TERMS OF USE

Here at Shred Labs, we are focused on providing you the tools to become the best version of yourself, however, your health and safety are always a priority.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE ANY SERVICES OFFERED BY SHRED LABS, LLC. BY ACCESSING, BROWSING AND/OR USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT WWW.SHRED.APP/PRIVACY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF USE AND THE APPLICABLE GUIDELINES, THEN PLEASE CEASE USING THE SERVICES IMMEDIATELY. YOU HEREBY CONSENT TO RECEIVING THESE TERMS OF USE AND OUR PRIVACY POLICY IN ELECTRONIC FORM.

Shred Labs, LLC, a Delaware corporation (“Company”, “we”, “us”, “SHRED”) has created and offers SHRED – By Shred Labs (“Shred App”, “App”) a mobile application as well as the SHRED website (“Website”). This App and Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this App or Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App or Website.

If you have any questions regarding the App, Website, Terms of Service, or Privacy Policy, please contact us at: support@shred.app.

1. HEALTH AND LIABILITY DISCLAIMER

SHRED AND THE SHRED APP PROVIDES WORKOUTS THAT SERVE AS GUIDELINES TO HELP YOU WITH YOUR FITNESS ROUTINE. WORKING OUT CAN BE DANGEROUS, ESPECIALLY WHEN USING WEIGHTS. BEFORE USING THE SHRED APP, OR ENGAGING IN ANY STRENUOUS PHYSICAL ACTIVITY, YOU SHOULD CONSULT A PHYSICIAN OR MEDICAL PROFESSIONAL. ALL TIPS, GUIDANCE, AND INSTRUCTIONS WITHIN THE SHRED APP SHOULD BE TAKEN AS EDUCATIONAL AND SHOULD NOT BE FOLLOWED STRICTLY IF DOING SO CREATES ANY RISK FOR YOU. BY USING SHRED YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE CONSULTED WITH A PHYSICIAN OR MEDICAL PROFESSIONAL AND ARE HEALTHY ENOUGH TO PERFORM STRENUOUS EXERCISE.

PERFORMING ANY ACTIVITY DEPICTED OR DESCRIBED IN THE SHRED APP INVOLVES A RISK OF PERSONAL INJURY AND YOU EXPRESSLY ASSUME ALL RISK OF HARM. IF AT ANY TIME WHILE PERFORMING ANY ACTIVITY DEPICTED IN SHRED APP YOU FEEL ANY DISCOMFORT, PAIN, NAESUA, LIGHT HEADEDNESS, SHAKING, OR CHEST PAINS, STOP USE AND IMMEDIATELY CONTACT A MEDICAL PROFESSIONAL OR DIAL 911.

Neither the Company nor any of its trainers or Affiliate will be liable for any injury or illness, either physical or mental, that may result, whether directly or indirectly, from any exercise or workout. You assume sole responsibility for performing exercises with proper form, and acknowledge that improper form may lead to a risk of injury. Every body is different, and you acknowledge that any tips or guidance provided by SHRED, either in text or video format, may not be good for you, and that you will consult a well-qualified coach, trainer, or physical therapist if you are new to any type of training specified within the Shred App. You also acknowledge that any tips or guidance provided by SHRED within Shred App are not to be taken literally if such tips or guidance lead to any discomfort or pain, or are not in alignment with advice offered by your doctor or medical professional.

2. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the SHRED APP thereafter. Your continued use of the Shred App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time and every time you access the Shred App so you are aware of any changes, as they are binding on you. If you do not agree to any changes within these Terms of Use you shall immediately cease use of the Shred App.

3. PRIVACY

We take your privacy very seriously. By using the Shred App or any services provided by SHRED, you agree to Company Privacy Policy, which can be found at http://www.shred.app/privacy

4. INTELLECTUAL PROPERTY

All intellectual property on the Shred App is owned by SHRED or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by SHRED. All content on the Shred App (except for Personal Information), including but not limited to workouts, exercises, text, designs, graphics, photos, videos, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of SHRED. You must not save or download copies of images, graphics, or video content from the Shred App for further reproduction, publication, or distribution. Your account may be flagged and locked if multiple screenshots are taken on any screen which displays workouts. If such a lock occurs, you may reach out to support to request the account be unlocked. If this behavior continues, SHRED reserves the right, at its sole discretion, to deem this behavior fraudulent and terminate your account, at which point it is your responsibility to cancel any ongoing subscription. You must not access or use for any commercial purposes any part of the Shred App or any services or materials offered by SHRED. If you are in breach of the Terms of Use your right to use the Shred App will cease immediately and you must return or destroy any copies, including screenshots, of the materials you have made. No right, title or interest in or to the Shred App or any content is transferred to you, and all rights not expressly granted are reserved by SHRED. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

5. ACCOUNTS AND SUBSCRIPTIONS

Use of the Shred App requires you to create an account with SHRED. You are responsible for all activity that occurs under your account. You have the ability, but not the obligation, to upload a photo to your account. You agree to upload an appropriate photo, and acknowledge that SHRED may disable your ability to upload a photo if you have uploaded a photo deemed inappropriate at SHRED’s sole discretion. SHRED reserves the right to suspend or terminate your account at any time and shall incur no liability for such suspension or termination.

