Highlights (for convenience only)
- •Pulse offers fitness coaching, collaboration tools, and assistant-supported insights. By using the Services you agree to these legally binding Terms.
- •Subscriptions purchased in-app renew automatically through Stripe until cancelled. You can manage or cancel Stripe billing in-app at any time before the renewal date.
- •Pulse is not a medical service. Consult qualified healthcare professionals before acting on training, nutrition, or recovery suggestions.
- •Automated and assistant-generated content may contain errors. You are responsible for verifying outputs before relying on them.
- •Most disputes will be resolved through informal discussions, then arbitration on an individual basis, with a small-claims court option if eligible.
1. Definitions
In these Terms, "Pulse," "we," "us," and "our" refer to Progressive Performance Personal Training LLC and its affiliates. "Services" means the Pulse web and mobile applications, APIs, coaching programs, analytics dashboards, and related offerings. "User" or "you" refers to anyone who accesses or uses the Services. "Coach" refers to an individual granted elevated access to provide training or feedback. "Content" covers all materials made available through the Services. "Subscription" refers to paid access plans. "Assistant Features" means tools that leverage third-party language models from providers such as OpenAI for insights or automations. "Coaching Client" means a User who receives paid, customised coaching services from Progressive Performance Personal Training LLC (whether purchased through Stripe within Pulse or paid through an invoice or other approved payment channel). "Coaching Services" means those paid services described in Section 24. "Coaching Fees" means the fees for Coaching Services.
2. Acceptance & Eligibility
By accessing or using the Services you agree to these Terms, our Privacy Policy, and any supplemental policies we provide. If you do not agree, do not use the Services.
You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract. If you access the Services on behalf of a company, organisation, or other entity, you represent that you have authority to bind that entity and references to "you" include that entity.
You are responsible for complying with all laws, rules, and regulations that apply to your use of the Services.
3. Account registration & security
You must maintain accurate account information and update it promptly if it changes. Accounts are provisioned through Clerk authentication; keep credentials, recovery codes, and devices secure.
You are responsible for all activity that occurs under your credentials. Notify us immediately at admin@progressiveperformancep2.com if you suspect unauthorised access. We may suspend or require password resets to protect you and the platform.
Organisation administrators and coaches may have access to information about the users they manage. They must also comply with these Terms.
4. Subscriptions, billing & refunds
Access to certain Services requires either a paid Subscription (typically billed through Stripe) or paid Coaching Fees (which may be billed through Stripe or invoiced and paid through other approved payment processors or channels). Prices, features, and limits may vary and will be disclosed at the point of purchase or on the invoice. Taxes or currency conversion fees may apply.
- Auto-renewal. Subscriptions renew automatically at the end of each billing period unless cancelled. Cancel at least 24 hours before renewal to avoid future charges.
- Billing authorisation. By submitting a payment method you authorise us and Stripe to charge applicable fees. You agree to keep your payment information current.
- Changes & trials. We may modify pricing with at least 30 days' notice. Trial periods, promotions, or add-ons will convert to paid plans if not cancelled before the stated deadline.
- Refunds. Except where required by law, fees are non-refundable once the current period begins. If you believe you were billed in error, contact support within 30 days and we will review the request in good faith.
- Chargebacks. Chargebacks or payment disputes may result in immediate suspension until resolved.
- Coaching Fees (Coaching Clients). Coaching Fees may be billed monthly or paid in full as stated on your invoice or checkout. Unless required by law, Coaching Fees are non-refundable and include a non-refundable, non-transferable retainer (see Section 24). Stripe billing can be managed in-app; off-platform invoices must be managed through the channel stated on the invoice.
If we cannot collect payment, we may downgrade, suspend, or terminate access until amounts are paid. Unpaid amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law.
5. Health & safety notice
Important – not medical advice
The Services are designed for wellness, fitness, and lifestyle support only. They do not provide medical, nutritional, or mental-health diagnosis or treatment. Always seek the advice of a physician or other qualified healthcare provider before starting or changing any exercise, nutrition, or wellness program. Never disregard professional medical advice because of something you read in Pulse.
