Terms of Service for Drillsy

Last updated December, 17, 2025

READ THIS LEGAL DOCUMENT CAREFULLY, PLEASE. Forward Facing Dog, LLC, (doing business as Drillsy) (together with our affiliates, “Drillsy Fitness”, “Drillsy Studio”,”DrillsyApp”, ”we”, “our”,or "us") provides a personalized online fitness community and related products, services, content and features through: a) Drillsy Fitness websites, such an online store, blog pages (the “Sites”), b) TV, tablet, mobile, desktop, or device applications operated by us (including iOS and Android applications requiring a Drillsy account to access classes, content, and features, ("Apps") and c) Drillsy-controlled social media pages (including on Meta, Instagram, TikTok, and X). To make these Terms of Service (the "Terms") easier to read, the Drillsy Sites, Apps, Drillsy-controlled social media pages are collectively called the “Drillsy Service" or "the Services". We personalize content and features as part of the Services to improve your experience, including showing you recommendations in the Service that might be of interest to you. By registering as a Drillsy Member or by visiting, browsing, or using the Drillsy Service in any way, and having your usual residence in the US or Canada, you (as a "user") a) accept and agree to be bound by these Terms, which form a binding agreement between you and Drillsy. b) accept and agree that you are legally bound by these Terms. If you do not agree to these Terms, you may not use or access Drillsy Services.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 18 (ARBITRATION AGREEMENT & CLASS ACTION WAIVER”), THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

If you do not wish to be bound by these Terms, you may not access or use the Drillsy Service. Certain elements of the Drillsy Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Drillsy Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

1. Membership Holder Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a Drillsy membership subscription.

1.1 Age Requirement. You must be at least 13 years old to become a Member. If you are a parent or legal guardian of a Member of a Drillsy Service free account holder under the age of 18 years old, you are subject to these Terms and responsible for that Member's or Drillsy free account holder's activity on the Drillsy Service by allowing them to use the Drillsy Service.

2. General Terms of Use and Restrictions on Use. Subject to these Terms, Drillsy grants you a limited, revocable, nonexclusive, nontransferable personal right to access and make use of the Apps solely for your benefit and no other commercial purpose.

We may discontinue or alter any aspect of Drillsy Service or remove content from Drillsy Service at any time without prior notice. You agree that we may, under certain circumstances, immediately suspend or terminate your access to or use of the Drillsy Service or any part thereof. Such circumstances include, without limitation: (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Drillsy Service; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; or (e) engagement by you in fraudulent, inappropriate or illegal activities. You further agree that such measures shall be taken in our sole discretion and without liability to you or any third party.

3. Account. While Users may browse the Site without creating an Account (as defined below), each User will need to have an Account and agree to these Terms in order to use certain features of the Drillsy Service. To create an account, you will be required to provide certain information, including some Personal Information (as defined below), such as your name and email address (an “Account").

4. Connecting Via Third-Party Services. By connecting to the Drillsy Services via a third-party service, you give us permission to access and use your information from that service.

5. Account Security. You are responsible for maintaining the confidentiality of your password and/or any other authentication credentials associated with your Account and are fully responsible for all activities that occur under your Account. You are prohibited from sharing your Account with, or assigning your Account to, any other person without our prior written authorization. We encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) to protect your Account. You also agree that you will provide truthful and accurate information that belongs to you during the Account sign-up process. Should you become aware of or suspect any unauthorized use of your Account or your information changes, you must immediately notify us using the contact information in this document. You will ensure that you logout of your Account at the end of each session.

6. User Content. The Apps allows you to create, upload, store, and (if applicable) share your own content, including but not limited to custom exercises, workout routines, personal workout databases, sets, reps, weights, notes, progress logs, images, videos, or other materials related to your workouts ("User Content"). You may also build workouts using a combination of our pre-provided exercises and your User Content.

You retain ownership of your User Content. However, by submitting, uploading, or creating User Content in the Apps, including feedback (e.g. If you make suggestions to us or through the Apps about improving or adding new features or products, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, distribute, display, perform, and create derivative works of your User Content as necessary to operate, provide, improve, and promote the Apps and its Services without compensation to you. This includes, for example, displaying your custom workouts in your personal database, allowing you to combine them with our content, backing up data, or (if you choose to share) making them visible to other users.

