Terms of Service

App: MomGainz Developer: The Yard Apps, a sole proprietorship owned by Michael Douglas Calabrese Contact: [email protected] Effective Date: 2026-04-24

1. Agreement to Terms

These Terms of Service ("Terms") are a binding legal contract between you ("User," "you") and Michael Douglas Calabrese doing business as The Yard Apps ("The Yard Apps," "we," "us," "our"), governing your download, installation, and use of the MomGainz mobile application ("App"). By downloading, installing, or using the App, you expressly agree to these Terms. If you do not agree — including the binding arbitration and class action waiver provisions in Section 14 — do not install or use the App.

These Terms contain important provisions, including a class action waiver and binding arbitration requirement, that affect your legal rights and remedies. Please read carefully.

2. User Representations and Eligibility

By using the App, you represent and warrant that:

a. You are at least 18 years of age. The App is intended for adult users only.

b. You are not currently pregnant. The App is NOT designed for prenatal use. If you are pregnant, you must discontinue use immediately and consult a prenatal-qualified fitness professional instead.

c. You have either consulted a physician or other qualified healthcare provider regarding your readiness to engage in physical exercise, OR you represent that you have no medical condition, injury, or health concern that could make exercise unsafe for you.

d. If you have given birth within the past 6 weeks, you have received clinical clearance from your OB, midwife, or other qualified clinician to resume physical activity.

e. You will use the App in compliance with all applicable laws and these Terms.

f. The information you provide to or input into the App is true and accurate to the best of your knowledge.

3. Not Medical Advice

MomGainz is not a medical application and does not provide medical advice, diagnosis, or treatment.

All content in the App — including exercise descriptions, workout suggestions, postpartum tier recommendations, diastasis self-check guidance, AI Coach chat responses, and any other information — is provided for general informational and fitness purposes only. Nothing in the App:

• Constitutes medical advice, diagnosis, or treatment
• Is a recommendation for any specific exercise, program, or physical activity for your particular body or condition
• Substitutes for professional medical advice, diagnosis, or treatment
• Replaces consultation with a qualified healthcare provider, physical therapist, pelvic floor specialist, or OB/midwife

Always consult a qualified physician or other licensed healthcare provider before beginning, changing, or stopping any exercise program, particularly if you are postpartum, have or suspect a medical condition, or experience any symptoms (including but not limited to pain, bleeding, leaking, shortness of breath, or dizziness) during or after exercise.

Never disregard, delay, or refuse professional medical advice because of something you read, saw, or generated in this App.

4. Diastasis Self-Check Disclaimer

The App includes an optional diastasis recti self-check feature. This is a simplified, at-home finger-palpation guide intended only for general awareness. It is not a diagnostic tool, its results should not be relied upon as a definitive measure of abdominal separation, and any result should be confirmed with a qualified women's health physical therapist or physician. The self-check does not account for individual anatomy, technique errors, underlying pathology, or other factors a clinician would evaluate.

5. Postpartum Tier Selection

The App includes a four-tier postpartum-aware filtering system (0–6 / 6–12 / 12–52 / 52+ weeks). Tier selection is self-reported by you and the App cannot verify:

• The actual time elapsed since your delivery
• Whether you have received clinical clearance to resume the level of exercise the tier permits
• Whether your individual recovery trajectory aligns with typical postpartum timelines
• Any complications, C-section recovery, diastasis, pelvic floor dysfunction, or other conditions that may require additional precautions

You are solely responsible for the accuracy of your tier selection and for obtaining appropriate clinical clearance for the exercises the tier permits. If in doubt, select a more conservative tier or consult a clinician before use.

6. AI-Generated Content

MomGainz includes AI-powered features — AI Coach chat, AI Workout Generator, Program Builder, and Weekly Check-in — that produce responses using a large language model hosted by a third-party provider. All AI-generated content is machine-generated, informational only, and not guaranteed to be accurate, safe, current, or appropriate for your specific situation.

You acknowledge that AI-generated workouts, coaching responses, and recommendations:

• Are not medical, physical therapy, or professional fitness advice
• May contain errors, outdated information, or recommendations that are not suited to your body, injuries, pregnancy status, postpartum timeline, or experience level
• Should always be evaluated by you (or a qualified professional) before acting on them
• May occasionally fail to trigger safety guardrails or route appropriately, despite our best efforts

Use of AI features involves the transmission of limited training data to our backend AI provider. This is described in our Privacy Policy at https://momgainz.com/privacy. You may use MomGainz without AI features if you prefer not to transmit any data to third parties.

7. Release, Waiver, and Assumption of Risk

Physical exercise involves inherent risks, including but not limited to: musculoskeletal injury, cardiovascular events, falls, pelvic floor dysfunction, diastasis worsening, postpartum complications, and in rare cases death.

BY DOWNLOADING AND USING MOMGAINZ TO LOG, PLAN, OR GUIDE ANY PHYSICAL ACTIVITY, YOU HEREBY VOLUNTARILY AND KNOWINGLY WAIVE, RELEASE, AND DISCHARGE The Yard Apps, its owner, agents, successors, and assigns from any and all claims, demands, liabilities, causes of action, damages, costs, and expenses (including attorneys' fees), of any kind or nature, whether known or unknown, that you or your heirs, executors, administrators, representatives, or assigns may now or in the future have against The Yard Apps, arising out of or in any way related to your use of the App, any exercise you perform based on or in connection with the App, any recommendation or content generated by the App (including AI-generated content), or any other act or omission related to the App.

