Terms of Service

Agreement to our legal terms

We are Cadence Marketing LLC (“Company,” “we,” “us,” or “our”). We operate MyLiftTracker, including the website at https://mylifttracker.com, the web app, the connector for Claude and other apps, and any related services that link to these terms (together, the “Services”).

You can contact us by email at contact@mylifttracker.com.

These Terms of Service (the “Legal Terms”) are a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Cadence Marketing LLC, about your access to and use of the Services. By creating an account or using the Services, you confirm that you have read, understood and agree to these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU MUST NOT USE THE SERVICES.

THESE LEGAL TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS (SECTION 16). YOU CAN OPT OUT OF ARBITRATION WITHIN 30 DAYS, AS EXPLAINED THERE.

We may change these Legal Terms from time to time. We'll update the “Last updated” date, and if a change is material we'll give you notice on the Services or by email before it takes effect. If you keep using the Services after a change takes effect, you accept the updated Legal Terms.

The Services are for people who are at least 18 years old. Anyone under 18 may not use or register for the Services.

We recommend that you save or print a copy of these Legal Terms for your records.

1. Our Services

MyLiftTracker is a workout log. It lets you record exercises, workouts, sets and body measurements, and view your history, personal records and progress. Sign-up currently requires an invite code, and the Services are currently free.

The Services are not meant for use in any jurisdiction or country where that use would be against the law or would subject us to any registration requirement there. If you use the Services from another location, you do so on your own initiative and are responsible for following local laws.

The Services are not designed to meet industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), and they are not a medical device. Don't use them where your use would be subject to those laws.

2. Health and fitness disclaimer

MYLIFTTRACKER IS A TOOL FOR RECORDING WORKOUTS. IT DOES NOT PROVIDE MEDICAL ADVICE, AND NOTHING IN THE SERVICES IS A SUBSTITUTE FOR ADVICE FROM A DOCTOR OR OTHER QUALIFIED PROFESSIONAL.

Talk to a doctor before starting or changing an exercise program, especially if you have a medical condition, an injury, or are pregnant. Exercise, including strength training, carries a risk of injury. Weights, reps, rest times, exercise demonstrations, personal records, estimated one-rep maxes and any workouts or suggestions in the Services, including ones created by apps you connect, are for information only. Use your own judgment, use proper form and safety equipment, and stop if you feel pain, dizziness or discomfort.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISKS OF INJURY THAT COME FROM EXERCISE YOU DO WHILE USING THE SERVICES.

3. Connected apps and AI

You can connect Claude (made by Anthropic) or other apps to your account. A connected app can read your training data and bodyweight log, and add exercises, workouts and bodyweight entries or change your workouts, when you ask it to. It can't delete anything. You choose whether to connect an app, and you can disconnect it at any time in Settings.

Connected apps are provided by third parties under their own terms and privacy policies, and we don't control them. AI tools can be wrong. Check anything a connected app writes to your account or suggests, including workouts, weights and training advice, before you rely on it. We aren't responsible for what a connected app says or does, including changes it makes to your account at your request.

4. Intellectual property rights

Our intellectual property

We own or license all intellectual property rights in the Services, including the source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics (the “Content”), and the trademarks, service marks and logos in them (the “Marks”). The Content and Marks are protected by copyright and trademark laws and other intellectual property laws in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.

Your use of our Services

As long as you follow these Legal Terms, including the “Prohibited activities” section, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

Except as set out in this section or elsewhere in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission. To ask for other use, email contact@mylifttracker.com.

We reserve all rights not expressly granted to you. Any breach of these intellectual property rights is a material breach of these Legal Terms, and your right to use the Services ends immediately.

5. User representations

By using the Services, you represent and warrant that: (1) the registration information you submit is true, accurate, current and complete, and you'll keep it that way; (2) you have the legal capacity to agree to and comply with these Legal Terms; (3) you are at least 18 years old; (4) you won't access the Services through automated or non-human means, such as a bot or script, other than through a connected app you've authorized; (5) you won't use the Services for any illegal or unauthorized purpose; and (6) your use of the Services won't violate any applicable law or regulation.

If you provide information that is untrue, inaccurate, out of date or incomplete, we may suspend or close your account and refuse any current or future use of the Services.

6. User registration

You need an account to use the app. Invite codes are personal: each one is tied to the email address it was sent to and can be used once. Don't share, sell or transfer an invite code or an account.

