Terms of Service

Welcome to Sharp Performance (“Sharp”)!

To make these Terms easier to read, the Site, our services, and App are collectively called the “Services.” Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Services.

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, at our sole discretion. If we do so, we’ll notify you by:

• Posting the modified Terms on the Site, or
• Through other communications.

It’s important to review the Terms whenever we modify them. Continued use of the Services after the Terms have been updated indicates your agreement to the new Terms. If you don’t agree, discontinue using the Services.

As our Services evolve, we may change or discontinue parts of the Services at any time without notice.

Arbitration Notice

Unless you opt out of arbitration within 30 days of agreeing to these Terms (see the “Arbitration” section below), you agree that:

• Disputes between you and Sharp will be resolved by binding, individual arbitration.
• You waive your right to a trial by jury or to participate in any class action or representative proceeding.

Who May Use the Services

Eligibility

• You may use the Services only if you are 13 years or older and not barred under applicable law.
• To make a purchase via the Services, you must be 18 years or older and capable of forming a binding contract.

Registration and Account Information

To access certain features, you may need to create an account (“Account”) through:

• The App or Site, or
• A third-party social networking service (“SNS Account”) like Facebook.

By creating an account:

1. Provide accurate, complete, and up-to-date information.
2. Notify us of unauthorized use immediately.
3. Keep your password secure. You’re responsible for activities under your account.

Using the Services

Through the Services, users can create customized self-improvement sessions. However:

• The Services are not a substitute for professional medical care.
• Some activities may not be suitable for everyone.
• Do not use the Services while driving or performing tasks requiring full attention.

You are solely responsible for your use of the Services.

Feedback

We welcome feedback! By submitting feedback to Sharp_Admin@sharpperformance.tech, you grant Sharp:

• A non-exclusive, worldwide, perpetual, royalty-free license to use, modify, and exploit your feedback for any purpose.

Content and Ownership

Definitions:

1. “Content”: Includes text, images, software, and materials provided through the Services.
2. “User Content”: Content provided by users (like you).

Ownership:

• User Content: You retain ownership but grant Sharp a license to use it.
• Other Content: Sharp owns the rights to all other Content and Services.

Rights in Content:

• Sharp grants you a limited, non-exclusive license to use the Content for personal, non-commercial purposes.

Prohibitions

You agree not to:

• Post illegal, offensive, or misleading Content.
• Reverse-engineer, hack, or disrupt the Services.
• Use the Services for commercial gain without consent.

Sharp reserves the right to monitor and remove any objectionable Content or terminate accounts violating these Terms.

Links to Third-Party Websites

The Services may link to third-party resources. Sharp is not responsible for:

• Content, products, or services from these sites.
• Any risks or issues arising from third-party resources.

Termination

Sharp may terminate your access to the Services at any time, without notice. You can cancel your Account by emailing Sharp_Admin@sharpperformance.tech.

Upon termination, provisions like ownership rights, warranty disclaimers, and dispute resolution survive.

Warranty Disclaimers

The Services, Products, and Content are provided “as is” without warranty. Sharp disclaims:

• Warranties of merchantability, fitness for purpose, or non-infringement.
• Liability for interruptions, errors, or omissions in the Services.

Limitation of Liability

Sharp is not liable for:

• Incidental or consequential damages (e.g., lost data, profits, or goodwill).
• Total liability exceeding $50 or amounts you’ve paid for the Services.

Dispute Resolution

Governing Law

• These Terms are governed by the laws of California, without regard to conflict of laws.

Arbitration

• Disputes will be settled by binding arbitration unless you opt out within 30 days.
• Exceptions include small claims court actions or intellectual property disputes.

General Terms

These Terms constitute the entire agreement between you and Sharp. They:

• Supersede prior agreements.
• Bind successors and permitted assigns.
• Allow Sharp to provide notice via email or the Services.

If any provision is deemed invalid, the remaining Terms remain enforceable.

Contact Information

If you have questions, contact us at Sharp_Admin@sharpperformance.tech.