Terms of Service for The PWR App

Effective Date: September 30, 2025

1. Introduction and Agreement to Terms

Welcome to PWR App! These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "User") and ASVAL ALPHA TECHNOLOGY S.R.L. ("we," "us," or "our"), concerning your access to and use of the PWR App mobile application, the website located at https://www.thepwrapp.com, and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.

We encourage all users under the age of 18 to review these terms with a parent or legal guardian.

2. User Accounts

2.1. Registration

To access the Service, you must register for an account. You may register using your Google or Apple account. In the future, registration via email and password may be offered. You agree to keep your account information accurate, complete, and current.

2.2. User Data and Storage

The PWR App is designed with your privacy in mind.

  • Locally Stored Data: The primary data generated from your use of the app, including but not limited to workout logs, exercises, sets, reps, weight, notes, and body weight ("Workout Data"), is stored in a secure, encrypted database directly on your mobile device. This data does not leave your device and is not accessible by us. Uninstalling the App will permanently delete this local data.

  • Account Data: We only store the basic information necessary to manage your account, such as your name and email address, profile picture (Google only), and user ID, as provided by your sign-in method (Google/Apple).

  • Backup Options: You have the option to back up your Workout Data to your personal storage solutions (e.g., device storage, Google Drive, iCloud). In the future, should we offer a cloud backup service on our servers, your data will be encrypted using a key that only you control.

2.3. Account Deletion

You may delete your account at any time from by following the account and data deletion instructions. This action will permanently delete your account information from our servers. The local Workout Data on your device can be deleted by uninstalling the application.

2.4. Data Loss and Service Availability

We are not responsible for the loss, corruption, or destruction of data stored locally on a User's personal device (e.g., in the event the device is lost, stolen, or damaged).

As the User. you acknowledges and agrees that you are solely responsible for creating and maintaining independent backups of any such locally stored data.

3. Additional Terms for Mobile Applications

The following terms apply if you are using our mobile application (the "App").

3.1. General

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use on a mobile device that you own or control. These Terms are an agreement between you and ASVAL ALPHA TECHNOLOGY S.R.L. only. The mobile application marketplace from which you downloaded the App (e.g., Apple App Store, Google Play Store) is not a party to this agreement and has no obligations with respect to the App.

3.2. Terms for Apple App Store Users

The following terms apply if you access the App from the Apple App Store.

  • Acknowledgement: You and ASVAL ALPHA TECHNOLOGY S.R.L. acknowledge that these Terms are concluded between you and ASVAL ALPHA TECHNOLOGY S.R.L. only, and not with Apple Inc. ("Apple"). ASVAL ALPHA TECHNOLOGY S.R.L., not Apple, is solely responsible for the App and the content thereof. These Terms may not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date.

  • Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

  • Maintenance and Support: ASVAL ALPHA TECHNOLOGY S.R.L. is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You and ASVAL ALPHA TECHNOLOGY S.R.L. acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

  • Warranty: ASVAL ALPHA TECHNOLOGY S.R.L. is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed in the Third-Party Terms of Agreement section. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ASVAL ALPHA TECHNOLOGY S.R.L.

  • Product Claims: You and ASVAL ALPHA TECHNOLOGY S.R.L. acknowledge that ASVAL ALPHA TECHNOLOGY S.R.L., not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

  • Intellectual Property Rights: You and ASVAL ALPHA TECHNOLOGY S.R.L. acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, ASVAL ALPHA TECHNOLOGY S.R.L., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

  • Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App (e.g., you must not be in violation of your wireless data service agreement).

  • Third-Party Beneficiary: You and ASVAL ALPHA TECHNOLOGY S.R.L. acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

3.3. Terms for Google Play Store Users

If you access the App from the Google Play Store, you acknowledge that: (a) these Terms are between you and ASVAL ALPHA TECHNOLOGY S.R.L. only, and not with Google, Inc. ("Google"); (b) your use of the App must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the marketplace where you obtained the App; (d) ASVAL ALPHA TECHNOLOGY S.R.L., and not Google, is solely responsible for the App; and (e) Google has no obligation or liability to you with respect to the App or these Terms.