Keep your password confidential. You're responsible for everything that happens under your account, including through apps and access tokens you've authorized. If you think someone has used your account without permission, use “Sign out on all devices” in Settings and email contact@mylifttracker.com right away.

7. Your training data

The workouts, exercises, sets, body measurements, notes and other content you add to the Services (“Your Data”) belong to you. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process and display Your Data only as needed to provide, secure and improve the Services for you, and to share it with apps you connect, at your direction.

We handle Your Data as described in our Privacy Policy and Consumer Health Data Privacy Policy. We don't sell it. You can ask for a copy of Your Data or for it to be deleted by emailing contact@mylifttracker.com.

You're responsible for Your Data and confirm you have the right to add it. Although we back up our database, you're responsible for keeping any records you can't afford to lose.

8. Prohibited activities

You may not access or use the Services for any purpose other than the one we make them available for. As a user of the Services, you agree not to:

• Try to access another user's account or data, or any part of the Services you're not authorized to use.
• Systematically retrieve data or other content from the Services to build a collection, compilation, database or directory without our written permission.
• Trick, defraud or mislead us or other users, especially in any attempt to learn account information such as passwords.
• Circumvent, disable or otherwise interfere with security features of the Services, including rate limits, bot checks and features that restrict use of the Content.
• Use the Services in a way that breaks any applicable law or regulation.
• Upload or transmit viruses, Trojan horses or other material that interferes with anyone's use of the Services or with how the Services work.
• Use scripts, data mining, robots, scrapers or similar tools to use or extract data from the Services, other than connected apps used as intended.
• Interfere with, disrupt or place an undue burden on the Services or the networks and services connected to them.
• Attempt to impersonate another person or use another user's account.
• Share, sell or transfer invite codes, accounts or access tokens, or create accounts by automated means or under false pretenses.
• Harass, threaten or abuse our staff or anyone providing the Services.
• Except as allowed by law, decompile, disassemble or reverse engineer any software that is part of the Services.
• Delete the copyright or other proprietary rights notices from any Content.
• Use the Services, or the Content, to compete with us or for any commercial purpose.

9. Feedback

If you send us questions, comments, suggestions, ideas or other feedback about the Services (“Feedback”), you agree we can use and share it for any lawful purpose without paying or crediting you. You confirm your Feedback isn't confidential and that you have the right to give it to us.

10. Third-party websites and content

The Services may contain links to other websites and content from third parties, such as exercise videos hosted on YouTube or Vimeo, and they work with third-party apps you connect. We don't check these for accuracy, appropriateness or completeness, and we aren't responsible for them, including their content, privacy practices or policies. Linking to or allowing third-party content or apps doesn't mean we approve or endorse them. When you use them, their terms and policies apply, and these Legal Terms no longer govern.

11. Services management

We may, but don't have to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting them to law enforcement; (3) refuse, restrict or disable access to any content or account; and (4) otherwise manage the Services to protect our rights and property and keep the Services working properly.

12. Privacy policy

We care about data privacy and security. Please read our Privacy Policy, which is part of these Legal Terms. The Services are hosted in the United States. If you use them from another region with different data protection laws, you understand that your data will be transferred to and processed in the United States.

13. Term and termination

These Legal Terms stay in effect while you use the Services. You can stop using the Services at any time and ask us to delete your account by emailing contact@mylifttracker.com.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE MAY, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, SUSPEND OR CLOSE ANY ACCOUNT AND DENY ACCESS TO THE SERVICES (INCLUDING BY BLOCKING CERTAIN IP ADDRESSES) TO ANYONE, FOR ANY REASON OR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW.

If we suspend or close your account, you may not register a new account under your name, a fake or borrowed name, or anyone else's name. Sections that by their nature should survive termination, including sections 2, 4, 7, 9 and 14 to 22, survive.

14. Modifications and interruptions

We may change, suspend or discontinue all or part of the Services at any time, including by adding paid features. We'll give you reasonable notice before we introduce fees for features you already use, or before we shut the Services down, so you can ask for a copy of Your Data.

We can't guarantee the Services will always be available. Hardware, software or other problems, or maintenance, can cause interruptions, delays or errors. You agree we're not liable for any loss, damage or inconvenience caused by your being unable to access or use the Services during any downtime or discontinuance.

15. Governing law

These Legal Terms and your use of the Services are governed by the laws of the State of California, without regard to its conflict of law principles. Subject to section 16, any dispute will be brought in the state or federal courts located in San Diego County, California, and you and we consent to the personal jurisdiction of those courts.

