Terms and Conditions - Club
Last Updated: October 1, 2025
Effective Date: October 2, 2025
These Consumer Terms & Conditions (“Terms”) govern your access to and use of Hyperhuman’s consumer applications and websites, including Training HQ (web app) and any white-label health & fitness apps powered by Hyperhuman (collectively, the “Apps”), as well as related content, features, and services (the “Services”). “Hyperhuman,” “we,” and “us” mean Hyperhuman S.R.L. By creating an account, accessing, or using the Apps, you agree to be bound by these Terms.
Summary (non-binding):
• Personal, non-commercial use only; you must be 18+.
• The Apps/Content are not medical advice or medical devices.
• Subscriptions auto-renew unless you cancel. Trials convert unless canceled.
• No ripping, downloading, or redistribution of Content.
• Features may change or be discontinued; outages can occur.
• Our liability is heavily limited; you agree to indemnify us in certain cases.
1. Relationship With Other Terms
These Terms incorporate by reference: (a) our Privacy Policy; (b) any in-app store terms (Apple App Store/Google Play); and (c) any Distributor-specific terms presented in a white-label App. In case of conflict: Distributor/order-specific terms (if any) → these Terms → Privacy Policy. Platform (app-store) rules still apply.
2. Definitions
- Account: your registered profile in an App.
- Content: videos, audio, overlays, images, exercise/workout/program data, text, social clips, and related materials available via the Apps.
- Org/Brand Content: Content uploaded or licensed by a white-label brand (Distributor).
- User Content: content you or other users submit (e.g., comments, photos, posts).
- Personal Data: information relating to an identified or identifiable person.
- Wearables: third-party devices/services you connect to share activity/health metrics.
- Distributor: the organization operating a white-label App under its brand.
3. Acceptance & Eligibility
3.1 Acceptance. By registering for an Account, using the Apps, or clicking “accept,” you agree to these Terms.
3.2 Eligibility. You must be 18+ and have legal capacity. Apps are for consumer use only.
3.3 Changes. We may update these Terms; we’ll notify you where required. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Apps and cancel any subscription.
4. Access, Registration & Security
4.1 Registration. Create an Account and provide accurate information. Single sign-on may be offered.
4.2 Security. Keep credentials confidential. You are responsible for all activity under your Account. If you suspect unauthorized use, notify support@hyperhuman.cc without undue delay.
4.3 Suspension/Revocation. We may monitor usage and suspend or revoke access for violations, risk to users/platform, non-payment, or legal/security reasons.
5. License & Scope
Subject to these Terms, Hyperhuman grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Apps and view Content for personal, non-commercial purposes. All other rights are reserved.
6. Usage Restrictions (Acceptable Use)
You must not:
(a) download, rip, capture, archive, rebroadcast, redistribute, or publicly perform Content outside the Apps;
(b) remove/alter watermarks, notices, or overlays;
(c) scrape, mine, or bulk export data; train machine-learning models on the Content;
(d) bypass geo/time/device controls, DRM, or other protections;
(e) decompile, reverse engineer, or probe the Apps;
(f) upload malware, spam, or unlawful, harassing, hateful, deceptive, sexually explicit, or infringing material;
(g) target or knowingly track minors; or
(h) use the Apps/Content for commercial, professional, or medical purposes.
7. Content Rights & User Content
7.1 Ownership. Except as expressly granted, all IP in the Apps and Content is owned by Hyperhuman and/or licensors (including Distributors and creators).
7.2 User Content License. You retain ownership of User Content you submit. You grant Hyperhuman a worldwide, royalty-free, transferable, sublicensable, irrevocable license to host, use, reproduce, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content to operate, improve, secure, and promote the Apps and Services.
7.3 Community Standards. We may remove content or warn/suspend/terminate Accounts at our discretion for violations.
7.4 Representations. You represent you have all rights needed to post your User Content and that it does not infringe others’ rights.
7.5 Reports. Report alleged infringement or policy abuse to support@hyperhuman.cc with sufficient detail (URL/location, description, your contact info, and a statement under penalty of perjury).
8. Privacy, Data Protection & Security
8.1 Privacy. We process Personal Data per our Privacy Policy. You can adjust privacy controls in your Account.
8.2 Wearables. If you connect wearables, you authorize us to receive/process related data for personalization, analytics, and feature operation. Accuracy of third-party data is not guaranteed. Disconnect any time in settings.
8.3 Special Categories. Do not upload special-category data unless the App explicitly supports it and you consent as required by law.
8.4 Security Incidents. Notify support@hyperhuman.cc without undue delay if you suspect unauthorized access to your Account.
9. Caching & Local Storage
Only ephemeral, session-based caching is permitted to enable playback/performance. Cached Content must cease to be available after the session. Respect any availability or permission changes promptly.
10. Devices, Connectivity & Third-Party Services
You are responsible for compatible devices/OS versions, internet/mobile data, and any third-party services (e.g., wearables, app-store accounts). We are not responsible for third-party failures, device inaccuracies, or carrier charges.
11. Changes, Availability & Beta
We may modify, suspend, or discontinue any feature, Content, or the Apps at any time. We may introduce beta/experimental features that may change or be removed. Outages and maintenance may occur.
12. Fees, Billing, Trials & Taxes
12.1 Free & Paid. Some features are free; premium features may require a subscription or one-time purchase.
12.2 App-Store Purchases. If you purchase via Apple/Google, their terms and billing rules apply. Manage cancellations in platform settings.
12.3 Auto-Renewal. Subscriptions auto-renew at the then-current price unless canceled before renewal. We may change prices with notice where required.
