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.

Free and Paid Features

Some Capacity features may be available without payment, while other features require an active paid subscription.

Paid features may include the ability to create custom routines and other features identified as premium within the app.

We may change which features are included in free or 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.

Account Deletion

You can initiate deletion of your Capacity account from within the app.

Account deletion removes the Capacity account information we control, subject to limited retention where permitted or required by law.

Because your exercise statistics, progress, and routine information are stored locally on your device rather than on Capacity’s servers, account deletion and local app-data deletion are separate operations.

If you have an active subscription, account deletion does not itself stop Apple from billing the subscription. See Cancelling a Subscription above.

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 these services may also be subject to their own terms and policies.

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

Capacity is made available through Apple’s App Store.

Your use of the iOS application is also subject to applicable Apple App Store terms and, where applicable, Apple’s standard end-user licence terms.

Apple is responsible for processing App Store payments and providing the App Store infrastructure. We are responsible for Capacity itself, including app support as required by applicable law and Apple’s rules.

If these Terms conflict with mandatory Apple App Store terms that apply to your use of Capacity, those mandatory Apple terms will apply to the extent of the conflict.

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 / SCOTLAND / NORTHERN IRELAND — CHOOSE THE PART OF THE UK WHERE THE DEVELOPER IS ESTABLISHED], 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:

[DEVELOPER LEGAL NAME]
[SUPPORT EMAIL OR SUPPORT URL]
United Kingdom