Hercules Terms & Conditions

Updated July 1, 2026

Please read these Terms & Conditions carefully. They contain important information about your legal rights, remedies, and obligations, including limitations of liability, a disclaimer that Hercules does not provide medical advice, and a Dispute Resolution section (Section 15) that requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action, unless you opt out as described.

These Terms & Conditions ("Terms") are a binding agreement between you and Hercules Fitness, LLC, a California limited liability company ("Hercules," "we," "us," or "our"). These Terms govern your access to and use of the Hercules mobile application, our website at joinhercules.fit, and all related products, features, content, and services we provide (together, the "Services").

By downloading, accessing, or using the Services, or by creating an account, you agree to these Terms and to our Privacy Policy and Cookie Policy, which are incorporated by reference. If you do not agree to these Terms, do not access or use the Services.

1. Who we are and what these Terms cover

Hercules is a personal fitness application that helps you plan, track, and review your training. The Services are made available for your personal, non-commercial use only.

We may also offer additional terms for specific features, promotions, or programs (for example, a referral program or a separate agreement for creators and partners). Where additional terms apply, they are in addition to these Terms, and they control if there is a direct conflict for that feature.

The Services are intended for users in the United States. We make no representation that the Services are appropriate or available for use in other locations. If you access the Services from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

2. Eligibility and age

The Services are intended only for people who are at least 18 years old.

  • By accessing or using the Services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into a binding contract.
  • The Services are not directed to, and may not be used by, anyone under 18. We do not knowingly permit anyone under 18 to create an account, use the Services, or make a purchase.
  • If we learn that someone under 18 has used the Services or provided us information, we may suspend or terminate the account and delete the associated information.

We may refuse, suspend, or terminate access for any user who does not meet these requirements, in our discretion.

3. Your account and security

To use most features, you must create an account. We currently use phone-number sign-in (provided through Google Firebase Authentication). By creating an account, you agree to:

  • provide accurate, current, and complete information, and keep it up to date;
  • maintain only one account for your personal use, and not share your account or subscription;
  • keep your phone number, device, and any verification codes secure, and prevent unauthorized access; and
  • accept responsibility for all activity that occurs under your account or through your device.

You must notify us promptly at support@joinhercules.fit if you suspect any unauthorized access to or use of your account. We are not liable for any loss arising from unauthorized use of your account.

4. License to use the Services

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services on a device you own or control, solely for your personal, non-commercial use. All rights not expressly granted are reserved by Hercules and its licensors.

5. Acceptable use and restrictions

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:

  1. copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Services;
  2. reverse engineer, decompile, or disassemble any part of the Services, except where this restriction is prohibited by applicable law;
  3. remove, obscure, or alter any copyright, trademark, or other proprietary notices;
  4. use any robot, scraper, crawler, script, or other automated means to access, collect, or index any part of the Services, or otherwise burden or interfere with the Services;
  5. attempt to gain unauthorized access to the Services or to any related systems, networks, or data;
  6. use the Services to transmit anything unlawful, harmful, or that infringes the rights of others; or
  7. use the Services for any commercial, business, or resale purpose without our prior written consent.

We may investigate and take appropriate action against anyone who, in our discretion, violates these Terms, including removing content, suspending or terminating accounts, and reporting to authorities.

6. Subscriptions, fees, and billing

Some features of the Services require a paid subscription. By purchasing a subscription, you agree to the pricing and billing terms presented to you at the time of purchase, plus any applicable taxes.

6.1 How you can purchase

You may purchase a subscription through:

  • our website, processed by our third-party payment processor, Stripe; and/or
  • in-app purchase through the Apple App Store or Google Play.

The rules that apply to your subscription — including billing, renewal, cancellation, and refunds — depend on where you purchased. Purchases made through an app store are also governed by that store's terms, and are billed and managed by Apple or Google, not by Hercules.

6.2 Plans and prices

We currently offer monthly and annual subscription plans for a single tier of access. We may add, change, or discontinue plans, features, or prices at any time. Any price change will apply to your next billing period after we give you reasonable advance notice, as required by applicable law.

