Terms of Service

1.1 These Terms of Service ("Terms") govern your access to and use of the Atlas application, website, and related services (collectively, the "Service") provided by SigmaTools, LLC ("Atlas", "we", "us"). By creating an account, installing the app, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1.2 Documents that are part of these Terms. The following are incorporated into and form part of these Terms as if fully set out here: the Health & Fitness Disclaimer, the Community Guidelines, the Child Safety Standards, and the DMCA & Copyright Policy. Our Privacy Policy describes how we handle your information and is incorporated for that purpose.

1.3 What these Terms reach. Every reference in these Terms to "these Terms" includes the documents incorporated in Section 1.2. The releases, disclaimers, limitations of liability, indemnity, and dispute-resolution provisions of these Terms apply to every claim arising out of or relating to the Service, these Terms, or any incorporated document, whatever the legal theory, including claims for personal injury, wrongful death, negligence, product liability, and strict liability, in each case subject to the exceptions, savings clauses, and non-waivable rights stated in Sections 8, 10, and 12.

1.4 Conflicts. If an incorporated document conflicts with a numbered section of these Terms, the numbered section controls, except that the Health & Fitness Disclaimer controls as to the specific health and safety statements it makes.

You must be at least 13 years old to use the Service. We ask for your date of birth and may also receive age-range or parental-consent status signals from the app store or operating system to help confirm eligibility. The Service is not directed to children under 13, and we do not knowingly create accounts for them. If you are under the age of majority in your jurisdiction, you may use the Service only with the involvement and consent of a parent or legal guardian where required by applicable law or by our age-assurance flow. When we require parental consent, the parent or legal guardian must complete the consent step presented by the Service. Nothing in these Terms is intended to waive or limit any right of a minor that applicable law does not permit a parent, guardian, or minor to waive or limit.

Social features that make a profile public or discoverable to other users are limited to users 18 and older; accounts for users under 18 remain private. You represent that you have not been previously suspended or removed from the Service.

Atlas offers a free tier and one or more paid subscription tiers ("Premium"). Premium subscriptions auto-renew at the rate disclosed at checkout until cancelled. You can cancel at any time from your account settings or, for app-store purchases, from the platform's subscription manager.

Atlas's 14-day free trial does not require a card and does not convert into anything. It starts on its own when you first open the app, and when it ends the app simply returns to the free tier until you choose to subscribe. Nothing is charged and nothing renews unless you actively start a subscription. If a future promotion offers a card-backed trial that auto-converts, we will say so clearly at the point of sign-up.

How to cancel. If you subscribed through the Apple App Store or Google Play, your subscription is billed and managed by that store - you must cancel it in your device's Subscriptions settings. We cannot cancel a store subscription on your behalf, and deleting your Atlas account does not stop store billing. Subscriptions purchased on the web are cancelled from your account settings.

Cloud sync (backing up and syncing your data across devices) is a Premium feature. On the free tier your data is stored locally on your device only.

Refunds are handled in accordance with the policy of the platform you purchased through (Apple App Store, Google Play, or our payment processor). Where local law requires a different refund right, that local law controls.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own non-commercial fitness tracking. You may not:

• Copy, modify, reverse engineer, or create derivative works of the Service;
• Scrape, crawl, or extract data from the Service except via features we provide for that purpose;
• Use the Service to develop a competing product or service;
• Resell, sublicense, or commercially exploit any part of the Service.

On the free tier your workout history stays on your device and is not uploaded to our servers. Every account, free or paid, still has a profile record on our servers (see our Privacy Policy for exactly what that holds), and anything you post socially is on our servers by definition. The license below applies to content you actually submit to the Service (for example, when you use cloud sync, post to social features, or upload a photo or video).

You retain ownership of the workout data, notes, photos, videos, and other content you submit ("User Content"). By submitting User Content, you grant Atlas a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, and display that content as necessary to operate the Service - including generating share cards, computing aggregate statistics, and rendering the in-app progress views.

