App Terms of Service

Ten Percent Performance — App Terms of Service Effective date: 4 November 2026 Version: 1.2 These terms cover your use of the Ten Percent Performance app. The app is operated by Ten Percent Performance, LLC ("TPP", "we", "us"). By using the app you agree to these terms. If you do not agree to them, do not use the app — your gym membership is a separate arrangement and does not depend on it (section 2). Signing the member agreement in the app is a separate act with its own record; these terms bind you from the moment you use the app, whether or not you have signed anything. Separate documents cover other things, and all of them apply together: The Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement you signed in the app. That is the agreement about training itself. The App Privacy Policy, which says what the app collects and who sees it. The Fitness and Health Disclaimer. The Community Guidelines, which apply to anything you post. The Payment and Membership Disclosures. 1. Who may use the app The app is for members and coaches of Ten Percent Performance in Cranford, New Jersey. It is not a public fitness app. There is no sign-up for the general public: a coach sets up your member record, and you sign in with the phone number on it. You may use the app if: You are a current TPP member, or a TPP coach, admin or owner; and You have signed the current member agreement in the app; and You are 18 or older, or a parent or legal guardian has signed the member agreement on your behalf under its section 7. Members under 18. TPP does coach people under 18, and the member agreement's section 7 sets out how. Two things about the app in particular. First, sign-in is a phone number, so the account belongs to whoever holds that phone: a parent who signed the agreement does not get a view of their child's account from their own, because we have not built one. A parent exercising their right to see or delete what we hold about their child does it by asking us — see the Privacy Policy, section 9. Second, parts of the app are switched off for a member recorded as under 18, and for a member whose date of birth we do not hold. You sign in with your phone number and a one-time code sent to it by text. Keep control of your phone number. Anyone who controls your number can sign in as your account; there is no second factor. Do not let anyone else use your account, and tell us immediately if you lose your number or think someone else has got in. 2. Your gym membership and your app account are two different things This matters, so it is set out plainly: Your gym membership is the arrangement you have with TPP for coaching, classes or programming. It is bought and paid for outside the app, and the member agreement governs it. Your app account is the way you use this software to book, log and message. Consequences: Deleting your app account does not cancel your gym membership, does not stop any billing, and does not end the member agreement. If you want to leave the gym, speak to Pete. Online coaching has its own notice period in the member agreement (section 3.7.1: at least 14 days before your next billing date). Cancelling your gym membership does not automatically delete your app data. Ask us if you want it removed, or delete your account yourself. We may close or suspend your app account without ending your membership, and we may end your membership without closing your app account — though in practice one usually follows the other. 3. What the app does The app lets you book, move and cancel sessions within your membership's limits; see your programme and log your sets; log bodyweight, food, photos and check-ins; report pain or symptoms; message your coach; and read and post to the gym's community feed. The booking rules — how far ahead you can book, cancellation deadlines, no-shows, how sessions are deducted — are in the member agreement, section 3, and the app shows the deadline for each session beside its Cancel button. Where the agreement and the app differ for a particular session, the deadline shown in the app for that session governs (member agreement, section 3.1.4). We do not promise the app will always be available. It may be down for maintenance, broken by a change, or unreachable because of a provider outage. If a booking or cancellation does not show a confirmation, do not assume it went through — contact your coach (member agreement, section 3.9.2). We may change or remove features. We will not remove the ability to delete your account or to reach this policy. 