Terms of Service

01 Eligibility

You must be at least 18 years old to use the App. The App checks adult eligibility before access to workout, nutrition, and social features and asks you to confirm that you meet this age requirement during onboarding. A separate account-access path remains available to exercise privacy rights without access to those features. People under 18 may not use the App, even with parental permission. If you tell us that you are under 18 after creating an account, we will suspend the account, send you an export of your data if you ask for one, and delete the account within 30 days unless the report was mistaken. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

02 Account

You are responsible for maintaining the security of your account credentials. You may create an account with email, Google, or Apple sign-in. You are responsible for all activity that occurs under your account. You agree to provide accurate account information and to keep it current. We may suspend or terminate your account if information you provide is inaccurate or misleading.

03 Acceptable Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. We reserve all rights not expressly granted to you.

You agree not to:

• Use the App for any unlawful purpose
• Attempt to access other users’ data or circumvent security measures
• Submit false, misleading, or offensive content anywhere other users can see it, including display names, avatars, comments, and the names and descriptions of programs, templates, custom exercises, and custom foods you share
• Reverse engineer, decompile, or disassemble the App
• Use automated scripts or bots to interact with the App
• Interfere with or disrupt the Services (or servers/networks connected to the Services), including by attempting to probe, scan, or test vulnerabilities
• Scrape, harvest, or systematically collect data or content from the Services (including leaderboards or feeds) without our prior written consent
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity
• Use the Services to transmit malware, spyware, or other harmful code, or to engage in spam or abusive behavior
• Share, sell, or transfer your account, or obtain paid features other than through the App’s purchase flow or a promotion we offer under Section 7
• Use the nutrition features to promote, glamorize, or pursue dangerously low levels of eating, or encourage anyone else to

04 Workout, Nutrition & Health Disclaimer

Fulminata Fitness is a workout tracking and programming tool. It is not a medical or fitness advisory service. The exercise programs, rep schemes, and suggestions provided are for informational purposes only.

You should consult a qualified healthcare provider or certified fitness professional before starting any exercise program. We are not liable for any injuries, health conditions, or death resulting from exercises performed while using the App. You assume all risks associated with physical exercise. YOU UNDERSTAND THAT PHYSICAL EXERCISE INVOLVES INHERENT RISKS AND YOU USE THE SERVICES AT YOUR OWN RISK.

Nutrition features are informational only and are not medical, nutritional, or dietetic advice. Food and beverage entries, calorie and macronutrient values, and any calorie or macronutrient target the App calculates are estimates. Reference nutrition data comes from public sources, including the U.S. Department of Agriculture’s FoodData Central and the nutrition information restaurants publish for their menus, and from information you or manufacturers provide; it may be incomplete, out of date, or inaccurate, and actual values vary with brand, preparation, and portion.

Calorie and macronutrient targets are produced by a standard published formula from the information you enter. They are a starting point, not an individualized prescription, and the App does not adjust them based on any medical condition. A target is only as accurate as what you enter: if your weight, height, activity level, or step band is wrong, the target will be wrong. You should consult a qualified healthcare provider or a registered dietitian before changing your diet, particularly if you are pregnant or nursing, or have or have had any medical condition or disordered eating. Do not use the App to diagnose, treat, cure, or prevent any condition. YOU USE THE NUTRITION FEATURES AT YOUR OWN RISK.

Nutrition safeguards. The App is for adults only and the calorie and macronutrient calculator also requires you to indicate that you are 18 or older. The App does not estimate body fat or body composition, does not recommend weight loss or suggest a goal weight to anyone, will not save a daily calorie target below 1,200 calories, and awards no points, streaks, or achievements for logging food or for changes in body weight.

Stop and seek help. Stop exercising and seek medical attention if you experience chest pain, unusual shortness of breath, dizziness, fainting, or acute pain. If you are struggling with disordered eating, help is available: in the United States, text 988 in a crisis, call the ANAD Helpline at 1-888-375-7767, or visit nationaleatingdisorders.org. If the nutrition features are not right for you, do not use them.

Other users’ content. Workout challenges, shared programs, and shared templates come from other users, not from us. We do not review them for suitability, and you remain responsible for training within your own limits.

