Effective Date: March 23, 2026  |  Last Updated: March 23, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and the developer of SURGE Coach ("we," "us," or "our"). By downloading, installing, accessing, or using the SURGE Coach mobile application (the "App"), you agree to be bound by these Terms.

If you do not agree to these Terms, do not download or use the App. We reserve the right to modify these Terms at any time. Continued use of the App after changes are posted constitutes acceptance of the modified Terms.

2. Eligibility

You must be at least 13 years old to use SURGE Coach. Users between 13 and 17 years of age must have parental or guardian consent. By using the App, you represent and warrant that you meet these age requirements.

Age verification is performed during account creation. Providing a false date of birth to circumvent age restrictions is a violation of these Terms and may result in account termination.

3. Account Registration

To use SURGE Coach, you must create an account by providing a valid email address, a display name, and your date of birth. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and account credentials.
• Promptly update your information if it changes.
• Accept responsibility for all activity that occurs under your account.
• Notify us immediately if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate accounts that contain false information or are used in violation of these Terms.

4. Description of Service

SURGE Coach is a fitness coaching application that provides:

• Personalized workout programming across multiple training disciplines (intervals, WODs, running).
• Workout timers optimized for gym environments.
• Training load management and readiness scoring.
• Nutrition tracking and calorie management tools.
• Personal record tracking and progress analytics.
• Integration with Apple Health and Google Health Connect.

The coaching engine operates entirely on your device using rule-based algorithms. SURGE Coach does not use cloud-based AI or large language models to generate workout recommendations.

5. Health and Fitness Disclaimer

By using SURGE Coach, you acknowledge and agree that:

• Not Medical Advice: The workout programs, training recommendations, readiness scores, and nutritional guidance provided by the App are for informational and educational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment.
• Physical Risk: Exercise involves inherent risks of physical injury. You assume full responsibility for any injuries or health issues that may result from using workout programs generated by the App.
• Pre-Existing Conditions: If you have any medical conditions, injuries, or health concerns, you should consult a physician before using the App. The injury flag and modification features in the App are not a substitute for medical guidance.
• Calorie and Nutrition Estimates: Calorie burn estimates and nutritional calculations are approximations based on MET values and user-provided data. Actual values may vary by +/-15% or more. Do not rely solely on these estimates for medical or dietary decisions.
• Training Load Metrics: ACWR (Acute:Chronic Workload Ratio) and readiness scores are coaching tools, not clinical assessments. They should inform, not dictate, your training decisions.
• Listen to Your Body: Always prioritize how you feel over what the App recommends. If you experience pain, dizziness, shortness of breath, or any other concerning symptoms during exercise, stop immediately and seek medical attention.

6. Subscriptions and Payments

6.1 Subscription Plans

SURGE Coach offers both free and premium features. Premium features are available through the following subscription plans:

• Monthly: $19.99/month
• Annual: $129.99/year
• Lifetime: $249.99 (one-time purchase)

Prices are in US dollars and may vary by region. Current pricing is always displayed in the App before purchase.

6.2 Billing and Renewal

• Subscriptions are billed through Apple's App Store (iOS) or Google Play Store (Android).
• Monthly and annual subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription price.
• Subscription management is handled by RevenueCat on our behalf.

6.3 Free Trials

If a free trial is offered, it will be clearly indicated before purchase. Any unused portion of a free trial is forfeited when you purchase a subscription. Free trial eligibility is limited to one per user per platform.

6.4 Cancellation and Refunds

• You may cancel your subscription at any time through your device's App Store or Google Play Store settings.
• Cancellation takes effect at the end of the current billing period. You will retain access to premium features until that date.
• Refunds are handled by Apple or Google according to their respective refund policies. We do not process refunds directly.
• Lifetime purchases are non-refundable except as required by applicable law or platform policies.

7. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to reverse engineer, decompile, disassemble, or otherwise extract source code from the App.
• Attempt to access other users' accounts or data.
• Circumvent, disable, or otherwise interfere with security-related features of the App.
• Use automated systems (bots, scrapers, etc.) to access the App or its services.
• Upload or transmit viruses, malware, or other harmful code.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the App in any manner that could damage, disable, overburden, or impair our servers or infrastructure.
• Share your account credentials with others or allow multiple people to use a single account.

8. Intellectual Property

All content, features, and functionality of the App -- including but not limited to the coaching algorithms, workout programming logic, user interface design, graphics, text, and software code -- are owned by us and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial fitness purposes, subject to these Terms.

You may not:

• Copy, modify, or distribute any part of the App.
• Use the App's content to create competing products or services.
• Remove or alter any proprietary notices or labels on the App.

8.1 Workout Names

Certain workout names referenced in the App (e.g., "Fran," "Murph," "Grace") are commonly known benchmark workouts in the fitness community. Their inclusion does not imply endorsement by or affiliation with any organization. "CrossFit" is a registered trademark of CrossFit, LLC. SURGE Coach is not affiliated with or endorsed by CrossFit, LLC.

9. User-Generated Content

You retain ownership of any data or content you create within the App, including workout logs, personal records, and nutritional data ("User Content"). By using the App, you grant us a limited license to store, process, and display your User Content solely for the purpose of providing the App's services to you.

We do not use your User Content for advertising, marketing to third parties, or any purpose other than delivering the App's core functionality.

10. Account Deletion

You may delete your account at any time from within the App (Settings > Account > Delete Account). Upon deletion:

• All personal data associated with your account will be permanently purged from our servers within 30 days.
• This action is irreversible. We cannot recover deleted accounts or data.
• Active subscriptions are not automatically canceled by account deletion. You must cancel your subscription separately through your device's App Store or Google Play Store settings to avoid further charges.

11. Disclaimers and Limitation of Liability

11.1 "As Is" Provision

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11.2 No Guarantee of Results

We do not guarantee any specific fitness results, weight loss, muscle gain, performance improvement, or health outcome from using the App. Results vary based on individual factors including genetics, diet, consistency, effort, and pre-existing health conditions.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OF OR INABILITY TO USE THE APP;
• ANY INJURY, ILLNESS, OR HEALTH ISSUE ARISING FROM WORKOUTS PERFORMED USING THE APP;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP;
• ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED THROUGH THE APP;
• ANY ERRORS, INACCURACIES, OR OMISSIONS IN CALORIE ESTIMATES, TRAINING RECOMMENDATIONS, OR OTHER CONTENT.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless SURGE Coach, its developer, affiliates, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including but not limited to any injury or health issue resulting from workouts performed using the App.

13. Termination

We may suspend or terminate your account and access to the App at any time, with or without cause, with or without notice. Grounds for termination include but are not limited to:

• Violation of these Terms.
• Providing false information during registration.
• Engaging in fraudulent activity.
• Attempting to compromise the security of the App or other users' data.

Upon termination, your right to use the App immediately ceases. Sections 5, 8, 11, 12, 14, and 15 survive termination.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, the dispute shall be resolved through binding arbitration administered by a mutually agreed-upon arbitration service, conducted in the English language.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Exceptions: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance resulting from events beyond our reasonable control.

16. Third-Party Services

The App integrates with third-party services including Apple Health, Google Health Connect, Apple App Store, Google Play Store, and RevenueCat. Your use of these services is governed by their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page.
• Notify you via in-app notification for significant changes.
• Post the updated Terms at this URL.

Your continued use of the App after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App and delete your account.

18. Contact Us

If you have questions or concerns about these Terms, please contact us at:

Email: legal@surgecoach.app