Share cards and other images Atlas generates from your User Content are yours to post freely. You agree not to upload content that is unlawful, infringes another's rights, or violates the rights of third parties (including their right of publicity).

Photos and images you upload. Some features let you upload photos and videos that can be seen by other users. You keep ownership of the photos and videos you upload. By uploading a photo or video, you grant Atlas the worldwide, non-exclusive, royalty-free license described above to host, store, process, scan, re-encode, and display that photo or video as needed to operate the Service and to keep it safe. This license ends when you delete the photo or video or your account, except for copies retained to comply with law or that have already been shared with others.

Your responsibilities. You may only upload photos or videos that you took or own, or that you have permission to share, and that follow our Community Guidelines. You are responsible for the photos and videos you upload. Do not upload media that infringe someone else's rights, that expose another person's private information, or that depict other people without their consent.

We scan, moderate, and may remove content. To keep the Service safe, photos you upload are processed before they can be shown to other users. We strip location and other embedded metadata on upload, run automated content-safety checks (including an automated explicit-content classifier), and hold uploads for review. An uploaded photo is not visible to other users unless and until it passes review; if a check fails or is uncertain, the photo stays held and may be removed. We may hold, remove, or refuse to display any content, and we may suspend or permanently terminate accounts that violate these Terms, at our discretion. Use the in-app report and block tools to flag anything that violates these rules, and we will review and act on valid reports.

User content and our role. Atlas hosts content created by its users, and users are responsible for the content they submit. Atlas does not adopt or endorse User Content merely because it is hosted, screened, displayed, or moderated through the Service. We have the right, but not the obligation, to monitor, pre-screen, review, or remove User Content, and any decision to hold, remove, or decline to display content is made at our discretion and is not an admission of any fact or liability. We are not responsible for the conduct or content of any user of the Service.

Zero tolerance for objectionable content and abusive behavior. There is zero tolerance for objectionable content or abusive behavior. You may not post, share, or transmit content that is unlawful, hateful, harassing, threatening, defamatory, sexually explicit, or that degrades or abuses other people. You may not harass, bully, impersonate, or abuse other users. We may remove content and suspend or permanently terminate accounts that violate this, at our discretion and without notice.

Child safety - zero tolerance. Content that sexually exploits or endangers a minor, including any child sexual abuse material (CSAM), is absolutely prohibited. When we identify apparent CSAM, we preserve the relevant content and account information, report it to the National Center for Missing & Exploited Children (NCMEC) as required by US law, cooperate with law enforcement, and permanently ban the account.

Copyright. If you believe content on Atlas infringes your copyright, you can send a takedown notice to our designated agent. See our DMCA & Copyright page for the notice and counter-notice process.

7.1 Atlas is a training log, not a medical service. The Service is provided for general informational and educational purposes only. It is not a medical device and is not intended to diagnose, cure, mitigate, treat, or prevent any disease or medical condition. We are not a healthcare provider, physician, physical therapist, dietitian, or certified trainer, and using the Service does not create any provider-patient or professional relationship between you and us.

7.2 This applies to everything the Service shows you, whatever its source. This Section applies to Atlas's own outputs (including Smart Coach, achievement targets, estimated one-rep-max figures, load and rep suggestions, and recovery hints), to the classic training splits included in the app, to routines and workouts authored and shared by other users, and to anything appearing in posts, comments, captions, photos, or videos. Atlas does not author, review for safety, verify, or endorse content created by other users.

7.3 What our numbers are. Every training figure Atlas shows you is either a record of a set you entered yourself or an arithmetic projection from sets you entered yourself, computed by fixed published formulas. Atlas additionally displays values measured by your device rather than typed by you: distance and duration from GPS during an outdoor cardio session, and heart rate and active energy from a paired watch. They are statistical estimates, not prescriptions. Atlas does not know your sleep, nutrition, stress, joint history, medications, or how your body feels today, and it never asks for or uses any health condition, injury, or pregnancy status in any calculation.