05 User Content

“User Content” means anything you create or upload in the Services, including workout logs, notes, workout names, comments, program templates and programs you build or share, custom exercises and foods, saved meals, display names, and your profile image. You retain ownership of your User Content. By using the Services, you grant us, and the service providers that host and deliver the Services on our behalf, a non-exclusive, royalty-free worldwide license to host, store, reproduce, display, and distribute your User Content and public profile information (display name, avatar, workout stats) to other users within the App and to operate, improve, and provide the Services (including troubleshooting, moderation, and enforcing these Terms). We may moderate or remove content that violates these Terms. You represent and warrant that you have all rights necessary to submit your User Content and that your User Content does not infringe or violate any third-party rights or applicable law.

Sharing. If you share a program or template with another user, they receive a copy they may keep and modify after you delete yours or your account. If you share a program by link, anyone who has the link and is signed in to the App can view and copy it. Comments you leave on a friend’s activity are visible to everyone who can see that activity, including that friend’s other friends. If you submit a custom exercise for inclusion in the exercise library, you grant us the right to publish it to all users, with edits and without attribution.

There is zero tolerance for objectionable content or abusive behavior, including harassment, hate speech, threats, and spam. You can report a comment or a user from within the App, and you can block any user. We review every report promptly and will remove violating content and may suspend the responsible account. Repeat or serious violations result in permanent removal. We may take enforcement action at any time, with or without notice, in our sole discretion.

Copyright complaints (DMCA). We comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512. We respect the intellectual property rights of others and expect users to do the same. If you believe content in the App infringes your copyright, send a notice to our designated agent (DMCA Agent, Strudel Academy LLC, 2800 E. Enterprise Ave STE 333, Appleton, WI 54913, USA, telephone +1 (715) 544-7830, email support@strudelacademy.com) with the subject line “DMCA Notice” that includes: (a) identification of the copyrighted work you claim is infringed; (b) identification of the material you claim is infringing and information reasonably sufficient to locate it in the App; (c) your name, mailing address, telephone number, and email address; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and (f) your physical or electronic signature. We will remove or disable access to material identified in a valid notice. If your content was removed and you believe the removal was a mistake or misidentification, you may send a counter-notice containing the information required by 17 U.S.C. § 512(g)(3), and we may restore the material as that section provides. We terminate the accounts of repeat infringers. For trademark or other intellectual property complaints that are not copyright claims, email the same address with the same information.

If you submit feedback, ideas, or suggestions about the Services (“Feedback”), you agree that we may use it without restriction or compensation to you, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and otherwise exploit the Feedback for any purpose.

Our Privacy Policy explains how we collect and use personal information. By using the Services, you agree to our Privacy Policy (also available at https://fulminata.app/privacy). If you access the Services from outside the United States, you understand your information may be processed in the United States and other countries as described in the Privacy Policy.

By using the Services or contacting us electronically, you consent to receive communications from us electronically (for example, by email or in-app notices). Email to the address associated with your account, together with in-App notices, is our primary method of communicating with you, including for legal notices. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

06 Intellectual Property

The App, including its design, code, its exercise library, achievement system, program templates, and branding, is owned by Strudel Academy LLC. You may not copy, modify, or distribute any part of the App without written permission. The Fulminata Fitness name, logo, and all related marks are our trademarks. The App displays third-party product and brand names (for example, in the food database) solely to identify those products. Such names are trademarks of their respective owners, and their appearance does not imply any affiliation with, or endorsement by, those owners.

