Terms of Use

Last updated: April 23, 2026 Version: 4

These Terms of Use (the "Terms") are a contract between you and Pulkit Kakkar, an individual developer based in Ontario, Canada ("we," "us," or "Kettle Muscle"). They govern your use of the Kettle Muscle mobile application and any related websites or services (collectively, the "Service").

Please read section 13 (Limitation of Liability), section 14 (Dispute Resolution), and section 15 (Consumer-Rights Preservation) carefully. Section 14 requires US residents to resolve most disputes through individual arbitration and waives class actions. Section 15 preserves mandatory consumer rights for users in the EU, UK, Canada, Brazil, India, and other jurisdictions that protect them.

Note to reviewers. This is a protective first draft for counsel review. Placeholders in {{…}} are filled as the listed business actions land.

1. Acceptance of these Terms

By creating an account, by continuing past the sign-in screen without an account, or by otherwise using the Service, you affirmatively agree to these Terms and to our Privacy Policy. If you do not agree, you must not use the Service.

When you create an account, the app presents these Terms and the Privacy Policy with a dedicated "I agree" control. Tapping that control records the date and the version of the documents that you accepted. That record is a condition of the account.

If you are using the Service on behalf of an organisation or another person, you represent that you have the authority to bind them to these Terms.

2. Who may use the Service

You may use the Service only if:

• You are at least thirteen (13) years old;
• You are at least sixteen (16) years old if you reside in the European Economic Area or the United Kingdom (or have the consent of a holder of parental responsibility);
• You are at least eighteen (18) years old if you reside in India; and
• You are not barred from using the Service under the laws of your jurisdiction or the United States.

If you use the Service in a professional capacity — for example, as a coach logging a client's workouts — you represent that you have the right under the laws applicable to you and your client to do so.

You also represent that you are in a physical condition suitable for strength training and that you have, if necessary, consulted a qualified healthcare professional before beginning any new exercise programme (see section 6).

3. Your account

You may create an account using Sign in with Apple, Sign in with Google, or an email address and password. You may also use the Service without an account ("local-only mode"); data in that mode stays on your device and cannot be recovered if you uninstall, wipe, or lose the device.

• Account security. You are responsible for keeping your sign-in credentials confidential and for all activity under your account. Notify us promptly at contact@kettlemuscle.com if you suspect unauthorised access.
• One person per account. Your account is for you. Do not share it.
• Sign in with Apple. If you created your account with Apple, you may revoke Kettle Muscle's access at any time from iOS Settings. Doing so will not automatically delete your account — use Profile → Privacy → Delete account to also delete the data.
• Accurate information. Please keep the information in your profile accurate. You can edit it at any time.

4. What the Service does (and does not) do

Kettle Muscle is a strength-training companion that lets you log workouts, computes recovery and fatigue estimates, and offers suggestions based on the history you entered. Certain features may use artificial intelligence — see section 7.

The Service is not a medical device. It does not diagnose, prevent, monitor, treat, or alleviate any disease, injury, or disability. It is not a substitute for professional medical, nutritional, or fitness advice.

Availability. The Service is offered "as available." We may add, change, suspend, or discontinue any feature, and we may temporarily interrupt access for maintenance, security, or operational reasons without prior notice.

5. Your content; licence to us

You retain all rights in the workouts, notes, photos, body measurements, preferences, and other content you enter ("Your Content"). We do not acquire any ownership of Your Content.

To operate the Service for you, you grant us a limited, worldwide, non-exclusive, royalty-free, revocable licence to host, process, store, transmit, reproduce, display, and generate derived analytical output from Your Content (such as fatigue estimates and progress charts), strictly for the purposes of providing and improving the Service for you — for example, to sync your data between your devices, to compute your fatigue state, to render it back to you in the interface, or to include it in a data export you request.

This licence ends when you delete Your Content or your account, except that we may retain:

• Backup copies for a limited period as described in our Data Retention Policy; and
• De-identified or aggregated data derived from Your Content that cannot reasonably be associated with you again, if you opted in to research aggregation.

You represent that you have the right to provide Your Content to us and that Your Content does not infringe the rights of any third party or violate any law.

