Last Updated: December 2024
Effective Date: December 2024
This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "You") and Chalk Fitness ("Company," "we," "our," or "us") for the Chalk mobile application software ("App") and any related services provided by the Company.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to:
You may NOT:
The App, including all content, features, and functionality, is owned by Chalk Fitness and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. This Agreement does not grant you any ownership rights to the App.
You retain all rights to your workout data and personal information. By using the App, you grant us a limited license to store, process, and display your data solely for the purpose of providing the service.
We provide tools to export your data. You are responsible for maintaining your own backups of important information.
We may update the App periodically to add features, fix bugs, or improve performance. Updates may be automatic or require manual installation. Some updates may be mandatory for continued use of the App.
The App integrates with third-party services including:
Your use of these services is governed by their respective terms and conditions.
THE APP IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. ALWAYS CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE BEGINNING ANY FITNESS PROGRAM.
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHALK FITNESS BE LIABLE FOR:
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Chalk Fitness and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:
You may stop using the App and terminate this Agreement at any time by deleting the App from your devices and canceling your account.
We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including but not limited to breach of this Agreement.
Upon termination, your license to use the App ends immediately. Sections that by their nature should survive termination will remain in effect.
The App may be subject to U.S. export control laws. You may not use or export the App in violation of these laws or use the App for any prohibited end use including nuclear, chemical, or biological weapons development.
This Agreement is governed by the laws of the United States without regard to conflict of law principles. Any disputes shall be resolved in the courts of competent jurisdiction.
Any dispute arising out of or relating to this Agreement or the App shall be resolved through binding arbitration, except for disputes relating to intellectual property rights.
You agree to resolve disputes only on an individual basis and waive any right to participate in class actions or class arbitrations.
This Agreement, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Chalk Fitness.
If any provision is found unenforceable, the remaining provisions will continue in effect.
You may not assign this Agreement. We may assign our rights and obligations without restriction.
Our failure to enforce any provision does not waive our right to enforce it later.
If you download the App from Apple App Store:
If you download the App from Google Play Store, you agree to comply with Google Play's Terms of Service.
For questions about this Agreement, please contact:
BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.