Terms of Service

Effective as of July 31, 2025

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Introduction

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Thank you for using the PushPress website, consumer and business web platforms, mobile applications and the products, services and features we make available to you as part of our product offerings (collectively, the “Service”).

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Our Service

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Our Service is a complete gym management platform that unlocks the power of your fitness business. Our Service will help you automate, streamline, and grow your fitness business with hassle-free software built by gym owners, for gym owners. We provide lots of information about our products and how to use them in our Help Center.

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Your Service Provider

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The entity providing the Service is PushPress, Inc., a company operating under the laws of Delaware (referred to as “PushPress”, “we”, “us”, or “our”).

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‍Applicable Terms

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Your use of the Service is subject to these terms, which may be updated by us from time to time (this "Agreement"). This Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

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Please read this Agreement carefully and make sure you understand it. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICE, OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THIS AGREEMENT. IF YOU DO NOT UNDERSTAND THE AGREEMENT, OR DO NOT ACCEPT ANY PART OF IT, THEN YOU MAY NOT USE THE SERVICE.

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Who may use the Service?

Age Requirements

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You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a PushPress user under the legal age to form a binding contract in your jurisdiction, you agree to be fully responsible for the acts or omissions of such user, including any breach of this Agreement.

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If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to this Agreement and responsible for your child’s activity on the Service.

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Businesses

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If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Service.

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Account Creation

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To use the Service, you need to create a profile with a username and password. You must provide correct and updated information for your profile, and if applicable, a valid payment method. You are solely responsible for your account and any of your account’s activity on the service. We reserve the right to terminate your account if you provide false or incomplete information. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Service. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to us. The use of unique and complex passwords is highly recommended for security reasons.

‍Your Use of the Service

Content on the Service

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The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments or posts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, PushPress or a third-party (collectively, “Content”).

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Content is the responsibility of the person or entity that provides it to the Service. PushPress is under no obligation to host or serve Content.

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Your Information

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Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

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Permissions and Restrictions

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You may access and use the Service if you comply with this Agreement and applicable law.

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The following restrictions apply to your use of the Service. You shall not (and shall not authorize any third party to):

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1. access, reproduce, download, distribute, transmit, broadcast, display, sell, loan, rent, lease, license, alter, modify, reverse engineer, create derivative works of, reverse assemble or otherwise attempt to discover any source code of, or otherwise use any part of the Service or any Content except: (a) as expressly authorized by this Agreement; or (b) with prior written permission from PushPress and, if applicable, the respective rights holders;
2. access the Service by any means other than through the means provided by PushPress.
3. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
4. access the Service using any automated means (such as robots, botnets or scrapers) except with PushPress’s prior written permission;
5. collect or harvest any information that might identify a person (for example, usernames or faces), unless allowed by that person;
6. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
7. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to manipulate metrics in any manner;
8. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
9. run contests on or through the Service; or
10. use the Service to sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content.

Develop, Improve and Update the Service

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PushPress is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively affect your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

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We may make certain features available to you as part of a beta release or early access program for the Service (“Early Access Features”). Use of Early Access Features is at your own risk and you understand that they may contain errors, design flaws or other problems. Early Access Features may be changed or deprecated, and we may remove access at any time without notice.

Your Content and Conduct

Uploading Content

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If you have a PushPress account, you may be able to upload or post Content to the Service. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. You are legally responsible for the Content you submit to the Service. You represent and warrant that: (1) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in this Agreement; (2) the posting and use of your Content on or through the Service does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (3) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service.

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By using communications methods available on the Service, you agree that (1) depending on your account settings and method of communication, communications methods used by you may not be private, (2) communications sent to or received from third-party service providers, advertisers or other third parties are not endorsed, sponsored or approved by PushPress and (3) PushPress may pre-review, post-review, screen, archive, or otherwise monitor communications in accordance with and to the extent permitted by law. We may, in accordance with applicable law, screen, monitor, hide, restrict, refuse or remove any Content that violates this Agreement or is otherwise objectionable. Please note, this does not guarantee the accuracy, integrity or quality of such Content.