6. Fitness: assumption of risk and "no medical advice"

Exercise carries inherent risk. Lifting heavy objects, progressive overload, and training to fatigue can cause injury, including serious or permanent injury. By using the Service you acknowledge and agree:

1. You are voluntarily participating in physical exercise, and you assume the ordinary risks associated with it.
2. You are responsible for evaluating your own fitness and should consult a qualified healthcare professional before starting, changing, or intensifying an exercise programme, especially if you have or suspect a medical condition, injury, or pregnancy.
3. Nothing in the Service is medical advice. Suggestions, prescriptions, fatigue estimates, and any textual output produced by the Service are based on general principles and the data you entered, and are not personalised by a qualified clinician.
4. Stop and seek help if something hurts. If you experience pain, dizziness, or any symptom that concerns you, stop the activity and consult a medical professional. Do not rely on the Service to evaluate a medical situation.
5. Use appropriate equipment and supervision. Spotter, safety bars, and qualified coaching are your responsibility.

These acknowledgements and assumption of risk do not apply to the extent they would be void under the consumer-protection laws of your jurisdiction (see section 15). Nothing in this section limits our responsibility for death or personal injury caused by our negligence, or for fraud or any other liability that, under the laws applicable to you, cannot by law be excluded or limited.

7. Artificial intelligence features

Kettle Muscle may include artificial-intelligence features. Today, the Service does not transmit your data to any third-party AI provider by default. The following rules apply to any AI feature the Service may offer now or in the future:

• AI output is not advice. Anything produced by an AI feature is informational, may be inaccurate or incomplete, and is not a substitute for the advice of a qualified medical, nutritional, or fitness professional.
• Your own keys, your own terms. If you choose to enable an AI feature by providing your own API key (for example, for OpenAI, Anthropic, or Google), your prompts and the context you include are sent directly from your device to the provider you chose, under that provider's terms and privacy policy. We do not see those prompts.
• Acceptable use. You must not use AI features to generate content that: provides medical diagnoses or prescriptions to yourself or others; exceeds weight or intensity prescriptions beyond a safe envelope derived from your actual training history; impersonates another person; violates the applicable AI provider's terms; or would otherwise violate section 8.
• We will tell you before introducing a server-side AI feature. If we ever offer an AI feature we host, we will update our Privacy Policy, name the provider, describe what data leaves your device, and request your separate opt-in consent.
• EU AI Act. Where an AI feature is enabled, the interface will clearly indicate AI interaction and AI-generated output, consistent with Article 50 of the EU AI Act (applicable 2026-08-02).

8. Acceptable use

When using the Service, you agree not to:

• Use the Service in violation of any applicable law or regulation, including without limitation export-control, sanctions, tax, and consumer-protection laws;
• Interfere with, disrupt, overload, or impair the integrity or performance of the Service or any third-party service it relies on;
• Attempt to access, probe, or test the vulnerability of any part of the Service, or to breach or circumvent any security or authentication measure;
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent that such restriction is prohibited by applicable law;
• Use any robot, scraper, or automated means to access the Service except as permitted by a published API or robots file;
• Use the Service to infringe any copyright, trademark, patent, trade-secret, privacy, publicity, or other right of any person or entity;
• Upload or transmit any content that is unlawful, defamatory, harassing, obscene, fraudulent, or otherwise objectionable;
• Impersonate another person, misrepresent your affiliation, or forge headers;
• Use the Service to generate or share content intended to promote disordered eating, weight-loss extremism, or other content harmful to yourself or others;
• Attempt to exceed safe training parameters computed by the Service, including by manipulating inputs to bypass safety caps;
• Resell, sublicense, or commercially exploit the Service, except as expressly permitted by us in writing.

We may investigate and take appropriate action against any violation, including suspending or terminating your account and reporting to law-enforcement authorities where warranted.

9. Intellectual property

The Service, including its software, design, text, graphics, sound, video, and the "Kettle Muscle" name and logo, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, personal, non-transferable, non-exclusive, revocable licence to install and use one copy of the Service on a device you own or control, solely for your personal, non-commercial purposes and subject to these Terms.

No rights are granted to you other than those expressly stated. We reserve all rights not expressly granted.

Feedback. If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback without obligation to you, subject to any moral rights that cannot be waived under applicable law.

10. Purchases, subscriptions, and virtual goods

The current version of the Service does not offer paid features. If and when we do:

• In-app purchases and subscriptions will be processed by Apple through the App Store, or by Google through Google Play, according to their respective payment terms and refund policies. Those terms govern your purchase.
• Auto-renewal (when introduced). Payment will be charged to your Apple ID or Google account at confirmation of purchase. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage or cancel a subscription in your account settings with Apple or Google after purchase.
• Trials and promotional pricing. If we offer a free trial, any unused portion of the trial is forfeited when you purchase a subscription, unless applicable law requires otherwise.
• Consumer rights to cancel. Consumers in the EU, UK, and other jurisdictions with a statutory right to withdraw from a distance contract retain those rights as prescribed by applicable law. Where a subscription is delivered as digital content with your express consent before the withdrawal period has ended, you acknowledge that the right of withdrawal may be lost to the extent permitted by that law.
• Taxes. Where applicable, taxes may be added to the listed price.

