Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Ascend Fitness (operated by Sam Wilson, Auckland, New Zealand — “we”, “us”, “Ascend”). By creating an account or using the app or website you confirm you have read, understood, and agree to these Terms.

Who can use Ascend

You must be at least 13 years old. If you are between 13 and the age of majority in your jurisdiction, you confirm a parent or legal guardian has reviewed and accepted these Terms on your behalf. Ascend is not available where prohibited by law.

Your account

• You are responsible for keeping your password confidential and for all activity under your account.
• You agree to provide accurate information and update it if it changes.
• One person, one account. You may not sell, rent, or transfer your account.
• We may suspend or terminate accounts that violate these Terms, our acceptable-use rules, or applicable law.

Subscriptions & refunds

Core tracking in Ascend is free forever. Premium subscriptions unlock additional features and are billed by Apple App Store, Google Play, or Stripe depending on platform.

• Auto-renewal: subscriptions auto-renew at the end of each billing period unless cancelled at least 24 hours before renewal.
• Founder rate: waitlist members who claim the founder discount keep that price for as long as their subscription remains active and uncancelled.
• 14-day money-back guarantee: if you subscribe directly through Stripe and are not satisfied, email us within 14 days for a full refund. Refunds for subscriptions billed through Apple or Google follow each store’s policy in addition to this guarantee.
• Cancellation: cancel any time in Settings or via your app-store account. You keep premium access until the end of the paid period.

Acceptable use

You agree not to:

• Reverse-engineer, scrape, or attempt to derive source code from the app or website.
• Use the service to harass, defame, or harm others.
• Upload content you don’t have the right to share, or content that is illegal, infringing, or hateful.
• Interfere with or attempt to disrupt the service (rate limits, security probes without authorisation, denial of service).
• Use bots or automated tools to access non-public endpoints.

Health disclaimer

Ascend Fitness is a fitness tracking tool — not medical, dietary, or psychological advice. Information in the app, plans generated by the app, AI coach output, and editorial content (including the blog) are for general informational and educational purposes only.

Always consult a qualified medical professional before starting, changing, or stopping a training, nutrition, supplement, or weight-management programme — especially if you are pregnant, have an existing medical condition, are recovering from injury, or are taking medication. Stop and seek medical help if you feel unwell or injured.

Content & intellectual property

• The Ascend name, logo, mountain visualisations, in-app cosmetics, badges, mountain artwork, code, and editorial content are owned by us and protected by copyright and trademark law.
• You retain ownership of the data and content you create in the app (workouts, meals, photos, notes). You grant us a worldwide, non-exclusive licence to host, process, back up, and display that content solely to operate the service for you.
• You agree we may use anonymised, aggregated statistics derived from your data to improve the product and publish industry insights.

Service availability

We work hard to keep Ascend running but cannot guarantee uninterrupted service. We may modify, suspend, or discontinue features at any time. If we permanently shut down the service we will give at least 30 days’ notice and a way to export your data.

Disclaimers

The service is provided “as is” and “as available”. To the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Limitation of liability

To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to these Terms or the service is limited to the greater of (a) NZ$100 or (b) the amount you paid us in the 12 months preceding the event giving rise to the claim. We will not be liable for indirect, incidental, consequential, special, or punitive damages — including loss of profits, data, goodwill, or training results.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded — including, where applicable, under the New Zealand Consumer Guarantees Act 1993 or the UK Consumer Rights Act 2015.

Changes to these Terms

We may update these Terms from time to time. If we make material changes we will notify you by email and/or an in-app notice at least 14 days before the changes take effect. Continued use of the service after the effective date means you accept the updated Terms.

Governing law & disputes

These Terms are governed by the laws of New Zealand. Disputes will be brought in the courts of Auckland, New Zealand, unless your local consumer-protection law gives you the right to bring proceedings elsewhere.

Contact

Sam Wilson, Auckland, New Zealand — hello@getascend.club.