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You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or illegal. You agree to bear all risks associated with the use of any Content available in connection with the Service, including any reliance on the accuracy, completeness, or usefulness of such Content. If you believe Content posted to the Service violates our standards or this Agreement, please report it to us.

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Content Restrictions

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You are not allowed to post, publish, send, upload, disseminate, distribute, or store any Content on the Service that:

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1. is fraudulent or contains false, deceptive, or misleading statements, claims or representations;
2. impersonates any person or business;
3. endangers the emotional or physical well-being of users, including content that sexualizes users, depicts harmful or dangerous acts, or that promotes, glorifies, or encourages cyberbullying or harassment;
4. is sexually explicit or obscene;
5. promotes or encourages, suicide, self-harm, or eating disorders;
6. is intended to shock or disgust or that proposes a material risk to viewers;
7. includes vulgar, explicit, or profane language without adequate warnings;
8. constitutes hate speech, which is content that promotes hatred or violence against individuals or groups based on any of the following attributes: age, caste, disability, ethnicity, gender identity and expression, nationality, race, immigration status, religion, sex/gender, sexual orientation, victims of a major violent event and their kin, or veteran status;
9. encourages, praises, promotes, or aids violent extremist or criminal organizations;
10. includes violence or gore;
11. encourages other users to violate this Agreement;
12. promotes or encourages the production, sale, consumption, or purchase of cannabinoid products, including products containing any variants of THC, CBD, or similar compounds;
13. promotes or encourages the direct sale or home manufacturing of firearms, or methods and procedures for converting or using firearms in a manner that violates local, state, or federal laws;
14. promotes or encourages the production, sale, consumption, or purchase of regulated goods and services, including alcohol, narcotics, explosives, gambling services, and unlicensed medical services;
15. poses a serious risk of egregious harm by spreading medical misinformation that contradicts local health authorities’ or the World Health Organization’s guidance about specific health conditions or substances; or
16. contains external links to any third-party website, app, material, or content that violates the restrictions above.

Rights You Grant

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You own your Content. However, we do require you to grant certain rights to PushPress and other users of the Service, as described below.

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License to PushPress

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By providing Content to the Service, you grant to PushPress a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use and exploit that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the operation of the Service and PushPress’s (and its successors' and affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.

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License to Other Users

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If you make your content available to other users of the Service, you also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service. For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

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Duration of License

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The licenses granted by you continue for a commercially reasonable period after you remove or delete your Content from the Service. You understand and agree, however, that PushPress may retain, but not display, distribute, or perform, server copies of your removed or deleted Content.

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Removing Your Content

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You may remove your Content from the Service at any time. You must remove your Content if you no longer have the rights required by this Agreement.

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Removal of Content By PushPress

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If any of your Content (1) is in breach of this Agreement or (2) may cause harm to PushPress, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for PushPress or our affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, PushPress or our affiliates.

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Digital Millennium Copyright Act (DMCA) Notification Guidelines

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We respect the intellectual property rights of others. We require that content posted on PushPress does not violate the intellectual property rights of third parties, including copyright and trademark.

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If you believe that your intellectual property rights have been violated because of content you find on PushPress, you can request deletion of your intellectual property rights by following the process described below. If you have posted content to PushPress and someone claims that they own that intellectual property, you will be notified under the process described below,

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1. ‍Notification of Infringement

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PushPress will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website or PushPress infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our designated copyright agent (“Designated Agent”) with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements and your compliance therewith):

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1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works at that website.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

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You may submit your notification of alleged copyright infringement by sending it to our “Designated Agent” by mail or e-mail as set forth below. A “Designated Agent” is an individual who has agreed to receive copyright infringement takedown requests for an online service under the DMCA.