07 Premium Subscriptions and In-App Purchases

Premium features and other digital content may be available via in-app purchase through the Apple App Store or Google Play Store, either as a recurring subscription or as a one-time purchase. By making a purchase, you agree to the following:

• Pricing, the billing period, and any free trial are shown in the App and in the respective store before you confirm a purchase. Prices may vary by region and may not include applicable taxes, which the store adds at checkout.
• Payment is charged to your Apple ID or Google Play account at confirmation of purchase.
• Subscriptions renew automatically for the same period, at the price then in effect, unless you cancel at least 24 hours before the end of the current billing period.
• You can manage or cancel your subscription at any time in your device’s subscription settings (not within the App). Deleting the App or your account does not cancel a subscription.
• Refunds are handled by Apple or Google per their respective refund policies. We are not able to issue refunds for purchases made through the stores, except where the law requires us to.
• We may change subscription prices. A price change applies at your next renewal after you are notified, and, where the store or the law requires it, only after you agree to the new price.
• If you subscribe at a price the App presents as a founder price, you keep that price for as long as your subscription stays active, even if we later raise the price for new subscribers. If the subscription ends and you subscribe again, the price then in effect applies.
• Free trials, if offered, are disclosed before purchase and are limited to one per person. Unless you cancel before the trial ends, it automatically converts to a paid subscription at the price shown, and any unused portion of the trial is forfeited when you purchase a subscription.
• We may also let you use paid features for a period without any purchase, for example when you first sign up. Nothing is charged when that period ends; the paid features lock unless you subscribe, and everything you logged stays in your account.
• After cancellation, you retain access to premium features through the end of your paid billing period. When a subscription ends, the paid features lock and everything you logged stays in your account; you can keep using the free features and export your data at any time.
• For an annual plan, we will email you a reminder before it renews, in addition to any notice the store sends.
• You can restore an active subscription or past purchase on a new device with the App’s restore option while signed in to the same Apple or Google account.
• If you join with a friend’s invite code, or a friend joins with yours, we may give each of you a period of premium access as a promotional reward after the new account finishes its first workout. The code must be applied within 7 days of creating the new account, and the first workout must be finished within 30 days of creating it. Referral rewards are promotional, cannot be purchased, have no cash value, are not tied to ratings or reviews, and are limited to 20 per member. We may change or end the referral program, and may withhold or remove a reward obtained through misuse, such as invitations between accounts held by the same person.
• One-time purchases are charged once at the price displayed and do not renew. Purchased features and content are licensed to you for use in the App, are not transferable, and have no cash value.
• The features included in a premium plan are described in the App at the time of purchase. We may add, change, or remove features over time (see Section 8), and features that are free today may later become part of a paid plan. If a feature you use moves behind a paid plan, we will tell you in the App at least 30 days before it does, and your data stays yours and exportable either way. A change to features does not entitle you to a refund except as required by law or by the applicable store policy.

Your purchase and use of subscriptions and in-app purchases may also be governed by Apple’s and Google’s terms and policies, which control billing, cancellation, and refund processes.

App store terms. The App is licensed, not sold, to you. If you obtained the App from the Apple App Store, the software license is governed by Apple’s Licensed Application End User License Agreement (the “Standard EULA”), and these Terms govern your account and the Services. If you obtained the App from the Apple App Store or Google Play, the following also applies: (a) these Terms are between you and Strudel Academy LLC, not Apple or Google, and neither Apple nor Google is responsible for the App or its content; (b) your license is limited to a non-transferable license to use the App on devices that you own or control, as permitted by the store’s usage rules; (c) Apple and Google have no obligation to provide maintenance or support for the App; (d) to the maximum extent permitted by law, Apple and Google have no warranty obligation for the App: if the App fails to conform to an applicable warranty, you may notify the store, which may refund any purchase price you paid for the App, and any other warranty claim is our responsibility; (e) we, not Apple or Google, are responsible for addressing any claim relating to the App or your use of it, including product liability, consumer protection, privacy, and intellectual property claims; (f) you represent that you are not located in a country subject to a U.S. Government embargo or designated a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties; (g) you must comply with any third-party terms that apply to your use of the App, such as your wireless data agreement; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

08 Availability & Changes

We may modify, suspend, or discontinue any part of the App at any time without notice. We do not guarantee uninterrupted availability. We may update these Terms from time to time. Continued use after changes constitutes acceptance. We will indicate changes by updating the “Last updated” date above. For material changes that adversely affect your rights, we will provide at least 30 days’ advance notice by in-App notice or email to the address associated with your account and, where required by law, obtain your consent before the change takes effect. When we ask you to accept updated Terms in the App, we keep a record of the version you accepted and when.

