Terms of Service
Effective Date: July 1, 2024
Kindly review these Terms and Conditions (“Agreement”) thoroughly before using any of our services.
This Agreement establishes a legal contract between you (“User,” “you,” or “your”) and Jon Herrmann (“Company,” “we,” “us,” or “our”).
1. OBJECTIVE
Jon Herrmann provides educational materials, coaching services, and access to our mobile application and related software platforms (collectively, the “Services”). By using our website, app, or any related service, you agree to be bound by this Agreement.
Your continued use of the Services constitutes your acceptance of all terms herein.
2. ELIGIBILITY
By accessing or using the Services, you affirm that:
You are at least 16 years old (or the age of majority in your jurisdiction).
You have read, understood, and agree to this Agreement.
You are legally authorized to enter into this Agreement.
You comply with all applicable local, state, and federal laws.
If you do not agree to any part of this Agreement, you must not access or use the Services.
3. ACCESS GRANT
We grant you a limited, revocable, non-exclusive, and non-transferable license to access and use the Services for personal, non-commercial purposes.
We may suspend or terminate your access for violations of this Agreement.
You are responsible for maintaining the confidentiality of your account credentials and must notify us immediately of any unauthorized access or security breaches.
4. ACCEPTABLE USE POLICY
You agree to use the Services only for lawful purposes and in accordance with this Agreement. You agree not to:
Use the Services for unlawful, harmful, or fraudulent purposes.
Copy, modify, or distribute our content except for personal use.
Attempt unauthorized access to any system or account.
Use bots, scrapers, or automated tools to extract data.
Upload or share any harmful or misleading content.
Interfere with or disrupt servers, networks, or other users.
Misrepresent your identity or provide false information.
Violation of this policy may result in suspension or termination of your account.
5. INFORMATION ABOUT OUR SERVICES
We strive to provide accurate and up-to-date information; however, we make no representations or warranties regarding completeness, accuracy, or suitability for any purpose.
Any reliance you place on the information provided is strictly at your own risk.
External links are provided for convenience and do not signify endorsement.
6. MOBILE APPLICATION & SUBSCRIPTION SOFTWARE TERMS
6.1. Ownership & License
The Jon Herrmann Mobile Application (“App”) is owned and operated by us, even if developed or hosted by a third-party provider such as Fitbudd.
By downloading or using the App, you are granted a limited, non-transferable, non-exclusive, revocable license to install and use it solely for personal, non-commercial purposes.
You may not:
Copy, modify, or reverse-engineer any part of the App.
Extract source code or data except as permitted by law.
Use the App for resale, sublicensing, or distribution.
6.2. Relationship with Apple and Google
These Terms are between you and Jon Herrmann, not with Apple Inc. (“Apple”) or Google LLC (“Google”).
Apple and Google are not responsible for the App or its content, nor for maintenance or support.
If the App fails to conform to any applicable warranty, you may notify Apple or Google for a potential refund (if applicable).
To the fullest extent permitted by law, Apple and Google have no other warranty obligations.
You acknowledge Apple and Google as third-party beneficiaries of these Terms and that they may enforce them against you.
6.3. App Store & Google Play Compliance
You agree to comply with all applicable App Store and Google Play terms of service.
Your right to use the App is conditioned on your compliance with those store policies and this Agreement.
6.4. In-App Purchases & Subscriptions
If you subscribe through the App Store or Google Play:
Payments are processed by Apple or Google, not by us.
You must manage your subscriptions, billing, and cancellations through your Apple ID or Google Play account settings.
Subscriptions automatically renew unless canceled at least 24 hours before the renewal date.
We cannot issue refunds for payments handled by Apple or Google.
If you subscribe directly through our website, payment is processed by us per Section 7 (Payment Terms).
6.5. App Updates & Availability
We may update or modify the App at any time without notice. Updates may be required to maintain compatibility, performance, or security.
We do not guarantee continuous availability, and we reserve the right to remove or restrict access at our discretion.
6.6. Health & Fitness Disclaimer
The App provides general fitness, wellness, and nutrition information for educational purposes only.
It is not medical advice. Always consult a licensed healthcare professional before starting any exercise, diet, or supplement program.