If your User Content is shared publicly or with other users (e.g., in community features), you also grant other users of the Apps a limited, non-exclusive license to view, use, and incorporate your shared User Content into their own workouts, subject to these Terms.

You are solely responsible for your User Content and the consequences of submitting or sharing it. You represent and warrant that:

a) You own or have the necessary rights, licenses, and permissions to submit and share your User Content.

b) Your User Content does not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or other rights.

c) Your User Content is not unlawful, harmful, abusive, defamatory, obscene, or otherwise objectionable.

d) Your User Content does not contain medical advice unless you are a qualified professional, and it complies with all applicable laws.

We do not endorse, verify, or guarantee the accuracy, safety, or effectiveness of any User Content, including custom workouts or exercises created by users. Workouts and exercises (whether ours, artificial intelligence, or user-created) involve physical activity and may carry risks of injury, illness, or other harm. You should consult a qualified healthcare professional or physician before starting any workout program or using any User Content, especially if you have pre-existing health conditions. We are not responsible for any injuries, damages, or losses resulting from your use of or reliance on User Content.

We reserve the right (but have no obligation) to monitor, review, edit, remove, or disable access to any User Content at any time, for any reason, without notice, including if we believe it violates these Terms, poses a safety risk, or infringes rights. We may also terminate or suspend your access to the Apps for repeated or severe violations related to User Content.

We reserve the right to:

  • remove or refuse to post any User Content and contributions for any or no reason in our sole discretion;

  • take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, including the User Content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Apps  or the public or could create liability for Us;

  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Apps; and terminate or suspend your access to all or part of the Apps for any or no reason, including without limitation, any violation of these Terms.

  • We do not undertake to review all User Content before they are shared within the Apps, and cannot ensure prompt removal of objectionable material after User Content have been posted. WE CLAIM NO OWNERSHIP RIGHTS OVER YOUR USER CONTENT. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING, PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE APPS, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE ACTING ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR USER CONTENT.

7. Advertisement. The Apps, for non-paying users, are free to use and is supported by advertising. We and our third-party advertising partners may display advertisements, promotions, and sponsored content within the Apps.

You acknowledge and agree that:

  1. Advertisements may be targeted based on your data (as described in our Privacy Policy). https://drillsyfitness.com/privacy-policy

  2. We do not endorse any advertised products or services.

  3. Interactions with advertisements (e.g., clicks or purchases) are solely between you and the third-party advertiser.

  4. We are not responsible for the content, accuracy, or availability of advertisements, nor for any transactions you enter into with advertisers.

  5. We reserve the right to modify or discontinue advertisements at any time.

8. Service Fees, Billing, Membership Subscriptions.

Service Fees. Certain aspects of the Apps may be provided for free, while certain other aspects of the Apps may be provided for a fee ("Fee"). Each Fee (including each Membership Subscription Fee (as defined below)) is the sum of the applicable Drillsy Fee (as defined below) and any applicable Third-Party Fees (as defined below). By electing to use non-free aspects of the the Apps, including enrolling in Membership(s) (as defined below), you agree to the pricing and payment terms applicable to you, as may be made available on the payments page at https://www.drillsyfitness.com/pricing on our website or via your Account, and as incorporated by reference herein.

We may add new products and/or services for additional Fees, add or amend fees for existing products and/or services, and/or discontinue offering any Memberships at any time; provided, however, that if we have agreed to a specific Membership Subscription Term and a corresponding Membership Subscription Fee, then that Membership will remain in force for that Membership Subscription Fee during that Membership Subscription Term. Any change to our pricing and payment terms will become effective in the billing cycle following our provision of notice of such change. Except as may be expressly stated in these Terms, all Fees must be paid in advance, payment obligations are non-cancelable once incurred (subject to any cancellation rights set forth in these Terms), and Fees paid are non-refundable. Fees are stated exclusive of any taxes, levies or duties (collectively, but, for clarity, excluding taxes based on our net income, "Taxes"). You will be responsible for paying all Taxes associated with your purchases and/or Memberships in connection with the the Apps.

    1. Definitions.

      • ”Drillsy Fee" means the portion of the Fee (including any Membership Subscription Fee) that we may retain as consideration for providing the Apps or any portion thereof (including any particular Membership), as applicable.