If a purchase is made in error, contact us and we will cooperate in good faith with the store's refund process.

Pre-launch note. Before the first paid tier goes live, this section will be updated to include the specific published price, the length of the subscription period, and direct in-app cancellation instructions, as required by Apple Schedule 2 §3.8(b), the Google Play Subscriptions Policy, the US FTC Negative Option Rule, and the California Automatic Renewal Law.

11. Third-party services

The Service relies on and integrates with services offered by third parties, including Apple, Google (including Firebase), and — only if you enable them — AI providers such as OpenAI, Anthropic, and Google Gemini. Your use of those services is governed by their own terms and privacy policies. We are not responsible for, and do not endorse, third-party services. Some third-party services may be unavailable in your region, and we are not responsible for their availability.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY OUTPUT OR ADVICE OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE.

This section does not override the mandatory consumer warranties that apply under the laws of your country of residence (see section 15), including implied warranties under the EU Digital Content Directive (2019/770), the UK Consumer Rights Act 2015, and similar consumer statutes. Where those laws grant you rights that cannot be waived, those rights are preserved and apply.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. No indirect or consequential damages. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES; FOR LOST PROFITS, LOST REVENUES, LOST DATA, OR LOSS OF GOODWILL; OR FOR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. Liability cap. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD 100).

   The cap in this section 13.2 does not apply to (i) residents of any jurisdiction whose law prohibits or restricts such a cap in a consumer contract (including without limitation the European Union, European Economic Area, United Kingdom, Quebec, and Brazil), (ii) any liability identified in section 13.3, or (iii) any non-waivable statutory remedy preserved under section 15. For those users, our liability is limited only to the maximum extent that the law applicable to them permits.

3. What this section cannot limit. Nothing in these Terms excludes or limits our liability for:

   • Death or personal injury caused by our negligence;
   • Fraud or fraudulent misrepresentation;
   • Any other liability that cannot, under the laws applicable to you, be excluded or limited.

   If you are a consumer in the European Union, European Economic Area, United Kingdom, Brazil, Canada, India, or any other jurisdiction that grants consumers non-waivable rights or remedies, those rights and remedies are preserved in full (see section 15), and any limitation in this section 13 that would be void under those laws is read to apply only to the extent that law permits.

14. Dispute resolution

14.1 Informal resolution first

We would much rather resolve a dispute informally. Before filing anything formal, please contact us at contact@kettlemuscle.com with a description of the issue. We will try to resolve it within sixty (60) days.

14.2 Binding individual arbitration (US residents only)

If you reside in the United States, and except for disputes excluded below, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules (or AAA's Consumer Arbitration Rules where JAMS is unavailable), in English. The arbitration will be seated in the US county of your residence, or, if the parties agree, conducted remotely by video. A single arbitrator will decide any issue of arbitrability.

• Class-action waiver. You and we each waive the right to participate in a class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class proceeding.
• Small-claims carve-out. Either party may bring an individual claim in a small-claims court of competent jurisdiction in lieu of arbitration, if the claim qualifies.
• Injunctive relief for intellectual property. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights.
• Thirty-day opt-out. You may opt out of this arbitration agreement by sending written notice to contact@kettlemuscle.com with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms. Opting out will not affect any other provision of these Terms.
• Mass-arbitration protocol. If 25 or more substantially similar arbitration demands are filed by or against us within any six-month period and the demands are represented by the same law firm or a coordinated group of firms, the parties agree to a batched-bellwether process: up to ten (10) bellwether cases, selected by the parties (half each), will proceed to arbitration first. Filing-fee obligations for the remaining cases are tolled during the bellwether phase. After the bellwethers conclude, the parties will engage in good-faith mediation informed by the outcomes before any further demand proceeds. Nothing in this subsection is intended to deny any claimant access to the dispute-resolution forum; it is a case-management procedure only.
• If any part of this section is unenforceable, it will be severed, and the remaining parts will remain in effect — except that if the class-action waiver is found unenforceable, the arbitration agreement itself will also be unenforceable in that respect.