You further agree that The Yard Apps is not responsible or liable for:

• Any injury, illness, adverse health outcome, miscarriage, complication, or other harm resulting from your use of the App or any physical activity you undertake
• The accuracy, appropriateness, or completeness of any exercise, recommendation, tier assignment, or other information in the App for your specific circumstances
• Any decision you make regarding your fitness, health, or medical care based on use of the App

You expressly acknowledge that you are solely responsible for assessing your own physical condition, obtaining any medical or clinical clearance required before exercising, and the risks involved in any exercise you perform.

8. Use of the App

MomGainz is licensed to you for personal, non-commercial use. You agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive source code
• Use the App for any unlawful purpose
• Extract, copy, redistribute, or reuse any portion of the App's code, content, or assets without written permission
• Circumvent usage limits, rate limits, paywalls, or security measures
• Use the App to harass, threaten, or harm anyone, or submit content that is unlawful, defamatory, or infringing
• Impersonate any person or misrepresent your affiliation with any person or entity

9. Subscriptions and Auto-Renewal

MomGainz offers an optional MomGainz Premium subscription that unlocks unlimited use of the AI-powered features (AI Coach, AI Workout Generator, AI Program Builder, and weekly AI recap). The core app — manual workout logging, progress tracking, exercise library — remains free.

Subscription terms:

• Billing. Subscriptions are billed through your Google Play account. Current prices are shown in the App at the point of purchase. Payment will be charged to your Google Play account at confirmation of purchase.
• Auto-renewal. Subscriptions automatically renew at the end of each billing period (monthly or annual, depending on the plan you chose) unless you cancel at least 24 hours before the current period ends. The renewal charge will match the then-current price of the same plan.
• Managing your subscription. You can view, cancel, or change your subscription at any time at play.google.com/store/account/subscriptions. Cancelling turns off auto-renewal; your paid access continues until the end of the already-paid period.
• Refunds. Refunds are handled through Google Play's refund policy. We do not process refunds directly.
• Free-tier limits. Users who do not subscribe retain access to a small daily allowance of AI features (currently 3 AI Coach messages per day, resetting at midnight local time). The specific limits are disclosed in-app and may change.
• Fair-use daily limits (premium users). Premium users are subject to per-device daily fair-use caps on AI features (currently 100 AI Coach messages, 30 AI workout generations, and 20 AI program builder generations per day, resetting at midnight local time). These caps exist as a safety net against abuse of the shared AI backend, not to meter legitimate use.
• Changes to pricing. We may change subscription prices with reasonable advance notice. Price changes will not apply to an existing paid period.

No user accounts or credentials are required to subscribe; billing state is managed entirely by Google Play and tied to your Google account.

10. Intellectual Property

All content, design, code, graphics, sounds, and other materials in MomGainz are the property of The Yard Apps or its licensors and are protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property beyond the limited, revocable, non-transferable license to use the App as described herein.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF BUGS, VIRUSES, OR HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY CONTENT, INCLUDING AI-GENERATED CONTENT, WILL BE ACCURATE, COMPLETE, OR APPROPRIATE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE YARD APPS, ITS OWNER, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, REPUTATION, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Yard Apps, its owner, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the App; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) any content you submit, transmit, or input into the App; or (e) any physical activity you undertake in connection with the App.

14. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

a. Agreement to Arbitrate. Except for claims for injunctive relief related to intellectual property, all disputes, claims, or controversies arising out of or related to these Terms, the App, or your use of the App ("Disputes") shall be resolved exclusively through final, binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitrator shall have exclusive authority to resolve all issues, including the interpretation, applicability, and enforceability of this arbitration agreement.

b. Notice and Cure. Before initiating arbitration, you must first send a written notice of the Dispute to [email protected] describing the nature and basis of your claim and the specific relief you seek. We will have sixty (60) days from receipt to attempt in good faith to resolve the Dispute. You may initiate arbitration only after the 60 days have expired without resolution.

c. Class Action Waiver. YOU AND THE YARD APPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. No arbitrator or court has authority to consolidate more than one person's claims or preside over any form of class or representative proceeding.

d. Jury Trial Waiver. YOU AND THE YARD APPS KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

e. Small Claims Carve-Out. Nothing in this section prevents either party from bringing an individual claim in small claims court if the claim qualifies and remains in that forum.

f. 30-Day Opt-Out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of your first agreement to these Terms, stating your name and your intent to opt out. Opting out will not affect any other provision of these Terms.

15. Governing Law, Venue, and Severability

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. Except for Disputes subject to binding arbitration under Section 14, any lawsuit arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Bell County, Texas, and you consent to the exclusive jurisdiction and venue of those courts.

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified only to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

16. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide reasonable notice via in-app notification or at https://momgainz.com/terms and update the Effective Date at the top of this document at least seven (7) days before the change takes effect. Your continued use of the App after the Effective Date of the revised Terms constitutes acceptance. If you do not agree, you must discontinue use of the App.

17. Miscellaneous

• Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and The Yard Apps regarding the App.
• No Waiver. Our failure to enforce any provision shall not constitute a waiver of that provision.
• Assignment. You may not assign your rights or obligations under these Terms. We may assign these Terms without restriction.
• Export Compliance. You agree to comply with all applicable U.S. and foreign export and re-export restrictions and regulations.
• Relationship of Parties. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship.

Contact Us

For questions about these Terms, or to opt out of arbitration under Section 14(f):

Email: [email protected] Developer: The Yard Apps, a sole proprietorship owned by Michael Douglas Calabrese

Effective Date: 2026-04-24