terms of use

About Capacity

Capacity provides stretching and mobility routines that allow you to adjust the difficulty of individual exercises.

Depending on the version of the service and your subscription status, Capacity may also allow you to:

• follow pre-built stretching routines;
• adjust exercise difficulty;
• create custom routines;
• view and track exercise or routine statistics; and
• access other paid features made available from time to time.

Capacity is currently provided as an iOS-only mobile application.

Health and Fitness Notice

Capacity provides general stretching, mobility, and fitness information. It does not provide medical advice, diagnosis, treatment, physiotherapy, rehabilitation, or other professional healthcare services.

Exercise and stretching may involve risk of discomfort or injury. You should use your own judgment when selecting exercises and difficulty levels.

You should:

• stop an exercise if you experience unexpected, significant, or worsening pain;
• avoid exercises that you know are unsuitable for an injury, condition, or physical limitation you have; and
• seek advice from an appropriately qualified healthcare professional if you are unsure whether an exercise or stretching programme is suitable for you.

Do not use Capacity as a substitute for medical advice or emergency care.

Nothing in these Terms excludes or restricts liability that cannot legally be excluded or restricted, including liability for death or personal injury caused by negligence where applicable law prohibits such a limitation.

Eligibility

You may use Capacity only if you are legally capable of entering into these Terms.

If you are below the age at which you can legally agree to these Terms in your country, a parent or legal guardian must agree on your behalf where required by law.

You must comply with all laws that apply to your use of Capacity.

Accounts

Capacity may require you to create or pair an account using Sign in with Apple or Google Sign-In.

You are responsible for:

• maintaining control of the Apple or Google account you use to access Capacity;
• keeping your device and sign-in credentials secure; and
• notifying us if you believe your Capacity account has been accessed without permission.

You may not create or use an account through fraudulent, automated, or unauthorised means.

Our collection and use of account information is described in the Capacity Privacy Policy.

Paid Features

We may change which features are included in paid access where reasonably necessary to develop or operate the service. We will not remove statutory rights that apply to purchases you have already made.

Capacity does not currently offer a lifetime subscription plan.

Monthly and Yearly Subscriptions

Capacity offers monthly and yearly auto-renewable subscriptions through Apple’s App Store.

The price, billing period, currency, and any applicable taxes are displayed by Apple before you confirm a purchase.

Unless you cancel, an auto-renewable subscription renews automatically at the end of each billing period in accordance with Apple’s App Store subscription rules.

Apple processes the payment. Capacity uses RevenueCat to help determine subscription status and provide access to paid features.

Cancelling a Subscription

You can cancel your Capacity subscription at any time using Apple’s subscription-management controls.

Cancelling turns off future automatic renewal. Unless Apple specifies otherwise, you will normally continue to have access to the paid features until the end of the billing period you have already paid for.

For example:

• if you cancel a monthly subscription, it will not renew at the next monthly billing date; and
• if you cancel a yearly subscription, it will not renew at the next yearly billing date.

Deleting the Capacity app or deleting your Capacity account does not automatically cancel an App Store subscription. If you have an active subscription, you should cancel it through Apple before or when deleting your account if you do not want it to renew.

Refunds

Purchases and subscriptions are processed by Apple.

Refund eligibility and refund requests are generally handled by Apple under Apple’s applicable policies, together with any mandatory rights you have under consumer law.

Nothing in these Terms removes any refund, cancellation, repair, replacement, price-reduction, or other statutory right that cannot legally be excluded.

Your On-Device Data

Your stretching statistics, progress, and routine information are stored on your device and are not backed up by Capacity on our servers.

You are responsible for maintaining access to your device and for any device-level backup arrangements you choose to use.

Capacity is not a cloud-storage or backup service. Local data may be lost if, for example, you delete the app, erase or replace your device, or remove the app’s local data.

This section does not limit any responsibility that cannot legally be excluded.

Capacity Content and Intellectual Property

Capacity and the content made available through it are owned by or licensed to [DEVELOPER LEGAL NAME], except where otherwise stated.

