END USER LICENSE AGREEMENT (EULA) / TERMS OF USE

Last Updated: November 22, 2025

IMPORTANT NOTICE

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you (the "End User" or "you") and Ascend ("Licensor," "we," "us," or "our") for the Ascend mobile application (the "Licensed Application" or "App").

BY DOWNLOADING, INSTALLING, OR USING THE LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, DO NOT DOWNLOAD, INSTALL, OR USE THE LICENSED APPLICATION.

1. PARTIES AND ACKNOWLEDGMENTS

1.1 Agreement Between You and Licensor

This EULA is concluded between you and Ascend only, and not with Apple Inc. ("Apple") or Google LLC ("Google").

You acknowledge and agree that:

  • Ascend, not Apple or Google, is solely responsible for the Licensed Application and its content
  • This EULA does not conflict with the Apple Media Services Terms and Conditions or Google Play Terms of Service

1.2 Apple as Third-Party Beneficiary (iOS Users)

For users who downloaded the App from the Apple App Store:

Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple has the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

1.3 Applicable Store Terms

Your use of the Licensed Application is also subject to:

2. LICENSE GRANT

2.1 Scope of License

Subject to your compliance with this EULA, Ascend grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • Download and install the Licensed Application on Apple-branded devices (iOS) or Android devices that you own or control
  • Use the Licensed Application for personal, non-commercial purposes in accordance with this EULA and the Usage Rules set forth in the applicable App Store Terms and Conditions

2.2 License Restrictions

This license does NOT permit you to:

  • Use the Licensed Application on any device you do not own or control
  • Distribute or make the Licensed Application available over a network where it could be used by multiple devices simultaneously
  • Transfer, redistribute, sublicense, rent, lease, or lend the Licensed Application
  • Use the Licensed Application for any commercial purpose without prior written consent
  • Modify, adapt, translate, or create derivative works based on the Licensed Application

2.3 Device Requirements

The Licensed Application may only be used on:

  • iOS Devices: Apple-branded products running iOS (including iPhone, iPad, iPod touch) that you own or control
  • Android Devices: Android-branded devices running compatible Android versions that you own or control

2.4 Usage Rules Compliance

You must comply with all Usage Rules established by Apple or Google, including but not limited to:

  • Restrictions on the number of devices on which the App can be used
  • Family Sharing rules (if applicable)
  • Geographic restrictions
  • Age restrictions

2.5 License Duration

This license is effective until terminated. Your rights under this license will terminate automatically without notice if you fail to comply with any term of this EULA.

2.6 Upgrades and Updates

This EULA governs any upgrades, updates, or supplements to the Licensed Application provided by Ascend that replace or supplement the original Licensed Application, unless such upgrade or update is accompanied by a separate license agreement, in which case the terms of that agreement will govern.

3. MAINTENANCE AND SUPPORT

3.1 Licensor's Responsibility

Ascend, not Apple or Google, is solely responsible for providing any maintenance and support services for the Licensed Application.

3.2 Support Services

We may provide maintenance and support services at our sole discretion, including:

  • Bug fixes and technical issue resolution
  • App updates and feature improvements
  • Customer support via email

Support Contact:
Email: support@ascendfitness.app

3.3 No Obligation from Apple or Google

You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

3.4 Support Limitations

Support services, if provided:

  • Are provided "as is" with no warranties
  • May be discontinued at any time without notice
  • May have limited availability based on language, time zone, or resource constraints
  • Do not guarantee resolution of all issues

4. WARRANTY AND LIABILITY

4.1 Licensor's Responsibility for Warranties

Ascend, not Apple or Google, is responsible for any warranties (express or implied) relating to the Licensed Application, whether provided under this EULA, applicable law, or otherwise.

4.2 Limited Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

Ascend DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Licensed Application will be error-free, secure, or uninterrupted
  • Warranties regarding accuracy, reliability, or quality of any content or data

4.3 Warranty Claim Process

In the event of any failure of the Licensed Application to conform to any applicable warranty:

  • You may notify Apple or Google (depending on where you purchased), and they may refund the purchase price (if any) in accordance with their refund policies
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND GOOGLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION
  • Any other warranty claims, to the extent not disclaimed, shall be governed by this EULA and applicable law

4.4 Warranty Disclaimer Jurisdiction Variations

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you, and warranties may be limited to the minimum period required by law.