16. Dispute resolution

Informal negotiations

To resolve any dispute, controversy or claim related to these Legal Terms or the Services (a “Dispute”) quickly and at low cost, you and we agree to first try to settle it informally for at least 30 days before starting arbitration. Informal negotiations start when one side sends the other written notice, to contact@mylifttracker.com if you're writing to us, or to the email address on your account if we're writing to you.

Binding arbitration

If a Dispute isn't settled informally, it will be finally resolved by binding individual arbitration, except for the Disputes excluded below. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at https://www.adr.org. Your filing fees and share of arbitrator compensation are limited as those rules provide. The arbitration may be held in person, by submitting documents, by phone or online. If held in person, it will take place in San Diego County, California, or in the county where you live if you prefer. The arbitrator must follow the law, and either side may go to court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award.

Restrictions

You and we agree that any arbitration is limited to the Dispute between you and us individually. To the fullest extent permitted by law: (a) no arbitration will be joined with any other proceeding; (b) no Dispute may be arbitrated on a class-action basis or use class action procedures; and (c) no Dispute may be brought in a purported representative capacity on behalf of the general public or anyone else.

Exceptions

The following Disputes are not subject to informal negotiations or binding arbitration: (a) Disputes seeking to enforce or protect, or about the validity of, either side's intellectual property rights; (b) Disputes related to allegations of theft, piracy, invasion of privacy or unauthorized use; (c) claims for injunctive relief, including public injunctive relief; and (d) individual claims that qualify for small claims court. If any part of this section is found illegal or unenforceable, neither side will arbitrate the Disputes covered by that part, and they'll be decided by the courts named in section 15.

30-day right to opt out

You can opt out of this arbitration agreement by emailing contact@mylifttracker.com within 30 days after you first agree to these Legal Terms. Include your name, the email address on your account and a clear statement that you're opting out of arbitration. Opting out doesn't affect any other part of these Legal Terms.

17. Corrections

The Services may contain typographical errors, inaccuracies or omissions, including in exercise descriptions and calculations. We may correct any errors and change or update information at any time without prior notice.

18. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, OR OF ANY CONTENT FROM CONNECTED APPS OR LINKED WEBSITES, AND WE ASSUME NO LIABILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND ANY PERSONAL INFORMATION STORED ON THEM, (4) INTERRUPTION OR END OF TRANSMISSION TO OR FROM THE SERVICES, (5) BUGS, VIRUSES OR THE LIKE THAT A THIRD PARTY TRANSMITS TO OR THROUGH THE SERVICES, OR (6) LOSS OR DAMAGE OF ANY KIND FROM THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

19. Limitations of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR MEMBERS, MANAGERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE LEGAL TERMS, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US DURING THE SIX (6) MONTHS BEFORE THE CAUSE OF ACTION AROSE OR $100.00 USD.

SOME US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCLUDING FOR PERSONAL INJURY CAUSED BY NEGLIGENCE, GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold us harmless, including our affiliates and all of our respective officers, agents, partners and employees, from any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses, made by any third party because of or arising from: (1) your breach of these Legal Terms; (2) any breach of your representations and warranties in these Legal Terms; (3) your violation of a third party's rights, including intellectual property rights; or (4) your violation of any law. We may, at your expense, take over the exclusive defense and control of any matter you're required to indemnify us for, and you agree to cooperate with that defense. We'll make reasonable efforts to notify you of any such claim when we become aware of it.

21. Electronic communications, transactions and signatures

Visiting the Services, sending us emails and completing online forms are electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, by email and on the Services, satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES AND POLICIES.

22. California users and residents

If a complaint with us isn't resolved to your satisfaction, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

23. Miscellaneous

These Legal Terms and any policies or operating rules we post on the Services are the entire agreement between you and us. If we don't exercise or enforce any right or provision of these Legal Terms, that isn't a waiver of it. We may assign any of our rights and obligations to others at any time, including in a merger or sale of assets; you may not assign yours without our written consent. We aren't responsible for any loss, damage, delay or failure to act caused by anything beyond our reasonable control. If any provision or part of a provision of these Legal Terms is found unlawful, void or unenforceable, it is severable and doesn't affect the rest. No joint venture, partnership, employment or agency relationship is created between you and us by these Legal Terms or your use of the Services. These Legal Terms won't be construed against us because we drafted them.

24. Contact us

To resolve a complaint about the Services or to get more information about using them, contact us at:

Cadence Marketing LLC, United States. Email: contact@mylifttracker.com