6.3 Free trials

We may offer a free trial (by default, 30 days; the length may differ if a promotional or creator code applies). Unless you cancel before the trial ends, your subscription will automatically begin and you will be charged the applicable fee at the end of the trial. To avoid being charged, you must cancel before the trial period ends, using the cancellation method for your purchase channel (see Section 6.6). Free trials cannot be combined with other offers unless we say otherwise.

6.4 Auto-renewal

Your subscription automatically renews at the end of each billing period (monthly or annual) at the then-current price, using your selected payment method, until you cancel. By subscribing, you authorize us (or the applicable app store) to charge the recurring fee for each renewal period until you cancel.

6.5 Promotional, creator, and referral codes

We may offer promotional, creator, or referral codes that change the price, trial length, or other terms of a subscription. These codes are subject to any additional terms presented with them, may be limited in time or quantity, have no cash value, and may be modified or discontinued at any time.

6.6 Cancellation

You can cancel at any time:

  • Website / Stripe purchases: through the Stripe customer portal or the cancellation option in the app.
  • App store purchases: through your Apple App Store or Google Play account settings.

Cancellation takes effect at the end of your current billing period. You will retain access to paid features until then, and you will not be charged for the following period.

6.7 Refunds

Except where required by applicable law, subscription fees are non-refundable, and we do not provide refunds or credits for partial periods, unused time, or features you did not use.

  • For website / Stripe purchases, this no-refund policy applies except where a non-waivable legal right (such as a statutory cooling-off or consumer right) requires otherwise.
  • For app store purchases, refunds are handled solely by Apple or Google under their policies. We do not control and cannot issue those refunds.

7. Your content and feedback

7.1 Your content

The Services let you create and store personal information such as workout notes and custom templates ("Your Content"). You retain ownership of Your Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and use Your Content solely as needed to operate, provide, secure, and improve the Services for you, and as described in our Privacy Policy.

You represent that you have the rights necessary to provide Your Content and that it does not violate any law or the rights of any third party.

7.2 Feedback

If you send us suggestions, ideas, or other feedback about the Services ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use that Feedback for any purpose without obligation or compensation to you. Please do not send us Feedback if you do not want to grant this license.

8. Intellectual property and trademarks

The Services, including all software, text, graphics, designs, and other content we provide (other than Your Content), are owned by Hercules or our licensors and are protected by intellectual property and other laws. Except for the limited license in Section 4, these Terms do not grant you any right in or to the Services.

"Hercules"™, the Hercules logo, and our other names and logos are trademarks of Hercules. You may not use them without our prior written permission. Other names and logos appearing in the Services are the property of their respective owners.

9. Third-party services and integrations

The Services rely on, and may let you connect to, third-party services that we do not control, including:

  • Stripe (payment processing);
  • Google Firebase (authentication and backend infrastructure);
  • the Apple App Store and Google Play (distribution and in-app purchases); and
  • health platforms such as Apple Health (HealthKit) and Google Fit, if you choose to connect them.

Your use of any third-party service is governed by that third party's terms and privacy policies. We are not responsible for third-party services, and connecting them is at your own discretion. If you connect a health platform, you authorize us to access and use the data you choose to share solely to provide the Services, as described in our Privacy Policy, and consistent with the applicable platform's requirements.

Apple-specific terms. If you use the app on an Apple device, you acknowledge that these Terms are between you and Hercules only, not Apple, and that Apple is not responsible for the app or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You agree to comply with all applicable third-party terms (for example, the Apple Media Services Terms) when using the app.

10. Health and safety — no medical advice

Hercules does not provide medical, healthcare, or professional fitness advice, and we are not a substitute for a physician, trainer, or other qualified professional. The Services are provided for general informational and self-tracking purposes only.

