Deltos Terms & Conditions

Last Updated: September 16, 2026

WE WILL POST ANY CHANGES TO THESE TERMS OF SERVICE IN A NOTICE OF THE CHANGE AT THE BOTTOM OF OUR WEB PAGE WITH A HYPERLINK THERETO. WE WILL ALSO SEND YOU AN EMAIL DESCRIBING SUCH CHANGES. PLEASE REGULARLY REVIEW THESE TERMS OF SERVICE. NOTWITHSTANDING IF YOU CONTINUE TO USE OUR SERVICES, YOU ARE BOUND BY ANY CHANGES THAT WE MAKE TO THESE TERMS OF SERVICE.

These Terms of Service (“Agreement” or “Terms of Service”) are a legally binding agreement between you (the “User,” “you,” or “your”) and Hercules Fitness, LLC, a California limited liability company doing business as Deltos (“Hercules Fitness,” “we,” “us,” “our”). You acknowledge and agree that your use of the Hercules Fitness platform (the “Platform”) through Hercules Fitness’s website at https://deltos.fit (the “Website”) and Hercules Fitness’s mobile application (the “App”) will be governed by this Agreement, our Privacy Policy, and any related terms.

If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at support@deltos.fit.

Your use of our Website, App, or Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein.

PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN AN ASSUMPTION OF RISK, WAIVER AND RELEASE RELATING TO PHYSICAL EXERCISE AT SECTION 13, A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE AND/OR APP, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN. THE PLATFORM IS NOT INTENDED FOR AND MAY NOT BE USED BY ANY PERSON UNDER THE AGE OF 18. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OUR WEBSITE, APP, OR PLATFORM.

Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy.

1. INTRODUCTION TO HERCULES FITNESS AND OUR WEBSITE/APP/PLATFORM

Hercules Fitness is a consumer fitness platform offered as a software-as-a-service subscription under the brand name “Deltos.” The Platform allows you to record and track your workouts, to view insights generated from the workout information you record, and to access workout programmes contributed by third-party fitness coaches. The Platform is provided over the internet through the Website and the App. We do not sell any physical product or device.

2. TERRITORIAL SCOPE

Our Website, App, and Platform are available worldwide. We do not restrict access by reference to your country of residence, and these Terms of Service apply to you wherever you are located.

You are responsible for compliance with the laws of your own country in connection with your access to and use of the Website, App, and Platform, and you may not use them where doing so would be unlawful in your jurisdiction. We make no representation that the Website, App, or Platform, or any content available through them, is appropriate, lawful, or available for use in any particular location.

The Website, App, and Platform are operated from the United States and your information will be stored and processed there, as explained in our Privacy Policy. If you are located in the European Economic Area, the United Kingdom, or Switzerland, Section 11 of our Privacy Policy sets out the additional rights available to you and the basis on which we process your personal data. Nothing in this Section affects any right you may have under the mandatory consumer protection law of your place of residence.

This Section is subject to Section 24 (Anti-Bribery and Export Compliance), and the Platform may not be accessed from, or by any person ordinarily resident in, any country or territory subject to comprehensive United States sanctions, or by any person listed on a United States restricted or denied parties list.

If you have any questions regarding this Section, please email us at support@deltos.fit.

3. PRIVACY POLICY

Our Privacy Policy describes how we handle the personal information you provide to us when you register for our Website, App, or Platform. You understand that through your use of our Website, App, or Platform, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the storage and processing of this information in the United States. We do not treat the workout information you record as consumer health data, sensitive personal information, or special category data; see Section 12 of our Privacy Policy for our position and how that could change.

4. ELIGIBILITY & ACCESS RESTRICTIONS

To be eligible to use our Website, App, or Platform, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website, App, or Platform, or not otherwise prohibited from having an account; (c) are not our competitor, or are not using our Website, App, or Platform for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement, and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; (g) are physically able to participate in the physical activity contemplated by the Platform and have obtained any medical clearance you require, as further described in Section 13; and (h) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website, App, or Platform. We confirm eligibility through the representation in clause (a) above, together with the age rating and content descriptors we maintain for the App in the Apple App Store and Google Play Store; we do not operate a separate age-verification or age-gate screen on the Website or in the App.

