These Terms are an agreement between you and TallyWOD LLC, a South Carolina limited liability company (“TallyWOD,” “we,” “us”), governing your use of the TallyWOD mobile application (the “App”). By tapping “I agree” or using the App, you accept these Terms. If you do not agree, do not use the App.
You must be at least 18, or have the consent of a parent or legal guardian who agrees to these Terms on your behalf.
TallyWOD grants you a limited, non-exclusive, non-transferable, revocable license to use the App on Apple devices you own or control, for your personal, non-commercial use, subject to these Terms and Apple’s standard end-user license terms for App Store apps.
Paid features require a subscription processed by Apple through the App Store. TallyWOD does not collect or store your payment information.
The App provides workout programming and fitness tracking. It is not medical advice. Physical exercise carries inherent risks, including serious injury or death. Your use is also subject to the Medical & Injury Disclaimer, which you must accept before using the App. By using the App, you knowingly assume all such risks.
Our information practices are described in the Privacy Policy. The App operates locally on your device. We do not maintain user accounts and do not collect personally identifiable information on our servers.
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR YOUR PARTICULAR HEALTH OR FITNESS CONDITION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALLYWOD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL. TALLYWOD’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID TALLYWOD IN THE 12 MONTHS PRECEDING THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain exclusions, so portions of this section may not apply to you.
READ CAREFULLY. THIS AFFECTS YOUR LEGAL RIGHTS.
You and TallyWOD agree that any dispute arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Charleston, South Carolina (or by phone or video at your election). Small-claims court actions are excluded.
YOU AND TALLYWOD MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A CLASS OR REPRESENTATIVE PLAINTIFF. The arbitrator may not consolidate claims or preside over class proceedings.
30-day opt-out. You may opt out by emailing support@tallywod.com within 30 days of first accepting these Terms, with your name, the device on which you installed the App, and a clear statement that you wish to opt out of arbitration.
These Terms are governed by South Carolina law. Subject to Section 7, the state and federal courts in Charleston County, South Carolina have exclusive jurisdiction.
These Terms are between you and TallyWOD, not Apple. Apple is not responsible for the App. In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple is a third-party beneficiary of these Terms and may enforce them.
We may update these Terms. When we make material changes, we will increment the version and require you to accept the updated Terms in the App. Older versions remain at tallywod.com/legal.
Questions: support@tallywod.com.