You may also create an account by utilizing Facebook connect. By accessing the Services using your Facebook, you permit us to access certain information from your profile on Facebook or any other such third party services for use by the Services. You may be able to control the amount of information that is accessible to us by adjusting your account privacy settings on Facebook. By using the Services, you are authorizing us to collect, store, retain, and use indefinitely, in accordance with our Privacy Policy, any and all information that you permitted Facebook or any other such third party services to provide to us.

After a limited trial period, you will be offered a subscription in order to continue use of the Shred App with unlimited access, or you may continue for free with limited access to the Classic workout style only. All payments are handled through Apple and the iTunes Store, and it is your responsibility to maintain your subscription through your Apple iTunes account.

Your subscription will continue until cancelled through Apple. You acknowledge that subscription fees paid through Apple are non-refundable. If you believe any charge was made in error to your iTunes account, or if you have any questions regarding how Apple and iTunes handles subscriptions, please contact Apple billing support.

6. MOBILE USE AND CONNECTIVITY

Use of the Shred App requires an Internet connection either through Cellular or Wifi.

You acknowledge that if you do not have this, some or all of the Shred App features will not work properly. By using the Shred App you acknowledge that its use of data will fall under your carrier’s normal data consumption rates. If you find the Shred App not functioning properly, check your Internet connection. For any support related issues immediately contact support@shred.app.

7. SOCIAL FEED & USER INTERACTION DISCLAIMER

Upon completion of a qualified workout your workout will be posted to the social feed log within the Shred App, where your photo will be visible to all users. You may disable this feature at any time by going to Settings>Account and unselecting “Get Cheers While Working Out” and “Show Workouts on Social Timeline”. You will have the ability, but not the obligation, to post certain information on your account that may allow you to be identified. This includes your Last Name and Gym Location. These options are disabled by default, and you are able to further remove your visibility completely from the Shred App within the Settings. You are solely responsible for your interactions with other people, whether online or in person. SHRED is not responsible or liable for any loss or damage resulting from any interaction with other Shred App users or persons who find you because of information posted on, by or through the Shred App. You agree to take reasonable precautions in all interactions with other users on the Shred App, and conduct any necessary investigation before meeting another person. SHRED is under no obligation to become involved with any user dispute.

8. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using the Shred App if such claims are reported to our Designated Copyright Agent identified in the sample notice below. A valid complaint under the DMCA must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Services; Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Please send DMCA requests to support@shred.app. If the request provided is deemed valid under the DMCA, we will promptly remove the allegedly infringing content.

9. RELIANCE ON INFORMATION

All information within the Shred App, including but not limited to workouts, exercises, tips, guidance, videos, and quotes, is intended to be educational in nature. Expressions such as “Go Heavy” or “Pull Heavy Weight” are idiomatic, and are not intended to instruct you to perform any activity beyond that which has already been approved by your physician or medical professional (as outlined in Section 1). You will be able to log weights and repetitions for specific exercises, which will then be displayed for you when you see this exercise again. Repetition counts, timer durations, or weight amounts displayed are intended to be educational in nature and to serve as a guide, and are not to be followed if doing so does not align with activity approved by your physician or medical professional. Always be alert and aware when operating machines or heavy equipment, and seek the advice of a well-qualified training professional or physical therapist when using equipment or performing exercises you are not familiar with.

10. WARRANTY DISCLAIMER

SHRED is not responsible or liable for any Personal Information posted on the Shred App or for any offensive, unlawful or objectionable content you may encounter on or through the Shred App. The Shred App is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, SHRED disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. SHRED cannot guarantee and does not promise any specific results from use of the Shred App. SHRED does not represent or warrant that the Shred App will be uninterrupted or error-free, that any defects will be corrected, or that this Shred App or the server that makes the App available are free of viruses or anything else harmful. To the fullest extent permitted by law, SHRED does not make any warranties or representations regarding the use of the materials or Content in the Shred App in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Shred App, loss of data or other harm of any kind that may result. SHRED reserves the right to change any and all Content and other items used or contained in the Shred App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

11. LIMITATION ON LIABILITY

IN NO EVENT WILL SHRED, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SHRED APP, OR ANY CONTENT ON THE SHRED APP OR SUCH OTHER SERVICES OR ITEMS OBTAINED FROM SHRED, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12 INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Shred Labs, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Information, your use of the App, your conduct in connection with the App or with other App users, or any violation of these Terms of Use, any law or the rights of any third party.

13) GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

15. CONTACT INFORMATION

Please contact support at support@shred.app for any questions or concerns relating to this Terms of Service.