Effective Date: August 26, 2026
Please read Section 15 (Dispute Resolution) carefully. It contains an arbitration agreement and a class action waiver that affect your legal rights.
These Terms of Service ("Terms") are a binding agreement between you and XAETOS ("Company," "we," "our," or "us") governing your access to and use of the XAETOS mobile application and all related services (the "Services").
By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
To use the Services, you must:
If you are between 13 and 18 years of age, your parent or legal guardian must review and agree to these Terms on your behalf.
XAETOS is offered only in the United States, distributed exclusively through the United States storefronts of the Apple App Store and Google Play.
You must provide accurate information when registering and keep it current. You are responsible for all activity under your account and for keeping your credentials confidential.
One person may maintain one account. Do not share your account, transfer it, or create an account on behalf of someone else without authorization.
Notify us at support@xaetos.com immediately if you suspect unauthorized use of your account.
You agree not to:
Location integrity matters here: check-ins are verified against gym coordinates on our servers. Attempting to defeat that verification is grounds for termination.
You retain ownership of content you submit — profile details, photos, comments, and activity posts ("User Content").
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, and display it in connection with operating and providing the Services.
You represent that you own or have the rights to the User Content you submit and that it does not violate these Terms or any third-party rights.
We may remove User Content that violates these Terms, but we are not obligated to monitor or review it.
XAETOS is not a medical service and does not provide medical advice. Consult a physician before beginning any exercise program.
You participate in physical activity at your own risk. We are not responsible for injury, illness, or death arising from your use of the Services or from activities you undertake at any gym or venue.
Streaks, reminders, and challenges are motivational features, not medical guidance. Do not disregard professional medical advice because of anything in the App.
The Services rely on device location to verify that you are physically present at a gym. Check-in features do not work without location permission.
If you grant background location access, the App may detect arrival at a gym while it is closed. You can revoke or downgrade location permission at any time in your device settings; check-ins will then require the App to be open.
Location accuracy depends on your device, GPS conditions, and network. We do not guarantee that every check-in attempt will succeed.
See our Privacy Policy for how location data is handled.
The Services, including software, design, branding, and content we provide, are owned by XAETOS and protected by intellectual property law. These Terms grant you a limited, revocable, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.
If you send us suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it without compensation or attribution.
The Services integrate with or link to third-party services, including:
The App contains no advertising networks and no third-party analytics products.
We do not endorse or control third-party services, and your use of them is subject to their own terms and privacy policies. They may be modified or discontinued without notice.
XAETOS is free to use. Some optional items may be purchased within the App, including premium themes, additional workout categories, and timer freezes.
All purchases are one-time. XAETOS does not offer subscriptions, and nothing you buy renews automatically or recurs. You will never be charged on a recurring basis.
All purchases are processed by the app store you installed from. Payment details are handled entirely by Apple or Google and are never received or stored by us.
Prices are shown in your local currency before you confirm. We may change prices for future purchases; a change never affects something you have already bought.
Refunds are handled by the app store under its own policies. We cannot process refunds for app store purchases directly — contact Apple or Google.
Purchased items have no cash value, cannot be exchanged for money, and cannot be transferred between accounts. If your account is terminated for violating these Terms, purchased items are forfeited.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that check-in detection, streak tracking, or notifications will always function as intended.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XAETOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.
Our total liability for any claim arising out of these Terms or the Services shall not exceed the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred United States dollars.
Some jurisdictions do not allow these limitations, so they may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify and hold harmless XAETOS and its officers, employees, and agents from any claim, demand, loss, or expense (including reasonable legal fees) arising from your use of the Services, your User Content, or your violation of these Terms or applicable law.
You may delete your account at any time from within the App.
We may suspend or terminate your account for violation of these Terms, fraudulent check-ins or reward manipulation, conduct harmful to other users, or as required by law.
On termination your license to use the Services ends immediately. Except as required by law, termination does not entitle you to a refund of any purchase.
Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — survive.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
A. Informal resolution first. Before starting arbitration or filing any claim, you agree to contact us at support@xaetos.com and describe the dispute. We will do the same before bringing a claim against you. Both parties agree to attempt to resolve the matter informally for 30 days from the date of that notice. This step is a precondition to arbitration.
B. Binding individual arbitration. If the dispute is not resolved within 30 days, you and XAETOS agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through BINDING INDIVIDUAL ARBITRATION rather than in court, except as stated in paragraph H. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms, before a single neutral arbitrator.
C. Class action waiver. YOU AND XAETOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding, except as expressly provided in paragraph E.
D. Effect if the class action waiver is unenforceable. The class action waiver in paragraph C is an essential part of this arbitration agreement. If a court or arbitrator determines that it is unenforceable as to a particular claim or request for relief, then this entire arbitration agreement shall be null and void as to that claim or request for relief, and that matter shall proceed in court under paragraphs I and J. It shall not proceed as a class, collective, or representative arbitration. The remainder of this Section continues to apply to all other claims.
E. Coordinated claims. If 25 or more claimants submit demands for arbitration raising substantially similar claims, and those demands are filed by the same counsel or coordinated counsel, the demands shall be administered in sequential batches of no more than 50 at a time. The parties will select an equal number of demands for each batch, and each batch will be assigned to a single arbitrator. Any applicable limitations period is tolled for demands awaiting a later batch. After the first two batches are resolved, the parties agree to engage in a single mediation before further batches proceed. This paragraph is intended to make coordinated proceedings efficient for both sides, and does not limit any individual claimant's right to relief.
F. Arbitration procedures and fees.
G. Your right to opt out. You may opt out of this arbitration agreement by sending written notice to support@xaetos.com within 30 days of first accepting these Terms. Your notice must include your name, mailing address, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out affects only this Section. It does not affect the rest of these Terms, and it will not affect your account or your use of the Services in any way.
H. Exceptions. This arbitration agreement does not apply to claims for injunctive or equitable relief, claims that may be brought in small claims court so long as they remain individual claims in that court, or disputes concerning intellectual property rights.
I. Governing law. These Terms and any disputes shall be governed by the laws of the State of Montana, United States, without regard to conflict of law principles. This arbitration agreement is governed by the Federal Arbitration Act.
J. Venue. For any dispute not subject to arbitration under this Section — including claims under paragraphs D and H — you and XAETOS consent to the exclusive jurisdiction and venue of the state courts located in Flathead County, Montana, and the United States District Court for the District of Montana. Each party waives any objection to that forum on the grounds of inconvenient forum or lack of personal jurisdiction.
K. Survival. This Section survives termination of these Terms and closure of your account.
Governing law and venue. See Section 15, paragraphs I and J.
Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and XAETOS regarding the Services.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
No waiver. Our failure to enforce any right or provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
Changes. We may modify these Terms. Material changes will be reflected in the Effective Date above and, where required, by in-app notice. Continued use after a change constitutes acceptance.
If you have questions about these Terms, please contact us:
XAETOS Support Team
Email: support@xaetos.com