Terms of Service

1. Agreement to these Terms

By creating an account, tapping Complete at the end of sign-up, signing up an organization, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Services.

If you use the Services for an organization (a gym, team, school or business), you agree for that organization and confirm you're authorized to. In that case "you" includes the organization.

We may update these Terms. If a change is material, we'll tell you in the app or by email before it takes effect. Continuing to use the Services after a change takes effect means you accept it. Changes don't apply to a dispute we already know about (see Dispute resolution).

2. Eligibility and accounts

• Age. You must be at least 13 to use the Services. Children under 13 may not create an account.
• Minors (13 to 17). A parent or legal guardian must review and agree to these Terms for you, and is responsible for your use of the Services. If you're a parent or guardian agreeing for a minor, you accept these Terms, including the assumption of risk and release, for yourself and for them.
• Organizations with minors. An organization that invites or enrolls anyone under 18 confirms it has that person's parent or guardian consent, both to these Terms and to the organization's use of their information, and supervises their participation.
• Your account. Give accurate information, keep your password private, and don't share your account. You're responsible for what happens under it. Tell us at train@prsvr.co if you think someone else is using it.
• One person, real identity. Don't impersonate anyone or create accounts for others without their permission.

3. Health and safety

• Stop if something is wrong. Stop exercising and get medical help right away if you feel chest pain, faintness, unusual shortness of breath, irregular heartbeat, or pain that doesn't feel like normal training.
• Not for emergencies. PRSVR doesn't monitor you and can't call for help. In an emergency, call 911 or your local emergency number.
• Train within your limits. Use proper form, safe equipment and a safe space, and scale or skip anything that doesn't suit your fitness, health or injuries, even if it was assigned to you.
• Device data is approximate. Heart rate, steps, distance, calories, GPS and other readings from your phone, Apple Health or sensors can be inaccurate and aren't medical-grade.
• No guaranteed results. Results depend on many things outside our control.

4. Assumption of risk and release

Release. To the fullest extent permitted by law, you release and agree not to sue PRSVR and its members, managers, employees, contractors and agents (the "PRSVR Parties") for any claim, injury, illness, death, loss or damage arising out of or related to exercise, training or other activities you do in connection with the Services, including claims based on the PRSVR Parties' ordinary negligence. If you are a parent or guardian, you give this release for yourself and for the minor.

California Civil Code § 1542. You waive the protection of California Civil Code § 1542 (and similar laws elsewhere), which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

This release doesn't cover claims that can't be released by law, such as claims for gross negligence, fraud or willful misconduct.

5. Organizations, coaches and members

PRSVR is software that organizations, coaches and individuals use to plan and track training. Most programs, workouts, exercises, videos, audio cues and messages in PRSVR are created by organizations and their coaches, not by PRSVR.

If you're a member

• Your organization decides which coaches, programs and members you see. If you don't choose an organization, you join the PRSVR community organization.
• Coaches and staff in your organization can see your training activity and profile, assign you workouts and message you. Other members can see your activity in the organization feed and leaderboard. The Privacy Policy lists exactly what.
• Coaches are staff of their organization. Unless a coach works for PRSVR, PRSVR doesn't employ, supervise, screen or certify them, and isn't responsible for their programming, instructions or conduct. Your relationship with a coach or organization is between you and them.

If you run an organization or coach

• You're responsible for your organization's content, programming, coaching and supervision, for how your staff use the Services, and for meeting the laws and duties that apply to you (including consent, safety, insurance and professional standards).
• You must have the right to everything you upload, including exercise videos, images, audio and any voice you use for audio cues, and the consent of anyone who appears in or is identifiable in it.
• You must use members' information only to coach and run your organization, in line with our Privacy Policy and the law, and get any consents you need, including a parent or guardian's consent for minors.
• You agree to defend and indemnify the PRSVR Parties against claims arising from your programming, coaching, supervision, content, or your staff's or members' participation in your organization, except to the extent caused by PRSVR's own breach of these Terms.
• The Owner controls the organization's account and billing. Platform administrators at PRSVR can access organizations to provide support and keep the Services running.

6. Subscriptions, payments and cancellation

PRSVR+ (in the iOS app)

• PRSVR+ is an auto-renewing subscription sold through Apple's App Store. Apple charges your Apple ID, and Apple's terms govern the purchase.
• It renews automatically at the price and period shown when you buy (for example monthly or yearly) until you cancel. Apple charges for the next period within 24 hours before the current one ends.
• To cancel, go to your Apple ID's Subscriptions in the Settings app at least 24 hours before renewal. Deleting the app or your PRSVR account does not cancel it.
• Free trials, when offered, convert to a paid subscription at the end of the trial unless you cancel before it ends.
• Refunds are handled by Apple under its policies. We can't issue refunds for App Store purchases.
• Organizations can give their members access to features without PRSVR+.