      • "Membership" means a particular portion of the Apps, including access to workouts created by the community, that is available on an automatically renewing subscription basis, and your access thereto, as applicable.

      • "Membership Subscription Fee" means the recurring amount due as consideration for a Membership.

      • "Third-Party Fees" means the portion of the Fee (including any Membership Subscription Fee) retained by one (1) or more third parties, including Payment Processor, that we may engage from time to time, in our sole discretion.

      • "Payment Processor" means the third-party payment processor, which we engage to process payments Users make in connection with the Apps, currently Stripe, Inc., or Apple, Inc. ("Apple") for any payments made through the App you acquire from the Apple App Store (such App, "iOS App”).

    2. Your Payment Method. By providing a Payment Method, you authorize the Apps and Payment Processor to charge that Payment Method the applicable Fees and Taxes, including, if applicable, on a recurring basis until you cancel your Subscription as outlined below. Fees and Taxes will be charged to your Payment Method on the specific payment date indicated in your Account. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, if you changed your Membership plan, or if your Membership began on a date not contained in a subsequent month. The length of your billing cycle will depend on the type of Subscription in which you are enrolled, if applicable. Fees are fully earned upon payment. We may authorize your Payment Method in anticipation of service-related charges through various methods, including authorizing it up to one (1) month of service as soon as you register for the Apps.

    3. Payment Processor. By using the Apps and enrolling in a Membership, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for the services provided under your Membership in accordance with any applicable payment terms. The processing of payments is subject to the terms and conditions and privacy policies of our Payment Processor. Please review such terms and conditions as well as Payment Processor's privacy notice (each of which is available on Payment Processor's website). You acknowledge and understand that Payment Processor may collect and retain Third-Party Fees whenever you pay Fees (including Membership Subscription Fees).

    4. Payment Representations and Warranties. You represent and warrant that: 1) the account, order, and Payment Method information you supply to us and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; 2) you are duly authorized to use the Payment Method(s); 3) you will pay any and all charges incurred by users of your Payment Method in connection with the the Apps, including any applicable Fees (at the prices in effect when such charges are incurred) and Taxes; 4) charges incurred by you will be honored by your Payment Method company; (5) you will not allow or enable anyone else to use your Membership (including, without limitation, by sharing your password(s) or any other authentication credentials with anyone else, or by attempting to transfer your Subscription to anyone else); and 6) you will report to us any unauthorized or prohibited access to or use of your Subscription and/or password(s) or other authentication credentials.

    5. Disclaimer. WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR: 1) ANY SECURITY OR PRIVACY BREACHES RELATED TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD, 2) ANY FEES THAT MAY BE CHARGED TO YOU BY YOUR BANK IN CONNECTION WITH THE COLLECTION OF FEES, AND/OR 3) ANY UNAUTHORIZED USE OF YOUR CREDIT CARD, DEBIT CARD, OR OTHER PAYMENT METHOD BY A THIRD PARTY.

    6. Membership Subscriptions.

      1. Automatic Renewals. Memberships shall renew on an automatically renewing basis and entail payment of Membership Subscription Fees. We may change the price of any Membership at any time. Any price change for a Membership will become effective on the first day of the next Membership Subscription Term. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE END OF EACH MEMBERSHIP SUBSCRIPTION TERM IDENTIFIED IN YOUR ACCOUNT FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THAT INITIAL SUBSCRIPTION TERM (EACH SUCH PERIOD, A "MEMBERSHIP SUBSCRIPTION TERM") UNLESS AND UNTIL YOU CANCEL THE APPLICABLE MEMBERSHIP IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED BELOW. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR INTENT TO CANCEL, YOUR MEMBERSHIP AND THE CORRESPONDING MEMBERSHIP SUBSCRIPTION FEE WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE THE APPS AND PAYMENT PROCESSOR (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEE AND ANY APPLICABLE TAXES, USING ANY OF YOUR PAYMENT METHODS.