Use of the App and reliance on its information are entirely at your own risk.
6.7. Data & Privacy
By using the App, you consent to our collection, processing, and use of data as described in our Privacy Policy.
This may include workout data, preferences, and usage statistics transmitted to our servers or those of our third-party providers.
6.8. Termination
We reserve the right to suspend or terminate your App access for violations, non-payment, or misuse. Upon termination, all licenses granted to you will immediately cease.
7. PAYMENT TERMS
By agreeing to these Terms, you authorize Jon Herrmann to charge your designated payment method for subscription fees or services.
Billing: Fees are due at the start of each billing period and are non-refundable.
Auto-Renewal: Subscriptions renew automatically unless canceled prior to renewal.
Cancellation: You may cancel by emailing [email protected] or through your App Store/Play Store account.
Taxes: You are responsible for all applicable taxes and third-party fees.
Disputes: Contact [email protected] for billing concerns.
8. USER CONTENT & CONTRIBUTIONS
You retain ownership of your content but grant us a worldwide, royalty-free, perpetual, non-exclusive license to use, display, and distribute it for the purpose of operating and improving the Services.
You represent that you have the right to share such content and that it does not infringe on the rights of others.
9. GOOD SAMARITAN POLICY
We do not tolerate illegal, harmful, or offensive content.
If you believe another user has violated this Agreement, contact [email protected].
We may investigate and take action at our discretion but are not obligated to do so.
10. INTELLECTUAL PROPERTY
All content, software, graphics, and trademarks associated with the Services are owned by Jon Herrmann or its licensors.
No rights or ownership are transferred to you under this Agreement.
11. COPYRIGHT POLICY
If you believe your copyright has been infringed, please email [email protected] with a complete DMCA notice as required by 17 U.S.C. §512.
We may terminate repeat infringers in accordance with the law.
12. PRIVACY
Your use of the Services is governed by our Privacy Policy, which forms part of this Agreement. By using our Services, you consent to our privacy practices.
13. THIRD-PARTY INTERACTIONS
The Services may contain links or integrations with third-party tools, including Fitbudd.
We are not responsible for third-party content or conduct. Your interactions with such parties are solely your responsibility.
14. INDEMNIFICATION
You agree to indemnify and hold harmless Jon Herrmann, its officers, employees, and partners from any claims, losses, or damages arising from your use of the Services or breach of this Agreement.
15. DISCLAIMER OF WARRANTIES
The Services are provided “as is” without warranties of any kind, express or implied.
We do not guarantee uninterrupted or error-free operation. Use at your own risk.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by law, our liability shall not exceed the greater of $100 USD or the amount you paid in the two months preceding the claim.
We are not liable for indirect, incidental, or consequential damages, including lost profits or data.
17. DISPUTE RESOLUTION & ARBITRATION
Any dispute arising from this Agreement shall be resolved through binding arbitration under the Federal Arbitration Act.
You waive the right to a jury trial or class action.
Before arbitration, both parties agree to attempt informal resolution by contacting [email protected].
18. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by the laws of California, USA, without regard to conflict of law principles.
Where court action is permitted, jurisdiction shall be exclusively in the state and federal courts located in California.
19. TERMINATION
We may terminate or suspend your access at any time, with or without cause.
Provisions that by nature should survive termination (e.g., intellectual property, indemnification, limitation of liability) will remain in effect.
20. GENERAL TERMS
No Partnership: This Agreement does not create a partnership, employment, or joint venture.
Severability: If any term is found invalid, the remainder remains enforceable.
Electronic Communications: You consent to receive notices electronically.
Entire Agreement: This document constitutes the entire understanding between you and Jon Herrmann.
21. DMCA POLICY
To file a DMCA notice or counter-notice, email [email protected] and include all elements required by 17 U.S.C. §512.
Knowingly submitting false claims may result in legal consequences.
NOTICE FOR APP STORE AND GOOGLE PLAY USERS
The Jon Herrmann App is published by Jon Herrmann, not by Apple Inc. or Google LLC.
Apple and Google are not responsible for the App, its content, or its performance.
Your use of the App signifies acceptance of these Terms of Service and our Privacy Policy.