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Please note that we will send a copy of such notices (which will include the personal information you supply in your notice) to the individual that uploaded the allegedly infringing content.

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Additionally, please note that we may, at our discretion, send a copy of such notices to a third party for publication.

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2. Counter-Notification

If you elect to send us a counter-notice, after having been notified of a copyright claim submitted to us in accordance with Section A above, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

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1. A physical or electronic signature of the user (or parent or legal guardian if under 18) whose content was removed as a result of the copyright claim.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the user (or parent or legal guardian if under 18) has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The user’s (or parent’s or legal guardian’s if under 18) name, address, and telephone number, and a statement that the user (or parent or legal guardian if under 18) consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which we may be found, and that the user (or parent or legal guardian if under 18) will accept service of process from the person who provided notification under Section 1 above or an agent of such person.

Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

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We only accept counter-notices that meet the requirements set forth above and are received from the email address associated with the account on PushPress you used to upload the content within seven (7) business days of our forwarding you the DMCA notice. You may submit your counter-notification by sending it to our Designated Agent by mail or e-mail as set forth below.

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3. Designated Agent

Our Designated Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

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DMCA Designated Agent

PushPress, Inc.

2093 Philadelphia Pike #3188

Claymont, DE 19703

Phone: 310-956-1533

Email: dmca-agent@pushpress.com

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For clarity, only DMCA notices should go to our Designated Agent. You acknowledge that if you fail to comply with the requirements of this section, your DMCA take-down notice may not be valid.

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Our Proprietary Rights

You acknowledge and agree that the Service, any necessary software used in connection with the Service (if any), any aggregated data based on Content on the Service, and any Content available or made available on the Service contain proprietary and confidential information that is protected by law. Subject to the terms of this Agreement, we grant you a limited, personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Service. We reserve all rights not expressly granted hereunder.

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Our name, logo, the look and feel of the Service, and all other logos and product and service names (the “PushPress Marks”) are owned by us, and you may not use or display the PushPress Marks in any manner without our prior consent. Any third-party trademarks, service marks, product names, company names, or logos displayed on the Service are the property of their respective owners. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by PushPress.

Account Suspension & Termination

Terminations by You

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You may stop using the Service at any time, but you are not entitled to a refund if you do so.

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Terminations and Suspensions by PushPress

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We reserve the right to suspend or terminate your PushPress account or your access to all or part of the Service if (1) you breach this Agreement; (2) we are required to do so to comply with a legal requirement or a court order; or (3) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, PushPress or our affiliates. You agree that all suspensions or terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any suspension or termination of your account or access to the Service for cause.

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Notice for Termination or Suspension

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We will notify you with the reason for termination or suspension by PushPress unless we reasonably believe that to do so: (1) would violate the law or the direction of a legal enforcement authority; (2) would compromise an investigation; (3) would compromise the integrity, operation or security of the Service; or (4) would cause harm to any user, other third party, PushPress or our affiliates.

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Data Access

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We will make your data available to you while you have access to the Service and for a period of no greater than thirty (30) days following notice of termination. It is your responsibility to retrieve all necessary data prior to termination. If at any time you require help from us in retrieving your data, additional fees may apply. Upon termination of your access to the Service, we may delete your data and no longer have to host or maintain it.

Software in the Service

Downloadable Software

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When the Service requires or includes downloadable software, unless that software is governed by other terms which provide a license, PushPress gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license to use the software provided to you by PushPress as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by PushPress, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions, or you have PushPress’s written permission.

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Open Source

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Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.

Payments

Paid Services

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We make certain components of the Service available to you in exchange for one-time or recurring fees (each a “Paid Service”). Pricing information for Paid Services is available on the Pricing page of our website. PushPress accepts payment via the payment method indicated prior to your purchase. You must have a valid, accepted payment method on file to purchase Paid Services. You agree to pay for any Paid Service that you order. Except with our express separate written agreement, all purchases are non-cancelable and non-refundable. Unless otherwise stated, fees must be paid in advance of each billing period. PushPress will charge your payment method for the price listed for the relevant Paid Service along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations.