7.4 Follow your clinician, not us. If anything in the Service conflicts with guidance from your physician or another qualified healthcare professional, follow your professional's guidance. Read our full Health & Fitness Disclaimer before starting or modifying any exercise program. Consult a physician if you are pregnant, recovering from injury, or have a medical condition affected by exercise.

8.1 Strength training is inherently dangerous. You acknowledge that resistance training, cardio, and any other physical activity you perform while using or in connection with the Service involve inherent and significant risks. Those risks include muscle and tendon strains and tears, ligament and joint damage, spinal and disc injury, dropped or mishandled loads, equipment failure, falls, cardiac events, heat illness, dehydration, aggravation of pre-existing conditions, permanent disability, and death. These risks exist whether or not you use Atlas, and whether or not you follow anything Atlas shows you.

8.2 You assume those risks. You voluntarily assume all risks of physical activity, both known and unknown, arising from or related to your training. You alone decide what to lift, how much, how many repetitions to attempt, when to stop, and whether to train at all. You alone are responsible for your warm-up, your form, your spotter, your safety pins or bumper plates, the condition of your equipment, and the safety of the space you train in. Atlas does not supervise, coach, spot, inspect, or observe you and cannot do so.

8.3 Atlas never tells you to lift anything. Nothing the Service displays is an instruction, prescription, or direction to attempt any particular exercise, load, or repetition. The decision to attempt any lift is yours alone.

8.4 Release, including of our negligence. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SIGMATOOLS, LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS (THE "ATLAS PARTIES") FROM AND FOR ANY CLAIM, DEMAND, CAUSE OF ACTION, INJURY, DAMAGE, LOSS, OR EXPENSE OF ANY KIND, TO YOU OR YOUR PROPERTY, ARISING OUT OF OR RELATING TO PHYSICAL ACTIVITY YOU PERFORM WHILE USING OR IN CONNECTION WITH THE SERVICE, INCLUDING ANY SUCH CLAIM CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY OF THE ATLAS PARTIES. THIS RELEASE IS SUBJECT TO THE EXCEPTIONS IN SECTION 10 (LIMITATION OF LIABILITY) AND DOES NOT APPLY WHERE APPLICABLE LAW DOES NOT PERMIT IT. THIS RELEASE DOES NOT APPLY TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO ANY CLAIM OR RIGHT THAT APPLICABLE LAW DOES NOT ALLOW TO BE RELEASED, INCLUDING ANY NON-WAIVABLE RIGHT OF A MINOR.

8.5 Your health representation. By using the Service you represent that you are physically able to participate in strength training and that either (a) you have no medical condition, injury, pregnancy, or medication that makes exercise unsafe for you, or (b) you have consulted a licensed healthcare professional who reviewed your circumstances and approved your participation. If that representation stops being true, you agree to stop using the Service for training until it is true again.

8.6 Binding on your estate. This Section applies to you and to your heirs, executors, administrators, personal representatives, next of kin, and anyone claiming through or on your behalf.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING.

We do not warrant that the Service will be uninterrupted, secure, or error-free; that the data will be accurate or reliable; or that any defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATLAS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service; or
• Unauthorized access, use, or alteration of your transmissions or content.

10.2 IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.3 Exceptions. Nothing in these Terms excludes or limits our liability for:

• fraud or fraudulent misrepresentation;
• our gross negligence or willful misconduct;
• any liability that applicable law does not permit to be excluded or limited, including any non-waivable right you have as a consumer under the law of your state, province, or country; and
• for users resident in the United Kingdom, the European Economic Area, Switzerland, Australia, New Zealand, or Canada, death or personal injury caused by our negligence, and any statutory consumer guarantee, product liability, or non-excludable consumer right applicable to you.

Where any of the above applies, the exclusions and the monetary cap in this Section do not apply to that liability. The remainder of this Section continues to apply in full to all other liability.

10.4 Savings and severance. If any part of this Section is held unenforceable, that part is severed or reduced to the minimum extent necessary, every other part continues in full force independently, and our liability is limited to the greatest extent permitted by applicable law. If you live in a jurisdiction that does not permit the exclusion of certain damages or the limitation of certain liabilities, those particular exclusions or limitations do not apply to you and all others remain in effect.