5. PRODUCT LIABILITY AND CLAIMS

5.1 Licensor's Responsibility

You and Ascend acknowledge that Ascend, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to:

  1. Product liability claims
  2. Claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement
  3. Claims arising under consumer protection, privacy, or similar legislation

5.2 Claims You May Assert

If you have a claim regarding the Licensed Application, you should contact:

Ascend:
Email: support@ascendfitness.app
Legal Inquiries: support@ascendfitness.app
Address: Feldmochinger Straße 15, 80882, München, Germany

5.3 Apple and Google's Disclaimer

Apple and Google are not responsible for:

  • Investigating, defending, settling, or discharging any claim that the Licensed Application infringes a third party's intellectual property rights
  • Any product liability claims
  • Any claims that the App fails to conform to legal or regulatory requirements
  • Any consumer protection or privacy-related claims

5.4 Limitation on Licensor's Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Ascend'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE LICENSED APPLICATION SHALL NOT EXCEED THE GREATER OF:

  • The amount you paid for the Licensed Application or in-app purchases in the 12 months preceding the claim, OR
  • Fifty U.S. Dollars ($50.00 USD)

IN NO EVENT SHALL Ascend BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or goodwill
  • Personal injury or property damage (except as required by applicable law)
  • Any damages arising from your use or inability to use the Licensed Application

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability) and even if Ascend has been advised of the possibility of such damages.

5.5 Jurisdictional Limitations

Some jurisdictions do not allow the limitation of liability for personal injury or incidental/consequential damages. In such jurisdictions, Ascend's liability shall be limited to the maximum extent permitted by law.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Infringement Claims

You and Ascend acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights:

  • Ascend, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim
  • Apple and Google have no obligation to indemnify you or Ascend against such claims

6.2 Notification of Infringement Claims

If you become aware of any intellectual property infringement claim related to the Licensed Application, you agree to promptly notify Ascend at:

Email: support@ascendfitness.app
Address: Feldmochinger Straße 15, 80882, München, Germany

6.3 Your Representations

You represent and warrant that:

  • You are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country
  • You are not listed on any U.S. Government list of prohibited or restricted parties
  • You will not use the Licensed Application in violation of any export restrictions or regulations

6.4 Ownership

Ascend retains all rights, title, and interest in and to the Licensed Application, including all intellectual property rights. This EULA does not transfer any ownership rights to you.

7. THIRD-PARTY TERMS OF AGREEMENT

7.1 Compliance Requirement

You must comply with all applicable third-party terms of agreement when using the Licensed Application.

7.2 Examples of Third-Party Terms

Third-party terms that may apply include, but are not limited to:

  • Wireless Data Service Agreement: If you use the Licensed Application with a wireless data connection, you must not violate the terms of your wireless data service agreement
  • VoIP Service Terms: If the Licensed Application includes voice-over-IP functionality, you must comply with your VoIP service provider's terms
  • Streaming Service Terms: If the Licensed Application streams content, you must comply with your internet service provider's terms
  • Authentication Provider Terms: If you use Google Sign-In or Apple Sign-In, you must comply with Google's and Apple's respective terms
  • In-App Purchase Terms: You must comply with Apple's or Google's in-app purchase terms

7.3 Responsibility for Violations

You are solely responsible for any violations of third-party terms. Ascend is not responsible for monitoring or ensuring your compliance with third-party terms.

8. THIRD-PARTY BENEFICIARIES

8.1 Recognition of Third-Party Beneficiaries

You acknowledge and agree that:

  • Apple and its subsidiaries (for iOS users) are third-party beneficiaries of this EULA
  • Google and its subsidiaries (for Android users) may be considered third-party beneficiaries to the extent applicable under their terms

8.2 Enforcement Rights

Upon your acceptance of this EULA:

  • Apple (for iOS users) has the right to enforce this EULA against you as a third-party beneficiary
  • Apple's acceptance of third-party beneficiary status is deemed to have occurred when you agree to this EULA

9. CONSENT TO USE OF DATA

9.1 Technical Data Collection

You agree that Ascend may collect and use technical data and related information, including but not limited to:

  • Technical information about your device (device type, operating system version)
  • System and application software information
  • Peripheral device information
  • Usage data and analytics

9.2 Purpose of Data Collection

This information is gathered periodically to:

  • Facilitate the provision of software updates
  • Provide product support services
  • Improve the Licensed Application
  • Verify compliance with this EULA

9.3 Data Privacy

Ascend may use this information, provided it is in a form that does not personally identify you, to improve our products or provide services or technologies to you.

