Terms of Use

Agreement to Terms

These Terms of Use ("Terms") govern your use of Impello, including the Impello mobile app, the Apple Watch companion app, the Impello website, and related services (collectively, the "Services"). By downloading, installing, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Eligibility

You must be at least 13 years old, or the minimum age required in your jurisdiction, to use the Services. If you are under the age of majority in your jurisdiction, you may use Impello only with the permission of a parent or legal guardian.

Description of Service

Impello is a fitness training log that helps you record workout sessions, manage saved workouts, review your training history, track progress, use rest timers, sync account data across devices, and use companion features on Apple Watch.

User Accounts

• You may need an account to access certain features.
• You are responsible for maintaining the security of your account.
• You must provide accurate and current information.
• You must notify us promptly of any unauthorized access to your account.
• Passwordless login still requires you to keep your email and account access secure.

Health and Fitness Disclaimer

Impello is not a medical device, healthcare provider, personal trainer, emergency service, or substitute for professional advice, diagnosis, or treatment. Information shown in Impello, including heart rate, workout history, progress metrics, and training data, is for general fitness tracking only.

Do not rely on Impello for diagnosis, treatment, injury prevention, emergency response, or medical decisions. Consult a qualified healthcare provider before beginning or changing an exercise program where appropriate.

User Assumes Training Risk

You are solely responsible for your exercise choices, training intensity, technique, equipment use, and physical condition. Exercise involves risk, including the risk of injury, illness, or death.

You should stop exercising immediately and seek qualified help if you experience pain, dizziness, shortness of breath, or other concerning symptoms.

Apple Watch, Apple Health, and Device Data

Apple Watch and Apple Health features depend on device compatibility, your permissions, Apple systems, sensors, connectivity, battery status, operating system behavior, and service availability. Heart rate and other device-based fitness data may be inaccurate, delayed, incomplete, or unavailable.

You can manage Apple Health permissions at any time in your device settings. Impello is not responsible for interruptions, delays, or inaccuracies caused by device, platform, or connectivity limitations.

Subscriptions, Billing, and Refunds

Certain features may require a paid subscription. Pricing, billing period, renewal terms, and cancellation details will be shown to you before purchase.

Purchases made through Apple's App Store are processed by Apple and are subject to Apple's terms, billing rules, and refund policies. Impello does not control Apple's refund decisions. You can manage or cancel subscriptions through your App Store account settings.

Free Access, Early Access, Promotional Access, and Founding Terms

Impello may, from time to time, offer free access, early access, promotional access, founding-user terms, or other limited offers. Any such offer applies only as described when it is presented to you.

Unless expressly stated otherwise, Impello may modify, limit, or discontinue promotional or early-access programs prospectively.

User Content and Workout Data

You retain ownership of the workout data and content you submit to Impello. You grant Impello a limited, non-exclusive, worldwide license to host, store, process, display, transmit, and back up that data solely as necessary to provide, maintain, secure, support, and improve the Services.

You are responsible for the data you enter into the Services.

Data Availability and Sync

Impello does not guarantee that the Services will always be uninterrupted, error-free, or available. Impello does not guarantee that sync will always succeed or that data will never be lost. You are responsible for reviewing your logged data and maintaining separate records where needed.

Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services or related systems
• Reverse engineer, decompile, or disassemble any part of the Services, except where such restriction is prohibited by law
• Scrape, harvest, or otherwise misuse data from the Services
• Transmit harmful code, malware, or similar material
• Infringe the rights of others or impersonate any person or entity

Intellectual Property

Impello and its licensors own the app, design, branding, software, interfaces, graphics, text, and other content that is part of the Services. These materials are protected by intellectual property laws.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Services, except as expressly permitted by law or these Terms.

Third-Party Services and Platforms

The Services may rely on third parties, which may include Apple, the App Store, Apple Health, hosting providers, subscription providers, analytics and diagnostics providers, and infrastructure vendors. Impello is not responsible for third-party services. Your use of those services may be subject to their own terms.

App Store Terms

If you downloaded Impello through Apple's App Store, these Terms are between you and Impello, not Apple. Apple is not responsible for the Services or their maintenance or support, and is not responsible for any claims relating to the Services or warranties.

Your use of Impello must comply with Apple's applicable terms. Apple may be a third-party beneficiary of these Terms where required by Apple's terms.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMPELLO DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMPELLO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMPELLO'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO IMPELLO FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) USD $100.

Some jurisdictions do not allow some of these limitations, so some of them may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Impello and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services, your content or data, your violation of these Terms, your violation of any law, or your violation of the rights of any third party.

Termination

• You may stop using the Services at any time.
• Impello may suspend or terminate your access to the Services if you violate these Terms, if your use creates risk or legal exposure, if required by law, or if the Services are discontinued.
• You may request account deletion by contacting privacy@impello.fit. If in-app account deletion is available, you may also delete your account through the app settings.
• Account deletion will be handled in accordance with our Privacy Policy.

Changes to Services and Terms

Impello may modify the Services or these Terms from time to time. Material changes may be communicated through the Services or by email. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services will be resolved in the courts located in San Mateo County, California, unless applicable law requires otherwise.

Severability and Entire Agreement

If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Impello regarding the Services.

Contact Us

If you have questions about these Terms, please contact us at:

Email: legal@impello.fit