If you experience dizziness, pain, shortness of breath, or any emergency, stop using the Services and contact emergency services immediately.
5A. Mental Health Scope & emergency disclaimer
The Services may include mindset, behaviour-change, wellness, or similar coaching content, reflective exercises, educational materials, and check-ins. These are educational and supportive only.
The Services are not psychotherapy, clinical mental health treatment, medical care, or crisis intervention, and are not intended to diagnose, treat, prevent, or cure any mental health condition. Use of the Services does not create a therapist–client or doctor–patient relationship.
We are not an emergency resource. If you are in crisis or at risk of harming yourself or others, call 911 (or your local emergency number) or go to the nearest emergency department.
6. Service availability & modifications
We continually improve the Services and may add, change, or remove features. We may offer beta or preview features that are identified as such and provided "as is." We may suspend or terminate any feature with reasonable notice when practicable.
Scheduled maintenance, security updates, or events outside our control (including outages of third-party providers) may affect availability. We are not liable for delays or failures caused by circumstances beyond our reasonable control.
7. Acceptable use
- Do not harass, threaten, or harm others or encourage self-harm.
- Do not upload unlawful, infringing, defamatory, or deceptive content.
- Do not attempt to gain unauthorised access, probe, or disrupt the Services.
- Do not scrape, harvest, or use automation outside documented APIs.
- Do not misuse Assistant Features (e.g., to generate disallowed content or violate third-party policies).
- Do not resell, sublicence, or publicly distribute the Services without written permission.
8. User content
You retain ownership of User Content you submit. By uploading or creating User Content, you grant Pulse a worldwide, royalty-free, non-exclusive licence (with the right to sublicense to our service providers) to host, store, process, transmit, display, and modify it as needed to operate and improve the Services. This licence ends when your content is deleted from our systems, subject to reasonable backup retention.
You represent that you have all rights necessary to upload the content and that it does not infringe third-party rights or include personal data of others without consent. Coaches must keep client information confidential except as authorised by the client or required by law.
Deleting content will remove it from active production systems within a reasonable period; residual copies may persist in backups subject to standard retention cycles.
9. Assistant features & content accuracy
Assistant Features leverage third-party models from OpenAI, Anthropic, and Google (via OpenRouter). We provide prompts containing the minimum necessary context and implement guardrails, but assistant outputs may be imprecise, incomplete, or reflect biases. You agree to review outputs carefully and use your judgement before relying on them.
We may monitor assistant interactions to improve safety and performance. Do not submit confidential or sensitive information unless necessary for the requested functionality.
Coaches' use of assistants. Coaches and authorised organisation staff may use Assistant Features to assist with program design, data analysis, and communications. assistant outputs are suggestions and do not replace professional judgement. Coaches remain responsible for reviewing and validating outputs before sharing. By using the Services, you consent to our and your coach's use of Assistant Features to process your data for coaching purposes, subject to the Privacy Policy and Section 12 (Confidentiality).
10. Intellectual property & feedback
We and our licensors own the Services, including all software, code, graphics, training content, and trademarks. We grant you a limited, revocable, non-transferable licence to use the Services for your personal or authorised organisational use. Except where permitted by law, you may not reverse engineer, decompile, disassemble, or create derivative works from the Services.
If you submit ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, royalty-free licence to use them for any purpose without obligation to you.
11. Third-party services & integrations
The Services may link to or integrate with third-party offerings, including Stripe, Clerk, Supabase, OpenAI, Anthropic, Google, Mailgun, and wearable integrations such as Google Fit. Third-party terms and privacy policies govern your use of those services. We are not responsible for third-party content or actions.
If you authorise us to connect with a third party, you permit us to exchange data as necessary to enable the integration. You can revoke access at any time through the integration settings where available.
12. Confidentiality
Coaches, administrators, and users with access to another individual's information must protect that information, use it only for permitted purposes within the Services, and comply with applicable privacy laws and agreements. You may not disclose another user's information without consent unless required by law.