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Authorization and Penalties

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If you provide payment card information, you represent that you are authorized to use the card and you authorize us to charge the card for all payments hereunder. We are not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, rejected payments, etc.) resulting from charges we bill. You agree to reimburse us for any penalties, fees, overages or charges incurred because of a rejected charge or payment. By submitting payment information, you authorize PushPress to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by PushPress for purposes of acknowledging or completing any payment.

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Subscriptions

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If you purchase any automatically renewing Paid Service subscription, you agree that PushPress will charge the payment method on file on or prior to the first day of each billing period for the subscription. If you want to cancel automatic renewal of your Paid Service subscription, you must cancel such subscription (via your PushPress account) at least 30 days prior to the renewal date. If you pay through electronic cash payments (for example, debit card), (1) you authorize PushPress to process regularly scheduled charges, on a recurring basis, to your designated payment method for the applicable amounts for the relevant Paid Service (which may vary based on applicable sales tax); (2) you agree that PushPress will only provide you with notice of a change of the payment amount if such change is due to any reason other than variance in sales tax, bank processing fees, or currency exchange fees; and (3) you understand that, as an electronic funds transfer, these funds may be withdrawn as soon as the applicable transaction date(s). If any payment for a Paid Service cannot be completed via your designated payment method, you authorize PushPress and/or its service provider to collect the payment (and any fees associated with such failed payment) from your designated payment method or any other payment method you have saved to your PushPress account. You will not dispute PushPress’s recurring scheduled transactions with your bank, provided the transactions correspond to these payment terms. If PushPress is unable to charge you for a Paid Service, you may not be able to access the applicable Paid Service until you update your payment method(s). Where possible, we will provide you with notice when this happens. If you do not update your payment method(s) within a reasonable amount of time following that notice, PushPress may cancel or suspend your access to the Paid Service.

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Changes to Payment Method

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You may change your designated payment method at any time to another accepted form of payment, provided that if you wish to use a new payment method for an upcoming payment, you must select the new form of payment at least ten days prior to your next scheduled billing date.

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Payment Errors

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If you believe a payment has been processed in error, you must provide written notice to PushPress within sixty (60) days after the date of payment specifying the nature of the error and the amount in dispute.

Product-Specific Terms

Branded Member App Terms‍

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To build your Branded Member App, we will need assets from you, including a logo and background image. Throughout the build process, we will remain in communication with you via email to guide you through the necessary steps. After three unsuccessful attempts to get a hold of you (via email), we will mark your account as pending auto-cancel, which will cancel after the second billing cycle. In summary, please don’t ghost us! If you’re no longer interested in the Branded Member App, we get it, just let us know.

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Once we have received the name and logo for your Branded Member App, we will use commercially reasonable efforts to submit your Branded Member App to the Apple App Store and Google Play Store within 7-10 business days. Upon approval from the Apple App Store and Google Play Store, we will provide you with instructions for distributing your Branded Member App to your members.

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Your Branded Member App can be customized as noted below. Please reach out to a PushPress customer success team member to make any customizations.

• Branded Member Logo
• Branded Member App Store Listing for Google Play Store and Apple App Store
• Branded Member App Color
• Branded Member App Home Image Background (This can be changed monthly provided we receive new files in the correct format)
• Branded Member App Name
• Branded Member App Menu Items

You must sign up for and maintain an active Apple Developer Account for your Branded Member App. We encourage you to create your account early as the process may take some time. Additionally, we strongly encourage you to sign up for an “Organization” account rather than an “Individual” account as this will make the transfer process more efficient. Once you have successfully created your Apple Developer Account, you will need to provide us with access to your account in order for us to complete the transfer of your Branded Member App. Failure to provide access to your Apple Developer Account will result in delayed software updates (these are typically rolled out on a monthly basis). You are responsible for the cost of your Apple Developer Account and for complying with the terms applicable to your Apple Developer Account.