4. Acceptable use Do not: Sign in as anyone else, or let anyone sign in as you. Try to reach another member's records, or any part of the app you have not been given access to — including by guessing addresses, altering requests, or using a coach-only route. Scrape, bulk-download, resell or republish the app's content or other members' content. Take apart, reverse-engineer or probe the app for weaknesses, except that if you find a security problem we would genuinely rather you told us than kept quiet. Report it to info@tenpercentperformancenj.com and do not use it to reach anyone else's data. We will not come after you for telling us. Automate the app — bots, scripts, scraping tools — including to grab class places. Book classes you do not intend to attend, or book on someone else's behalf without their say-so. Upload anything unlawful, or anything you do not have the right to upload. Upload a photograph of another member without their permission (see the Community Guidelines). Give other members medical advice (see the Community Guidelines). Use the app to harass, threaten or abuse anyone, including a coach. Interfere with the app's operation, or with anyone else's use of it. TPP's programming, training plans and nutrition programmes are confidential. Under the member agreement you have already agreed not to pass them to anyone else without TPP's written permission (sections 5.1 and 5.2). 5. Your content You keep ownership of what you write and upload. Your check-ins, logged sets, messages, photos and posts are yours. What you give us permission to do. So the app can work, you give TPP a non-exclusive, royalty-free licence to store, copy, display and transmit the things you put into the app, for these purposes only: To show your own content back to you. To show it to your coaches, so they can coach you. To show a community post, and any photo on it, to other TPP members in the feed. To let the companies that run the app on our behalf store and deliver it — our database, hosting, messaging and notification providers (see the Privacy Policy). That licence lasts while the content is in the app. It ends when you delete the content or your account, except for copies that have already been sent — a text message already delivered, a notification already pushed, an email already sent — and for the retention exceptions named in the Privacy Policy. This licence does not let us market with your content. Using photographs and video of you in TPP's own marketing is covered separately by section 4 of the member agreement, which was rewritten on 4 November 2026 to say what TPP actually does with photos. You can switch it off for the future by telling your coach in any way that reaches them — in person, by text, by email, it does not have to be in writing (member agreement, section 4.7) — and you can ask for a particular image to be taken down (section 4.8). Community posts in particular. Your first name and last initial are shown on a community post, together with your post and any photo. Other members can see it. Treat the feed as public to the gym. You are responsible for what you post, and you confirm you have the right to post it — including the right to post a photograph of anyone in it. 6. TPP's content The app itself, its design, its text, the exercise library, the educational material, the artwork and the TPP name, shield and logo are TPP's, or are used by TPP under a licence. Your permission to use any of it runs only as far as using the app as a member. You may not copy, republish or reuse it elsewhere. Being straight about one part of that: some of the artwork and graphics were made for TPP using design tools and AI image generators. United States copyright does not attach to material a machine generated without a human author, and TPP does not claim that it does. What stops you reusing TPP's artwork elsewhere is this agreement, not a copyright claim TPP has not established. Exercise demonstration videos are hosted on YouTube and play in YouTube's app or on its website. YouTube's own terms apply when you watch one there. 7. Moderation, suspension and termination You can stop whenever you like. Delete your account in Profile → Delete my account. Remember section 2: that does not cancel your gym membership. We can remove content. We may take down a post that breaks the Community Guidelines or these terms. We may act on a report from a member, or on our own. We can suspend or close your app account if you break these terms or the Community Guidelines, if we reasonably believe you are putting another member's safety or privacy at risk, if your membership ends, or if we are required to. For anything other than a serious or urgent case we will tell you why first and give you a chance to put it right. What happens to your data if we close your account: we keep it unless you ask us to delete it, or we delete it under the Privacy Policy. Ask and we will delete it. If you think we got it wrong. Email info@tenpercentperformancenj.com and say so. Peter Lopez, who owns the gym, reads those himself and will answer within seven days. He is the last word on it — TPP is one gym, not an appeals system, and pretending otherwise would be worse than saying so. 8. Health and safety The app is not a medical device and it does not give medical advice. Read the Fitness and Health Disclaimer — it is part of these terms. In short: exercise carries risk, nothing in the app diagnoses or treats anything, and if something hurts, stop and tell your coach. Reporting pain in the app is a way of getting it in front of a coach. It is not an emergency service and nobody is watching it in real time. If you need urgent help, call 911 or your doctor. 9. Payments The only thing the app itself charges for is a late-cancellation fee on a group class. It is taken through Stripe's hosted checkout page, which opens in your browser. Your gym membership is billed outside the app. The full detail is in the Payment and Membership Disclosures. 10. Limitation of liability This section is about the software. It sits alongside — and does not replace, narrow or widen — the assumption of risk, release and indemnity you agreed to in section 2 of the member agreement, which covers training itself and which already excludes TPP's gross negligence and intentional misconduct from its release. To the fullest extent the law allows: The app is provided as it is. We do not warrant that it will be uninterrupted, error-free, or that your records in it will always be complete or accurate. Your own judgement and your coach's instructions come first. We are not liable for indirect, incidental, special or consequential loss arising from your use of the app, including lost data, a missed session, a booking that did not go through, or a notification that did not arrive. We do not limit liability for gross negligence or intentional misconduct, for personal injury to the extent the law does not allow it to be limited, or for anything else the law does not allow us to limit. Nothing here takes away a right you have under New Jersey law that cannot be given up. There is no monetary cap on our liability, deliberately. We considered one and chose not to write it. A cap in an agreement between a gym and its members is often unenforceable anyway, and a figure invented to fill a blank tells you only what number we had in mind. Our protection is insurance, not a clause. 11. Governing law and disputes These terms are governed by the laws of the State of New Jersey, matching section 6.2 of the member agreement. TPP is a single gym in Cranford and its members train there, so New Jersey is where a dispute belongs. There is no arbitration clause, no class-action waiver, no jury-trial waiver, no venue selection and no shortened limitation period, and that is a decision rather than an omission. None of those exists in the member agreement either. A dispute between you and TPP goes to the ordinary courts, with whatever rights the law already gives you intact. Clauses of that kind are the most-fought-over part of consumer terms and a carelessly drafted one gets struck down anyway, which leaves everyone where silence would have left them — having also looked like TPP tried. 12. If you installed the app from the App Store or Google Play Apple requires any app with its own terms to carry a short set of clauses about Apple's position. They are not ours and they are not negotiable; they are here because the App Store requires them, and they apply only if you got the app from the App Store. This agreement is between you and TPP, not Apple. Apple is not a party to it. TPP, not Apple, is solely responsible for the app and its content. Your licence to use the app is a non-transferable licence to run it on an Apple-branded product you own or control, as permitted by the Usage Rules in Apple's Media Services Terms of Service. Support and maintenance are ours. Apple has no obligation to provide any support or maintenance for the app. Support is Pete, at info@tenpercentperformancenj.com. Warranty. TPP is solely responsible for any warranty, express or implied. The app is free, so there is no purchase price for Apple to refund; to the maximum extent permitted by law, Apple has no other warranty obligation at all in respect of the app. Claims about the app — product liability, a failure to meet a legal or regulatory requirement, a consumer-protection or privacy claim — are TPP's to answer, not Apple's. Third-party intellectual property claims. If anyone claims the app infringes their intellectual property, TPP, not Apple, is responsible for investigating, defending, settling and discharging that claim. Legal compliance. You confirm that you are not in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties. Apple may enforce these terms. Apple and its subsidiaries are third-party beneficiaries of these terms, and on your acceptance of them Apple has the right to enforce them against you as a third-party beneficiary. If you installed the app from Google Play, Google is likewise not a party to these terms and is not responsible for the app. Google Play's own terms govern the distribution of the app to your device. Contact for both stores: Ten Percent Performance, LLC, 1 Springfield Avenue, Cranford, NJ 07016, info@tenpercentperformancenj.com. 13. Indemnification Section 2.4.1 of the member agreement already covers training. This section is about the app, and it is narrower on purpose: it covers things you do with this software, not what happens to you in the gym. If someone else brings a claim against TPP because of something you did in the app, you agree to cover our reasonable costs of it, including reasonable legal fees. In practice that means a claim arising from: Something you posted or uploaded — in particular a photograph or video of another person that you did not have their permission to post; Your breach of these terms or the Community Guidelines; or Your use of another member's information for something other than