Terms of Service

By accessing or using VOLUM ("Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and VOLUM. Your use of the Service signifies your acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference.

2.1 Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you must have permission from a parent or legal guardian. By creating an account, you represent and warrant that you meet these requirements.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Immediately notify us of any unauthorized access or security breach
• Accept responsibility for all activities under your account

2.3 Account Types

We may offer different types of accounts (free, premium, etc.). Features and limitations vary by account type. We reserve the right to modify account types, features, and pricing at any time.

3.1 Permitted Use

You may use the Service for lawful purposes only, in accordance with these Terms. The Service is designed to help you track workouts, monitor fitness progress, and share achievements.

3.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Use automated systems (bots, scrapers, etc.) without our express written permission
• Transmit viruses, malware, or any malicious code
• Harass, abuse, threaten, or intimidate other users
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information about other users
• Use the Service to distribute spam or unsolicited messages
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or modify any copyright, trademark, or proprietary notices

4.1 Your Content

You retain all ownership rights to the content you create, upload, or share through the Service ("User Content"), including workout data, progress photos, comments, and shared achievements.

4.2 License to VOLUM

By submitting User Content, you grant VOLUM a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business operations, including for promotional purposes.

4.3 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate any third-party rights
• Your User Content complies with these Terms and applicable laws
• Your User Content does not contain illegal, harmful, or offensive material

4.4 Content Moderation

We reserve the right (but have no obligation) to monitor, review, remove, or modify User Content at our sole discretion, without notice, for any reason, including if we believe it violates these Terms or may harm the Service or other users.

5.1 VOLUM Property

The Service, including all content, features, functionality, software, code, designs, graphics, logos, and trademarks (excluding User Content), is owned by VOLUM and is protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include any right to:

• Resell or make commercial use of the Service
• Modify, copy, or create derivative works
• Download or copy content (except as expressly permitted)
• Use data mining, robots, or similar data gathering tools

6.1 Data Collection

We collect information you provide directly, usage data, and information from third-party services (like Google OAuth). This includes:

• Account information (name, email, profile data)
• Workout data (exercises, sets, reps, weights, dates)
• Usage analytics and interaction data
• Device and browser information
• Cookies and similar tracking technologies

6.2 Analytics & Tracking

We use analytics tools and tracking technologies to understand how users interact with our Service, improve user experience, fix bugs, and optimize performance. This may include:

• Page views, clicks, and navigation patterns
• Feature usage and engagement metrics
• Error logs and performance data
• A/B testing and experimentation data

7.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your right to use the Service will immediately cease.

7.2 Termination by VOLUM

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice or liability, for any reason, including if you:

• Breach these Terms
• Engage in prohibited activities
• Provide false or misleading information
• Engage in fraudulent or illegal activities
• Harm other users or the Service

7.3 Effect of Termination

Upon termination, all licenses and rights granted to you will immediately cease. We may delete your account and User Content, though some data may be retained as required by law or for legitimate business purposes. Sections of these Terms that by their nature should survive termination will survive.

8.1 "AS IS" Service

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

8.2 No Guarantees

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors or defects will be corrected
• The Service will meet your specific requirements
• User Content or data will not be lost or corrupted

8.3 Health & Fitness Disclaimer

VOLUM is not a medical device or health care provider. The Service does not provide medical advice, diagnosis, or treatment. Any health, fitness, or nutritional information is for informational purposes only. You should consult with a qualified healthcare professional before beginning any exercise program or making health-related decisions.

8.4 Third-Party Services

The Service may contain links to third-party websites or integrate with third-party services (e.g., Google OAuth, social media platforms). We are not responsible for the content, privacy practices, or terms of any third-party services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOLUM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Any injury, illness, or harm resulting from use of the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page with a new "Last Updated" date
• Sending an email notification to your registered email address
• Displaying a prominent notice within the Service

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

You agree to indemnify, defend, and hold harmless VOLUM and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which VOLUM operates, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes may be resolved through binding arbitration or in the courts of competent jurisdiction.

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VOLUM regarding the Service and supersede all prior agreements.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

13.5 Contact Information

For questions about these Terms, please contact us through the Service or at the contact information provided on our website.