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We may use your company name, logo, and images associated with your company, including images of you, your coaches or instructors, and your members as it relates to your Branded Member App, including for marketing and promotional purposes.

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Unless otherwise specified, your subscription to your Branded Member App is a monthly subscription that automatically renews unless you or PushPress cancel renewal by providing at least 30 days’ notice of cancellation prior to the renewal date.

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Grow Terms

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The Grow Service consists of customized content, triggers, and workflows within a GoHighLevel sub-account developed by PushPress that can been updated with your verbiage/voice, information, and contact list. We will provide you with access to this sub-account during your subscription. We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license to use the PushPress Grow Service and customized GoHighLevel sub-account during the term of your subscription to the Grow Service for the sole purpose of marketing/sales efforts and account management for your business clients. You own your customer contact list.

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Sites Terms

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The Sites Service consists of customized content, support, and hosting for a customized website for your fitness business. We will provide you with a website template using a preset design and style (the “Template”). We will modify and customize this Template to fit your brand. This includes the logo, colors, font choices, images provided by you, copy edits, and integration with class schedules and lead pages. Any unauthorized modification of the Template shall be a material breach of this Agreement. We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license to use the Sites Service and resulting website during the term of your subscription to the Sites Service for the sole purpose of marketing and promoting your business.

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After you have subscribed to the Sites Service, we will deliver the website template to you within seven (7) business days for initial review. After receipt, you have fourteen (14) business days to submit requested edits and changes. At the end of this fourteen (14) day period, all further site edits are subject to a monthly limit of three (3) hours per month. If you need more edits exceeding three (3) hours per month, additional fees will apply.

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We will provide you with a password for administrator access to your website that enables creating and editing blog posts, coach information, and member testimonials. You may authorize a third party to use your administrator access to modify your website, but you are responsible for their use. We are not responsible for any damage or loss resulting from unauthorized access or use of such administrator access.

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We will provide you with website hosting services for use of your website consistent with the quality standard in the industry. You are responsible for paying and registering your domain name.

Other Legal Terms

Feedback

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We encourage you to provide us with any suggestions, comments or other feedback about the Service (“Feedback”). If you do so, you understand and agree that (1) all Feedback is given entirely voluntarily and does not create any confidentiality obligation for PushPress and (2) you hereby grant PushPress worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, do not send us any Feedback that you do not wish to license to us as set forth above.

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Disclaimers

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OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND PUSHPRESS DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (1) THE CONTENT PROVIDED THROUGH THE SERVICE; (2) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (3) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE. PUSHPRESS AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS, REPRESENTATIVES, AND AGENTS HEREBY (1) DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AND (2) MAKE NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

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Release and Limitation of Liability

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YOU EXPRESSLY AGREE THAT ATHLETIC ACTIVITIES IN CONNECTION WITH THE SERVICE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU AND YOUR MEMBERS VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES. YOU EXPRESSLY AGREE THAT PUSHPRESS DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, TOURNAMENT OR GROUP ACTIVITY THAT UTILIZES THE SERVICE.

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YOU HEREBY RELEASE PUSHPRESS, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH ATHLETIC ACTIVITIES IN CONNECTION WITH THE SERVICE, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH THE FOREGOING.

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EXCEPT AS REQUIRED BY APPLICABLE LAW, PUSHPRESS, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS, REPRESENTATIVES, AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGES; OR PUNITIVE DAMAGES, INCLUDING THOSE CAUSED BY:

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1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR OR YOUR USERS OR MEMBERS USE OF THE SERVICE;
3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;
5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
6. ANY CONTENT WHETHER SUBMITTED BY A USER OR PUSHPRESS, INCLUDING YOUR USE OF CONTENT; AND/OR
7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THE LIMITATIONS IN THIS SECTION APPLY TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

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PUSHPRESS AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU PAID TO PUSHPRESS FOR YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO PUSHPRESS, OF THE CLAIM; AND (2) USD $500.