09 Account Termination

You may delete your account at any time from Settings → Data & Account → Delete account, or as described at https://fulminata.app/delete-account. Deleting your account does not cancel a subscription; cancel it first in your device’s subscription settings. We reserve the right to suspend or terminate accounts that violate these Terms; termination for a violation does not entitle you to a refund of any subscription fees except where the law requires one. Upon termination, your data will be deleted as described in our Privacy Policy. We may also restrict access to the Services (including by blocking certain IP addresses) to protect the Services or other users.

Effects of termination. Upon termination or deletion, your license to use the Services ends. We may delete or de-identify your User Content and account data, but we may retain certain information as described in our Privacy Policy (for example, for legal compliance, security, dispute resolution, and backup/archival purposes). You may not create a new account to evade enforcement actions.

10 Dispute Resolution

If you have a dispute with us, please contact support@strudelacademy.com first. We will attempt to resolve it informally within 30 days.

If we cannot resolve the dispute informally, you and Strudel Academy LLC agree to resolve it through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Either party may bring claims in small claims court instead, if the claims qualify. This arbitration agreement applies to any dispute arising out of or relating to these Terms or the Services, including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The arbitrator (not a court) will have exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement. The arbitration will be conducted in English. Unless you and we agree otherwise, the arbitration will take place in Wisconsin (or by videoconference/telephone if permitted by AAA rules). Notwithstanding the foregoing, either party may seek injunctive or equitable relief in court for alleged infringement or misappropriation of intellectual property rights or unauthorized access to the Services, without waiving arbitration for other claims. To the extent permitted by law, any claim must be brought within one (1) year after the events giving rise to the claim, or it is permanently barred.

Public injunctive relief. Claims for public injunctive relief, including under California law, are not subject to arbitration and may be brought in a court of competent jurisdiction. This carve-out is severable from the rest of this Section.

Class Action Waiver. All claims must be brought individually. You and we waive any right to participate in a class action, class arbitration, or representative proceeding.

Coordinated filings. If 25 or more demands for arbitration are filed against us that raise similar claims and are brought by or with the help of the same counsel or organization, they will be administered in batches under the AAA Mass Arbitration Supplementary Rules or any successor rules, with filing fees paid per batch, and any statute of limitations is tolled for a demand from the time it is filed until its batch is heard.

30-Day Opt-Out. You may opt out of this arbitration agreement by emailing support@strudelacademy.com within 30 days of creating your account.

If the class action waiver is found unenforceable with respect to a particular claim, that claim (and only that claim) will be severed and resolved in court, and the remainder of this Section 10 will remain in effect.

11 Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THAT WORKOUT RESULTS, ACHIEVEMENTS, OR PERFORMANCE OUTCOMES WILL BE ACCURATE OR ACHIEVED.

12 Limitation of Liability and Indemnification

To the maximum extent permitted by law, Strudel Academy LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, arising from your use of the App. Our total liability shall not exceed the greater of $50 or the amount you have paid us in the 12 months preceding the claim. In no event will we be liable for any damages arising from your physical exercise or misuse of equipment, except to the extent such liability cannot be disclaimed under applicable law.

You agree to defend, indemnify, and hold harmless Strudel Academy LLC and its affiliates, and each of their respective officers, directors, employees, contractors, and agents, from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content (including any allegation that your User Content infringes, misappropriates, or otherwise violates any rights of any third party); (c) your violation of these Terms; or (d) your violation of any applicable law, rule, or regulation. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under this section (in which case you agree not to settle such matter without our prior written consent). You agree to reasonably cooperate with our defense of any such claim, at your expense. We will use reasonable efforts to notify you of any claim subject to this indemnification upon becoming aware of it.

13 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

14 Force Majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, internet outages, government actions, or other force majeure events.

15 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Strudel Academy LLC regarding your use of the App and supersede all prior understandings or agreements. We may assign these Terms (in whole or in part) to an affiliate or in connection with a merger, acquisition, or sale of assets. Our failure to enforce any provision is not a waiver of our right to do so later.

16 Governing Law

These Terms are governed by the laws of the State of Wisconsin, United States, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Wisconsin.

17 Contact

For questions about these Terms, contact: