Setwell Terms of Service
These Terms of Service (“Terms”) are a legal agreement between you and Total Safety Solutions LLC (“we,” “us,” or “our”) governing your use of the Setwell mobile application and related services (the “App”). Please read them carefully. Our Privacy Policy is incorporated into these Terms by reference.
1. Acceptance of these Terms
By downloading, installing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.
2. Eligibility
You must be at least 13 years old (or the minimum age of digital consent in your country) to use the App. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or legal guardian who agrees to these Terms.
3. Health & fitness disclaimer — please read
Setwell is a workout-logging tool, not a medical device or a source of medical, health, or professional fitness advice.
Consult a qualified physician or healthcare professional before beginning any exercise program, changing your routine, or acting on any information tracked in the App — especially if you have a medical condition, are pregnant, are injured, or are taking medication.
Exercise carries an inherent risk of injury. You are solely responsible for exercising safely and within your own limits, and you assume all risks associated with your physical activity. Stop immediately and seek medical attention if you experience pain, dizziness, shortness of breath, or discomfort. We are not responsible for any injury, health condition, or loss that results from your use of the App or from any activity you perform.
4. Your account
You can use the App without an account, in which case your data stays on your device. If you create an account to sync your data, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly at clay@cybersafetycop.com of any unauthorized use. You must provide accurate information and keep it up to date.
5. License to use the App
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for your own personal, non-commercial purposes. We reserve all rights not expressly granted.
6. Acceptable use
You agree not to:
- Use the App for any unlawful purpose or in violation of these Terms;
- Reverse engineer, decompile, or attempt to extract source code, except where such restriction is prohibited by law;
- Interfere with, disrupt, overload, or attempt to gain unauthorized access to the App, our servers, or other users’ data;
- Upload or share content that is unlawful, infringing, or that you do not have the right to share;
- Use the App to build or train a competing product or to scrape or harvest data.
7. Your content
You retain ownership of the workout data and other content you create in the App (“Your Content”). You grant us a limited license to host, store, transmit, and process Your Content solely to provide the App’s features to you (for example, to sync it across your devices), as described in our Privacy Policy. You are responsible for Your Content and for keeping your own backups where important to you.
8. Sharing feature
The App lets you share a workout by generating a shareable code or link. When you share, you are responsible for who you send it to. Workout codes are transferred directly between users and are not reviewed by us. Importing a shared workout adds it to your own device; you are responsible for content you choose to import.
9. Third-party services
The App relies on third-party services, including cloud hosting and authentication (for example, Apple, Google, and our infrastructure provider). Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services and do not control them. The App is also made available through the Apple App Store and Google Play, and your use is additionally subject to those platforms’ terms.
10. Apple App Store additional terms
If you obtained the App from the Apple App Store, you acknowledge that these Terms are between you and us only, not Apple, and that Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. Apple is a third-party beneficiary of these Terms and may enforce them against you. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
11. Fees
The App is currently provided free of charge. If we introduce paid features in the future, we will present the applicable pricing and terms before you incur any charge, and purchases will be processed by the applicable app store.
12. Termination
You may stop using the App at any time and may delete your account from within the App (Account settings) or by contacting us. We may suspend or terminate your access if you violate these Terms or to protect the App or its users. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, and indemnification — will survive.
13. Disclaimers
The App is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or that data will never be lost. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
14. Limitation of liability
To the maximum extent permitted by law, Total Safety Solutions LLC and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or related to your use of (or inability to use) the App. To the maximum extent permitted by law, our total liability for all claims relating to the App will not exceed the greater of the amount you paid us for the App in the 12 months before the claim, or USD $50.
15. Indemnification
You agree to indemnify and hold harmless Total Safety Solutions LLC} from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the App, your violation of these Terms, or your violation of any law or the rights of a third party.
16. Changes to the App or these Terms
We may modify or discontinue the App, or update these Terms, at any time. When we make material changes to these Terms, we will update the “Last updated” date and, where appropriate, notify you in the App. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.
17. Governing law
These Terms are governed by the laws of Orange County, California, without regard to its conflict-of-laws rules. You agree that any dispute will be resolved in the courts located in Orange County, California, except where prohibited by applicable law, and subject to any mandatory consumer-protection rights you have in your country of residence.
18. Contact
Questions about these Terms? Contact us at:
- Total Safety Solutions LLC
- Email: clay@cybersafetycop.com
- 31441 Santa Margarita Pkwy Ste A-113
Rancho Santa Margarita, CA 92688
United States