This may include:

• stretching routines;
• exercise selections and sequences;
• exercise instructions;
• text and descriptions;
• illustrations, photographs, video, animation, audio, and other media;
• user-interface elements;
• branding, logos, and visual design; and
• software, code, and app functionality.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable licence to use Capacity and its content for your own personal, non-commercial use.

Restrictions on Reuse and Commercial Use

You may use Capacity content for your own personal stretching and fitness activities.

Unless we give you written permission, you may not:

• reproduce, republish, distribute, sell, rent, license, or commercially exploit Capacity content;
• use Capacity routines, exercise instructions, media, or other content in a paid product or service;
• copy or extract substantial portions of Capacity content to create another app, website, programme, course, database, or commercial offering;
• scrape, systematically download, or harvest Capacity content;
• remove copyright, trade mark, or other proprietary notices;
• reverse engineer, decompile, or attempt to obtain the source code of Capacity except where applicable law expressly allows it; or
• use Capacity content in a way that falsely suggests sponsorship, endorsement, or affiliation with Capacity.

Ordinary personal, non-commercial sharing of your own progress or screenshots is not prohibited by this section, provided it does not amount to substantial reproduction or redistribution of Capacity’s protected content.

Creating a custom routine does not transfer ownership of the underlying Capacity exercises, instructions, media, or other app content to you.

Acceptable Use

You must not use Capacity:

• unlawfully or fraudulently;
• to interfere with or disrupt the app, its systems, or its service providers;
• to attempt to bypass subscription or entitlement controls;
• to gain unauthorised access to another person’s account;
• to introduce malware, harmful code, or automated abuse;
• to misuse authentication, subscription, or account-deletion systems; or
• in a way that infringes another person’s intellectual-property, privacy, or other legal rights.

We may take reasonable action to protect Capacity from abuse, fraud, security threats, or material violations of these Terms.

Third-Party Services

Capacity depends on third-party platforms and services, including:

• Apple, for iOS distribution, Sign in with Apple where used, and App Store purchases;
• Google, where Google Sign-In is used;
• RevenueCat, for subscription entitlement management; and
• PostHog, for anonymous onboarding analytics.

Your use of Capacity and any third-party services made available through or in connection with Capacity may be subject to additional terms and policies imposed by those third parties. You must comply with all applicable third-party terms of agreement when using Capacity, including the terms applicable to your Apple device, Apple Account, internet connection, mobile network, and any other third-party service you use in connection with Capacity.

We are not responsible for third-party services to the extent that an issue is caused solely by that third party and is outside our reasonable control, but this does not limit any rights or remedies you have against us that cannot legally be excluded.

Apple App Store

Apple App Store

The following terms apply where you download, access, purchase, or use Capacity through Apple’s App Store.

Agreement Between You and Capacity

You acknowledge and agree that these Terms are concluded between you and Cameron Jules only, and not with Apple Inc. (“Apple”). We, and not Apple, are solely responsible for Capacity and its content.

Nothing in these Terms is intended to provide usage rules for Capacity that conflict with the Apple Media Services Terms and Conditions or, where applicable, Apple’s Volume Content Terms.

Scope of Licence

Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable licence to use Capacity on any Apple-branded product that you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.

Capacity may also be accessed, acquired and used by other accounts associated with the purchaser where permitted by Apple through Family Sharing, volume purchasing, Legacy Contacts, or another Apple-authorised sharing mechanism.

Except where applicable law expressly permits otherwise, this licence does not give you any right to distribute, sublicense, transfer, sell, commercially exploit, reverse engineer, decompile or reproduce Capacity.

Maintenance and Support

We are solely responsible for providing maintenance and support services for Capacity to the extent specified in these Terms or required by applicable law.

You acknowledge and agree that Apple has no obligation whatsoever to provide any maintenance or support services for Capacity.

Questions or support requests relating to Capacity should be directed to us using the contact details set out in the Contact Us section below.

Warranties

We are solely responsible for any warranties relating to Capacity, whether express or implied by applicable law, to the extent that those warranties have not been validly excluded or limited under these Terms.

If Capacity fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you.

To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Capacity.

Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure by Capacity to conform to an applicable warranty are our responsibility and not Apple’s responsibility.