13. Privacy & data protection
Our collection and use of personal data are described in the Privacy Policy. By using the Services you consent to the processing described there.
14. Termination & suspension
You may stop using the Services at any time and, if applicable, cancel your Subscription. We may suspend or terminate access immediately if you breach these Terms, fail to pay fees, or create risks for other users. We will make reasonable efforts to notify you via email or in-app notice.
Upon termination, your licence to use the Services ends, but Sections 8–20 (and any other provisions intended to survive) will remain in effect. We may provide a limited window to export data if required by law.
15. Disclaimers
THE SERVICES, INCLUDING ASSISTANT FEATURES AND THIRD-PARTY CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC FITNESS OUTCOMES OR THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
We do not control third-party content or networks and are not responsible for their availability or accuracy.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) USD $100. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED BY LAW (SUCH AS FOR PERSONAL INJURY OR FRAUD IN CERTAIN JURISDICTIONS).
17. Indemnification
You agree to defend, indemnify, and hold harmless Pulse, our affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your User Content, or your violation of these Terms or applicable law. We reserve the right to assume control of the defence of any matter subject to indemnification at your expense.
18. Dispute resolution
Before filing a claim, you and Pulse agree to try to resolve the dispute informally. Send a written notice that includes your name, contact information, a brief description of the dispute, and the relief sought to admin@progressiveperformancep2.com. If the dispute is not resolved within 30 days, either party may initiate arbitration.
Except for disputes that qualify for small-claims court, any dispute arising from or relating to these Terms or the Services will be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in Franklin County, Ohio, or remotely if both parties agree. The arbitrator will have exclusive authority to resolve all disputes, including enforceability of this Section, except that either party may seek injunctive relief in court for intellectual-property infringement or misuse of confidential information.
The arbitrator may award individual relief consistent with these Terms, but may not conduct class or representative proceedings. YOU AND PULSE WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. The AAA rules govern payment of arbitration fees; if the arbitrator finds your claim non-frivolous, we will reimburse filing fees in accordance with the rules. You may opt out of arbitration within 30 days of first accepting these Terms by sending a written notice to the contact address below; if you opt out, disputes will be resolved exclusively in the courts described in Section 19.
19. Governing law
These Terms are governed by the laws of the State of Ohio and the United States, without regard to conflict-of-laws principles. Subject to the arbitration clause above, the exclusive venue for litigation will be the state or federal courts located in Franklin County, Ohio, and you consent to their jurisdiction.
20. General terms
- Severability. If any provision is held invalid, the remaining provisions remain in full effect.
- Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond their reasonable control.
- Export controls. You must comply with applicable export and sanctions laws when using the Services.
- Notices. We may send notices by email, in-app messaging, or posting within the Services. You may send notices to the contact details below.
- No waiver. Failure to enforce a provision is not a waiver of our right to do so later.
- Entire agreement. These Terms and referenced policies constitute the entire agreement between you and Pulse regarding the Services.
- Headings. Headings are for convenience only and do not affect interpretation.
21. Changes to these Terms
We may update these Terms to reflect changes in our Services or legal requirements. When changes are material, we will provide at least 30 days' notice via email or in-app messages. Continued use after the effective date constitutes acceptance of the updated Terms.
22. Contact
Email: admin@progressiveperformancep2.com
Progressive Performance Personal Training LLC
2110 Dry Ridge Rd, Grove City, Ohio, 43123
23. Coach–Client relationship
- Scope. Coaches provide fitness coaching and educational guidance only. They do not provide medical, nutritional, or mental-health diagnosis or treatment. See Section 5 (Health & safety notice).
- Client responsibilities. You agree to provide accurate, up-to-date information about your health, injuries, medications, and restrictions; consult qualified healthcare professionals as needed; and use your judgement in following any plan. You may accept or decline any recommendation.
- Use of assistants by coaches. Coaches may use Assistant Features to assist with programming, analysis, and communications. assistant outputs are suggestions and do not replace professional judgement. See Section 9.