For detailed information about data collection, use, and your privacy rights, please review our Privacy Policy at: [PRIVACY POLICY URL]

9.4 Personal Data Protection

Personal data (data that identifies you) will be collected, processed, and protected in accordance with our Privacy Policy and applicable data protection laws, including:

  • General Data Protection Regulation (GDPR) for EU users
  • California Consumer Privacy Act (CCPA) for California users
  • Other applicable privacy laws

10. EXTERNAL SERVICES

10.1 Definition

The Licensed Application may enable access to third-party services, websites, content, or functionality (collectively, "External Services"), including but not limited to:

  • Supabase (backend services)
  • RevenueCat (subscription management)
  • Sentry (error tracking, performance monitoring, and user feedback)
  • Mixpanel (product analytics)
  • Google OAuth (authentication)
  • Apple Sign-In (authentication)
  • Local Notifications (device-based notifications for workout functionality, weekly goal reminders, progress celebrations, quest progression, and premium subscription reminders)

10.2 Terms of Use for External Services

Use of External Services:

  • Requires internet access
  • May require you to accept additional terms and conditions from third parties
  • Is at your sole risk

10.3 Content Warning

You understand that by using External Services, you may encounter content that:

  • May be deemed offensive, indecent, or objectionable
  • May or may not be identified as having explicit language
  • May be automatically generated through search results or URL entry

10.4 Licensor's Disclaimer

Ascend is not responsible for:

  • Examining or evaluating the content or accuracy of any third-party External Services
  • The availability, reliability, or security of External Services
  • Any data loss, privacy breaches, or damages arising from use of External Services

You shall not use External Services in any manner that:

  • Is inconsistent with this EULA
  • Infringes intellectual property rights of Ascend or any third party
  • Violates applicable laws or regulations
  • Harasses, abuses, stalks, threatens, or defames any person or entity

10.5 External Service Availability

External Services:

  • May not be available in all languages or geographic regions
  • May not be appropriate for use in all locations
  • May be discontinued at any time by third-party providers

11. LEGAL COMPLIANCE

11.1 Export Controls

The Licensed Application may be subject to export laws and regulations. You agree to comply with all applicable export and import laws and restrictions.

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.

11.2 Prohibited Locations and Persons

You represent and warrant that:

  • You are not located in a country subject to a U.S. Government embargo
  • You are not located in a country designated as a "terrorist supporting" country by the U.S. Government
  • You are not listed on any U.S. Government list of prohibited or restricted parties, including the Treasury Department's Specially Designated Nationals List or the Commerce Department's Denied Persons List or Entity List

11.3 Local Laws

You are responsible for compliance with all applicable local laws regarding online conduct and acceptable content.

12. TERMINATION

12.1 Automatic Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from Ascend if you fail to comply with any term(s) of this EULA.

12.2 Effect of Termination

Upon termination of this EULA:

  • All licenses granted to you under this EULA shall immediately cease
  • You must immediately cease all use of the Licensed Application
  • You must delete or remove the Licensed Application from all devices in your possession or control

12.3 Surviving Provisions

The following sections survive termination:

  • Intellectual Property Rights
  • Warranty Disclaimers
  • Limitation of Liability
  • Legal Compliance
  • Dispute Resolution
  • Any other provision that by its nature should survive

12.4 Licensor's Right to Terminate

Ascend reserves the right to terminate this EULA and revoke your license at any time, with or without cause, including for:

  • Violation of this EULA
  • Violation of applicable laws
  • Fraudulent or abusive conduct
  • Any other reason at Ascend's sole discretion

13. DISPUTE RESOLUTION AND GOVERNING LAW

13.1 Governing Law

This EULA shall be governed by and construed in accordance with the laws of Germany, excluding its conflicts of law rules.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.

13.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or related to this EULA shall be instituted exclusively in the state or federal courts located in München, Germany, and you consent to the personal jurisdiction of such courts.