Nothing in this section excludes, restricts or limits any warranty, consumer right or remedy that cannot lawfully be excluded, restricted or limited.

Claims Relating to Capacity

You acknowledge and agree that we, and not Apple, are responsible for addressing claims made by you or a third party relating to Capacity or your possession or use of Capacity.

This includes, without limitation:

• product-liability claims;
• claims that Capacity fails to comply with an applicable legal or regulatory requirement; and
• claims arising under consumer-protection, privacy or similar legislation, including, where applicable, claims connected with the use of Apple frameworks or services such as HealthKit or HomeKit.

Nothing in these Terms limits our liability to you beyond what is permitted by applicable law.

Intellectual Property Claims

You acknowledge and agree that, if a third party claims that Capacity, or your possession or use of Capacity, infringes that third party’s intellectual-property rights, we, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that intellectual-property infringement claim.

Legal Compliance and Sanctions

By using Capacity, you represent and warrant that:

1. you are not located in a country or region that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country or region; and
2. you are not listed on any United States Government list of prohibited or restricted parties.

You must also comply with all other laws and regulations applicable to your use of Capacity.

Third-Party Terms

You must comply with all applicable third-party terms of agreement when using Capacity.

This includes, where applicable, the terms governing your Apple device, Apple Account, App Store account, internet connection, wireless or mobile-data service, and any third-party services you use in connection with Capacity.

Apple as Third-Party Beneficiary

You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to your licence and use of Capacity.

Upon your acceptance 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.

Except for Apple and Apple’s subsidiaries as expressly provided above, these Terms do not give any other third party a right to enforce them unless applicable law requires otherwise.

Availability and Changes to Capacity

We aim to keep Capacity available and functioning, but we do not guarantee that the app will always be uninterrupted or error-free.

We may need to modify, update, maintain, suspend, or discontinue parts of Capacity for reasons such as:

• fixing bugs or security issues;
• adapting to iOS or App Store changes;
• improving or changing features;
• addressing legal or regulatory requirements; or
• maintaining the technical or commercial viability of the service.

Where a change materially affects a paid service, we will act consistently with applicable consumer law and Apple’s subscription requirements.

Suspension and Termination

You may stop using Capacity at any time.

We may suspend or terminate access where reasonably necessary if:

• you materially or repeatedly breach these Terms;
• your use creates a security, fraud, legal, or technical risk;
• we are required to do so by law; or
• Capacity or a relevant part of the service is discontinued.

Where appropriate and reasonably possible, we will provide notice before terminating access for a breach and may give you an opportunity to remedy the issue.

Termination does not remove rights or obligations that arose before termination.

Consumer Rights and Our Responsibility

If you are a consumer, you have legal rights that vary by country and cannot always be limited by contract. Nothing in these Terms affects rights that applicable law says cannot be excluded.

If we fail to comply with these Terms, we are responsible for loss or damage that is a reasonably foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, subject to applicable law.

We are not responsible for losses that were not reasonably foreseeable when you agreed to these Terms.

Capacity is provided for personal and non-commercial use. To the extent permitted by law, we are not responsible for business losses such as loss of profit, loss of business, business interruption, or loss of business opportunity arising from personal consumer use of Capacity.

Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence where such liability cannot be excluded;
• fraud or fraudulent misrepresentation; or
• any other liability that applicable law does not permit us to exclude or limit.

Changes to These Terms

We may update these Terms where reasonably necessary to reflect changes to Capacity, our business, Apple’s platform requirements, third-party services, or applicable law.

If a change materially affects your rights or an existing paid service, we will take reasonable steps to provide appropriate notice where required.

The date at the top of these Terms shows when they were last updated.

Governing Law and Disputes

These Terms are governed by the laws of ENGLAND AND WALES, subject to any mandatory consumer-protection laws that apply to you in your country of residence.

If you are a consumer, nothing in this section prevents you from bringing a claim in any court that applicable consumer law says is available to you.

Before starting formal proceedings, we encourage you to contact us so that we can try to resolve the issue.

Contact Us

For questions about these Terms, account support, or Capacity generally, contact:

Cameron Jules
support@capacitystretching.com
United Kingdom