- Access & confidentiality. Coaches and organisation administrators may access the minimum necessary information to deliver coaching. They must comply with these Terms, Section 12 (Confidentiality), and our Privacy Policy.
- Independent providers. Coaches may be independent providers or representatives of an organisation. Pulse does not guarantee results and is not responsible for any commitments made by a coach outside the Services.
- Communication & emergencies. Communications may occur in-app or by other approved channels. Response times are not guaranteed unless you are a Coaching Client, in which case Section 24 (Coaching Services Addendum) applies. The Services are not for emergencies; call your local emergency number if needed.
- No guaranteed outcomes. Fitness results vary. See Sections 15–16 (Disclaimers; Limitation of liability).
24. Coaching Services Addendum (Coaching Clients Only)
This Section 24 applies only if you are a Coaching Client. It is intended to replace and consolidate separate coaching client agreements. If there is a conflict between this Section 24 and any other part of these Terms, this Section 24 controls for Coaching Services.
24.1 Scope of Coaching Services. We provide training and/or nutrition programming, guidance, and recommendations tailored to your goals and needs. Coaching Services are provided virtually. Coaching may include regularly scheduled check-ins to review progress and set protocol for the upcoming period. Check-ins may require you to submit documentation and/or uploads such as progress pictures, posing videos, training videos, and other materials reasonably requested for coaching.
24.2 Communication & availability. Our primary coaching communication channel is email. We are generally available to provide Coaching Services between 7:00 a.m. and 7:00 p.m. (Company local time) Monday through Friday, excluding holidays and announced time off. We aim to respond within seventy-two (72) hours during business hours, including document reviews. You acknowledge that we may take holidays and vacations; we will provide notice when practicable and work with you to schedule around time off.
24.3 Term; renewal. Coaching Services are provided for the initial term stated at purchase, onboarding, or on your invoice. After the initial term is satisfied, Coaching Services automatically renew on a month-to-month basis unless cancelled as described below.
24.4 Coaching Fees; invoices; non-refundable retainer. Coaching Fees and billing cadence (monthly or paid-in-full) are stated at purchase or on your invoice. If you elect a monthly plan, the first month’s payment is a non-refundable, non-transferable retainer. If you pay in full, that full amount is a non-refundable, non-transferable retainer. We will not begin providing Coaching Services until the full fee or the first monthly payment has been successfully processed. If a monthly plan is elected, the final payment is due thirty (30) days before the end date of the initial term.
24.5 Payment timing; extensions; non-payment. Unless otherwise stated on an invoice, payments are due on or within five (5) calendar days of the invoice due date. You may request an extension by providing at least seven (7) calendar days written notice by email. If payment is not received within five (5) calendar days after the due date, the Coaching Services will be considered terminated by you, and we may suspend access and pursue collection of outstanding balances as permitted by law.
24.6 Refunds. Except where required by law, no portion of Coaching Fees (including retainers) will be owed or refunded for any cancellation or termination by you. If we cancel under Section 24.9, we will issue a refund or credit as described there.
24.7 Cancellation (“Cancellation Form”). To cancel Coaching Services, you must submit a written cancellation request by email (the “Cancellation Form”) to admin@progressiveperformancep2.com with the subject line “Coaching Cancellation Request” and include: (i) your full name, (ii) the email tied to your Pulse account, (iii) the date you want cancellation to be effective, and (iv) a statement that you are requesting cancellation of Coaching Services. Cancellation requires thirty (30) calendar days written notice.
24.8 Early termination during the initial term. If you cancel during your initial contracted term, you must provide thirty (30) days written notice via the Cancellation Form. No refunds will be issued for payments already collected (including paid-in-full amounts). If your account has an outstanding balance at the time you submit notice, you agree to pay 50% of the remaining balance. We reserve the right to collect any outstanding and unpaid balance.
24.9 Cancellation by Company. If we determine, in our sole discretion, that we cannot or will not perform Coaching Services due to circumstances including injury, illness, pregnancy, family emergency, military orders, religious obligations, or other personal emergencies, we will: (i) give notice to you, (ii) issue a refund or credit based on a reasonably accurate percentage of Coaching Services rendered, and (iii) excuse you from any further performance and/or payment obligations for future periods.
