Terms of Use

Last Updated: [20 April 2025]

1. Introduction and Acceptance

Please read these Terms of Use, including those set forth in the Privacy Policy (https://overloadworkout.com/privacy), which is hereby incorporated by reference (together, the “Terms”) carefully before using the OVERLOAD WORKOUT application (the “App”) and the website https://overloadworkout.com (the “Site”).

These Terms are a contract entered into between You (“you,” “your,” “yours”) and OVERLOAD WORKOUT Ltd (“we,” “us,” “our,” “OVERLOAD WORKOUT”). These Terms govern your use of and access to the App and Site, including any content, functionality, and services offered on or through them (collectively, the “Services”). These Terms apply to all visitors, users and others who wish to access or use the App and/or Site.

The App is not intended for and is not designed to attract individuals under 18 years of age. If you are under 18 years of age, you must not access or use the App or Site.

BY SIGNING UP FOR AN ACCOUNT AND USING OUR APP, SITE OR SERVICES, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD, HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. DURING THE SIGN-UP PROCESS, YOU WILL BE GIVEN THE OPPORTUNITY TO READ THESE TERMS AND OUR PRIVACY POLICY AND WILL BE REQUIRED TO PROVIDE YOUR YEAR OF BIRTH TO CONFIRM YOU MEET THE MINIMUM AGE REQUIREMENT. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES.

You cannot accept these Terms if you are not lawfully entitled to use the App under any applicable laws in the country in which you are located or resident. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws.

We, or our third-party affiliates, may make improvements and/or changes in the capabilities, features, prices, and availability of the App or Site at any time. Subject to the ‘Fee Changes’ section regarding existing subscriptions, such changes may occur without prior notice. You agree that we are not and shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App, the Site, the Services or any portion or functionality thereof, except as may be required by applicable law or platform store policies.

For any questions about these Terms of Use, please contact us at [email protected].

2. Accounts and Permitted Use

Access to and use of the Services requires you to create an account (“Account”). We have the right to refuse to provide you with an Account at our sole discretion, for any reason or no reason at all, in which case you shall not use the Services.

Upon signing up, you will be given the opportunity to read these Terms and our Privacy Policy. By proceeding with the sign-up, you confirm that you accept these Terms, have acquainted yourself with our Privacy Policy, and are at least 18 years old. You are only permitted to have one Account. If your Account is terminated by us for a breach of these Terms, you may not be permitted to create another Account.

You may use the Services only for their intended purpose: to track your strength training workouts, view historical data, gain insights based on your tracked data, utilise features designed to suggest potential progressive overload strategies, and receive actionable insights related to your training logs.

Any use for other purposes or particular misuse of the Services, Site, or App, is not permitted. You agree not to use your Account, the Site, the App, or the Services in order to:

  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, discriminatory (based on race, religion, gender, sexual orientation, etc.), or promotes violence, or is otherwise prohibited or objectionable;
  • impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
  • impersonate a medical professional, certified personal trainer, or falsely state or otherwise misrepresent your affiliation with a medical, fitness, or educational entity or facility;
  • transmit or otherwise make available any content that you do not have a right to make available (e.g., infringing on intellectual property rights), or that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Site, App, or Services;
  • Create User Content or otherwise upload, share, or distribute through the App, Site, or Services any confidential information you should not have access to, or that violates any other person or legal entity’s Intellectual Property (as defined below) or privacy rights;
  • interfere with or disrupt the App, Site, Services, or servers or networks connected to them, including hacking or bypassing any security measures;
  • violate any applicable national or international laws, regulations, or rules, as well as the rights of third parties;
  • for any unlawful purpose, including but not limited to financial fraud;
  • to solicit others to perform or participate in any unlawful acts;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape the Site, App, or Services;
  • to interfere with or circumvent our security features or those of any related website, other websites, or the Internet;
  • or for any other reason we may, at our sole discretion, determine is inconsistent with the intended purpose of the App, Site, or Services.
 