  • Consult a physician or qualified health professional before starting, changing, or stopping any exercise program, especially if you have a medical condition, are pregnant, or have any concern about your ability to exercise safely.
  • Exercise carries inherent risks, including serious injury. You participate in all physical activity entirely at your own risk, and you are solely responsible for your own safety and for any injury, loss, or damage that results.
  • Information provided through the Services (including any plans, recommendations, metrics, or educational content) is not medical advice and should never be used to diagnose or treat any condition or relied upon in place of professional advice.
  • Stop exercising and seek medical attention if you experience pain, dizziness, or discomfort.

Using the Services does not create a doctor-patient, trainer-client, or other professional relationship between you and Hercules.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HERCULES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DATA OR RESULTS WILL BE ACCURATE OR RELIABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS SECTION DOES NOT LIMIT ANY NON-WAIVABLE WARRANTY OR CONSUMER RIGHT YOU HAVE UNDER APPLICABLE LAW.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERCULES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR PERSONAL INJURY, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) THE TOTAL AMOUNT YOU PAID TO HERCULES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to indemnify and hold harmless Hercules and its affiliates, officers, employees, agents, and licensors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms or applicable law; or (d) your violation of the rights of any third party. This indemnity applies to the fullest extent permitted by law.

14. Suspension and termination

You may stop using the Services and delete your account at any time.

We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe you have violated these Terms, to comply with law or a government request, for security or technical reasons, for extended inactivity, for non-payment, or if we discontinue the Services.

On termination, your right to use the Services ends and we may delete your account and associated content, subject to our Privacy Policy and applicable law. Sections that by their nature should survive termination will survive, including Sections 7, 8, 10, 11, 12, 13, 15, and 16.

15. Dispute resolution — arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

15.1 Informal resolution first

Before starting an arbitration, you and Hercules agree to try to resolve any dispute informally by contacting support@joinhercules.fit. If we cannot resolve it within 60 days, either party may begin arbitration as described below.

15.2 Agreement to arbitrate

Except as set out below, you and Hercules agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, and not in court, except that either party may bring a claim in small-claims court if it qualifies.

15.3 Arbitration rules and forum

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will take place in San Francisco, California, or another mutually agreed location, or be conducted by video or based on written submissions where the rules allow. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

15.4 Class-action and jury-trial waiver

You and Hercules agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. You and Hercules waive any right to a jury trial. If this class-action waiver is found unenforceable, then the entirety of this Section 15 (other than the small-claims and jury-waiver provisions) will be void.

15.5 30-day right to opt out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to support@joinhercules.fit with your name and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Hercules will be bound by Sections 15.2 through 15.4. Opting out has no effect on any other part of these Terms.

15.6 Time limit to bring a claim

To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim arose; otherwise, it is permanently barred.

16. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and excluding the U.N. Convention on Contracts for the International Sale of Goods. Subject to Section 15, the state and federal courts located in San Francisco, California will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.

17. Consumer notices

California residents (Civil Code § 1789.3). Under California Civil Code Section 1789.3, California users are entitled to the following notice: If you have a complaint regarding the Services that we have not adequately resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Auto-renewal notice. Your subscription continues and automatically renews until cancelled. You may cancel as described in Section 6.6. See Section 6 for full billing, trial, and renewal terms.

18. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new "Last Updated" date or by notifying you in the app or by email). Changes take effect when posted unless stated otherwise. By continuing to use the Services after changes take effect, you agree to the updated Terms. If you do not agree, you must stop using the Services and may cancel your subscription and delete your account.

19. General

  • Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any additional terms referenced here, are the entire agreement between you and Hercules regarding the Services.
  • Severability. If any provision is held unenforceable, the remaining provisions stay in effect.
  • No waiver. Our failure to enforce any right or provision is not a waiver of it.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • No agency. No partnership, joint venture, employment, or agency relationship is created by these Terms.
  • Notices. We may provide notices to you through the Services, by email, or by other reasonable means. You may contact us at the address below.
  • Headings. Section headings are for convenience only and have no legal effect.

20. Contact us

Hercules Fitness, LLC
741 Castro St, #A
San Francisco, CA 94114
Email: support@joinhercules.fit

For questions about these Terms or the Services, please contact us at the email above.