranty supplied with the product, if any, plus mandatory warranties that cannot be excluded. Nothing in these Terms limits nonwaivable consumer, product-liability, recall, or warranty rights.
HWPO may offer points, streaks, achievements, tiers, discounts, referral benefits, promotional codes, giveaways, trials, or similar programs. Additional rules disclosed with a program apply.
Unless HWPO expressly states otherwise, rewards and points:
HWPO may modify or end a rewards or promotional program with notice required by law. A discount code may not apply to taxes, shipping, excluded products, prior purchases, or other charges. If a product purchase is returned, points or discounts associated with that purchase may be reversed.
Community features may include member profiles, groups, posts, comments, reactions, polls, chats, direct messages, media, attachments, mentions, live streams, scores, rankings, challenges, events, RSVPs, attendee lists, virtual links, and in-person location information.
Content is visible to the audience indicated by the feature, which may be another person, a group, members, event attendees, coaches, administrators, or the public. A private or members-only label limits the intended audience but does not guarantee that a recipient will not copy, save, record, screenshot, or redistribute content. Do not share sensitive information unless you are comfortable with the indicated audience receiving it.
Messages and community content are not monitored continuously. HWPO does not endorse or verify every statement, score, identity, qualification, product claim, event, or recommendation made by a user, coach, partner, or organizer.
You must treat others respectfully. You may not harass, threaten, stalk, discriminate against, exploit, impersonate, deceive, spam, manipulate rankings, disclose another person's private information, or post unlawful, infringing, sexually exploitative, or materially harmful content.
HWPO may investigate reports and may moderate, refuse, remove, restrict, preserve, or disclose content; limit messaging or event access; reset manipulated scores; or suspend accounts where reasonably necessary to operate the Services, enforce these Terms or community guidelines, protect people or systems, or comply with law. HWPO does not undertake a duty to pre-screen all content.
An event may be hosted online, in person, by HWPO, or by a user or partner. Event details, locations, participant lists, capacity, fees, recordings, waivers, and host rules will be disclosed where applicable. You are responsible for assessing an event, location, host, participants, equipment, travel, and activity before attending.
Unless HWPO expressly agrees otherwise in writing, HWPO is not the organizer or supervisor of an independently organized member meetup and is not responsible for another user's acts or omissions. If an event may be recorded, streamed, or photographed, the interface or organizer should provide notice; do not attend or enable your camera or microphone if you do not agree, subject to applicable refund terms and law.
Leaderboards, achievements, comparisons, and rewards may rely on user-entered or device-reported information and may be delayed, incomplete, or inaccurate. HWPO may correct or remove results affected by error, ineligibility, manipulation, or misconduct. Rankings are for engagement and do not certify athletic performance, health, identity, or qualification.
"User Content" includes profiles, messages, posts, comments, reactions, polls, photos, videos, audio, live streams, event information, workout and nutrition notes, scores, uploaded files, coaching submissions, prompts, feedback, support requests, and other material you submit through the Services.
You retain ownership of your User Content. You grant HWPO a worldwide, nonexclusive, royalty-free license to host, store, reproduce, transmit, display, format, translate, analyze, moderate, and otherwise use User Content as reasonably necessary to operate, secure, support, personalize, and improve the Services; comply with law; and enforce these Terms. For User Content you intentionally make public, the license also includes displaying and promoting that content within or in connection with the Services. This license lasts for as long as the relevant User Content is retained under the Privacy Policy, subject to technical backup cycles and legal obligations.
You represent that you have all rights and permissions needed to submit User Content and permit HWPO to use it as described. You are responsible for your User Content and its consequences. If User Content depicts or identifies another person, you must have any consent required to submit and share it.
Private User Content is not made public merely because it is submitted to a private coaching, automated, support, or storage feature. If you choose to share a chat, photo, result, achievement, community post, event, or other content, the recipient or audience may save, copy, or redistribute it outside HWPO's control.
You may not:
HWPO may investigate suspected violations and remove content, restrict features, cancel orders or promotional benefits, or suspend or terminate accounts where reasonably necessary.
The Services, including software, training programs, exercise libraries, articles, videos, graphics, product designs, trademarks, scoring methods, rules, system prompts, model customizations, curated datasets, and other HWPO content, are owned by HWPO or its licensors and are protected by intellectual-property law.
Subject to these Terms and your plan or purchase, HWPO grants you a limited, personal, revocable, nonexclusive, nontransferable license to access and use the Services for their intended noncommercial purpose. No ownership rights are transferred to you.
HWPO, HWPO TRAINING, HARD WORK PAYS OFF, associated logos, and other marks are trademarks or trade dress of HWPO or its licensors. You may not use them without permission.
If you provide suggestions or product feedback, you grant HWPO a perpetual, worldwide, transferable, sublicensable, royalty-free right to use that feedback without restriction or compensation. This does not authorize HWPO to identify you publicly without permission.
The Services may connect to or rely on third parties, including wearable platforms, health-data providers, app stores, payment processors, commerce platforms, carriers, fulfillment providers, video hosts, community platforms, identity providers, analytics providers, and artificial-intelligence infrastructure.
Your relationship with a third party is governed by that party's terms and privacy practices. You authorize HWPO to exchange information with a connected or transaction service as described at the time of connection or purchase and in the Privacy Policy. HWPO is not responsible for a third party's independent acts, data, sensors, algorithms, availability, security, content, delivery, or terms.
You may revoke a connection through HWPO or the third-party service where available. Revocation may prevent future transfers without deleting information already transferred.