10.5 Basis of the bargain. You and we agree that the allocation of risk in Sections 8, 9, 10, and 11 is a fundamental basis of this agreement, that we would not provide the Service on these terms without it, and that the exclusions and limitations in this Section apply even if a limited remedy is found to have failed of its essential purpose.

You agree to defend, indemnify, and hold harmless the Atlas Parties (as defined in Section 8) from and against any claims, damages, obligations, losses, liabilities, costs, or debt (including attorneys' fees) arising from: (a) your use of and access to the Service; (b) your violation of these Terms; (c) your violation of any third-party right; (d) any content you post, upload, or share, including photos, videos, comments, captions, and routines; or (e) any physical activity you perform in connection with the Service.

We will notify you of any claim for which we seek indemnity and may, at our option, assume the defense of that claim with counsel of our choosing. You will cooperate with that defense and will not settle any claim in a way that imposes any obligation or admission on us without our prior written consent. This Section does not apply to any claim to the extent it is caused by our own gross negligence or willful misconduct.

Please read this section carefully - it affects your legal rights.

Except for claims that may be brought in small-claims court, you and Atlas agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration administered by JAMS under its then-current rules. The arbitration will be conducted in the English language. The seat of arbitration will be Austin, Texas, unless we mutually agree otherwise or applicable law requires a different location.

You and Atlas waive any right to a jury trial and to participate in a class action, collective action, or representative proceeding. The arbitrator may award only individual relief and may not consolidate more than one person's claims.

Unless you and we agree otherwise, any arbitration hearing will be conducted remotely by videoconference or, at your election, in the county where you live. If the JAMS Consumer Arbitration Minimum Standards apply, you will not be required to pay more than the consumer filing amount required by those standards, and Atlas will pay the remaining JAMS filing, administrative, case-management, and arbitrator fees required of the company. The designation of Austin, Texas as the arbitral seat does not require a consumer to travel to Texas or prevent a remote hearing or hearing in the consumer's home county.

You may opt out of this arbitration agreement by emailing us within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, the date you first accepted these Terms, and a clear statement that you want to opt out.

Severability within this Section. If any part of this Section other than the class-action waiver is found unenforceable, that part will be severed and the rest of this Section will continue to apply. If the class-action waiver itself is found unenforceable as to a particular claim, then this entire Section is null and void as to that claim, and that claim must proceed in court under Section 15 (Governing Law), not in arbitration on a class, collective, or representative basis. This rule, and not Section 18.1, governs the severability of this Section.

16.1 In this Section, "Store" means any app marketplace through which the Atlas application is made available, including the Apple App Store and Google Play, and "Store Operator" means the operator of that Store.

16.2 What governs what. Your license to install and run the Atlas application on a device is governed by the Store Operator's own end user license agreement (for the Apple App Store, Apple's Standard End User License Agreement). These Terms govern the Atlas Service - your account, your data, subscriptions purchased through us, content you post, and the social features. Where the Store Operator's license agreement and these Terms conflict as to the device license itself, that license agreement controls; these Terms control as to everything else.

16.3 These Terms are between you and SigmaTools, LLC only, and are not an agreement with any Store Operator. SigmaTools, and not the Store Operator, is solely responsible for the Atlas application and its content. The Store Operator has no obligation to furnish maintenance or support for the application.

16.4 We, and not the Store Operator, are responsible for addressing any claim by you or a third party relating to the application or your possession or use of it, including product liability claims, claims that the application fails to conform to a legal or regulatory requirement, claims arising under consumer protection or privacy legislation, and third-party intellectual property claims.

16.5 You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

16.6 Third-party beneficiaries. Each Store Operator and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license to use the application, and may enforce these Terms against you in that capacity.

