Acceptable Use Policy
Last Updated: July 15, 2026
THIS ANNEX 1 PROVIDED BY ENHANCE IS NOT INTENDED TO BE, AND SHOULD NOT BE CONSTRUED AS, LEGAL ADVICE. COMPANY AND/OR ITS END-CLIENT(S) SHALL BE SOLELY RESPONSIBLE FOR REVIEWING, MODIFYING, AND ADAPTING THE BELOW AUP WITH THEIR RESPECTIVE LEGAL ADVISERS IN ACCORDANCE WITH APPLICABLE LAWS GOVERNING THE FITNESS AND TRAINING ACTIVITIES PROVIDED BY COMPANY AND/OR END-CLIENT(S).
Annex 1 - Acceptable Use Policy
This acceptable use policy (“AUP”) sets forth certain restrictions on accessing and using certain proprietary cloud-based, online services (“Mobile App”) made available to individuals enrolled in fitness classes and other related programs (“User”, “you” or “your”) hosted by certain fitness studios, gyms, facilities, and/or clubs (“Gym”). The fitness classes and other related programs hosted by your Gym are referred to collectively as the “Program”. Your participation in the Program is entirely voluntary and is subject to this AUP and any additional rules and conditions published by Your Gym or its partner that licenses the proprietary fitness app (“Licensor”). Your Gym provides you the right to use and access the Mobile App on a voluntary basis to enable You, your trainer, and/or Your Gym to manage your fitness goals and schedule your participation in the Program. Nothing contained in the Mobile App should be construed as legal advice or a medical diagnosis. The information and reports generated by the Mobile App should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Mobile App should not be relied upon when making medical decisions or used to diagnose or treat a health condition or illness. NO ATTORNEY-CLIENT OR DOCTOR-PATIENT RELATIONSHIP IS FORMED AMONG YOU, YOUR TRAINER, YOUR GYM (INCLUDING THE LICENSOR). ANY AND ALL SERVICES PROVIDED BY, IN, OR THROUGH THE MOBILE APP (INCLUDING BUT NOT LIMITED TO CONTENT) ARE FOR INFORMATIONAL PURPOSES ONLY.
a. ASSUMPTION OF RISK: Your participation in the Program is entirely voluntary. By enrolling in the Program, you agree, represent, and warrant that:
you have disclosed any medical condition or medication that could limit or prevent you from performing physical activity to your physician, who approves your participation in the Program or any related activities made available to you in connection with the Program;
you have consulted with your physician before making any dietary changes based upon information available through the Mobile App.
If you choose to participate in the Program and related fitness or training activities hosted by your Gym, you do so of your own free will, knowingly and voluntarily assuming all risks associated with such activities. You understand and agree that there is a risk of serious injury or other harm inherent in and associated with, participation in any exercise program and may occur during or following training and/or exercise. In recognition of the dangers existing in any strenuous physical activity, you understand, acknowledge, agree, and voluntarily accept all risks and responsibility associated with your enrollment in the Program, and use of any equipment and facilities related to the Program.
Except as otherwise set out in this AUP, and to the maximum extent permitted by applicable law, your Gym and the Licensor are not responsible or liable, directly or indirectly, for any injury, illness, or damages sustained from your participation in the Program, including any content or activities you access or learn about through the Program (including the Mobile App), even if caused in whole or in part by any act, omission, or negligence of the Gym, its Licensor, or others.
b. RELEASE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU AGREE TO RELEASE THE GYM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS (INCLUDING ENHANCE USA TECHNOLOGIES LLC) (“GYM PARTIES”) FROM ANY AND ALL LIABILITY AND OBLIGATIONS WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF OR PARTICIPATION IN THE PROGRAM. IF AT ANY TIME YOU ARE NOT SATISFIED WITH THE PROGRAM OR OBJECT TO ANY CONTENT OR OTHER MATERIAL WITHIN OR THROUGH THE PROGRAM (INCLUDING THE MOBILE APP), YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY STOP YOUR USE OF OR PARTICIPATION IN THE PROGRAM (INCLUDING THE MOBILE APP). YOU EXPRESSLY AGREE THAT IF ANY PORTION OF THIS AUP IS HELD INVALID, THE REMAINING PORTIONS WILL REMAIN VALID AND IN FULL FORCE AND EFFECT. THESE PROVISIONS ARE BINDING ON YOU, YOUR ESTATE, FAMILY, HEIRS, ADMINISTRATORS, PERSONAL OR LEGAL REPRESENTATIVES, AND ASSIGNS.
c. USE RESTRICTION. The restrictions below are not exhaustive and may be amended from time to time by Your Gym. At a minimum, You will not, or allow third parties to, use the Program (including the Mobile App):
(i) to store, transmit, display, or make available (a) content that is infringing, libelous, unlawful, tortious, or in violation of third party rights, (b) content or technology that harms, interferes with, or limits the normal operation of the Program, including monitoring traffic or data, or (c) viruses, malware, or other malicious code;
(ii) to display illegal, threatening, offensive, or similarly objectionable content or materials (including any offensive, sexually explicit, abusive, harassing, lewd, threatening, or hateful audio, images, videos, banners, literature, or other materials visible to trainers or other customers or users during training sessions), such as propagating hate or violence, or causing harm to others, or harm the Licensor’s reputation;
(iii) to transact in or facilitate activities involving the misappropriation of another individual’s identity, including, but not limited to, improperly obtained credit card information and/or account credentials;
(iv) to attempt to gain unauthorized access to the Mobile App or any related systems;
(v) to permit direct or indirect access to or use of the Program in a way that violates the underlying agreement between Your Gym and the Licensor, or to use the Program to access or use any intellectual property in or related to the Program except as expressly permitted by the Licensor in writing;
(vi) to copy the Program or any part, feature, function, or user interface except as expressly authorized by the Licensor in writing; or
(vii) to benchmark the Program or build similar or competitive products or services.
d. SECURITY: YOU WILL BE PROVIDED WITH A USERNAME AND PASSWORD TO ACCESS THE PROGRAM (INCLUDING THE MOBILE APP). YOU MUST TREAT YOUR USERNAME, PASSWORD OR ANY OTHER PIECE OF INFORMATION UTILIZED AS CONFIDENTIAL, AND YOU MUST NOT DISCLOSE IT TO ANY OTHER PERSON OR ENTITY. YOU ALSO ACKNOWLEDGE THAT YOUR ACCOUNT IS PERSONAL TO YOU AND AGREE NOT TO PROVIDE ANY OTHER PERSON WITH ACCESS TO THE PROGRAM (INCLUDING THE MOBILE APP) USING YOUR USERNAME, PASSWORD OR OTHER SECURITY INFORMATION. YOU AGREE TO NOTIFY YOUR GYM IMMEDIATELY OF ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR USERNAME OR PASSWORD OR ANY OTHER BREACH OF SECURITY.
e. SUSPENSION. Your Gym and/or its Licensor reserve the right to suspend your use of the Mobile App and participation in the Program, if in their reasonable discretion and determination, such suspension is necessary (a) as a result of your breach of the Use Restrictions above; (b) to avoid material harm to your Gym (including its Licensor) or its other customers or users; or (c) as required by law or at the request of governmental entities.