Terms of Use

These Terms of Use ("Terms") are an agreement between you and Powers Tech Solutions ("we", "us") covering your use of the Paddle Trainer app for iPhone, iPad and Apple Watch ("the App") and any paddle ropes, cords, handles, anchors or other equipment you use with it ("Equipment"). By downloading or using the App you agree to these Terms, including the assumption of risk, release, and arbitration provisions in Sections 7, 9, and 17. If you do not agree, do not use the App.

1. License to the App

We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple devices you own or control, as permitted by the App Store terms. Apple's Licensed Application End User License Agreement also applies; where these Terms and Apple's agreement conflict, these Terms govern to the extent permitted.

2. Free plan

Everyone can use one guided workout at no charge, with no account and no time limit.

3. Full Access subscription

• Full Access unlocks every workout and the custom workout builder, and is sold as an auto-renewing monthly subscription through the Apple App Store.
• New subscribers who are eligible receive a 14-day free trial. If you do not cancel at least 24 hours before the trial ends, your Apple ID is charged the monthly price shown in the App.
• The subscription renews automatically each month at the then-current price unless cancelled at least 24 hours before the end of the current period.
• You can manage or cancel your subscription at any time in your Apple ID settings. Cancelling stops future renewals; you keep access until the end of the paid period.
• Billing, receipts, and refunds for the App are handled by Apple under Apple's terms. We cannot issue App refunds directly; request them through Apple.
• Prices may change. Apple will notify you before any change takes effect, and you may cancel before it applies.

4. Equipment

We do not make or sell Equipment. Any ropes, cords, handles, and any bench, ball, anchor, door, post or other object you attach them to or lie on, are chosen and used at your own risk. Before every session, check the cord, handles, clip and anchor for wear, fraying, cracks or looseness, and make sure the anchor will hold far more than your pulling force. Do not train if anything is damaged or unstable, and do not wrap cords around your hands, wrists or neck. Keep Equipment away from children when not in use. We are not responsible for Equipment made by others, or for damage to doors, walls or furniture you attach it to.

5. Not medical advice

• The App provides exercise routines and displays heart rate, cadence, and effort for informational and motivational purposes only. It is not a medical device, does not diagnose, treat, or prevent any condition, and does not provide medical advice.
• Consult a physician before starting any exercise or breath-hold program, and before using the App if you have, or suspect you have, a heart, lung, blood pressure, or circulatory condition, epilepsy or a seizure disorder, are pregnant, take medication that affects your heart rate or breathing, have a history of fainting, or have not exercised regularly.
• Heart rate and other readings come from your Apple Watch and may be inaccurate, delayed, or missing. Do not rely on them for medical decisions or for safety.

6. Breath-hold exercises

Some workouts ask you to hold your breath to simulate duck dives and hold-downs. Breath holding can cause dizziness, loss of consciousness, injury, and death, and the risk is greater when combined with exertion. You agree that:

• You will perform breath holds only on dry land, lying or kneeling on a stable surface, never in or near water, in a bath, pool, or vehicle, or while standing.
• You will never hyperventilate before a breath hold, and you will breathe normally and stop immediately if you feel dizzy, light-headed, or unwell.
• The hold times in the App are suggestions, not targets. You will shorten or skip any breath hold that is uncomfortable for you.
• Nothing in the App prepares you for breath holding in the ocean or trains you to survive a hold-down. Real waves are not a workout.

7. Assumption of risk

Physical exercise, including paddling motions with resistance, planks, sprints, and breath holds, carries inherent risks, including muscle, joint, shoulder, neck, and back injury, injury from a rope, handle or anchor failing or snapping back, cardiovascular events, fainting, and, in rare cases, death. Surfing and paddling in water carry further risks that the App does not address. You acknowledge that you understand these risks, that you are voluntarily choosing to use the App and your Equipment, and that you assume full responsibility for any injury, illness, loss, or damage that results, whether or not caused by something the App told you to do. You alone decide whether you are fit to exercise, how hard to work, and when to stop.

8. No supervision or emergency response

The App does not watch you, cannot tell if you are in distress, and will not contact anyone on your behalf. Its instructions are automated and do not adapt to your health. Exercise where help is available, and do not use the App while operating a vehicle or in any situation where distraction could be dangerous.

9. Release and waiver

To the fullest extent permitted by law, you release, waive, and discharge Powers Tech Solutions, its owners, employees, contractors, and affiliates (the "Released Parties") from any and all claims, demands, and causes of action, whether known or unknown, arising out of or connected with your use of the App or any Equipment used with it, including claims for personal injury, illness, death, or property damage, and including claims based on the negligence of the Released Parties. You agree not to sue the Released Parties on any released claim. If you are a California resident, you waive California Civil Code Section 1542, 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."

10. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from any claims, damages, losses, liabilities, and expenses, including reasonable legal fees, arising from your use of the App or your Equipment, your breach of these Terms, or your violation of any law or the rights of a third party.

11. Minors

The App is intended for adults. If you are under 18, you may use it only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf and accepts responsibility for your use.

12. Acceptable use

You may not copy, modify, reverse engineer, resell, or redistribute the App or any part of it, circumvent its purchase mechanisms, or use it in any way that violates the law or Apple's terms.

13. Intellectual property

The App, its workouts, artwork, and content, and this website, are owned by Powers Tech Solutions and protected by copyright and other laws. These Terms grant no ownership rights.

14. Privacy

Our Privacy Policy explains how we handle your data and is part of these Terms.

15. Disclaimer of warranties

The App is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, safety, that it will meet your fitness goals, or uninterrupted operation. We do not warrant that using it will make you a better surfer, improve your fitness, or keep you safe. Some jurisdictions do not allow these exclusions, so they may not apply to you.

16. Limitation of liability

To the fullest extent permitted by law, the Released Parties will not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or for personal injury, illness, death, lost profits, or loss of data, arising out of or relating to the App, these Terms, or any Equipment used with the App, under any legal theory, even if we were advised of the possibility of such damages. To the extent liability cannot be excluded, our total liability for all claims will not exceed the greater of the amount you paid for the App in the twelve months before the claim or ten US dollars (US$10). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the smallest amount the law allows.

17. Dispute resolution and class action waiver

Before filing a claim, you agree to contact us at the email below and try to resolve the dispute informally for at least 30 days. Any dispute that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in California or by video, rather than in court, except that either party may bring an individual claim in small claims court. You and we each waive the right to a jury trial and to participate in a class action, class arbitration, or representative proceeding. If this class action waiver is found unenforceable for a particular claim, that claim must be brought in court and not in arbitration. You may opt out of arbitration by emailing us within 30 days of your first use of the App.

18. Termination

You may stop using the App at any time. We may suspend or end your access if you breach these Terms. Sections 4 through 11 and 13 through 19 survive termination.

19. Changes

We may update these Terms. The effective date above will change when we do. Continued use of the App after an update means you accept the revised Terms.

20. Governing law and severability

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law rules. If any part of these Terms is found unenforceable, the rest remains in effect and the unenforceable part is enforced to the maximum extent the law allows.

21. Contact

Questions about these Terms? Email powerstechsolutions@gmail.com.