what the app showed it to you for: contacting them, photographing them, or passing on what you learned about them by training alongside them. This does not apply: to anything arising from TPP's own negligence, gross negligence or intentional misconduct — the same carve-out the member agreement's section 2.4.1 already has; to a claim about the app itself — its design, its availability, or whether your records in it are accurate. That one is ours, and section 10 is where it sits; to a member under 18. Where a parent or guardian signed the member agreement under its section 7, this section binds them and not the member; or to any extent New Jersey law does not permit it. And we owe you something back. We will tell you promptly about any claim we expect you to cover, let you take part in defending it, and will not settle a claim at your expense without asking you first. Why this is here, plainly: the realistic case is one case. Somebody posts a photo with another member recognisable in the background, and that member objects. The Community Guidelines already tell you not to, the app strips location data from every photo you upload, you can delete your own post and we can take it down. This section is what happens if all of that fails and the person in the background sues the gym over something you chose to upload. 14. State notices TPP is one gym in Cranford, New Jersey, and these terms are governed by New Jersey law (section 11). We do not collect your address, so we do not know which state you are reading this in. These are the notices that may apply. New Jersey Nothing here waives a right New Jersey gives you. Every provision of these terms is intended to be valid and enforceable in New Jersey. Where New Jersey law limits a provision, it is limited to that extent and the rest of it still applies. Nothing in these terms is intended to waive — and nothing should be read as waiving — any right under New Jersey law that cannot be given up. We say this specifically rather than with a general "some of this may not be enforceable in some states", because under New Jersey's Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.) that kind of blanket sentence is itself a problem. Your gym membership is a separate contract from this one. New Jersey's Health Club Services Act (N.J.S.A. 56:8-39 et seq.) governs health club membership contracts in this state, including rights to cancel one. Nothing in these app terms changes, limits or waives any right you have under it. Questions about your membership — joining, cancelling, billing, what happens if you move or are injured — are answered by the member agreement and by Pete, not by this document. Privacy. The New Jersey Data Privacy Act gives New Jersey residents rights over their personal data as against businesses above a certain size. TPP is far below every threshold in it, so it most likely does not apply to us as a matter of law. We honour those rights anyway — access, correction, deletion, and a copy of your data — and section 9 of the Privacy Policy says how to ask. You do not need to establish that a statute applies to us before we will answer. California If you are a California resident using the app, California Civil Code section 1789.3 asks us to give you this: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be reached in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. The California Consumer Privacy Act applies to businesses above revenue and volume thresholds that TPP does not come near — we have around 152 members, make no money from data, and sell and share no personal information at all. As above, the rights it would give you are ones we answer anyway. Anywhere else If you train with TPP online from another state, your own state's law may give you rights these terms do not mention. Nothing here is intended to take them away. Tell us what you need and we will answer it rather than argue about which state's statute obliges us to. 15. The rest Changes. We may update these terms. We will change the version and date at the top and tell members in the app before a material change takes effect. For a material change we will give at least 14 days' notice, by email and by text message. Note that the member agreement has its own amendment rule (section 6.4) and a 14-day notice requirement for changes to the cancellation windows and the fee — these terms do not override it. If one part fails. If a provision turns out to be unenforceable, the rest still applies. No transfer. You may not transfer your account or these terms to anyone else. We may transfer them if the business is sold or reorganised. No waiver. If we do not enforce something straight away, we have not given it up. Which document wins. On training risk, the cancellation and booking policy, the use of photographs and video, and confidentiality, the member agreement governs. On how your information is handled, the Privacy Policy governs — and the member agreement's section 5.5 says the same, so the two agree rather than compete. On use of the software, these terms govern. Contact. info@tenpercentperformancenj.com, or Ten Percent Performance, LLC, 1 Springfield Avenue, Cranford, NJ 07016.