12.4 Trials/Promos. Trials convert to paid unless canceled before trial ends. We may modify/terminate promotions at any time.
12.5 Taxes. Prices may exclude applicable taxes; you are responsible for them.
12.6 Failed Payments. We may suspend/terminate access for non-payment and recover reasonable costs where permitted.
13. Marketing; Brand References
With your consent where required, we may send push notifications or emails (e.g., reminders, recommendations). You can control preferences in settings. Use of Hyperhuman marks requires prior written consent; Distributor marks are governed by the Distributor’s policies.
14. Export Control & Sanctions
You will not use the Apps in violation of export control or sanctions laws (EU, UK, U.S., UN) and represent you are not a prohibited party or in an embargoed country.
15. Anti-Corruption
You will comply with applicable anti-bribery/anti-corruption laws in connection with your use of the Apps (including UK Bribery Act and U.S. FCPA, where applicable).
16. Open Source; Third-Party Components
Some components may be open-source or third-party. Their licenses may apply in addition to these Terms.
17. Feedback
If you submit feedback or ideas, you grant Hyperhuman a perpetual, irrevocable, worldwide, royalty-free license to use and exploit them without restriction.
18. Confidentiality
You may gain access to non-public features, test programs, roadmaps, or other confidential materials. You must protect such information with reasonable care and use it only to access and use the Apps; delete it upon request.
19. Warranties; Disclaimers
THE APPS, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HYPERHUMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant uninterrupted or error-free operation, specific results, or content availability. The Apps/Content, including the AI Coach, are not medical advice or medical devices.
20. Indemnification
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Hyperhuman and its affiliates, officers, directors, employees, and agents from any third-party claim, loss, liability, or expense (including reasonable attorneys’ fees) arising from: (a) your User Content; (b) your breach of these Terms or law; or (c) your misuse of the Apps/Content.
21. Limitation of Liability
21.1 No Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERHUMAN, ITS AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR COVER, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATED TO THE APPS, SERVICES, CONTENT, OR THESE TERMS, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY.
21.2 Specific Exclusions. Without limiting the foregoing: no liability for content availability/removal; geo/time/device restrictions; third-party services/networks; outages, delays, latency; your device/environment; health/fitness outcomes; beta features; or force majeure.
21.3 Aggregate Cap (If Exclusion Not Allowed). IF LIABILITY CANNOT BE EXCLUDED, HYPERHUMAN’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS WILL BE THE LESSER OF: (I) AMOUNTS YOU PAID TO HYPERHUMAN FOR THE APPS IN THE THREE (3) MONTHS BEFORE THE EVENT; OR (II) €25. MULTIPLE CLAIMS DO NOT ENLARGE THIS LIMIT.
21.4 Claim Period. ANY CLAIM MUST BE FILED WITHIN TWO (2) DAYS OF ACCRUAL OR BE BARRED.
21.5 Non-Excludable Liability. Nothing excludes liability that cannot be excluded by law.
22. Term; Suspension; Termination
We may suspend or terminate your access immediately for breach, non-payment, legal/security risks, or platform integrity concerns. You may cancel your Account at any time (see §23). Upon termination, your license ends and we may delete your data consistent with our Privacy Policy and legal obligations. Sections intended to survive will survive.
23. Notices, Support & Account Deletion
Support & Consumer Notices: support@hyperhuman.cc
Legal: legal@hyperhuman.cc
Security: support@hyperhuman.cc
Abuse/Takedown (IP/Content): support@hyperhuman.cc
Postal: Hyperhuman S.R.L., Str. Plugarilor nr. 8G, 500473 Brașov, Romania
Account Deletion (processed within 10 business days):
• Email support@hyperhuman.cc with subject “Delete My Account”, or
• In-App: Profile → Settings → Ask to delete my account.
We may retain certain data as required by law or for legitimate interests (e.g., fraud prevention, accounting records), as detailed in our Privacy Policy.
24. Governing Law; Jurisdiction
These Terms are governed by the laws of Romania, excluding conflict-of-laws rules. Where permitted, the parties submit to the exclusive jurisdiction of the courts of Bucharest, Romania. Mandatory consumer protections of your country of residence remain unaffected.
25. Miscellaneous
Assignment. You may not assign these Terms without our prior written consent; we may assign to an affiliate or successor.
Severability. If any provision is unenforceable, the remainder remains in effect.
No Waiver. Failure to enforce is not a waiver.
Force Majeure. We are not liable for delays/failures beyond reasonable control.
Entire Agreement. These Terms (plus the documents in §1) are the entire agreement.
Language. The governing language is English.
Third-Party Beneficiary (Apple). For iOS Apps, Apple is a third-party beneficiary and may enforce these Terms.
Electronic Communications. You consent to receive notices electronically.
Appendix A — White-Label Supplements (Informational)
- Branding & Access Control. Access tiers, plan enrollment, progress tracking, push notifications, on-the-fly AI workouts, and payment integrations may be configured by the Distributor and may vary by App or region.
- Publishing. Apps may be published under Hyperhuman or Distributor store accounts.
- Support. Core technical support is provided by Hyperhuman; community or membership support may be offered by the Distributor.
- Payments. Where payments are collected by the Distributor or app store, their billing/refund policies apply in addition to these Terms.
Appendix B — Data & Privacy Snapshot (Non-exhaustive)
- Personalization. We process goals, preferences, workout history, feedback, and wearable data (if connected) to personalize recommendations and generate on-the-fly workouts.
- Transparency. You can view and manage certain data in your Account. Disconnect wearables any time.
- Retention. We retain data as necessary to provide the Services and as required by law.
By creating an Account or using the Apps, you acknowledge that you have read, understood, and agree to these Terms.