      2. Cancellation Procedures. You may cancel your Membership on any date during the Membership Subscription Term, so long as that date is at least five (5) days prior to the start of the next Membership Subscription Term, by logging into your Account, contacting us at marianne@drillsyfitness.com, or through Apple (as may be applicable to you). Should you cancel your Membership before the end of the applicable Membership Subscription Term, you will have access to your Membership features and services until the end of that Membership Subscription Term. If you have questions or need assistance with the services provided through the Apps, please contact us. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR INTENT TO CANCEL, YOUR MEMBERSHIP AND THE CORRESPONDING MEMBERSHIP SUBSCRIPTION FEE WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE DRILLSY FITNESS AND PAYMENT PROCESSOR (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE MEMBERSHIP SUBSCRIPTION FEE AND ANY APPLICABLE TAXES, USING ANY OF YOUR PAYMENT METHODS.

      3. Cancellation; Refunds. You may de-activate your Account or any Membership at any time and we may suspend or terminate your Membership, your Account in the Apps at any time, in our sole discretion. HOWEVER, YOU UNDERSTAND AND ACKNOWLEDGE THAT, UNLESS REQUIRED BY APPLICABLE LAW, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND OR CREDIT FOR ANY SUCH CANCELLATION, SUSPENSION, OR TERMINATION, NOR FOR ANY UNUSED TIME ON YOUR MEMBERSHIP, ANY PRE-PAYMENTS MADE IN CONNECTION WITH YOUR MEMBERSHIP, ANY USAGE OR MEMBERSHIP SUBSCRIPTION FEES FOR ANY PORTION OF THE APPS, ANY CONTENT OR DATA ASSOCIATED WITH YOUR ACCOUNT, OR ANYTHING ELSE, AND THAT ANY SUCH REFUNDS OR CREDITS MAY BE GRANTED AT OUR SOLE OPTION AND IN OUR SOLE DISCRETION. If you believe you have been improperly charged and would like to request a refund, please contact us at marianne@drillsyfitness, or Apple (as may be applicable to you).

      4. Trial Periods. We may, at our sole option and in our sole discretion, offer free trials ("Trial Periods") to a particular portion of the Apps, subject to the terms of the offer. If you are signed up to such a Trial Period and select to and agree to a Membership during your applicable Trial Period, we or Payment Processor will bill your Payment Method on the day you select a Membership (which day will be the first day of your first Membership Subscription Term), and on the first day of each subsequent Membership Subscription Term, subject to these Terms. If you do not select a Membership during your Trial Period, your access to the applicable portion of the Apps may be terminated.

9. Your Use of Third-Party Services. The Apps may provide links to other websites or resources maintained by third parties (collectively, "Third-Party Services"). You agree that we have no control over and are not responsible for the content or availability of such websites or resources, or for any privacy or other practices of the third parties operating those websites or resources. IF YOU USE A THIRD-PARTY SERVICE IN CONNECTION WITH THE APPS, YOU ARE SUBJECT TO AND AGREE TO, AND MUST COMPLY WITH, THE THIRD PARTY'S TERMS AND CONDITIONS MADE AVAILABLE VIA, OR AGREED IN CONNECTION WITH, ITS SERVICES. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES. IF YOU ACCESS A THIRD-PARTY SERVICE FROM THE APPS OR SHARE YOUR USER CONTRIBUTIONS OR OUTPUT ON OR THROUGH ANY THIRD-PARTY SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY NOTICE DO NOT APPLY TO YOUR USE OF ANY THIRD-PARTY SERVICE. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO AND/OR USE OF ANY THIRD-PARTY SERVICE. ADDITIONALLY, YOUR DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON THE APPS, INCLUDING AS RELATES TO PAYMENT AND DELIVERY OF GOODS, AND ANY OTHER TERMS (SUCH AS WARRANTIES) ARE SOLELY BETWEEN YOU AND SUCH ADVERTISERS. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS.

10. Privacy. We value your privacy. To provide and enhance the Apps, we may need to be able to identify you and your interests, and we use your personal data to do this. Please carefully review our Privacy Notice located at https://drillsyfitness.com/privacy-policy for information about how we may collect, use, store, or share information from you, and you acknowledge your personal information may be transferred to and/or processed in the United States.

11. Usage Data. We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, "Usage Data"). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: 1) to provide and maintain the Apps; 2) to improve our products and services, and to develop new products, services, and/or features; 3) to monitor your usage of the Apps; 4) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and 5) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form. The Apps may contain technological measures designed to prevent unauthorized or illegal use of Drillsy’s products and Services; you understand and acknowledge that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including Intellectual Property Rights, in and to the Apps.