Failure to observe the limits of purpose and permitted use is deemed a material breach of these Terms. We shall be entitled to – without prejudice to any other rights and in our sole discretion – terminate your Account.

You acknowledge that your Account is personal to you. You are obliged not to provide any other person with access to the Site, App, or Services using your email address, password, or other security information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must treat your login credentials as confidential. Exercise caution when accessing your Account from a public or shared device.

Notify us immediately at [email protected] if you suspect any unauthorised use of your Account, or any other breach of security, including loss or theft of your login credentials.

You understand, acknowledge, and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorised use of your Account.

You agree that all Account information you provide must be accurate, current, and complete, and you will maintain and promptly update your Account information to keep it accurate, current, and complete.

We reserve the right, but not the obligation, to monitor Accounts and User Content for compliance with these Terms and to prevent misuse or unauthorized activity. You understand, acknowledge, and agree that we may:

  • remove any User Content that is, in our sole discretion, unacceptable, inappropriate, or not in compliance with these Terms;
  • disclose data to law enforcement agencies or authorities if required by law or if we believe in good faith that such disclosure is necessary to investigate reports of misuse or abuse; and
  • suspend or terminate access to the Account for violations of these Terms, at any time, potentially without prior notice depending on the severity of the violation.

3. Subscription Payments, Renewals, and Cancellation

OVERLOAD WORKOUT is a premium application. Access to the Services requires an active paid subscription (“Subscription”) following the conclusion of any applicable free trial or promotional offer period.

If you choose to purchase a Subscription, payment will be charged to your account associated with the platform store through which you subscribed (e.g., your Apple ID for the Apple App Store, your Google Account for the Google Play Store) on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are typically set on either a monthly or annual basis, depending on the subscription plan you select.

Your Subscription will automatically renew under the exact same conditions unless it is canceled by you at least 24 hours before the end of the current Billing Cycle through your account settings within the App or directly via the relevant platform store (Apple App Store or Google Play Store). Your account will be charged for renewal within 24 hours prior to the end of the current Billing Cycle. You may manage or cancel your Subscription via your account settings on the respective platform store after purchase, or potentially through subscription management options within the App itself if available.

Invoices and payment confirmations are typically provided by the platform store (Apple or Google) through which you subscribed. Your subscription and billing information can usually be accessed via your account settings on that platform store.

4. Free Trials and Promotional Offers

We may, at our sole discretion, offer a free Subscription for a limited period (“Free Trial”) or other promotional offers. During a Free Trial, you may use all or specific features of the App for the specified limited period. The duration and terms of Free Trials and promotional offers may vary and are subject to change.

IF YOU DO NOT CANCEL YOUR FREE TRIAL AT LEAST 24 HOURS BEFORE ITS EXPIRATION, YOU AGREE TO BE AUTOMATICALLY CHARGED FOR THE SUBSCRIPTION PLAN SELECTED (OR A DEFAULT PLAN AS SPECIFIED IN THE OFFER) AT THE END OF THE FREE TRIAL PERIOD, ACCORDING TO THE TERMS SET FORTH IN THE “SUBSCRIPTION PAYMENTS, RENEWALS, AND CANCELLATION” SECTION.

5. Student Discount

We may offer a discount on annual subscriptions for eligible students. To inquire about eligibility and apply for a student discount (currently 20% off the annual subscription fee, subject to change), please contact us at [email protected] with appropriate verification of your student status as requested by us. Eligibility and discount availability are at our sole discretion.

6. Fee Changes

We reserve the right, at our sole discretion and at any time, to modify Subscription fees. We will provide you with reasonable prior notice (e.g., via in-app notification or email) of any fee changes affecting your existing Subscription, giving you the opportunity to cancel your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

7. Refunds and Billing Disputes

All purchases made through platform stores (Apple App Store, Google Play Store) are subject to the refund policies of those platforms. As payments are processed by Apple or Google, you must contact the respective platform store directly to inquire about refunds or resolve billing disputes. OVERLOAD WORKOUT Ltd does not directly process payments or issue refunds for subscriptions purchased through these platforms.