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BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THE ABOVE RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

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IF YOU LIVE IN A JURISDICTION THAT DOES NOT PERMIT THE LIMITATIONS OR RESTRICTIONS ABOVE, SUCH LIMITATIONS OR RESTRICTIONS SHALL BE LIMITED AS NECESSARY TO COMPLY WITH THE APPLICABLE LAW OF SUCH JURISDICTION.

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Indemnity

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To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless PushPress, its affiliates, and its and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to the Service; (2) your violation of any term of this Agreement; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

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Third-Party Materials

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The Service may contain links or integrations to third-party websites, products, and online services. PushPress has no control over, and assumes no responsibility for, such websites, products, and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit. YOU AGREE THAT PUSHPRESS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICE.

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Electronic Communications

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The communications between you and PushPress use electronic means. For contractual purposes, you (1) consent to receive communications from PushPress in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PushPress provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

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By providing your email and phone number and using the Service, you expressly consent to receive communications, including but not limited to emails, calls, text messages (SMS/MMS), and prerecorded or artificial voice messages, from PushPress and its affiliates, agents, service providers, and partners, at the email address and number you provided. These communications may include service updates, account notifications, marketing offers, and other information related to our products and services.

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You acknowledge and agree that such communications may be sent using an automatic telephone dialing system (ATDS) or other automated means. Your consent is not a condition of purchase, and you may opt out of non-essential communications at any time by following the opt-out instructions provided in the messages or by contacting customer support.

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You understand that you are responsible for any charges associated with sending communications via your device. You represent that you are the account holder or have the necessary authorization to provide this consent for the email and phone number provided. If you wish to revoke this consent, you must notify us by following the opt-out procedures or contacting customer support.

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AI Features

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You may submit your own data, including in the form of training data, prompts or queries, (“Inputs”) and receive outputs from PushPress in the form of models (“Outputs”), or large language models (LLMs) or other machine learning or artificial intelligence models created by PushPress (“Models”), provided that PushPress may use such Inputs freely for development of Models. As between you and PushPress, you own the Inputs and Output of Models based on your Inputs, and we own any Model.

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California Notice

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PushPress is located at the address below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

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Contact Information

PushPress, Inc.

Attention: Legal

2093 Philadelphia Pike #3188

Claymont, DE 19703

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Changing this Agreement

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We may change this Agreement without your written consent, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

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If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

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Survival of Terms

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If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms” and the licenses granted by you will continue as described under “Duration of License.”

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Governing Law and Forum for Disputes

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Delaware law governs all claims arising out of or relating to this Agreement or the Service, excluding Delaware’s conflict of laws rules. You and PushPress agree that any judicial proceeding to resolve claims relating to this Agreement or the Service will be brought exclusively in the federal or state courts of New Castle County, Delaware. Both you and PushPress consent to venue and personal jurisdiction in such courts. If you live in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

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Informal Dispute Resolution

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Before filing a claim against PushPress, you agree to try to resolve the dispute informally by sending us a written notice to our email address in the “Contact Information” section above that includes your name, a detailed description of the dispute, and the relief you want. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or PushPress may bring a formal proceeding. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.

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Limitation on Legal Action

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YOU AND PUSHPRESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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General

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You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and PushPress as a result of this Agreement or your use of the Service. This Agreement constitute the entire agreement between you and PushPress with respect to your use of the Service. The failure of PushPress to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under this Agreement without the prior written consent of PushPress. PushPress has the right, in its sole discretion, to transfer or assign all or any part of its rights under this Agreement and will have the right to delegate or use third party contractors to fulfill its duties and obligations under this Agreement and in connection with the Service. PushPress’s notice to you via email, regular mail or notices, posts, or links on the Service shall constitute acceptable notice to you under this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in this Agreement are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved. You may not amend or modify this Agreement.

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