Terms of Service

Effective September 26, 2026

These terms are a contract between you and Peak 65 LLC, a Washington limited liability company ("Peak 65", "we", "us", "our"). They govern your use of the Peak 65 app, the getpeak65.com website, and our coaching services (together, the "Service").

By creating an account or using the Service, you agree to these terms. If you do not agree, do not use the Service.

1. You must be 18

The Service is for adults. You must be at least 18 years old to create an account or receive coaching. By using the Service you confirm that you are.

2. Other agreements that apply

These terms incorporate, and you also agree to:

If there is a conflict between these terms and the waiver on a question of liability for physical injury, the waiver controls.

3. What the Service is

Peak 65 provides individualized strength, conditioning, running and Hyrox training programming, delivered through our app and supported by technology that reviews your training data. Depending on the plan you are on, a Peak 65 coach writes, reviews and adjusts your programming and communicates with you through the app.

We may change, improve, or discontinue features at any time. We will not materially reduce what you are paying for without telling you first.

4. Your account

You are responsible for your account and for keeping your password secure. You may not share your account, let anyone else use it, or create an account for someone else. Tell us immediately if you believe your account has been compromised.

Most accounts are created by invitation from a Peak 65 coach. We may also make self-serve registration available.

5. Payment

Price. You pay the price agreed with your coach when you signed up. We may change prices for future billing periods with at least 30 days' notice. If you do not accept a price change, you may cancel before it takes effect.

Billing. Coaching is billed monthly in advance. Payments are processed by Stripe, and are made on Stripe's own pages rather than inside the app. We do not receive or store your card number. By subscribing, you authorize recurring charges until you cancel.

Some athletes receive access to the Peak 65 app as part of coaching purchased from a gym or other organization. If that is you, your payment terms are with that organization, not with Peak 65 LLC, and this section does not apply to you.

Minimum term. One-to-one coaching carries a three-month minimum commitment unless your coach has agreed otherwise in writing. You are responsible for the full minimum term once you begin.

Cancellation. After any minimum term, you may cancel at any time by telling your coach. Cancellation takes effect at the end of your current billing month. You keep access until then.

Refunds. Payments are non-refundable, including for partial months and for months in which you did not train. This does not limit any refund right you have under Washington law.

Failed payments. If a payment fails we may suspend your coaching until it is resolved.

Deleting your account does not cancel your billing. The two systems are separate. To stop being charged you must tell your coach. If you delete your account without canceling, charges will continue.

6. What you get, and what we do not promise

We will program for you in good faith, using our method and our professional judgment.

We do not guarantee results. We do not promise a finish time, a qualification, a body composition, a fitness level, or any other outcome. Training outcomes depend on consistency, genetics, sleep, nutrition, stress, injury, life circumstances, and factors nobody controls. Any example of another athlete's results describes that athlete, not a promise to you.

7. Our programming belongs to us

The programming, session structures, coaching content, methodology, software, designs, text, and branding in the Service are owned by Peak 65 LLC and protected by intellectual property law.

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use your programming for your own training while your subscription is active.

You may not sell, resell, license, publish, distribute, or share your programming; use it to coach or train anyone else, whether paid or unpaid; use it to build or train a competing product or any machine learning system; copy or systematically extract content from the Service; or reverse engineer the Service.

Anything you write in the Service — session notes, messages, uploaded images — remains yours. You grant us a license to use it to provide and improve the Service, as described in our Privacy Policy.

8. Acceptable use

You agree not to:

We may suspend or terminate your account for breaking these rules.

9. Wearables and third-party services

You may connect a wearable device or service such as Whoop, Oura, or Apple Health. Those are operated by other companies under their own terms and privacy policies. We are not responsible for their accuracy, availability, or conduct. We are not responsible if their data is wrong, delayed, or unavailable, or for any decision made on the basis of it.

10. Health data

The Service collects health-related information. How we handle it is described in our Privacy Policy and, for Washington residents, our Consumer Health Data Privacy Policy. By using the Service you consent to that collection and use.

11. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage.

We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or that any data it displays will be accurate or complete.

Nothing in the Service is medical advice. See our Medical Disclaimer.

12. Limitation of liability

To the fullest extent permitted by law, Peak 65 LLC and its owners, members, coaches, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Service — even if we have been advised that such damages are possible.

Our total liability to you for all claims relating to the Service is limited to the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or one hundred dollars ($100).

These limits do not apply to gross negligence, reckless conduct, or intentional misconduct, and do not limit any liability that cannot be limited under Washington law.

Liability for physical injury is governed by the waiver, not by this section.

13. Indemnification

You agree to indemnify and hold harmless Peak 65 LLC and its owners, members, coaches, employees, contractors and agents from any claim, damage, loss, liability, or expense — including reasonable legal fees — arising out of your use of the Service, your breach of these terms, your violation of any law, or your violation of anyone else's rights.

14. Termination

You may stop using the Service and delete your account at any time from within the app.

We may suspend or terminate your access at any time, with or without notice, if you breach these terms, if we believe your conduct creates risk to you, to us, or to another user, or if we discontinue the Service.

Sections 6 through 16 survive termination.

15. Disputes

Please contact us first. Email peak65app@gmail.com and we will try to resolve the problem informally. Most things can be settled this way.

Arbitration. If we cannot resolve it, you and Peak 65 agree that any dispute arising out of or relating to these terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in King County, Washington, or remotely at your election. Judgment on the award may be entered in any court with jurisdiction.

Small claims. Either of us may bring an individual claim in small claims court instead, if it qualifies.

No class actions. You and Peak 65 agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.

You can opt out. If you do not want to be bound by the arbitration and class action waiver provisions, email peak65app@gmail.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these terms. Opting out will not affect anything else in these terms or your use of the Service.

This section does not apply to claims that cannot lawfully be subject to arbitration.

16. General

Governing law. These terms are governed by Washington law, without regard to conflict of laws rules. Where a dispute is not subject to arbitration, it must be brought in the state or federal courts in King County, Washington.

Changes. We may update these terms. If a change is material we will give you notice in the app or by email before it takes effect. Continuing to use the Service after that means you accept the updated terms.

Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the rest stays in force.

No waiver. If we do not enforce a provision, that is not a waiver of it.

Assignment. You may not assign these terms. We may assign them to a successor in connection with a merger, acquisition, or sale of assets.

Entire agreement. These terms, together with the waiver, the Medical Disclaimer, the Privacy Policy and the Consumer Health Data Privacy Policy, are the entire agreement between you and Peak 65 about the Service.

Contact

Peak 65 LLC
Kenmore, Washington
peak65app@gmail.com