TERMS OF USE

PT Sessions · Effective date: September 16, 2026

1. Agreement to These Terms

These Terms of Use are a binding agreement between you and Nervous Penguin Studios LLC ("we," "us," or "our"), the operator of the PT Sessions mobile application and related services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. The Service

PT Sessions is a business platform for personal trainers and their clients. It provides scheduling and booking, client management, session packages, payment tools, progress tracking, workout and meal planning, and messaging between trainers and their clients.

3. Eligibility and Accounts

You must be at least 18 years old to create an account. You are responsible for the accuracy of the information you provide, for maintaining the security of your account credentials, and for all activity under your account. Notify us promptly of any unauthorized use.

4. Subscriptions and Purchases

Certain features require a paid subscription or in-app purchase, billed through the app store account you use with the app (your Apple account on iOS, or your Google account on Android). Subscriptions renew automatically until cancelled in your device's subscription settings at least 24 hours before the end of the current period. Except where required by law or expressly stated, payments are non-refundable. Prices are shown in your app store's local currency before you buy. Prices and features may change; changes apply from the next billing cycle after notice.

5. Payments Between Clients and Trainers

The Service lets clients pay trainers for training packages and fees. Trainers set their own prices, which are charged in the currency of the trainer's business as shown at checkout. These payments are processed by Stripe, and the training services purchased are provided by the trainer — not by us. We are not a party to the transaction between a client and a trainer, and any disputes about training services, refunds for sessions, or fees are between the client and the trainer. Trainers are responsible for their own taxes and for complying with the laws that apply to their business.

6. Health and Fitness Disclaimer

All training programs, exercises, and instruction delivered through the Service are created and assigned by your own trainer or coach — not by us. Nervous Penguin Studios LLC does not create, review, endorse, or supervise any training program, and does not provide fitness, health, or medical advice. Your trainer is solely responsible for the content, safety, and suitability of the programs they assign to you.

Any other information available through the Service — including nutrition information and progress tracking — is general wellness information for informational purposes only. It is not medical advice, diagnosis, or treatment and is not a substitute for the advice of a physician or other qualified healthcare provider.

• Consult a physician before beginning any exercise program or making significant dietary changes — especially if you have a medical condition or injury, take medication, have food allergies or intolerances, or are pregnant or nursing.
• Physical exercise carries inherent risks of injury. Your participation is voluntary, and you knowingly assume all risks associated with performing programs assigned by your trainer.
• Stop exercising immediately if you feel pain or discomfort, use your own judgment, and seek medical attention for pain, dizziness, shortness of breath, or other concerning symptoms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INJURY, ILLNESS, OR OTHER HARM ARISING FROM YOUR USE OF, OR RELIANCE ON, ANY FITNESS OR NUTRITION CONTENT AVAILABLE THROUGH THE SERVICE.

7. AI Features

AI-powered features in the Service are tools that assist with organizing and drafting content — they do not independently provide training advice. Program-drafting features are provided to trainers: AI output is a draft that the trainer reviews, modifies, approves, and assigns before it reaches a client. Where AI features are available to clients directly (such as meal plan drafts), the output is generated automatically as general information, may contain errors or omissions, may not be appropriate or safe for every individual, and is subject to Section 6. All AI-generated content is provided "AS IS," is not a substitute for the judgment of a trainer or the advice of a healthcare provider, and your use of it is at your own risk.

8. Trainers Are Independent Professionals

Trainers who use the Service are independent professionals, not our employees or agents. They are solely responsible for the services, programs, and advice they provide to their clients. We make no representations about any trainer's qualifications, certifications, or the quality or safety of their services.

Your training relationship exists between you and your trainer. Use of the Service does not create a trainer-client, healthcare, or other professional relationship between you and Nervous Penguin Studios LLC.

9. Your Content

You retain ownership of the content you submit to the Service (client records, notes, programs, messages, photos). You grant us a limited license to host, store, display, and process that content solely to operate and improve the Service. You are responsible for having the rights to the content you submit and for its accuracy.

10. Acceptable Use

You agree not to misuse the Service, including: violating any law; infringing others' rights; accessing another user's data without authorization; interfering with or disrupting the Service; reverse engineering the app except as permitted by law; scraping or harvesting data; sending spam or abusive messages; or using the Service to transmit malicious code.

11. Intellectual Property

The Service, including its software, design, logos, and content we provide, is owned by us or our licensors and protected by intellectual property laws. Except for the limited right to use the app as intended, no rights are granted to you.

12. Copyright Complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice compliant with the Digital Millennium Copyright Act to our designated agent:

Knowingly misrepresenting that material is infringing may expose you to liability.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination (including Sections 6, 7, 15, 16, and 17) survive.

14. Account Deletion and Data

Deleting your account permanently removes your data from the Service, subject to our Privacy Policy and legal retention requirements. Data deleted with your account cannot be restored, including in cases where a free account is later upgraded or a subscription lapses and is renewed.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

17. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, or your violation of these Terms.

If you are a trainer, you additionally represent that you hold any qualifications, certifications, or licenses required for the services you provide, that you are solely responsible for the programs you create and assign, and you agree to indemnify us against claims arising from your programming, advice, or client relationships.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute that cannot be resolved informally shall be brought in the state or federal courts located in Orange County, California, and you consent to their jurisdiction. You waive any right to participate in a class action to the extent permitted by law.

19. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted here with an updated date, and continued use of the Service after changes take effect constitutes acceptance.

20. Contact