14.3 Residents outside the United States

If you reside outside the United States, section 14.2 does not apply to you. You retain the right to bring a claim in the courts of your country of residence, to the extent provided by the mandatory consumer-protection laws of that country. In particular:

• European Union / EEA. Consumers may bring proceedings before the courts of their member state of residence; mandatory consumer-protection law of that member state applies (Regulation (EC) 593/2008 — "Rome I" — Article 6).
• United Kingdom. Consumers may bring proceedings in the courts of England and Wales, Scotland, or Northern Ireland as applicable.
• Canada (non-Quebec residents). Proceedings may be brought in the courts of Ontario, Canada, or in the province of your residence as required by its consumer-protection laws.
• Quebec residents. You may bring proceedings exclusively in the courts of Quebec having jurisdiction. Nothing in these Terms deprives you of your right to bring an action in those courts, and any clause that would do so is null and void under Quebec Consumer Protection Act section 11.1. The arbitration and class-action waiver in section 14.2 do not apply to Quebec residents, consistent with the Supreme Court of Canada's decision in Dell Computer Corp. v. Union des consommateurs, [2007] 2 SCR 801.
• Brazil. Proceedings may be brought in the consumer's domicile under Article 101 of the Consumer Defence Code.
• India. Proceedings may be brought under the Consumer Protection Act, 2019 and the Digital Personal Data Protection Act, 2023, including through the applicable consumer dispute redressal mechanism.

14.4 Governing law

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws rules, except to the extent that the mandatory consumer-protection laws of your country of residence would otherwise apply, in which case those mandatory laws apply in addition to, or where required in place of, Ontario law (see section 15).

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

15. Consumer-rights preservation

Nothing in these Terms limits or excludes any right or remedy that, under a law applicable to you, cannot be limited or excluded, including:

• In the European Economic Area and Switzerland: mandatory rights under the Consumer Rights Directive (2011/83/EU), the Unfair Contract Terms Directive (93/13/EEC), the Digital Content and Digital Services Directive (2019/770/EU), the Sale of Goods Directive (2019/771/EU), the General Data Protection Regulation (2016/679), and each member state's transposition and supplementary consumer legislation;
• In the United Kingdom: mandatory rights under the Consumer Rights Act 2015 and the UK GDPR;
• In Canada: mandatory rights under the federal Personal Information Protection and Electronic Documents Act and provincial consumer-protection and privacy laws, including Ontario's Consumer Protection Act, 2002, Quebec's Consumer Protection Act and Law 25, Alberta's Consumer Protection Act, and British Columbia's Business Practices and Consumer Protection Act;
• In Brazil: mandatory rights under the Consumer Defence Code (Law 8.078/1990) and the LGPD (Law 13.709/2018);
• In India: mandatory rights under the Consumer Protection Act, 2019, the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023;
• In California and other US states: mandatory rights under state consumer-protection, consumer-privacy, and consumer-health-data statutes, including the California Consumer Privacy Act as amended (CCPA/CPRA) and the Washington My Health My Data Act.

If any provision in these Terms conflicts with a right or remedy that cannot be waived under a law applicable to you, that provision is modified to the minimum extent necessary to preserve your rights, and the remainder of these Terms remains in effect.

16. Termination

• By you. You can stop using the Service at any time, by signing out, uninstalling the app, or deleting your account at Profile → Privacy → Delete account. Account deletion cascades: data held in our backend is removed, and — if you signed in with Apple — we also revoke your Apple ID token via Apple's REST endpoint in accordance with Apple App Review Guideline 5.1.1(v), so that Kettle Muscle no longer appears in iOS Settings → Apple ID → Sign in with Apple.
• By a web request if you have uninstalled the app. If you no longer have Kettle Muscle installed, you may request deletion of your account and associated data from the public web page at https://kettlemuscle.com/delete-account. We will verify your identity by email before acting on the request.
• By us. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we are required to do so by law, if you create risk or possible legal exposure for us or other users, or if we cease operating the Service in your jurisdiction. We will give reasonable notice where practical and required by applicable law.
• Effect of termination. On termination, your right to use the Service ends immediately. Sections 5 (licence already granted during the term), 6 (acknowledgements and assumption of risk for conduct during the term), 9 (intellectual property), 12 (disclaimers), 13 (limitation of liability), 14 (dispute resolution), 15 (consumer-rights preservation), 17 (indemnification), 18 (changes), and 19–22 (miscellaneous) survive.

17. Indemnification by you

To the maximum extent permitted by applicable law, and except to the extent you are a consumer whose jurisdiction prohibits or limits such an obligation (see section 15), you will defend, indemnify, and hold harmless Kettle Muscle and its personnel from and against any claim, demand, loss, damage, cost, or expense (including reasonable attorneys' fees) brought by a third party and arising out of or related to:

• Your material breach of the Acceptable Use rules in section 8;
• Your infringement of a third party's intellectual-property, privacy, or publicity rights through content or conduct attributable to you; or
• Your fraud or willful misconduct.