If you join the Atlas affiliate program (the "Program"), the following terms apply in addition to the rest of these Terms. Atlas does not currently offer a paid creator marketplace; any future creator program may be subject to separate eligibility requirements and additional terms before participation. For a plain-language operator guide to the Program - including FTC disclosure requirements, prohibited conduct, and how commissions are paid - see our Affiliate Program Terms & Policies; if anything there conflicts with this Section 17 (Affiliate Program), this Section 17 controls.

• Commissions. The Program lets you earn a commission on qualifying paid subscriptions from users you refer. The current rate, recurring duration, minimum payout, and holding periods are shown in-app and may change over time. Commissions accrue only on genuine, completed paid conversions and are subject to refund, chargeback, and cancellation clawbacks, and to holding periods before they become payable.
• Recurring commissions are not a guarantee. Where we describe commissions as "recurring," "ongoing," or similar, we mean for as long as (a) the referred subscription stays active and paid, (b) the Program continues to operate, and (c) you remain an affiliate in good standing and meet any activity requirements shown in-app. It is not a promise of perpetual or guaranteed payment, and you may not describe the Program as paying "for life" or "lifetime" commissions.
• We may change or end the Program at any time. We may modify, suspend, or terminate the Program, any commission rate, the recurring duration, eligibility, or any other Program term, in whole or in part, at any time and for any reason, with or without notice. Changes apply going forward.
• Conduct and fraud. You may not refer yourself, create fake or incentivized signups, or use spam, misleading claims, trademark bidding, cookie-stuffing, or any other deceptive or unlawful method. We may withhold, reduce, reverse, or claw back commissions, and suspend or remove you from the Program, for any actual or suspected fraud, abuse, or violation of these Terms, in our sole discretion. Self-referrals earn no commission.
• Required disclosures. You must clearly and conspicuously disclose your affiliate relationship wherever you promote Atlas (for example, "#ad" or "affiliate link"), in compliance with the FTC Endorsement Guides and all applicable laws. You must also follow our published claim restrictions and any corrective instructions we provide. We may require you to edit or remove promotional content, suspend referral links or payouts while a violation is reviewed, and terminate participation for repeated or material violations.
• Payouts and taxes. Payouts are made through our third-party processor once your cleared balance meets the minimum. Payout eligibility is available in the countries supported by our payments partner (Stripe Connect); payouts are made in US dollars and require valid tax and payout information. You participate as an independent contractor, not an employee, agent, or partner of Atlas, and you are solely responsible for your own taxes; we or our processor may issue tax forms (such as a 1099) as required by law. Negative balances from clawbacks may be offset against future commissions.
• No authority. You may not make any representation, warranty, or commitment on behalf of Atlas, or use our name or brand except as we expressly permit.

18.1 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, including on grounds of unconscionability, that provision will first be modified to the minimum extent necessary to make it enforceable while giving effect to the parties' original intent, and if it cannot be so modified it will be severed. In either case the remaining provisions continue in full force, and each of Section 8 (Assumption of Risk and Release), Section 10 (Limitation of Liability), Section 11 (Indemnification), and Section 12 (Dispute Resolution) is intended to be independently enforceable, so that the invalidity of any one does not affect the others. This Section 18.1 does not apply to Section 12, which contains its own severability rule.

18.2 Survival. The following survive termination of your account or these Terms, by number and name: Section 6 (User Content, as to licenses granted before termination), Section 7 (Health and Fitness), Section 8 (Assumption of Risk and Release), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 12 (Dispute Resolution), Section 15 (Governing Law), Section 16 (Apps Obtained Through an App Store), and this Section 18. If a number and a name in this list ever disagree, the name controls.

18.3 Entire agreement. These Terms, together with the documents incorporated in Section 1.2, are the entire agreement between you and us about the Service and supersede any prior understanding on that subject.

18.4 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law. These Terms bind and benefit the parties and their permitted successors, heirs, and assigns.

18.5 No waiver. Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless in writing.

18.6 Notices. We may give you notice by email to the address on your account, by posting in the Service, or by updating these Terms. You may give us notice at the address in Section 19.