Organization plans (on the web)

• Organizations pay a base fee plus a fee for each member account (each coach and athlete is a seat), at the prices shown when you sign up or later notified to you. Prices exclude taxes, which you pay.
• New organizations start with a free trial. After it, billing is every 30 days. If a card is on file, it's charged automatically; otherwise we email an invoice payable within 7 days. Payments are processed by Stripe under Stripe's terms.
• If a payment is overdue, we may suspend (freeze) the organization until it's paid.
• We'll give at least 30 days' notice of a price increase. It applies from your next billing period after that.
• To cancel, the Owner can delete the organization in the web app or email train@prsvr.co. Cancellation stops future billing; it doesn't refund periods already billed.
• Fees are non-refundable except where the law requires a refund or we say otherwise in writing.

Programming sold by coaches

Some coaches sell custom programming through PRSVR. The coach is the seller and is responsible for what they deliver; the coach may accept or decline a request. Payment goes to the coach through Stripe, and PRSVR keeps a platform fee disclosed to the coach. Coaches who sell agree to Stripe's Connected Account Agreement. Refunds and disputes about a coach's programming are between you and the coach, though we may help.

7. Your content

"Your content" is what you add to PRSVR: profile details, photos, workout logs, notes, messages, reactions, and, for organizations and coaches, programs, exercises, videos, audio, blog posts and other material.

• You keep ownership of your content. Content created for an organization belongs to that organization, as between you and it.
• You give us a license to host, store, copy, process, display and transmit your content, and to adapt it (for example resizing images or generating audio from text), only as needed to run, improve and support the Services and as described in our Privacy Policy. The license is worldwide and royalty-free, and lasts while your content is in the Services, plus any time needed to remove it from backups.
• Content you share is visible to the people you share it with, such as your organization. Others may have copies (for example, messages they received) after you delete it.
• Feedback. If you send us ideas or suggestions, we can use them without owing you anything.

8. Community rules

PRSVR has zero tolerance for objectionable content or abusive users. You agree not to:

• Harass, bully, threaten, stalk or discriminate against anyone, or post hateful, violent, sexually explicit or otherwise objectionable content.
• Post content that's illegal, infringes someone's rights, or reveals someone else's private information without permission.
• Upload anything involving a minor that's inappropriate, or contact minors for any purpose other than legitimate coaching within their organization.
• Give unsafe or dangerous training instructions, or present yourself as a medical professional if you aren't one.
• Spam, advertise without permission, or misuse messaging.
• Break, probe or overload the Services; get around access controls or payments; scrape data; or copy, reverse engineer or resell the Services, except where the law allows.
• Use the Services to build a competing product or to train AI models.

Report a message in the app (press and hold it, then tap Report), or report content or users to train@prsvr.co. We review reports and may remove content, and suspend or ban accounts, for breaking these rules. We aim to act on reports of objectionable content within 24 hours.

9. AI features

Some features use artificial intelligence, including Spot (the AI coach in the iOS app), the coach assistant in the web app, and AI-generated text and audio cues. They're provided by third-party AI providers described in the Privacy Policy.

• Coaches are responsible for reviewing AI suggestions before applying or publishing them. Anything you publish is your content.
• What's sent. When you use an AI feature, the information it needs (such as your question, training data and, for Spot, health summaries from Apple Health) is sent to the AI provider to produce a response. The Privacy Policy explains what and how.
• Voice. Only use a voice for audio cues that you own or have written permission to use.
• We may limit, change or remove AI features, including usage limits or charges, with notice where required.

10. PRSVR's rights

The Services, including the software, design, the PRSVR name and logo, and PRSVR's own content (such as the global exercise library and our programs), belong to PRSVR and its licensors and are protected by law. We give you a personal, revocable, non-transferable, non-exclusive license to use the Services under these Terms. We keep all rights we don't expressly grant.

We may change, suspend or stop any part of the Services. We'll try to give notice of changes that significantly affect paying customers.

11. Third-party services and devices

The Services work with services we don't control, such as Apple Health, Apple Maps, Bluetooth heart-rate sensors, Stripe, the App Store and linked websites. Your use of them is governed by their terms, and we aren't responsible for them or for their availability or accuracy.