5. SERVICE LICENSE

Subject to your compliance with the terms of this Agreement and payment of the applicable Subscription Fees, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website, App, or Platform to: (a) download, install, and use our App for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website, App, or Platform and content made available in or otherwise accessible through our Website, App, or Platform, strictly in accordance with this Agreement. The license granted under this Section is for your own personal, non-commercial use only, and continues only for so long as your subscription remains in effect.

You will not use, copy, adapt, modify, prepare derivative works based upon our Website, App, or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, App, or Platform, except as expressly permitted in this Agreement. When using and accessing our Website, App, or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.

YOUR ACCESS TO AND USE OF OUR WEBSITE, APP, AND PLATFORM IS SUBJECT TO THE ASSUMPTION OF RISK, WAIVER AND RELEASE SET OUT AT SECTION 13, THE DISCLAIMERS SET OUT AT SECTION 19, AND THE LIMITATION OF LIABILITY SET OUT AT SECTION 20.

6. ACCESS AND SERVICE RESTRICTIONS

You agree that our Platform, including but not limited to the Website, App, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Hercules Fitness and/or our licensors, including the fitness coaches and content partners who contribute Coach Content as described in Section 14, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement.

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, App, or Platform, in any manner, and you will not exploit our Website, App, or Platform in any unauthorized way whatsoever, including but not limited to, using our Website, App, or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website, App, or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website, App, or Platform.

7. RESERVATION OF RIGHTS

You acknowledge and agree that our Website, App, and Platform are provided for your use. Except to the extent necessary to access and use our Website, App, or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website, App, or Platform, whether expressly, by implication, estoppel, or otherwise. Hercules Fitness and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website, App, and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

If you provide us with feedback, suggestions, or ideas relating to the Website, App, or Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback for any purpose, without restriction, attribution, or compensation.

8. ACCESS RIGHTS

You can access and use our Website at https://deltos.fit. If you want to access and use our App, please go to your Google Play Store or Apple App Store to download the App. When downloading and using our App and Platform, you are required to provide us with registration information including personal information. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement and/or our Privacy Policy. You agree to cooperate with us if the security of our Website, App, or Platform is compromised by you or another person through the use of our Website, App or Platform. We will not be liable for any loss or damage arising from your failure to comply with this Section.

We collect personal information (as set forth in our Privacy Policy), which we need, from you when you register to use our Website, App, or Platform. This information is necessary for us to provide our Website, App, or Platform to you and is stored on our servers to enable us to continue to provide our Website, App, or Platform to you. Upon your written request, we will provide you with a list of all of the personal information that we store on you within thirty (30) days of receiving your request. Also, upon your prior written request, we will delete any such information within thirty (30) days of receiving your request, and, where the information is consumer health data, we will delete it from our archived and backup systems and will notify our service providers of your request. Please note that if you ask us to delete all such information, we will not be able to continue to provide our Website, App, or Platform to you. These timelines are shortened where a shorter period is required by applicable law. Please send your requests to us at privacy@deltos.fit.

9. REQUIRED CONDUCT AND PROHIBITED CONDUCT

a. Required Conduct

As a condition to access our Website, App, or Platform, you agree to this Agreement and to strictly observe the following:

Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
Provide accurate information to Hercules Fitness and update from time to time as may be necessary;
Review our Privacy Policy; and
Review and comply with notices sent by Hercules Fitness, if any, concerning our Website, App, or Platform.

b. Prohibited Conduct

Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website, App, or Platform (excluding any user content);
Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website, App, or Platform, or any part thereof;
Utilize information, content or any data you view on and/or obtain from our Website, App, or Platform to provide any service that is competitive with us;
Use the Website, App, Platform, or any Coach Content to train, coach, instruct, or programme any third party, whether or not for a fee, without our prior written consent;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by Hercules Fitness unless you have entered into a written agreement with us;
Adapt, modify, or create derivative works based on our Website, App, or Platform or technology underlying our Website, App, or Platform, or other users’ content, in whole or in part;
Rent, lease, loan, trade, sell/re-sell access to our Website, App, or Platform or any information therein, or the equivalent, in whole or part;
Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
Use manual or automated software, devices, scripts, robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
Use automated methods to add contacts or send messages;
Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
Attempt to or actually access our Website, App, or Platform by any means other than through the interface provided by Hercules Fitness;
Attempt to or actually override any security component included in or underlying our Website, App, or Platform;
Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website, App, or Platform, including those of both Hercules Fitness or any of our licensors;
Use any information obtained from our Website, App, or Platform to harass, abuse, or harm another user; or
Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.

