Terms and Conditions

Last updated: 9/22/2025

IMPORTANT: This End User License Agreement ("Agreement") is between you and Launchific LLC ONLY, not with Apple. Launchific LLC, not Apple, is solely responsible for the Hypertrofie app and its content.

Licensed, Not Sold. Apps made available through the App Store are licensed, not sold, to you. Launchific LLC reserves all rights in and to the Licensed Application not expressly granted to you.

1. Agreement to Terms and Acknowledgement

By accessing or using Launchific LLC's website, products, or services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access our services.

You acknowledge that Apple is not a party to this Agreement and is not responsible for the Licensed Application and its content. This Agreement may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions.

2. Use License and Scope

Permission is granted to temporarily access and use our website, products, and services for personal, non-commercial transitory viewing only. For the iOS app specifically, Launchific LLC grants you a limited, non-transferable, non-exclusive license to use the Hypertrofie app on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

Under this license you may not:

• Modify or copy the materials

• Use the materials for any commercial purpose

• Attempt to decompile or reverse engineer any software

• Remove any copyright or proprietary notations

• Transfer the materials to another person

• Distribute or make the app available over a network where it could be used by multiple devices simultaneously

• Transfer, redistribute, or sublicense the app

These Terms also govern any updates or upgrades that replace or supplement the original app, unless an update is accompanied by a different agreement. If you sell or transfer an Apple device to a third party, you must remove the app from that device before doing so.

3. User Accounts

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for safeguarding your account credentials and for any activities under your account.

You agree to notify us immediately of any unauthorized access to or use of your account. We reserve the right to terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Maintenance and Support

Launchific LLC is solely responsible for providing any maintenance and support services with respect to the Hypertrofie app. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.

5. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Launchific LLC and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

In the event of any third-party claim that the app or your possession and use of the app infringes that third party's intellectual property rights, Launchific LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

6. User Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the content you post and its legality, reliability, and appropriateness.

You agree that Launchific LLC may collect and use technical data and related information to facilitate software updates, product support, and other services related to the app, provided it is in a form that does not personally identify you. For information on how we process personal data, see our Privacy Policy: https://www.hypertrofie.com/privacy

7. Product Claims and Responsibilities

You acknowledge that Launchific LLC, not Apple, is responsible for addressing any claims relating to the app or your possession and/or use of the app, including but not limited to:

• Product liability claims

• Any claim that the app fails to conform to any applicable legal or regulatory requirement

• Claims arising under consumer protection, privacy, or similar legislation

8. Prohibited Uses and Legal Compliance

You agree not to use the Service:

• In any way that violates any applicable law or regulation

• To harass, abuse, or harm another person

• To impersonate or attempt to impersonate others

• To engage in any automated use of the system

• To attempt to gain unauthorized access to our systems

You represent and warrant that:

• You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country

• You are not listed on any U.S. Government list of prohibited or restricted parties

• You will comply with all applicable third-party terms of agreement when using the app

9. Warranty and Disclaimer

Your use of our Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Launchific LLC's sole responsibility.

10. Limitation of Liability

In no event shall Launchific LLC, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LAUNCHIFIC LLC BE LIABLE FOR PERSONAL INJURY ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP. In no event shall Launchific LLC's total liability exceed fifty dollars ($50.00). Some jurisdictions do not allow limitations on implied warranties or liability, so these limitations may not apply to you.

11. External Services

The app may enable access to Launchific LLC's and/or third-party services and websites ("External Services"). You agree to use External Services at your sole risk. Launchific LLC is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such services. Data displayed by the app or External Services (including fitness/medical/location information) is for general informational purposes only. Availability of External Services may vary by language or region and may be changed, suspended, removed, disabled, or limited at any time without notice or liability.

12. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the app and destroy all copies.

13. Third-Party Beneficiary

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

14. Export Restrictions

You may not use or export the app except as authorized by United States law and the laws of the jurisdiction in which the app was obtained. In particular, but without limitation, the app may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on any U.S. Government list of prohibited or restricted parties.