12. If you use the iOS app

These terms apply in addition to Apple's standard license agreement, and they control where the two differ:

• These Terms are between you and PRSVR, not Apple. PRSVR, not Apple, is responsible for the app and its content.
• Your license to the app is limited to Apple-branded devices you own or control, as allowed by the App Store's usage rules.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to meet a warranty that applies by law, you may notify Apple, and Apple will refund the app's purchase price, if any. Apple has no other warranty obligation.
• Apple isn't responsible for claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, consumer protection claims, or claims that the app infringes someone's intellectual property. PRSVR is responsible for those to the extent these Terms say so.
• You confirm you aren't in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and aren't on a U.S. government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

13. Copyright complaints

If you believe content in PRSVR infringes your copyright, send a notice to train@prsvr.co with: your contact details; the work you claim is infringed; where the content is in PRSVR; a statement that you believe in good faith the use isn't authorized; a statement, under penalty of perjury, that your notice is accurate and you're the owner or authorized to act for the owner; and your physical or electronic signature. We may remove the content and will end the accounts of repeat infringers.

14. Suspension and termination

You can stop using the Services and delete your account at any time (in the iOS app under Account → Settings → Delete account, or by emailing us). We may suspend or end your access if you break these Terms, create risk or legal exposure for us or others, don't pay, or if we stop offering the Services. Where reasonable, we'll tell you first.

Sections that by their nature should survive (including assumption of risk and release, content licenses needed to remove content, disclaimers, limitation of liability, indemnity, and dispute resolution) survive termination.

15. Disclaimers

Some places don't allow these exclusions, so some may not apply to you.

16. Limitation of liability

These limits apply to every theory of liability (contract, tort including negligence, or otherwise) and even if a remedy fails of its essential purpose. They don't limit liability that can't be limited by law, such as for gross negligence, fraud, willful misconduct, or death or personal injury caused by our gross negligence.

17. Indemnity

You'll defend and indemnify the PRSVR Parties against third-party claims, and related losses, costs and reasonable legal fees, arising from your content, your breach of these Terms or the law, or your violation of someone else's rights. For organizations and coaches, this includes the obligations in Organizations, coaches and members. We'll tell you about the claim and may choose to take part in the defense with our own counsel.

18. Dispute resolution and arbitration

• Talk to us first. Before starting arbitration or a small-claims case, send a written description of the dispute and what you want to train@prsvr.co. We'll do the same by email to you. Both sides will try in good faith to resolve it for 60 days.
• Binding arbitration. If it isn't resolved, any dispute arising out of or relating to these Terms or the Services (including whether this section applies) will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or its Commercial Arbitration Rules for disputes with organizations. The Federal Arbitration Act governs this section. The arbitrator can award the same individual relief a court could. For consumers, fees are allocated as the AAA rules provide, and we'll pay any filing fee above what a court would charge you. Hearings can be held by video, by phone, or in the county where you live.
• Exceptions. Either side may bring an individual claim in small-claims court, or ask a court for an injunction to stop infringement or misuse of intellectual property or the Services. Claims for public injunctive relief, where the law doesn't allow them to be arbitrated, will be decided by a court after individual claims are arbitrated, and are paused until then.
• No class actions. Claims may be brought only individually, not as a plaintiff or class member in a class, collective, consolidated or representative proceeding, and the arbitrator can't combine more than one person's claims. If this class-action waiver is found unenforceable for a claim, that claim (and only that claim) goes to court.
• Many similar claims. If 25 or more similar demands are filed by or with the help of the same lawyers or group, they'll be administered in batches of up to 50 under the AAA's mass arbitration procedures, and both sides agree to that process.
• 30-day opt-out. You can opt out of this arbitration agreement by emailing train@prsvr.co within 30 days of first agreeing to these Terms, with your name, account email and a clear statement that you opt out. Opting out doesn't affect the rest of these Terms.
• Changes. If we change this section, the change won't apply to a dispute either side already gave notice of.

19. Governing law and courts

California law governs these Terms, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs the arbitration section. For anything not subject to arbitration, you and PRSVR agree to the exclusive jurisdiction of the state and federal courts located in California. If you're a consumer, you keep any protection of the law where you live that can't be waived by contract.

20. General terms

• Entire agreement. These Terms, the Privacy Policy and any terms shown at purchase are the whole agreement about the Services and replace earlier versions.
• Severability. If part of these Terms is unenforceable, it will be enforced as far as possible and the rest stays in effect.
• No waiver. Not enforcing a term isn't a waiver of it.
• Assignment. You can't transfer these Terms without our consent. We may transfer them, for example in a merger or sale of the business.
• Electronic notices. You agree to receive notices and agreements electronically, by email or in the Services. Notices to us go to train@prsvr.co.
• Events outside our control. We aren't liable for delays or failures caused by events beyond reasonable control, such as outages of our providers, natural disasters or labor disputes.
• Export and sanctions. You'll comply with U.S. export and sanctions laws.
• Relationship. Nothing in these Terms creates a partnership, employment or agency relationship.

21. Contact

PRSVR LLC, a California limited liability company. Email train@prsvr.co for questions, legal notices, reports and opt-outs.