24.10 Termination for breach. We may terminate Coaching Services if you materially breach these Terms, fail to remit payment as described above, or fail to comply with coaching suggestions without reaching an agreeable alternative solution.
24.11 Intellectual property; permitted use. All coaching services, documents, messages, programs, templates, digital files, and other work we create in connection with Coaching Services are our exclusive property (and/or the property of our licensors) and are protected by United States copyright laws. You may use these materials only for your personal implementation. You may not copy, distribute, publish, sell, sublicense, or create derivative works from them without our prior written consent.
24.12 Confidentiality. You agree not to disclose our Confidential Information (including pricing, methods, materials, strategies, templates, and other non-public business information) to any third party, or use it except as necessary to receive and implement Coaching Services. We will not sell your personal information. Your health-related information may be accessed by your coach and authorised staff and may be processed by our service providers (including hosting, analytics, email, billing, and model providers such as OpenAI) to provide the Services, as described in our Privacy Policy.
24.13 No guarantees; reasonable expectations. Results vary and we make no guarantees about outcomes. Coaching is a subjective service; you are responsible for your own results and decisions, including seeking appropriate licensed professionals when needs exceed the scope of Coaching Services.
24.14 Photo/video release (mandatory for Coaching Clients). You grant us permission to photograph you and to use any photographs, videos, and other media you provide or that we capture in connection with Coaching Services (in whole or in part) for our business purposes including advertising, marketing, education, and promotional use, in any medium now known or later developed, worldwide, without restriction. We will not use your name or other identifying details for advertising, press releases, announcements, or other promotional purposes without your prior written consent. You release us from claims of liability relating to such use. This permission and release is intended to be irrevocable and binding upon your successors, legal representatives, and assigns, and to accrue to the benefit of our successors, legal representatives, and assigns.
24.15 Independent contractor relationship. We provide Coaching Services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency relationship, or employment relationship between you and us.
24.16 Non-disparagement. You agree that, during Coaching Services and thereafter, you will use reasonable good-faith efforts to refrain from making false, negative, critical, or disparaging statements about us, our staff, or our services, except where required by law or a lawful order.
24.17 Dispute resolution (mediation; arbitration). For disputes arising out of Coaching Services, the parties agree to attempt to resolve disputes first by good-faith informal discussion, then by mediation. If mediation is unsuccessful, disputes will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Franklin County, Ohio (or remotely by agreement). For Coaching Services disputes, any arbitration opt-out described elsewhere in these Terms does not apply.
24.18 Limitation of damages (Coaching Services). The sole remedy for any actions or claims relating to Coaching Services is limited to an amount not to exceed the total Coaching Fees paid by you under these Terms for Coaching Services. Except where prohibited by law, neither party is liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages.
24.19 Indemnification (Coaching Services). To the maximum extent permitted by law, you will indemnify, defend, and hold harmless us, our affiliates, officers, employees, and agents from and against losses, damages, claims, fines, penalties, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) injuries or damages in any way arising out of or alleged to have been caused by Coaching Services, (b) your breach of these Terms, (c) your negligence or willful misconduct, or (d) security breaches of third-party entities.
24.20 Force majeure (Coaching Services). If a Force Majeure event prevents either party from performing Coaching Services obligations (other than payment obligations), the impacted party will provide notice within ten (10) calendar days when practicable. If the failure or delay remains uncured for thirty (30) calendar days after notice, either party may terminate Coaching Services upon notice. Coaching Fees paid up to the date of notice are non-refundable, and if you are the impacted party, any termination fees described in Section 24.8 still apply to the extent permitted by law.
24.21 Notices (Coaching Services). For Coaching Services, notices from you to us must be sent by email to admin@progressiveperformancep2.com. Notices from us to you may be sent to the email address associated with your Pulse account.
24.22 Counterparts; electronic signatures. You agree that electronic acceptance of these Terms (including by checking a box, clicking “I agree,” or similar) has the same effect as signing a written agreement.