Perside Terms of Use

1. What Perside is, and what it is not

Perside generates strength-training programs for fixed-weight implements such as steel maces, heavy clubs, and kettlebells, and logs your completed sessions. The programming engine is deterministic software: it computes sets, reps, and weights from the information you give it. It does not know you, cannot see you, and exercises no judgment.

Perside is not a medical device, a medical service, or a substitute for a coach who can watch you move. Nothing in the app is medical advice, physical therapy, or a diagnosis, and using Perside does not create any provider-patient relationship.

2. YOU ASSUME THE RISK. READ THIS SECTION CAREFULLY.

Strength training with maces, clubs, and kettlebells carries a real risk of injury, including serious injury. These implements involve ballistic, rotational, and overhead movement. Loads that are safe with good technique can be dangerous with poor technique, and Perside cannot observe your technique, your fatigue, your surroundings, or your health. The numbers it prescribes are computed from data you entered. They are a starting point, not a clinical judgment.

By using Perside you agree that:

• You are solely responsible for deciding whether to attempt any prescribed weight, movement, or rep count. If a prescription feels wrong, do not attempt it. When in doubt, use less weight.
• You will stop immediately if you feel pain, dizziness, unusual shortness of breath, or anything else that feels wrong, and seek medical attention if needed.
• You should consult a physician before starting, especially if you are pregnant, injured, recovering from injury, over 40, new to training, or have any heart, joint, or other medical condition.
• You are responsible for your equipment, your training space, and the people and property around you while you swing weighted implements.
• You voluntarily accept all risks of using Perside and of performing any exercise it suggests, to the fullest extent permitted by law.

If you cannot accept these risks, do not use Perside.

3. Eligibility

You must be at least 18 years old to use Perside.

4. Your account

You sign in with a one-time link sent to your email address. There is no password. This means anyone with access to your email inbox can access your Perside account. Keep your email account secure. You are responsible for activity that happens through sign-in links sent to your address. Tell me at support@getperside.com if you believe your account has been accessed without your permission.

5. Acceptable use

Do not: use Perside to break the law; probe, overload, or interfere with the service or its sign-in system; attempt to access another person's data; scrape the service; or reverse engineer it except where the law gives you that right regardless of contract. I may suspend or terminate accounts that do these things.

6. Your content

Program names and session notes you write belong to you. You give me permission to store and process them for one purpose only: operating Perside for you. As explained in the Privacy Policy, please keep medical information out of your notes.

7. My content

The Perside software, design, name, and everything in the app other than your own content belong to me or my licensors. These Terms give you a personal, non-transferable right to use the app, and nothing more.

8. The service can change or end

Perside is run by one person and offered free of charge today. I may change, suspend, or discontinue features or the whole service. If I discontinue the service, I will make reasonable efforts to give you notice and a chance to request your data first. You can stop using Perside, and request deletion of your data, at any time.

9. Disclaimer of warranties

PERSIDE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-interruption. I do not warrant that prescriptions are appropriate for you, that the service will be error-free or uninterrupted, or that data will never be lost. Keep your own records of anything you cannot afford to lose. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

10. Limitation of liability

To the fullest extent permitted by law:

• I am not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost data, lost profits, or the cost of substitute services, arising out of or related to Perside, under any legal theory, even if advised of the possibility.
• My total liability for all claims relating to Perside is limited to the greater of fifty US dollars (US $50) or the amount you paid me for Perside in the twelve months before the claim arose.
• Perside is not liable for injuries arising from your decision to perform any exercise, with any load, in any circumstances. That decision is yours alone, as Section 2 explains.

Some jurisdictions do not allow limits on certain damages, including liability for personal injury caused by negligence in consumer contracts. In those places these limits apply only to the extent the law allows, and nothing in these Terms excludes any liability that cannot lawfully be excluded, including liability for gross negligence, willful misconduct, or fraud.

11. Indemnity

If your violation of these Terms or of the law causes a third party to bring a claim against me, you agree to cover the reasonable costs and damages arising from that claim. This section does not apply to claims arising from my own breach of these Terms.

12. Termination

You may stop using Perside at any time and may request account deletion under the Privacy Policy. I may suspend or terminate your access if you violate these Terms, with notice where practicable. Sections 2, 6, 7, and 9 through 15 survive termination.

13. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict-of-law rules. Before filing any claim, you agree to email support@getperside.com and give me 30 days to try to resolve the problem informally. Any claim that cannot be resolved informally must be brought in the state or federal courts covering Chester County, Pennsylvania, and both of us consent to those courts, except that you may bring an eligible claim in small claims court where you live. If you are a consumer, nothing in this section takes away protections that the mandatory consumer law of your home jurisdiction gives you.

14. Changes to these Terms

If I change these Terms in a way that matters, I will update the date above and give notice in the app or by email. Continuing to use Perside after a change takes effect means you accept the new Terms. If you do not accept them, stop using the service and I will delete your data on request.

15. Miscellaneous

If part of these Terms is found unenforceable, the rest remains in effect. My not enforcing a provision is not a waiver of it. You may not assign these Terms; I may assign them in connection with a transfer of the service, and your rights under them will be preserved. These Terms and the Privacy Policy are the entire agreement between us about Perside.

16. Contact

William Ye, doing business as PerSide
Pennsylvania, United States
support@getperside.com