10. HERCULES FITNESS COMMUNICATIONS

You understand and agree that you may receive information and push notifications from Hercules Fitness via email, our App, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, our App, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not Hercules Fitness.

a. Email Contact.

We may send promotional messages about us and our products and services related to our Website, App, and Platform to your email. When you send us a query email at support@deltos.fit, you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email address, you agree with these Terms of Service and our Privacy Policy. You may unsubscribe from marketing email at any time by following the instructions at the bottom of any such email or by emailing support@deltos.fit, and we will promptly remove you from all marketing correspondence. Unsubscribing from marketing email does not stop administrative messages relating to your account, subscription, or billing.

b. Push Notification.

You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Website, App, and Platform.

c. Users Under 18.

We do not knowingly send marketing email, marketing text messages, or promotional push notifications to any user we know or have reason to know is under the age of 18. If we learn that an account belongs to a user under 18, we will suspend or terminate the account as described in Section 4.

d. Text Messages.

Where we send marketing text messages, we will do so only with your prior express written consent, and you may opt out at any time by replying STOP. Message and data rates may apply.

11. SUBSCRIPTION, FREE TRIAL, FEES AND AUTOMATIC RENEWAL

a. Subscription Plans.

Access to the Platform is provided on a paid subscription basis. Our current fees are US$14.50 per month for a monthly plan and US$121.80 per year for an annual plan, in each case exclusive of applicable taxes (the “Subscription Fees”). Subscriptions are purchased and managed through a third-party payment processor.

b. Free Trial.

We offer a free trial of thirty (30) days, or such other period as we specify at the point of sign-up (the “Free Trial”). AT THE END OF THE FREE TRIAL, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONVERT INTO A PAID SUBSCRIPTION AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-APPLICABLE SUBSCRIPTION FEE, UNLESS YOU CANCEL BEFORE THE END OF THE FREE TRIAL. Before you sign up we will disclose clearly and conspicuously the length of the Free Trial, the fee that will apply on conversion, and how to cancel, and we will obtain your express affirmative consent to those terms.

c. Term and Automatic Renewal.

Subscriptions have an initial term of one (1) month or twelve (12) months, as selected by you at sign-up. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME LENGTH, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-APPLICABLE SUBSCRIPTION FEE AT THE START OF EACH RENEWAL PERIOD, UNTIL YOU CANCEL. We will obtain your express affirmative consent to these automatic renewal terms as a separate step before your purchase is completed, and we will retain a record of that consent for not less than three (3) years or one (1) year following termination of your subscription, whichever is longer.

d. Renewal Reminders.

Where required by applicable law, and in any event at least once in every twelve (12) months for subscriptions with a term of twelve (12) months or longer, we will send you a reminder stating the renewal frequency, the amount to be charged, the date of the next charge, and clear instructions on how to cancel.

e. Changes to Fees and Services.

We may change the Subscription Fees and the features included in a plan. We will give you clear and conspicuous notice of any material change to pricing or to the Platform at least thirty (30) days before it takes effect, together with instructions on how to cancel. Any change to the Subscription Fees will apply from your next renewal period only, and will not apply retrospectively to any period for which you have already paid. If you do not accept a change, you may cancel under Section 12 before it takes effect.

g. Billing and Taxes.

Subscription Fees are charged in advance to the payment method you provide. You authorise us and our payment processor to charge that payment method for all Subscription Fees as they become due. If a payment fails, we may retry the charge and may suspend your access until payment is received. All Subscription Fees are exclusive of sales, use, value added, goods and services, and other transaction taxes, which will be added where applicable, and we are responsible only for taxes assessed on our own net income.

