APOGEE

Terms of Service

Last updated: October 24, 2026

Welcome to Apogee. These Terms of Service ("Terms") are a legal agreement between you and Apogee Athlete LLC ("Apogee," "we," "us"). They cover your use of the Apogee app and any related websites and services (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you don't agree, don't use the Service.

PLEASE READ SECTION 20 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION, UNLESS YOU OPT OUT.

1. Who Can Use Apogee

2. Your Account

3. What Apogee Is

Apogee is a fitness community where you record proof of your lifts, runs, and other performances, have them reviewed, and see where you rank against others by gym, school, county, state, and country. Apogee also includes a social feed, check-ins, messaging, comments, sounds, and a scroll-time system that rewards productive habits. We may add, change, or remove features at any time.

4. Verified Lifts and Verification

5. Leaderboards and Apogee Rating

Leaderboards, rankings, and your Apogee Rating are features we provide for fun and motivation. We may change how they're calculated, recalculate them, correct errors, or remove entries at any time. You can hide yourself from public leaderboards in Privacy settings; you'll still see your own ranking. Rankings, ratings, badges, and stamps have no cash value and give you no rights beyond using them in the app.

6. Scroll Time, Productivity Check-Ins, and Community Votes

7. Your Content

8. Rules of Conduct

You agree not to:

Our Community Guidelines, available in the app, are part of these Terms.

We have zero tolerance for objectionable content or abusive users. Anyone can report content or an account from the app; we review reports and act on them, which can include removing content and suspending or banning accounts.

9. Reporting, Moderation, and Enforcement

10. Blocking, Messaging, and Privacy Controls

You can block other users, choose who can message you, and make your account private. Blocking stops a user from seeing your profile and posts and from messaging you. These tools help, but they can't guarantee that no one ever sees your public content (for example, through screenshots).

11. Health and Safety

12. Third-Party Services

Apogee relies on third parties (for example, Apple, Google, Didit, Supabase, Resend, and map and places providers; our Privacy Policy lists them all). Your use of their services may be governed by their own terms and privacy policies. We're not responsible for third-party services, websites, or content.

13. Apogee's Intellectual Property

The Service, including the Apogee name, logo, winged "A" mark, design, software, and content we create, belongs to Apogee and its licensors and is protected by law. We give you a personal, limited, revocable, non-transferable, non-exclusive license to use the app for its intended purpose, subject to these Terms. If you send us feedback or ideas, we may use them without any obligation to you.

14. Copyright (DMCA) Takedowns

We respect copyright and respond to notices under the Digital Millennium Copyright Act (DMCA).

- your physical or electronic signature;

- a description of the copyrighted work you say is infringed;

- where the material is in Apogee (the username and a link or description of the post) so we can find it;

- your name, address, phone number, and email;

- a statement that you have a good-faith belief the use isn't authorized by the copyright owner, its agent, or the law; and

- a statement, under penalty of perjury, that the information in your notice is accurate and that you're the owner or authorized to act for the owner.

15. Privacy

Our Privacy Policy and Verification Data & Privacy notice explain what we collect and how we use it, including sensitive information like ID results. Both are available in Settings and are part of these Terms.

16. Ending Your Use

You can stop using Apogee or delete your account at any time in Settings. A deleted account is hidden right away and permanently deleted after 30 days; logging back in before then restores it. We may suspend or end your access as described in Section 9, or if we stop offering the Service. Sections that by their nature should survive (including 7's license limits, and 11 and 17 through 24) survive termination.

17. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, APOGEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DON'T PROMISE THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT RANKINGS OR VERIFICATIONS ARE ACCURATE, OR THAT CONTENT OR DATA WON'T BE LOST.

18. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, APOGEE AND ITS OWNERS, EMPLOYEES, AND PARTNERS WON'T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR RANKINGS, OR FOR ANY PERSONAL INJURY ARISING FROM YOUR PHYSICAL ACTIVITY, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WON'T EXCEED THE GREATER OF $100 OR WHAT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. SOME PLACES DON'T ALLOW THESE LIMITS, SO THEY MAY NOT ALL APPLY TO YOU.

19. Indemnification

You agree to defend, indemnify, and hold Apogee harmless from any claims, losses, and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Service, your physical activities, or your breach of these Terms or the law.

20. Disputes and Arbitration

21. Governing Law

These Terms are written for users in the United States and under United States law. These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to Section 20, any court proceedings will take place in the state or federal courts located in San Diego County, California, and you and Apogee consent to their jurisdiction.

22. Apple App Store Terms

If you downloaded Apogee from Apple's App Store:

23. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we'll let you know in the app or by email before they take effect. Continuing to use Apogee after changes take effect means you accept the updated Terms.

24. General

These Terms, with the documents they reference, are the entire agreement between you and Apogee about the Service. If any part is found unenforceable, the rest stays in effect. Our not enforcing a provision isn't a waiver. You can't transfer these Terms without our consent; we may transfer them as part of a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, employment, or agency relationship.

25. Contact Us

Questions about these Terms? Email legal@apogeeathlete.com.