12. Notice of Copyright Infringement. We respect artists and content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (as it may be amended, "DMCA"). If you believe that the the Apps and Site contains any content or elements that infringe your copyrights, please provide Forward Facing Dog, LLC’s Designated Copyright Agent with the following information in writing:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and email address;

    5. A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    7. The above information must be submitted to our DMCA Agent, using the following contact information:

      ATTN: DMCA Notice
      Forward Facing Dog, LLC
      28081 Marguerite Pkwy #2564

      Mission, Viejo, CA 92690
      Tel.: (949) 438-3446
      Email: marianne@drillsyfitness.com

UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that the procedure outlined herein is exclusively for notifying Drillsy and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Drillsy's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other Applicable Law.

In accordance with the DMCA and other Applicable Law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Apps and/or terminate the Accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.

13. Additional Terms for Apps.

    1. General. To use any App, you must have a mobile device that is compatible with such Apps. Drillsy does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider in connection with such App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the Apps under your Account on one 1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below), respectively), solely in accordance with these Terms. The foregoing license grant is not a sale of any App or of any copy thereof. You may not: (a) modify, disassemble, decompile, or reverse engineer any App, except to the extent that such restriction is expressly prohibited by Applicable Law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any App to any third party, or use any App to provide time sharing or similar services for any third party; (c) make any copies of any App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of any App, features that prevent or restrict use or copying of any content accessible through any App, or features that enforce limitations on use of the Apps; or (e) delete the copyright or other proprietary rights notices on any App. You acknowledge that we may, from time to time, issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and you understand and acknowledge that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated into an App is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners or suppliers retain all right, title, and interest in and to the Apps (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.

    2. iOS App. This Section (iOS App) applies to any iOS App. You and Drillsy understand and acknowledge that these Terms are solely between you and Drillsy not Apple, and that Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple's then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to Drillsy as provider of the iOS App. You and Drillsy acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: 1) product liability claims; 2) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and 3) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the iOS App, or your possession and use of that iOS App, infringes that third party's intellectual property rights, Drillsy, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You and Drillsy acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as relates to your license of the iOS App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iOS App against you as a third-party beneficiary thereof.

14. Disclaimer. THE APPS ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY 1) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS; 2) THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; 3) REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, OR PERFORMANCE OF THE PLATFORM; 4) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR 5) THAT ANY CONTENT, MATERIAL, INFORMATION, OR DATA OBTAINED BY YOU THROUGH THE APPS IS ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APPS OR US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

DRILLSY USES REASONABLE EFFORTS TO MAINTAIN THE APPS BUT DRILLSY IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE APPS, OR ANY PART THEREOF, ANY CONTENT POSTED USING THE APPS, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE APPS MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: 1) EQUIPMENT MALFUNCTIONS; 2) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR 3) CAUSES BEYOND THE CONTROL OF DRILLSY OR WHICH ARE NOT FORESEEABLE BY US.

IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS SET FORTH HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT DRILLSY IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS THAT INVOLVE YOU OUTSIDE OF THE APPS, INCLUDING ANY AND ALL COMMUNICATIONS WITH A COACH, TRAINER, CONTENT CREATOR, INFLUENCER, DRILLSY STUDIO PARTNER, OUTSIDE OF THE SCOPE OF THESE TERMS OR THE APPS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES.

15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DRILLSY SHALL NOT BE LIABLE FOR ANY INJURY YOU MAY SUSTAIN OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE APPS OR ANY FEATURES, INFORMATION OR MATERIALS PROVIDED ON THE APPS AND SITE, OR COMMUNICATIONS RELATED TO DRILLSY, EVEN IF DRILLSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DRILLSY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE APPS.

16. Termination. These Terms are effective upon your acceptance and will continue in full force until terminated as set forth herein. You agree that Drillsy may terminate your use of the Apps, or any part thereof, or remove, discard, or discontinue providing any Service, Content or portion of the Apps, without notice. You may terminate these Terms at any time by discontinuing your use of the Apps and destroying all materials, including any User Content, that you obtained from the Apps and any related documentation. Your access to the Apps may be suspended or terminated immediately without notice from us, in our sole discretion, if you fail to comply with any term or provision of these Terms. Upon termination, you must cease use of the Apps and destroy all materials, including Content, obtained via the Apps and all copies thereof.