The HWPO Privacy Policy explains how HWPO collects, uses, discloses, retains, and protects personal data across the Services. Its Consumer Health Data Notice describes additional practices and rights relating to health information. By using the Services, you acknowledge those notices.
Where applicable law requires consent for health data or another processing activity, HWPO will seek that consent separately. You may withdraw consent prospectively as described in the Privacy Policy, although doing so may disable features that require the information.
HWPO works to keep the Services available, but uninterrupted or error-free operation is not guaranteed. Maintenance, outages, third-party failures, network conditions, device compatibility, inventory, safety concerns, legal requirements, or feature changes may limit access.
HWPO may add, modify, suspend, or discontinue a feature, community, program, product, reward, integration, or content offering. If a change materially reduces the core functionality of a paid plan during its current billing period, HWPO will provide any notice or remedy required by law.
Beta or preview features may be incomplete, change without notice, produce unexpected results, or be discontinued. Do not rely on them for time-critical or safety-critical purposes.
To the fullest extent permitted by law, the Services are provided "as is" and "as available." HWPO disclaims implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, availability, quiet enjoyment, and results.
HWPO does not warrant that:
Product-specific express warranties and nonwaivable statutory warranties remain applicable. Some jurisdictions do not allow particular warranty exclusions. In that case, the exclusions apply only to the extent permitted.
Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death or personal injury caused by negligence where such liability cannot be limited, a defective product where applicable law does not permit limitation, or any other liability that applicable law does not permit HWPO to exclude or limit.
To the fullest extent permitted by law, HWPO and its affiliates, licensors, officers, directors, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, opportunities, goodwill, or data; or business interruption arising from or related to the Services, even if advised that such damage was possible.
To the fullest extent permitted by law, the aggregate liability of HWPO and the other HWPO parties for all claims arising from or relating to the Services or these Terms will not exceed the greater of:
The limitations in this section apply to the extent permitted by applicable consumer law and regardless of the legal theory of the claim. They do not limit rights or remedies that cannot lawfully be waived.
To the extent permitted by law, if you use the Services on behalf of a business or for commercial purposes, organize an event through the Services, or sell or promote goods or services without HWPO's written authorization, you will defend, indemnify, and hold harmless HWPO and its affiliates, officers, directors, employees, and agents from third-party claims and reasonable costs arising from your unlawful use, your User Content, your event or commercial activity, or your material breach of these Terms.
This section does not apply to an individual consumer to the extent prohibited by applicable law.
You may stop using the Services at any time. You may request account deletion through available account settings or by contacting HWPO. Subscription cancellation, pending product orders, returns, and account deletion are separate actions. Cancel through the applicable purchase channel to prevent future renewal and contact Shop support about a pending order.
HWPO may suspend or terminate access if you materially or repeatedly violate these Terms, create risk or legal exposure, fail to pay, misuse the Services, or if suspension is reasonably necessary to protect users or systems. HWPO may also remove content, cancel unfulfilled orders, reverse rewards, restrict community access, or preserve information where permitted by law. Where appropriate and legally required, HWPO will provide notice and an opportunity to address the issue.
Upon termination, your license to use the Services ends. Provisions that by their nature should survive will survive, including payment and fulfillment obligations, intellectual property, disclaimers, liability limitations, dispute provisions, and accrued rights.
These Terms are governed by the laws of the State of Vermont, without regard to conflict-of-laws principles, except that mandatory consumer laws in your place of residence continue to apply where they cannot be waived.
Before filing a claim, you and HWPO agree to try in good faith to resolve it informally. Send a written notice describing the dispute and requested resolution to contact@hwpotraining.com. If the dispute is not resolved within 30 days, either party may proceed in court.
Subject to mandatory local consumer rights, the state and federal courts located in Vermont will have exclusive jurisdiction over disputes arising from these Terms or the Services. You and HWPO consent to personal jurisdiction in those courts.
Nothing in this section prevents either party from seeking injunctive relief to protect intellectual property, privacy, security, or confidential information, or from using an eligible small-claims procedure.
HWPO may update these Terms to reflect changes in the Services, products, law, risk, or business operations. The updated Terms will state their effective date. If a change materially affects your rights, HWPO will provide reasonable advance notice through the Services, email, or another appropriate method unless an immediate change is required for security or law.
Your continued use after the effective date of updated Terms constitutes acceptance where permitted by law. If you do not agree, stop using the Services and cancel any subscription before its next renewal.
These Terms, the Privacy Policy, any community guidelines, event terms, promotion rules, return or purchase policy, feature-specific terms, and any applicable signed agreement form the agreement between you and HWPO. More specific terms control if they conflict with these Terms for the applicable feature, event, or transaction.
An unenforceable provision will be enforced to the maximum permissible extent and the rest remain effective. Failure to enforce is not a waiver. You may not assign these Terms without written consent. HWPO may assign them with a merger, acquisition, reorganization, financing, or transfer of the relevant business, subject to law.
No third party may enforce these Terms except an HWPO party protected by Sections 18 and 19. Headings are for convenience. Electronic communications and acceptances satisfy writing requirements where permitted.
HWPO LLC
520 Avenue D, Williston, VT 05495, USA
Email: contact@hwpotraining.com
Website: hwpotraining.com, app.hwpotraining.com, shop.hwpotraining.com, and gym.hwpotraining.com
For privacy requests, please contact us at contact@hwpotraining.com; do not email sensitive documents.