12. CANCELLATION AND REFUNDS

a. Cancellation by You.

You may cancel your subscription at any time, for any reason from your account, or by emailing support@deltos.fit. Because you subscribe online, you may cancel online, and we will not require you to call, chat, or complete any step that is more burdensome than the step by which you subscribed. Cancellation takes effect at the end of your then-current billing period and you retain access until that date. We do not charge any cancellation or termination fee.

b. Refunds.

Subscription Fees are non-refundable, save that where we terminate your subscription for convenience under Section 21, or where you terminate because we are in material breach of this Agreement and have failed to cure that breach within thirty (30) days of written notice, we will refund the pro-rata portion of any prepaid Subscription Fees covering the unexpired portion of your then-current term. Nothing in this Section limits any refund right you may have under applicable consumer protection law.

c. Effect of Cancellation.

On expiry or cancellation, your right to access the Platform ends and your access will be revoked. We will make your Workout Data available for export for a period of thirty (30) days following the effective date of cancellation, after which we may delete it in accordance with our Privacy Policy. Any Subscription Fees accrued before cancellation remain payable.

13. HEALTH AND SAFETY; NO MEDICAL ADVICE; ASSUMPTION OF RISK AND RELEASE

a. Not Medical Advice.

THE PLATFORM IS PROVIDED FOR GENERAL FITNESS AND INFORMATIONAL PURPOSES ONLY. HERCULES FITNESS IS NOT A HEALTHCARE PROVIDER. THE PLATFORM DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT A SUBSTITUTE FOR THE ADVICE OF A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. NO PHYSICIAN-PATIENT, CLINICIAN-PATIENT, OR OTHER PROFESSIONAL RELATIONSHIP IS CREATED BY YOUR USE OF THE PLATFORM.

b. Consult a Physician.

You should consult a physician before beginning any exercise programme, and in particular if you are pregnant, have or suspect you have any medical condition, are recovering from injury or surgery, or are taking any medication. Never disregard or delay seeking professional medical advice because of anything you read or receive through the Platform.

c. Emergencies.

The Platform is not an emergency service. If you experience chest pain, dizziness, shortness of breath, or any other symptom of a medical emergency, stop exercising immediately and call your local emergency number.

d. Insights Are Not Diagnostic.

The insights, summaries, trends, and recommendations generated by the Platform are produced automatically from the information you enter, as described in Section 17 of our Privacy Policy. They are informational only, may be inaccurate or incomplete, and are not a clinical assessment of your health, fitness, or capability. You should not rely on them as the sole basis for any decision affecting your health.

e. Assumption of Risk.

YOU UNDERSTAND THAT PHYSICAL EXERCISE INVOLVES INHERENT RISKS, INCLUDING THE RISK OF MUSCLE STRAIN, SPRAIN, FRACTURE, HEART ATTACK, STROKE, PERMANENT DISABILITY, AND DEATH. YOU VOLUNTARILY ASSUME ALL SUCH RISKS ARISING FROM YOUR USE OF THE PLATFORM AND YOUR PERFORMANCE OF ANY EXERCISE OR PROGRAMME ACCESSED THROUGH IT, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN TO YOU.

f. Release and Waiver.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE HERCULES FITNESS AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND CONTENT PARTNERS FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING FROM OR RELATING TO ANY INJURY, ILLNESS, OR DEATH SUSTAINED IN CONNECTION WITH YOUR USE OF THE PLATFORM, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOUR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN, WOULD HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

14. COACH CONTENT AND THIRD-PARTY MATERIALS

The Platform includes workout programmes and related content contributed by third-party fitness coaches and content partners (“Coach Content”). Coach Content is provided for general informational purposes. Hercules Fitness does not employ, supervise, endorse, or verify the qualifications, certifications, insurance, or advice of any coach, and does not warrant that any Coach Content is accurate, complete, suitable for you, or safe in your circumstances. You are solely responsible for evaluating whether any programme is appropriate for you, and your use of Coach Content is at your own risk and subject to Section 13.

