These Terms of Service ("Terms") constitute a legally binding agreement between you and RiseRally, Inc. ("RiseRally," "we," "our," or "us"), governing your access to and use of the RiseRally mobile application, website at www.riserally.com, and all related services (collectively, the "Service"). Please read these Terms carefully before using the Service.
By creating an account or accessing the Service, you confirm that you are at least 13 years of age, have read and understood these Terms, and agree to be bound by them. If you are between 13 and 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.
1. Account Registration and Responsibilities
To use most features of RiseRally, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain the accuracy of your account information and update it as necessary.
- Keep your password confidential and not share your account credentials with others.
- Notify us immediately at support@riserally.com if you suspect unauthorized access to your account.
- Accept responsibility for all activities that occur under your account.
You may not create an account on behalf of another person without their explicit consent, impersonate any person or entity, or use a name that is offensive or violates any third-party rights.
We reserve the right to suspend or terminate accounts that violate these Terms, as described in Section 11.
2. Acceptable Use
You agree to use RiseRally only for lawful purposes and in accordance with these Terms. You agree not to:
- Harass, bully, intimidate, or threaten other users, trainers, or RiseRally staff.
- Post or transmit content that is defamatory, obscene, hateful, discriminatory, or otherwise objectionable.
- Misrepresent your qualifications, identity, or affiliation — including falsely claiming to be a certified fitness professional.
- Misuse the trainer platform to conduct business outside of the platform's intended scope or to circumvent payment processing.
- Scrape, crawl, or otherwise extract data from the Service by automated means without written permission.
- Attempt to gain unauthorized access to any part of the Service, other users' accounts, or our backend systems.
- Upload or transmit viruses, malware, or any code designed to disrupt, damage, or gain unauthorized access to any system.
- Reverse-engineer, decompile, or disassemble the app or any part of the Service.
- Use the Service to promote competing products or services without our prior written consent.
- Violate any applicable local, state, national, or international law or regulation.
We reserve the right to remove content and suspend accounts that we determine, in our sole discretion, violate these standards.
3. Health Disclaimer — Not Medical Advice
The workout plans, AI coaching responses, exercise recommendations, and all other fitness-related content provided through RiseRally are intended for general informational and motivational purposes only. They are generated based on your self-reported fitness profile and preferences.
Before beginning any new exercise program, particularly if you have a known medical condition, injury, disability, or are pregnant, you should consult with a qualified physician or other licensed healthcare provider. Never disregard professional medical advice or delay seeking it because of something you read or received through RiseRally.
Our ACWR (acute-to-chronic workload ratio) safety system is designed to flag potentially risky training spikes, but it is a computational tool — not a clinical assessment. It does not replace individualized evaluation by a qualified healthcare professional.
You assume full responsibility for your use of the Service and any physical activities you undertake as a result. RiseRally shall not be liable for any injury, illness, or adverse health outcome arising from your use of the Service.
4. Trainer Platform Terms
Trainer Status
Personal trainers who use RiseRally to manage clients and accept payments are independent contractors, not employees, agents, or partners of RiseRally. RiseRally provides the platform infrastructure; it does not supervise, endorse, or warrant the quality, safety, or legality of any trainer's services.
Trainer Responsibilities
Trainers represent and warrant that they hold any required certifications, licenses, or permits to provide personal training services in their jurisdiction. Trainers are solely responsible for the advice, programming, and guidance they provide to clients, and for maintaining professional liability insurance where legally required.
Payments via Stripe
Trainer payments are processed through Stripe Connect. By using the payment features, trainers agree to Stripe's Connected Account Agreement and clients agree to Stripe's standard payment terms. RiseRally may charge a platform service fee, disclosed at the time of subscription. All fees are stated in USD and are non-refundable except where required by law or expressly agreed otherwise.
Client Protections
Clients may end a trainer-client relationship at any time. Upon termination, the trainer loses access to the client's ongoing workout data. Historical session records remain accessible to the client.
5. Intellectual Property
RiseRally's Rights
RiseRally owns all rights, title, and interest in and to the Service, including but not limited to the software, algorithms, ML models, workout programs, exercise database, user interface designs, trademarks, logos, and all related intellectual property. Nothing in these Terms grants you any right to use RiseRally's trademarks, trade names, service marks, or logos without our prior written consent.
Your Rights in Your Data
You own the personal data you provide to RiseRally. You grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and display your data solely as necessary to operate and improve the Service, consistent with our Privacy Policy. We do not claim ownership of your workout history, fitness data, or personal information.
User-Generated Content
If you submit content that may be visible to other users (e.g., profile information, challenge posts, group workout descriptions), you grant RiseRally a non-exclusive license to display such content within the Service. You represent that you have all necessary rights to grant this license and that your content does not infringe any third-party rights.
6. Third-Party Services and Links
The Service may integrate with or link to third-party services, including Apple Health, Google Health Connect, Stripe, and Together.ai. These third-party services are governed by their own terms and privacy policies. RiseRally is not responsible for the content, practices, or availability of any third-party service. Your use of third-party integrations is at your own risk.
7. Disclaimers of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RISERALLY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any content provided through the Service, including AI-generated workout recommendations.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RISERALLY, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RISERALLY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO RISERALLY IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages; in such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.
9. Indemnification
You agree to indemnify, defend, and hold harmless RiseRally, Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the Service.
10. Termination
You may terminate your account at any time by using the account deletion feature in the app or by contacting us at support@riserally.com. Upon termination, your right to access the Service immediately ceases and your data will be handled per our Privacy Policy.
We reserve the right to suspend or permanently terminate your access to the Service, with or without notice, if we determine that you have violated these Terms, engaged in fraudulent or illegal activity, or if your continued use poses a risk to other users or to the integrity of the Service.
Provisions of these Terms that by their nature should survive termination will survive, including Sections 5 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution).
11. Governing Law
These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
12. Dispute Resolution and Binding Arbitration
Informal Resolution
Before initiating any formal dispute proceeding, you agree to first contact us at legal@riserally.com and provide a written description of the dispute, your contact information, and the relief sought. We will attempt to resolve the dispute informally within 30 days.
Binding Arbitration
If the parties cannot resolve the dispute informally, you and RiseRally agree to resolve any claim or dispute through final and binding arbitration, on an individual basis. Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration will be conducted in Delaware, or remotely if agreed by the parties. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver
You and RiseRally each agree that disputes will be resolved only on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Exceptions
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or misappropriation of confidential information. Claims within the jurisdiction of small claims court may be brought in that court.
Opt-Out
You may opt out of this arbitration agreement by sending written notice to legal@riserally.com within 30 days of first accepting these Terms. Opt-out requests must include your name and account email and clearly state your intent to opt out.
13. Changes to These Terms
We may modify these Terms from time to time. When we make material changes, we will notify you by email (to the address associated with your account) or via an in-app notice at least 30 days before the changes take effect. The updated Terms will be posted at www.riserally.com/terms.html with a revised "Last Updated" date.
Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service and may delete your account.
14. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and RiseRally with respect to the Service and supersede all prior or contemporaneous understandings and agreements.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision unless acknowledged by us in writing.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms without restriction.
Force Majeure: RiseRally shall not be liable for any failure to perform obligations hereunder due to causes beyond our reasonable control, including natural disasters, acts of government, internet outages, or other force majeure events.
15. Contact
Questions about these Terms should be directed to:
- Email: legal@riserally.com
- Website: www.riserally.com
- Mail: RiseRally, Inc., Attn: Legal Team, 1116 Broadway E, Unit C, Seattle, WA 98102, USA