Terms of Service

Effective date: October 16, 2026

These Terms of Service ("Terms") are an agreement between you and Works Pretty Good LLC, a New York limited liability company ("Works Pretty Good," "we," "us"). They govern your use of the Hard Mode mobile app and related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you don't agree, don't use the Service.

Questions about these Terms: support@gethardmode.com.

1. Who can use Hard Mode

Hard Mode is offered only to people located in the United States. You must be at least 13 years old. If you are under 18 (or the age of majority where you live), you may use the Service only with the involvement of a parent or guardian who agrees to these Terms.

You are responsible for the accuracy of the information you give us and for keeping your sign-in credentials secure. Tell us promptly at support@gethardmode.com if you think someone has accessed your account without permission.

2. Not medical advice; assumption of risk

Hard Mode is a workout-logging and planning tool. It does not provide medical advice, diagnosis, or treatment, and it is not a substitute for a doctor, physical therapist, or certified trainer.

• Talk to a qualified health professional before starting or changing an exercise program, especially if you have a medical condition, an injury, are pregnant, or have not exercised in a while.
• Workout suggestions, auto-generated workouts, exercise descriptions, difficulty ratings, and rep, set, or rest recommendations are general suggestions. They are not tailored medical or professional advice, and they may not suit you.
• Calorie figures and similar numbers are estimates. When Apple Health provides a measured value we may show it, and it can also be inaccurate.
• Hard Mode is not a medical record and is not designed for use as a HIPAA-regulated service. Don't rely on it to store or share information that a health care provider or insurer must keep under law.
• Exercise carries a risk of injury, including serious injury. You choose to exercise at your own risk. Stop immediately and seek medical help if you feel pain, dizziness, or discomfort.

3. Your account and your data

You may sign in with Apple or with an email address and password. Your workouts, body-weight entries, preferences, and the other information you put into the Service ("Your Content") belong to you. You give us a limited, worldwide, non-exclusive license to store, process, back up, sync, and display Your Content solely to operate, maintain, and improve the Service for you. This license ends when Your Content is deleted from the Service, except for copies in backups or logs that are removed on their normal schedule.

How we handle personal information is described in our Privacy Policy, which is part of these Terms.

You can delete your account in the app. Deleting your account permanently deletes your profile and workout data, and it cannot be undone. Deleting your account does not cancel an active subscription; you must cancel that through Apple (see Section 4).

4. Subscriptions and billing

Access to the Service requires a paid auto-renewing subscription, offered monthly or yearly. Some plans include a free trial. The price, billing period, and trial length are shown in the app and in the App Store before you subscribe, and they control over anything summarized here.

• Billing through Apple. Payment is charged to your Apple ID account at confirmation of purchase. We do not receive or store your payment card details. Apple handles billing, taxes, and refunds.
• Automatic renewal. Your subscription renews automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
• Free trials. If you cancel before a free trial ends, you will not be charged. Any unused portion of a free trial is forfeited when you purchase a subscription, where Apple allows that.
• Managing and canceling. You can manage or cancel your subscription at any time in Settings on your iPhone (your name at the top, then Subscriptions), or from Settings in the Hard Mode app. Deleting the app does not cancel your subscription.
• Price changes. If we change the price, Apple will notify you as required. If you do not agree to a price increase where Apple requires your consent, your subscription will not renew at the new price.
• Refunds. Refund requests are handled by Apple under its policies at reportaproblem.apple.com. We cannot issue refunds for App Store purchases ourselves, and whether a refund is granted is up to Apple. Nothing in this section limits any refund right you have under applicable law.

5. Skins and rewards

Hard Mode includes cosmetic themes ("skins"). Some are free for everyone. Others unlock when you reach usage milestones, such as the number of workouts you have logged or the total weight you have moved. Skins are cosmetic only. They have no cash value, cannot be sold or transferred, and are not purchasable. We may add, change, rebalance, or retire skins and unlock milestones over time.

6. Apple Health

If you choose to connect Apple Health, Hard Mode reads your workouts from Apple Health on your device in order to show them in your timeline. This is optional, read-only, and can be turned off in Hard Mode Settings or in the iOS Health settings at any time. Apple Health data is processed on your device and is not uploaded to our servers. See the Privacy Policy for details.

7. Acceptable use

You agree not to:

• use the Service in violation of any law, or infringe anyone's rights;
• attempt to access other people's accounts or data, or probe, scan, or test the Service's security;
• interfere with or disrupt the Service, including by overloading it, automated scraping, or introducing malware;
• reverse engineer, decompile, or copy the Service or its content, except where the law expressly allows it;
• systematically retrieve data or content from the Service to build a collection, database, or directory without our written permission;
• impersonate another person, or misuse our support channels, including by submitting false reports;
• use the Service to compete with us, or for any revenue-generating or commercial purpose we haven't approved;
• resell, sublicense, or commercially exploit the Service without our written permission; or
• misuse the Service to harm yourself or others, including by ignoring the safety guidance in Section 2.

8. Our content and intellectual property

The Service, including the app, its design, code, skins, exercise database, text, graphics, and trademarks, is owned by Works Pretty Good or its licensors and is protected by intellectual property laws. Some exercise names and images come from open datasets that carry their own licenses, which continue to apply to that material. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the app on Apple devices that you own or control.

If you send us feedback or suggestions, you allow us to use them without restriction or compensation to you.

9. Third-party services

The Service relies on third parties, including Apple (Sign in with Apple, the App Store, Apple Health), Google Firebase (authentication, database, and cloud functions), and RevenueCat (subscription management). Your use of those services may be subject to their own terms. We are not responsible for third-party services we do not control.

Apple. These Terms are between you and Works Pretty Good, not Apple. Apple's Licensed Application End User License Agreement (the "Apple EULA") also applies to your use of the app. If these Terms conflict with the Apple EULA about the app license, the Apple EULA controls on that point. Apple has no obligation to provide maintenance or support for the app, is not responsible for claims relating to the app, and is a third-party beneficiary of the Apple EULA with the right to enforce it against you.

10. Changes to the Service and to these Terms

We may change, suspend, or discontinue any part of the Service. We may update these Terms from time to time. If a change is material we will give you reasonable notice, such as in the app or by email, and the change takes effect on the date we state, which will not be earlier than the notice. Continuing to use the Service after that date means you accept the updated Terms. If you don't accept them, stop using the Service and delete your account.

11. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or end your access if you breach these Terms, if we are required to by law, or if your use creates risk or harm for us or others. Sections that by their nature should survive termination will survive, including Sections 2, 8, 12, 13, 14, and 15.

12. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or secure, that data will never be lost, or that any workout, estimate, or suggestion is accurate, safe, or right for you. Some places do not allow certain disclaimers, so parts of this section may not apply to you.

13. Limitation of liability

To the fullest extent permitted by law, Works Pretty Good and its members, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, profits, or goodwill, arising out of or relating to the Service or these Terms. To the fullest extent permitted by law, our total liability for any claim relating to the Service or these Terms will not exceed the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim or (b) US $50.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud, or for any other liability that applicable law does not allow us to limit. If you are a consumer, you keep any rights that mandatory consumer-protection law in your state gives you.

14. Indemnification

You agree to defend, indemnify, and hold Works Pretty Good and its members, officers, employees, and agents harmless from any third-party claim, loss, or expense (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of the law, or your violation of another person's rights. We may take over the defense of a claim at our expense, and you agree to cooperate. We will use reasonable efforts to tell you about a claim we know of. This section does not apply to the extent applicable law does not allow it against consumers.

15. Governing law and dispute resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules.

Informal resolution first. Before starting a formal proceeding, contact us at support@gethardmode.com and give us 30 days to try to resolve the issue informally. Please include your name, the email on your account, and a description of the problem.

Binding arbitration. If we can't resolve a dispute informally, you and Works Pretty Good agree that it will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at adr.org. This means you give up the right to a trial by jury and to sue in court, except as stated below. The arbitration may be conducted by phone, online, by written submissions, or in person in New York, New York. The arbitrator must follow applicable law, and a court may enter judgment on the award. AAA's rules determine who pays fees; we will pay any fees the rules require us to pay, and we will not seek fees from you that you couldn't recover from us in court.

Individual claims only. To the fullest extent permitted by law, disputes will be resolved only on an individual basis. There is no right or authority for a dispute to be brought as a class, consolidated, or representative action, or on behalf of the general public.

What is not covered. Either of us may bring an individual claim in small-claims court. Either of us may seek injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized use of the Service. Nothing here waives any right you have under mandatory consumer-protection law, including any right to seek public injunctive relief that the law does not allow you to waive.

Opt out. You may opt out of arbitration and the class-action waiver by emailing support@gethardmode.com with the subject "Arbitration opt-out" within 30 days after you first accept these Terms. If you opt out, disputes will be resolved in court as described next.

Courts. If a dispute proceeds in court (because you opted out, because it is excluded above, or because this arbitration agreement is found unenforceable), it will be brought exclusively in the state or federal courts located in the State of New York, and you and Works Pretty Good consent to personal jurisdiction and venue there. If the class-action waiver is found unenforceable as to a claim, that claim will be decided in court rather than in arbitration.

16. California users

If you are a California resident and a complaint about the Service isn't resolved to your satisfaction, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

17. General

These Terms, the Privacy Policy, and the Apple EULA are the entire agreement between you and us about the Service. If a provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We may communicate with you electronically, and electronic notices satisfy any legal requirement that notices be in writing.

18. Contact

Works Pretty Good LLC 2248 Broadway #2262 New York, NY 10024 Email: support@gethardmode.com