17. Release and Indemnification. You agree to release Drillsy, its members, officers, directors, employees, and agents from any and all liability and obligations whatsoever in connection with or arising out of your use of the the Apps. If, at any time, you are not satisfied with the Apps or any related services, your sole remedy is cessation of use of the Apps and such Services. You agree to defend, indemnify, and hold harmless Drillsy, its officers, directors, employees, agents, shareholders, licensors, and suppliers from and against any and all claims, actions, demands, obligations, losses, liabilities, expenses, and costs, including reasonable attorneys' fees, arising from 1) your access or use of the Apps; 2) breach of these Terms; 3) infringement or misappropriation of any intellectual property or other rights of Drillsy or third parties by you; or 4) any negligence or willful misconduct by you.

18. ARBITRATION AGREEMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to 1) these Terms or the breach, termination, enforcement, interpretation or validity thereof; or 2) the use of the Services and Apps (each, a "Dispute" and collectively, the "Disputes") will be resolved solely by binding, individual arbitration, and not in a class, representative or consolidated action or proceeding. You and Drillsy agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that YOU AND DRILLSY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. Arbitration Agreement. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: 1) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; 2) access to or use of the the Apps, including receipt of any advertising or marketing communications; 3) any transactions through, by, or using the Apps; or 4) any other aspect of your relationship or transactions with us, directly or indirectly, as a User or consumer (each, a "Claim," and, collectively, "Claims"). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.

  2. Opting Out of Arbitration Agreement. If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at marianne@drillsyfitness.com with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.

  3. Dispute-Resolution Process. For any Claim, you will first contact us at marianne@drillsyfitness.com and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the "Arbitrator"), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the "Rules"), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or Orange County, CA, unless you and Drillsy agree otherwise. If you are using the Apps for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If you are an individual using the Apps for non-commercial purposes: 1) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; 2) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys' fees, and your reasonable costs for expert and other witnesses; and 3) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and We agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

  4. No Class Action. YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US MAY ONLY BE BROUGHT INDIVIDUALLY AND YOU WILL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. BY ACCEPTING THESE TERMS, YOU AND DRILLSY ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION.

  5. Severability. If any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties' ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.

  6. Equitable Relief. NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.

19. Text Messaging and Calls.

  1. General. You may provide us with your telephone number as part of creating your User Account or otherwise. By providing a telephone number, you consent to receiving autodialed or prerecorded calls and/or text messages from us, or on our behalf, at such telephone number. We may place such calls or send such texts to 1) help keep your Account secure through the use of multi-factor authentication ("MFA"); 2) help you access your Account if you are experiencing difficulties; and/or 3) as otherwise necessary to service your account or enforce these Terms, our policies, Applicable Law, or any other agreement we may have with you. Part of the MFA identity-verification process may involve Drillsy sending text messages containing security codes to the telephone number you provided, and you agree to receive such texts from or on behalf of Drillsy.

  2. Consent to Transactional Communications. You expressly consent and agree to Drillsy contacting you using written, electronic, and/or verbal means, including manual dialing, emails, prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account, and as permitted by Applicable Law, in each case even if the phone number is registered on any United States federal and/or state Do-Not-Call/Do-Not-email registry/ies. Message and data rates apply. For purposes of clarity, the text messages described in this paragraph are transactional text messages, not promotional text messages.

20. Notifications. We may provide notifications, whether such notifications are required by Applicable Law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on the Apps, as we determine, in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification, as required under Applicable Law or as described in these Terms. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the 'last modified' date at the top of this page and notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of the Apps effective as of the start of your access to the Apps, even if such access began before publication of these Terms. You should review these Terms regularly. Your continued access or use of the Apps after the Terms have been revised constitutes your express consent to the modified Terms.

21. California Residents. The provider of the Drillsy is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Contact Us: Should you have any questions or issues related to these Terms or the Apps, send us an emai: marianne@drillsyfitness.com . Or please contact us at:

Forward Facing Dog, LLC (Drillsy)

Attn: Terms of Service
15 Christopher St.
Ladera Ranch, CA 92694