The Website, App, and Platform may link to or incorporate third-party websites, products, and services. We do not control and are not responsible for third-party materials, and your use of them is governed by the applicable third party’s own terms and privacy policy.

15. YOUR CONTENT AND WORKOUT DATA

As between you and Hercules Fitness, you retain ownership of the workout information you enter into the Platform and any notes or other content you submit (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, and display Your Content solely as necessary to operate and provide the Platform to you, to generate the insights and recommendations that form part of the Platform, and to create aggregated and de-identified statistics as described in our Privacy Policy. This licence ends when Your Content is deleted, save in respect of aggregated and de-identified data, which does not identify you.

We will not publish, share, or use Your Content in any case study, marketing material, or social media content in a form that identifies you, without your separate express consent. We will not use Your Content to train, fine-tune, or develop any general-purpose or foundational artificial intelligence or machine learning model. You are responsible for the accuracy and legality of Your Content and represent that you have all rights necessary to submit it.

We will not use the content of any user under the age of 18 in any case study, marketing material, or social media content in any form, whether identified or not, and no consent is available for that purpose.

16. AFFILIATE AND REFERRAL PROGRAMME

We operate an affiliate and referral programme through Dub.co. Participation is subject to any separate affiliate terms we provide. Affiliates, coaches, and any other person who receives compensation, free access, or any other benefit in connection with promoting the Platform must clearly and conspicuously disclose that material connection in every promotional communication, as required by the Federal Trade Commission’s Endorsement Guides, 16 C.F.R. Part 255. No affiliate may make any claim about the Platform, or about any health, fitness, weight, or performance outcome, that we have not authorised in writing. We may suspend or terminate any affiliate who fails to comply, and may withhold any commission otherwise payable.

17. APP STORE TERMS

If you download the App from the Apple App Store or the Google Play Store, you acknowledge that: this Agreement is between you and Hercules Fitness only, and not with Apple Inc. or Google LLC; the applicable store provider has no obligation to provide maintenance or support for the App; the applicable store provider is not responsible for any claim relating to the App, including product liability, legal compliance, or intellectual property claims; and the applicable store provider is a third-party beneficiary of this Agreement and may enforce it against you. You further represent that you are not located in a country subject to a United States embargo and are not listed on any United States list of prohibited or restricted parties.

18. INDEMNIFICATION

You agree to indemnify, defend, and hold Hercules Fitness and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Hercules Fitness and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; (iv) Your Content; or (v) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.

19. DISCLAIMERS

Your access to and use of our Website, App, and Platform or any content are at your own risk. You understand and agree that our Website, App, and Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website, App, or Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website, App, or Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website, App, or Platform; and (iv) whether our Website, App, or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT USE OF THE PLATFORM WILL PRODUCE ANY PARTICULAR FITNESS, HEALTH, WEIGHT, STRENGTH, OR PERFORMANCE RESULT, AND WE MAKE NO WARRANTY AS TO THE ACCURACY, RELIABILITY, OR SUITABILITY OF ANY INSIGHT, RECOMMENDATION, OR OTHER AUTOMATED OUTPUT GENERATED BY THE PLATFORM OR OF ANY COACH CONTENT. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUP OF ANY DATA THAT MATTERS TO YOU.

No advice or information, whether oral or written, obtained from us or through our Website, App, or Platform will create any warranty not expressly made herein.

20. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH LOSS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF HERCULES FITNESS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that Hercules Fitness may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Hercules Fitness’s liability will be the minimum permitted under applicable law.

21. TERMINATION

You may cancel your subscription and terminate this Agreement at any time in accordance with Section 12

We reserve the right to suspend or terminate your account or cease providing you with access to all or part of our Website, App, or Platform (a) immediately, for cause, if we reasonably believe: (i) you have violated this Agreement or our Privacy Policy; (ii) you create risk or possible legal exposure for Hercules Fitness; or (iii) you have failed to pay Subscription Fees when due; or (b) for convenience, on thirty (30) days’ written notice, in which case we will refund prepaid Subscription Fees on the basis set out in Section 12(b). We will make reasonable efforts to notify you of such termination by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, this Agreement shall terminate, including, without limitation, your license to use our Website, App, or Platform.

All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive, including Sections 7, 12, 13, 15, 18, 19, 20, 22, 23, 24, 27, 28 and 29.

22. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the material on our Website, App, or Platform that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Hercules Fitness’s Copyright Agent to receive DMCA Takedown Notices is Jordan Wolff, support@deltos.fit, at Hercules Fitness, LLC, Attn: DMCA Notice, 741 Castro Street, #A, San Francisco, CA 94114. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Hercules Fitness in connection with the written notification and allegation of copyright infringement.

23. ASSIGNMENT

This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void. We may assign this Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets.

24. ANTI-BRIBERY AND EXPORT COMPLIANCE

You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website, App, or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website, App, or Platform to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.

25. MODIFICATIONS

We will post any changes to these Terms of Service in a notice of the change at the bottom of our web page with a hyperlink thereto. We will also send you an email describing such changes. Please regularly review these Terms of Service. Notwithstanding, if you continue to use our services, you are bound by any changes that we make to these Terms of Service. Where a change is material, we will give you not less than thirty (30) days’ notice before it takes effect, and if you do not agree you may cancel under Section 12 before the change applies to you.

26. RELATIONSHIP OF PARTIES

The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind Hercules Fitness to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of Hercules Fitness.

27. GOVERNING LAW

This Agreement shall be governed by the law of the State of California, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California for any actions not subject to the Dispute Resolution and Arbitration provisions as set forth in Section 28. Nothing in this Section deprives a consumer of the protection of the mandatory law of their place of residence.

28. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HERCULES FITNESS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

a. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Hercules Fitness agree (a) to waive your and Hercules Fitness’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website, App, or Platform, resolved in a court, and (b) to waive your and Hercules Fitness’s respective rights to a jury trial. Instead, you and Hercules Fitness agree to arbitrate Disputes through binding arbitration.

b. No Class Arbitrations, Class Actions or Representative Actions

You and Hercules Fitness agree that any Dispute arising out of or related to these Terms of Service or use or access of our Website, App, or Platform is personal to you and Hercules Fitness and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

c. Federal Arbitration Act

You and Hercules Fitness agree that these Terms of Service affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq., to the maximum extent permitted by applicable law.

d. Notice; Informal Dispute Resolution

You and Hercules Fitness agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Hercules Fitness shall be sent by certified mail or courier to Hercules Fitness, LLC, Attn: Jordan Wolff, 741 Castro Street, #A, San Francisco, CA 94114. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Hercules Fitness account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If the parties cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received, then either party may commence an arbitration proceeding.

e. Process

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, YOU AND HERCULES FITNESS AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED. You and Hercules Fitness agree that (a) any arbitration will occur in San Francisco County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section, and (c) that the state or federal courts of the State of California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

f. Authority of Arbitrator

As limited by the Federal Arbitration Act, these Terms of Service and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service. Notwithstanding anything to the contrary herein or the applicable AAA Rules, discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents. The arbitrator’s award of damages must be consistent with Section 20 as to the types and amounts of damages for which a party may be held liable.

g. Rules of AAA

The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Service, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

h. Severability

If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable.

i. Opt-Out Right

YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: HERCULES FITNESS, LLC, RE: OPT-OUT, 741 CASTRO STREET, #A, SAN FRANCISCO, CA 94114. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 27.

29. MISCELLANEOUS

This Agreement along with our Privacy Policy constitutes the entire agreement between you and Hercules Fitness and supersedes any prior agreements between you and Hercules Fitness with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will 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, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website, App, or Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, excluding any obligation to pay money. Except as explicitly stated otherwise, any notices to Hercules Fitness shall be given by certified mail, postage prepaid and return receipt requested to Hercules Fitness, LLC, 741 Castro Street, #A, San Francisco, CA 94114. Any notices to you shall be provided to you through our Website, App, or Platform or given to you via the email address or physical address you provide to Hercules Fitness during the registration process.

Contact:

Hercules Fitness, LLC
741 Castro Street, #A, San Francisco, CA 94114

Email: support@deltos.fit
Telephone: 847-287-6158.