14A. U.S. Government End Users

The app and related documentation are "Commercial Items," consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are used in 48 C.F.R. §2.101, §12.212, and §227.7202. They are licensed to U.S. Government end users only as Commercial Items and with only those rights granted to all other end users under these Terms.

15. Governing Law

This Agreement shall be governed by the laws of the State of Wyoming, USA, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in Wyoming. Consumer Rights: Nothing in this section limits any non-waivable consumer rights you may have under the laws of your usual place of residence.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last updated" date.

17. Subscriptions & Billing

If you purchase a subscription:

Auto-Renewal: Your Apple ID will be charged at confirmation of purchase. Subscriptions auto-renew for the same period and price unless auto-renew is turned off at least 24 hours before the current period ends.

Manage/Cancel: You can manage your subscription and turn off auto-renew in Settings > [Your Name] > Subscriptions after purchase.

Renewal Charges: Your account will be charged for renewal within 24 hours prior to the end of the current period.

Free Trials: If offered, any unused portion of a free trial is forfeited when you purchase a subscription.

Price Changes: If subscription prices change, Apple may notify you and, if required, request consent before the change takes effect.

Refunds: Refunds are handled by Apple per Apple Media Services Terms; Launchific LLC does not issue refunds directly.

18. Health & Safety Notice

Hypertrofie provides fitness information and tools for educational purposes only and is not medical advice. Always consult a physician or qualified health provider about your training, nutrition, and health questions. Stop using the app and seek medical attention if you experience dizziness, pain, shortness of breath, or other concerning symptoms. You are solely responsible for your training decisions and assume all risks associated with your use of the app's fitness programs.

19. Eligibility

You represent that you are at least 16 years old (or the minimum age of digital consent in your country) or that you have your parent/guardian's consent. If you are under 18, you may use the app only with the involvement of a parent or guardian.

20. Communications & Notifications

By creating an account, you may receive service-related emails or push notifications (e.g., account, security, training reminders). You can control notification preferences in your device settings. Marketing communications, if any, require your consent and include an opt-out.

21. HealthKit Data

If you choose to connect Apple HealthKit, Hypertrofie will access only the Health data types you authorize (such as workouts, body measurements, and activity data). Health data is used solely to enhance your training experience and track your progress within the app. This data is not used for advertising or data brokerage, and is not shared with third parties without your explicit consent. Health data may be synced with your Hypertrofie account for backup and cross-device functionality, but is encrypted and protected. You can revoke HealthKit access at any time in Apple Health > Sources > Hypertrofie. Our use of HealthKit data complies with Apple's HealthKit guidelines and our Privacy Policy.

22. Open-Source and Third-Party Components

The app may include open-source or third-party software subject to separate licenses. To the extent of a conflict, those licenses govern your use of the relevant components.

23. Indemnification

You agree to defend, indemnify, and hold harmless Launchific LLC, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: (a) your use of the app; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any content you submit through the app.

24. Force Majeure

Launchific LLC will not be liable for any failure or delay in performance under these Terms which is due to fire, earthquake, flood, pandemic, government action, war, terrorism, network failures, or other causes beyond our reasonable control.

25. General Terms

Severability: If any provision is invalid, the remaining provisions remain in effect.

No Waiver: Failure to enforce a provision is not a waiver.

Assignment: You may not assign these Terms; we may assign them as permitted by law.

Survival: Sections relating to intellectual property, disclaimers, limitation of liability, and dispute terms survive termination.

Entire Agreement: These Terms are the entire agreement between you and us regarding the app.

26. Contact Information

For questions about these Terms, technical support, or any claims regarding the Hypertrofie app, please contact us at:

Launchific LLC

Address:

Phone:

Email:

We will respond to inquiries within 48 hours during business days. By using the Hypertrofie app, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.