These Terms of Service (“Terms”) are a binding agreement between you and GET SWOLE LLC, a New Mexico limited liability company (“SWOLE”, “we”, “us”, or “our”), governing your use of the SWOLE mobile application, website at getswole.now, and related services (the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
You must be at least 18 years old to use the Service, and you represent that you are. You may not use the Service if you are barred from doing so under applicable law. You may not upload images of, or information about, any person under 18.
SWOLE provides fitness information, programming, and AI-generated coaching for general informational and educational purposes only. It is not medical advice and is not a substitute for professional medical, health, or fitness advice, diagnosis, or treatment. Always consult a qualified physician or healthcare provider before beginning or changing any exercise program, especially if you have any medical condition or injury.
Exercise involves inherent risks, including the risk of serious injury. You voluntarily assume all risks associated with using the Service and following any program or recommendation it provides. You are solely responsible for exercising within your abilities, using proper form and equipment, and stopping if you feel pain, dizziness, or discomfort. Seek immediate medical attention in an emergency.
The coach uses artificial intelligence to generate programs, recommendations, and responses. AI output can be inaccurate, incomplete, or inappropriate for your situation. Do not rely on it as professional advice, and apply your own judgment. You are responsible for evaluating the suitability and safety of any recommendation before acting on it.
You are responsible for providing accurate information, keeping your credentials secure, and all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.
You agree not to:
You retain ownership of the content you submit (such as images, messages, and workout data). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, and display your content solely to operate, provide, secure, and improve the Service for you, consistent with our Privacy Policy. You represent that you have the rights to the content you submit and that it does not violate these Terms or any law.
Some features may require payment. If we offer paid features, payments are processed by a third-party payment processor, and additional terms (including pricing, billing, auto-renewal, and refund terms, and any app-store rules) will be presented at the point of purchase. Except where required by law or the applicable app store, fees are non-refundable.
The Service, including its software, design, and content (excluding your content), is owned by GET SWOLE LLC and its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use, subject to these Terms.
The Service relies on and may link to third-party services (such as sign-in, hosting, AI, payment, and analytics providers). We are not responsible for third-party services, and your use of them may be subject to their own terms and privacy policies.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Sections that by their nature should survive termination (including Sections 2, 3, 6, and 11–15) will survive.
THE SERVICE 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-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY RECOMMENDATION WILL BE ACCURATE OR SUITABLE FOR YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GET SWOLE LLC AND ITS OWNERS, MEMBERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, OR FOR PERSONAL INJURY ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless GET SWOLE LLC and its owners, members, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service, your content, or your violation of these Terms or any law or rights of a third party.
Please read this section carefully — it affects your legal rights.
Informal resolution first. Before filing a claim, you agree to try to resolve it informally by contacting us at privacy@getswole.now and allowing 30 days to resolve it.
Binding arbitration. Except for small-claims matters and requests for injunctive relief, you and GET SWOLE LLC agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court. The arbitration will be conducted in New Mexico or remotely, and judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver. You and GET SWOLE LLC agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.
30-day opt-out. You may opt out of this arbitration agreement by emailing privacy@getswole.now within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. If you opt out, disputes will be resolved in the courts described below.
These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws rules. Subject to the arbitration provisions above, the state and federal courts located in New Mexico will have exclusive jurisdiction.
We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use of the Service after an update means you accept the revised Terms.
These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service. If any provision is 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.
GET SWOLE LLC
1209 Mountain Road Pl NE, Ste R
Albuquerque, NM 87110
Email: privacy@getswole.now