13.3 Apple's Non-Participation

This provision does not prevent Apple from participating in any legal proceedings related to this EULA in its capacity as a third-party beneficiary (for iOS users).

14. AMENDMENTS AND MODIFICATIONS

14.1 Right to Modify

Ascend reserves the right to modify this EULA at any time. We will notify you of material changes by:

  • Posting an updated EULA in the Licensed Application
  • Sending an email notification
  • Displaying a notice upon opening the Licensed Application

14.2 Acceptance of Modifications

Your continued use of the Licensed Application after modifications take effect constitutes acceptance of the modified EULA. If you do not agree to the modifications, you must stop using the Licensed Application and uninstall it from all devices.

14.3 No Other Modifications

No modification to this EULA by you shall be effective unless agreed to in writing and signed by an authorized representative of Ascend.

15. ENTIRE AGREEMENT AND SEVERABILITY

15.1 Entire Agreement

This EULA, together with our Privacy Policy and Terms of Service (if separate documents), constitutes the entire agreement between you and Ascend concerning the Licensed Application and supersedes all prior or contemporaneous understandings and agreements.

15.2 Severability

If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term. Ascend's failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.

16. CONTACT INFORMATION

For questions, concerns, or notices regarding this EULA, please contact:

Ascend

General Support:
Email: support@ascendfitness.app

Legal Inquiries:
Email: support@ascendfitness.app

Business Address:
Ascend
Feldmochinger Straße 15
80882, München
Germany

17. ACKNOWLEDGMENT AND ACCEPTANCE

BY CLICKING "ACCEPT," DOWNLOADING, INSTALLING, OR USING THE LICENSED APPLICATION, YOU:

  1. Acknowledge that you have read and understood this EULA
  2. Agree to be bound by the terms and conditions of this EULA
  3. Represent that you are of legal age to enter into this binding agreement
  4. Acknowledge that Ascend, not Apple or Google, is responsible for the Licensed Application
  5. Acknowledge that Apple (for iOS users) is a third-party beneficiary with enforcement rights
  6. Accept that you must comply with all applicable third-party terms
  7. Understand that this EULA may be enforced by Ascend and/or Apple against you

IF YOU DO NOT AGREE TO THIS EULA, DO NOT DOWNLOAD, INSTALL, OR USE THE LICENSED APPLICATION.

18. SPECIFIC PROVISIONS FOR iOS USERS (APPLE APP STORE)

The following provisions apply specifically to users who downloaded the Licensed Application from the Apple App Store:

18.1 Scope of License for iOS

This license is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

18.2 Maintenance and Support (iOS)

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

18.3 Warranty (iOS)

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.

18.4 Product Claims (iOS)

You acknowledge that:

  • Ascend, not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use of it
  • Apple has no obligation to address such claims

18.5 Intellectual Property Claims (iOS)

In the event of any third-party claim that the Licensed Application infringes that third party's intellectual property rights, Ascend, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

18.6 Third-Party Terms Compliance (iOS)

You must comply with applicable third-party terms of agreement when using the Licensed Application (e.g., if you have a VoIP application, you must not be in violation of your wireless data service agreement when using the Licensed Application).

18.7 Apple as Third-Party Beneficiary (iOS)

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA. Upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

18.8 Contact Apple Support (iOS)

For Apple-specific issues related to the App Store, billing, or account management, please contact:

19. SPECIFIC PROVISIONS FOR ANDROID USERS (GOOGLE PLAY STORE)

The following provisions apply specifically to users who downloaded the Licensed Application from Google Play Store:

19.1 Google Play Terms

Your use of the Licensed Application downloaded from Google Play Store is also subject to the Google Play Terms of Service, which can be found at: https://play.google.com/intl/en_us/about/play-terms/

19.2 Google's Role

Google LLC and its affiliates are not parties to this EULA and do not own and are not responsible for the Licensed Application. Google does not provide any warranties for the Licensed Application.

19.3 Contact Google Support (Android)

For Google-specific issues related to the Play Store, billing, or account management, please contact:

End of End User License Agreement

Ascend - Ascend
© 2025 All Rights Reserved

IMPORTANT: This EULA is a legal contract. Please read it carefully before using the Licensed Application. If you have any questions about this EULA, please contact us at support@ascendfitness.app.

By using the Licensed Application, you agree to be bound by this EULA.