8. Intellectual Property and User Content

You are responsible for the data, information, workout logs, notes, and any other content you create, upload, post, or otherwise make available through the App (“User Content”), including its legality, reliability, and appropriateness.

By posting User Content on or through the App, you represent and warrant that:

  • the User Content is owned and created by you, or you have the necessary rights and permissions to use it and grant us the license as provided in these Terms;
  • the User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity;
  • the User Content does not falsely claim that you or any other person is a medical professional or certified personal trainer, or misrepresent affiliations with related entities;
  • the User Content is not and does not contain unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, discriminatory, promoting violence, pornographic, unethical, or otherwise prohibited or objectionable material.

We reserve the right to terminate the account of anyone found to be infringing on copyright or violating these User Content terms.

Except for the license granted below, you retain any and all of your rights to any User Content you submit, post or display on or through the App or Services, and you are responsible for protecting those rights. We take no responsibility and assume no liability for any User Content you or any third-party posts or makes available through the App or Services.

However, by submitting User Content, you grant OVERLOAD WORKOUT Ltd a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable license to use, copy, modify, adapt, reproduce, re-format, publish, translate, create derivative works from, distribute, perform, and display such User Content solely to the extent necessary to provide, maintain, improve, and promote the Services. This includes making User Content available to other users if applicable features are implemented (e.g., sharing workouts, community features), subject to your consent and privacy settings within the App.

Furthermore, all other information, data, software, text, graphics, logos, designs, images, algorithms (including those related to progressive overload suggestions), compilations, and other content found on or through this App and Site (“Data”), including all related patent rights, copyright, database rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights (“Intellectual Property”), are the property of OVERLOAD WORKOUT Ltd or its licensors. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Data or Intellectual Property, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. You agree not to access (or attempt to access) the App, Site, Services, User Content (other than your own), Data, or Intellectual Property through any automated means (including scripts, web crawlers, robots, spiders, or scrapers) without our express permission.

Unless specifically provided otherwise in writing, nothing in these Terms gives you a right to use the OVERLOAD WORKOUT name, trademarks, logos, domain names, or other distinctive brand features, nor any Data or Intellectual Property owned by us.

9. Links To Other Web Sites and Apps

The App or Site may contain links to third-party websites, services, or applications (“Third-Party Platforms”) that are not owned or controlled by OVERLOAD WORKOUT Ltd. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Platforms. Links are provided for convenience only and do not imply endorsement. You access any Third-Party Platforms entirely at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Platform you visit.

10. Termination

We may terminate or suspend your Account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.

If you wish to terminate your Account, you may do so by using the account deletion feature within the App settings (if available) or by contacting us at [email protected] and requesting termination.

We reserve the right to automatically delete your Account and all associated User Content if your Account remains inactive (i.e., no login activity) for a continuous period of one (1) year. We will attempt to notify you via your registered email address prior to such deletion, but are not obligated to do so.

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Closure of your Account may involve the deletion of any User Content stored within your Account. We have no liability whatsoever for any deletion of User Content upon termination, except as required by applicable law (e.g., GDPR). We may retain some or all of your Account information or User Content as permitted or required by law or for legitimate business purposes (e.g., aggregated anonymized data for analytics, compliance records).

11. Indemnification

You agree to indemnify, defend, and hold harmless OVERLOAD WORKOUT Ltd and its affiliates, directors, officers, employees, agents, licensors, suppliers, successors, and assigns from and against all claims, demands, liabilities, suits, actions, judgments, awards, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of, related to, or resulting from:

  • your use or misuse of the App, Site, or Services;
  • any action taken using your Account credentials;
  • your breach of these Terms or the incorporated Privacy Policy;
  • your User Content, including any claim that it infringes or violates the rights of a third party;
  • your use of any third-party services or platforms linked to or integrated with the App;
  • your violation of any applicable laws or regulations; or
  • your violation of any rights of a third party.

12. Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • ASSUMPTION OF RISK: Engaging in strength training and any physical exercise involves inherent risks of injury, including muscle strains, sprains, tears, fractures, and potentially more serious health consequences. You acknowledge these risks and voluntarily assume all responsibility for them when using the App and participating in exercise activities, whether or not they are suggested or tracked by the App.
  • NO PROFESSIONAL ADVICE: The App provides tools for tracking workouts and may offer suggestions or insights based on data you input (e.g., potential progressive overload). This does NOT constitute professional personal training advice or medical advice. OVERLOAD WORKOUT Ltd is not a substitute for qualified medical professionals or certified personal trainers. You should always consult with a qualified healthcare provider before beginning or modifying any exercise program, especially if you have pre-existing health conditions. Never disregard professional medical or fitness advice or delay in seeking it because of something you have read or inferred from the App.
  • NO GUARANTEE OF RESULTS: We do not guarantee any specific fitness results, strength gains, or health improvements from using the App. Results depend on individual effort, consistency, genetics, diet, and other factors outside our control.
  • DATA ACCURACY: While we strive for accuracy, the insights and suggestions provided by the App are based on the data you provide. We are not liable for inaccuracies resulting from incorrect or incomplete data entry by you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OVERLOAD WORKOUT LTD, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR:

  • (i) PERSONAL INJURY OR HEALTH ISSUES ARISING FROM OR RELATED TO YOUR USE OR MISUSE OF THE APP OR ENGAGEMENT IN EXERCISE ACTIVITIES;
  • (ii) LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP/SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (c) ANY CONTENT OBTAINED FROM THE SERVICE; AND (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR SUBSIDIARIES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED POUNDS STERLING (£100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION UNDER ENGLISH LAW).

Nothing in these Terms shall be construed to create a doctor-patient relationship or a certified personal trainer-client relationship between you and OVERLOAD WORKOUT Ltd.

13. Disclaimer of Warranties

OVERLOAD WORKOUT LTD DOES NOT PROVIDE PROFESSIONAL PERSONAL TRAINING OR MEDICAL ADVICE. The App is a tool for tracking and potentially gaining insights into your strength training based on the data you input. It is not a substitute for consultation with qualified professionals.

YOUR USE OF THE APP, SITE, AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, OVERLOAD WORKOUT LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS;
  • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES (INCLUDING WORKOUT SUGGESTIONS OR INSIGHTS) WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR INDIVIDUAL NEEDS;
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
  • ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR
  • THE APP, SITE, SERVERS, OR EMAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME CONTENT PROVIDED VIA THE SERVICES MAY BE SUBMITTED BY USERS OR UNRELATED THIRD-PARTIES. WE DO NOT REVIEW ALL CONTENT FOR ACCURACY, COMPLETENESS, OR RELIABILITY, AND DO NOT WARRANT OR GUARANTEE THESE ASPECTS OF ANY CONTENT.

14. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

You agree that any claim, dispute, or cause of action arising out of or relating to these Terms, the App, the Site, or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Any claim or cause of action you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. (Note: Standard limitation periods under English law may be longer; your lawyer should advise on the enforceability of this clause).

15. General Provisions

Entire Agreement: These Terms (including the incorporated Privacy Policy) constitute the entire agreement between you and OVERLOAD WORKOUT Ltd regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction.

Notices: Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, may be given: (i) via email; or (ii) by posting to the Site or via in-app notification. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect, which may include notification via the App or your registered email address. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our App or Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and should stop using the App and request deletion of your Account. We will update the “Last Updated” date at the beginning of these Terms when changes are made.

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