4. Subscriptions and Payments

4.1. Service Tiers

As of the Effective Date of these Terms, the App is available to all users free of charge.

Users have the option to voluntarily purchase a monthly subscription to the Early Supporter package. This package constitutes an optional, recurring contribution and is not required for continued access to the Application.

4.2. Payments and Billing

Subscriptions are managed and billed exclusively through the Apple App Store and Google Play Store ("App Stores"). All purchases are subject to the terms and conditions of the respective App Store.

4.3. Subscription Downgrade

If your subscription payment fails or is canceled, we will automatically stop the recurring payment at the end of your current billing cycle. Your access to the service will continue without interruption, and you will not lose any of your locally stored Workout Data.

4.4. Refunds

All refund requests are subject to the refund policy of the App Store from which you made the purchase. Please consult your App Store's terms for information on how to request a refund. We do not offer free trials at this time.

5. Intellectual Property Rights

The Service is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks"), including the App name and logo, are owned or controlled by us or licensed to us.

They are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Romania, the European Union, and international conventions.

Except as expressly provided in these Terms, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

6. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. As a user of the Service, you agree not to:

Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the app.

Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.

Use the Service in a manner inconsistent with any applicable laws or regulations.

7. Third-Party Links

The Service may contain links to other websites ("Third-Party Websites") as well as articles, advertisements, and other content originating from third parties.

We are not responsible for the accuracy, content, or opinions expressed in Third-Party Websites, and we do not investigate, monitor, or check them for accuracy or completeness. Your purchase and use of products or services from third parties are at your own risk and are subject to the terms and conditions of that third party.

8. Disclaimers and Limitation of Liability

8.1. IMPORTANT MEDICAL AND FITNESS DISCLAIMER

The Service provides fitness, nutrition, and supplement information for educational and informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before undertaking any new fitness, nutrition, or supplement regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on the Service.

We are not a licensed medical care provider, and we have no expertise in diagnosing, examining, or treating medical conditions of any kind.

8.2. Accuracy Disclaimer

While we strive for accuracy, the information provided through the Service is on an "as-is" and "as-available" basis. We make no warranties, expressed or implied, regarding the accuracy, reliability, or completeness of the Content. This includes, but is not limited to:

  • Calorie burn estimations

  • Muscle activation data and visuals

  • Exercise descriptions, instructions, and cues

  • General statistics and advice

You acknowledge that any reliance on such information will be at your own risk.

8.3. Limitation of Liability

To the fullest extent permitted by law, in no event will ASVAL ALPHA TECHNOLOGY S.R.L., its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Service, even if we have been advised of the possibility of such damages.

9. Age Restrictions

The Service is intended for users who are at least 13 years of age. By using the Service, you represent and warrant that you are at least 13 years old. If you are a minor (i.e., under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Service, and your parent or guardian must have read and agreed to these Terms prior to you using the Service.

10. Term and Termination

These Terms shall remain in full force and effect while you use the Service. You may terminate your use at any time by deleting your account. We reserve the right to change, modify, or remove the contents of these Terms at any time or for any reason at our sole discretion.

Your continued use of the Service after the date such revised Terms are posted will be deemed to be an acceptance of the changes.

We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain IP addresses), to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Service or delete your account without warning, at our sole discretion.

11. Governing Law and Dispute Resolution

These Terms and your use of the Service are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles.

To expedite resolution and control the cost of any dispute, you and ASVAL ALPHA TECHNOLOGY S.R.L. agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any legal action. Such informal negotiations commence upon written notice from one party to the other. You may send your notice to hello@thepwrapp.com.

If the parties are unable to resolve a dispute through informal negotiations, any legal action shall be brought exclusively in the competent courts located in Bucharest, Romania. The parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

12. Contact Us

To resolve a complaint regarding the Service or to receive further information regarding the use of the Service, please contact us at:

ASVAL ALPHA TECHNOLOGY S.R.L.

Email: hello@thepwrapp.com

Website: https://www.thepwrapp.com