You may not settle any claim that imposes an obligation on us without our prior written consent. This section does not apply to any matter for which we bear sole or joint responsibility, and does not expand any obligation that would be unenforceable against you as a consumer under the law applicable to you.

18. Changes to these Terms

We may update these Terms from time to time, but only for the following reasons: (i) to comply with applicable law, regulator guidance, or a court or regulator order; (ii) to reflect a change to the features, security, or operation of the Service; (iii) to address fraud, abuse, or a security risk; (iv) to reflect a change in a third-party processor or payment-platform policy; (v) for typographical, formatting, or clarifying changes that do not materially alter your rights or our obligations; or (vi) for any other reason expressly permitted by the consumer-protection law applicable to you.

If a change is material — for example, a new fee, a material change to the dispute-resolution clause, or a material change to how Your Content is used — we will:

1. Bump the version number and update the "Last updated" date at the top of this document;
2. Provide reasonable advance notice of the change, in-app and (where we have your address) by email, before the change becomes effective;
3. Give you a reasonable opportunity to close your account without penalty if you do not agree; and
4. Where a change legally requires renewed consent, obtain that consent before the change applies to you.

For non-material changes (such as clarifying wording without altering your rights or our obligations), updating the "Last updated" date is sufficient.

Your continued use of the Service after a change takes effect constitutes your acceptance of the updated Terms to the extent permitted by applicable law.

19. Copyright — DMCA and equivalent notices

We respect intellectual-property rights. If you believe that content accessible through the Service infringes your copyright, you may send a notice that complies with the US Digital Millennium Copyright Act (17 U.S.C. §512) or the equivalent in your jurisdiction.

Send notices to our designated agent at:

• Email: contact@kettlemuscle.com (subject: "DMCA Notice")
• Postal: {{DMCA_AGENT_ADDRESS}}

A valid notice must identify: the copyrighted work claimed to be infringed; the material allegedly infringing, with enough detail for us to locate it; your contact information; a statement of good-faith belief that the use is not authorised; a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorised to act on the owner's behalf; and your physical or electronic signature.

Counter-notice procedure (17 U.S.C. §512(g)). If we remove or disable access to content in response to a copyright notice and you believe the notice was mistaken or your use is lawful, you may submit a written counter-notice that includes: (a) your physical or electronic signature; (b) identification of the material that was removed and the location at which it appeared before removal; (c) a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, for any judicial district in which Kettle Muscle may be found), and that you will accept service of process from the person who provided the original notice or their agent. Send counter-notices to our designated agent at the addresses above. Upon receipt of a valid counter-notice, we will follow the procedure set out in §512(g)(2).

We may terminate the accounts of users who are the subject of repeated valid copyright notices.

20. Export controls and sanctions

You represent that you are not located in, and not a national of or resident of, any country or region subject to a comprehensive US embargo (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that you are not on any US Government sanctions list. You will not export, re-export, or transfer the Service in violation of applicable export-control or sanctions laws.

21. Notices

We may give you notice by in-app message, by email to the address on file, or through a notice posted in the app. You may give us notice by email to contact@kettlemuscle.com.

22. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any policies we reference, are the entire agreement between you and us about the Service, and supersede any prior understanding.
• Severability. If any provision of these Terms is held unenforceable, the rest remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.
• No waiver. Our failure to enforce any provision is not a waiver of that provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor by merger, acquisition, or sale, or to an affiliate, in each case with written notice to you. If we assign these Terms to a party whose privacy or consumer-rights posture is materially less favourable to you than ours, you may close your account without penalty on notice to us.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship.
• No third-party beneficiaries. Except that (i) Apple Inc. is a third-party beneficiary of these Terms for the purpose of enforcing them against you as a user of an iOS application distributed through the App Store, and (ii) Google LLC is a third-party beneficiary of these Terms for the purpose of enforcing them against you as a user of an Android application distributed through Google Play, these Terms do not create any third-party beneficiary rights.
• Apple end-user licence. Your use of the iOS app is also subject to Apple's Licensed Application End User Licence Agreement; in the event of any conflict between Apple's EULA and these Terms concerning the iOS app specifically, these Terms govern except where Apple's EULA is required by Apple to apply.
• Language. These Terms are written in English. If they are translated, the English version governs in the event of a conflict, except where the law of your jurisdiction requires a local-language version to govern.

23. Contact

Questions about these Terms: contact@kettlemuscle.com.

End of Terms of Use.