Gradux

Terms of Use for Gradux

Last Updated: March 21, 2025

1. Introduction and Acceptance

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Ben Graham and/or Ben Graham Fitness Solutions, Inc. (“we,” “our,” or “us”) governing your access to and use of the Gradux mobile application (“Gradux” or the “App”).

By downloading, installing, accessing, or using Gradux, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the App.

2. Age Restrictions

Gradux is intended for users 17 years of age or older. By using the App, you represent and warrant that you are at least 17 years old. If we learn that we have collected information from a user under 17, we will promptly delete that information.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the App, you will need to register for an account. When registering, you must provide accurate and complete information and promptly update this information if it changes.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Create a strong password
  • Keep your account information and password confidential
  • Not share your account with others
  • Notify us immediately of any unauthorized use of your account

3.3 Account Termination

You may request to terminate your account at any time through the App settings. Upon request:

  1. Your data will be held for 30 days
  2. A countdown will be displayed allowing you to cancel the deletion request
  3. If not canceled, your account and associated data will be permanently deleted after the 30-day period

We reserve the right to suspend or terminate your account, in our sole discretion, if:

  • You violate these Terms
  • You attempt to circumvent our data integrity safeguards
  • You submit false or misleading information
  • You engage in any activity that disrupts, diminishes, or interferes with the functionality of the App
  • We are unable to verify or authenticate any information you provide to us
  • We believe your actions may cause legal liability for you, other users, or us

4. Use of the App

4.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App for your personal, non-commercial use.

4.2 Restrictions

You may not:

  • Use the App for any illegal purpose or in violation of any local, state, national, or international law
  • Submit intentionally inaccurate data to misrepresent your abilities on the leaderboard
  • Attempt to circumvent the App’s data integrity safeguards
  • Interfere with or disrupt the App or servers or networks connected to the App
  • Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity
  • Engage in any activity that could disable, overburden, damage, or impair the App
  • Use any robot, spider, or other automatic device to access the App
  • Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App

5. Fitness Disclaimer

5.1 Not Professional Advice

Gradux provides fitness calculators, tracking tools, and recommendations based on user-submitted information. The content and features available through the App are for informational and entertainment purposes only and are not intended to constitute professional advice.

5.2 No Professional Relationship

Use of Gradux does not create a coaching or training client relationship. What is presented in the App is up to your discretion to implement. We are not engaged in a coaching client relationship, and the App can only provide reasonable recommendations based on the limited information you provide.

5.3 User Responsibility

You acknowledge and agree that:

  • The App relies on honesty and accuracy from users, which may vary from person to person
  • The information provided is not exhaustive nor reasonable to make absolute training decisions based on alone
  • You should filter all recommendations through your own understanding of what is safe and appropriate for your individual circumstances
  • You should consult with a qualified healthcare or fitness professional before beginning any exercise program
  • You assume all risk and responsibility for your use of the App and any information obtained through it

5.4 No Guarantees

We do not guarantee any specific results from using our App. Individual results will vary based on numerous factors outside of our control.

6. Intellectual Property Rights

6.1 Ownership

The App, including its content, features, functionality, user interface, algorithms (including proprietary warm-up protocol calculators), database structure, backend systems, and the “Gradux” name and any associated logos/branding, are owned by Ben Graham Fitness Solutions, Inc. and are protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.

6.2 License Limitations

The license granted to you in Section 4.1 does not include any right to:

  • Copy, modify, or distribute any portion of the App
  • Attempt to decompile, reverse engineer, disassemble, or hack the App
  • Use any of our trademarks, service marks, or logos without our prior written consent
  • Create derivative works based on the App
  • Rent, lease, loan, sell, sublicense, distribute, or otherwise transfer the license granted to you
  • Use the App for commercial purposes

6.3 User Content

You retain any rights you may have in the content you submit to the App (such as your personal fitness data). However, by submitting content to the App, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise use such content for the purposes of operating and providing the App to you and other users.

7. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

8. Communications

8.1 How We Communicate

We may communicate with you about the App through:

  • Email messages sent to the address associated with your account
  • In-app notifications and alerts

8.2 Required Communications

You acknowledge and agree that we may send you important messages about the App through email and in-app notifications, including but not limited to:

  • Updates to these Terms or our Privacy Policy
  • Security alerts
  • Information about new features or changes to the App
  • Account-related information

You cannot opt out of these service-related communications while maintaining an active account.

8.3 User Responsibility

You are responsible for maintaining a valid email address associated with your account. We are not responsible for communications that you do not receive due to an invalid or outdated email address.

9. Third-Party Content and Services

9.1 Third-Party Content

The App may display advertisements and other content from third parties. We are not responsible for the content, accuracy, or opinions expressed in any third-party content, and we do not guarantee the accuracy, completeness, or usefulness of any third-party content.

9.2 Third-Party Services

The App may integrate with third-party services (such as Google AdMob). Your use of such services may be subject to additional terms and conditions provided by the third party. We are not responsible for any third-party services and make no warranties about them.

10. Disclaimers

10.1 “AS IS” Basis

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Guarantees

WE DO NOT WARRANT THAT THE APP WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO GUARANTEES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE APP.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEN GRAHAM FITNESS SOLUTIONS, INC., OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP
  • ANY CONTENT OBTAINED FROM THE APP
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
  • EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

12. Indemnification

You agree to defend, indemnify, and hold harmless Ben Graham Fitness Solutions, Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App.

13. Community Guidelines

While the current version of Gradux has limited direct user interaction, we expect all users to:

  • Respect other users’ achievements and privacy
  • Refrain from any form of harassment, discrimination, or bullying
  • Not attempt to manipulate leaderboard rankings or submit false data
  • Not use the App to promote hate speech, violence, or illegal activities
  • Follow the Terms and any additional guidelines we may establish in the future

As additional social features are added to the App, more detailed community guidelines may be provided.

14. Changes to the Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you through email or in-app notification and may require you to accept the updated Terms to continue using the App. Your continued use of the App after the effective date of revised Terms constitutes your acceptance of the changes.

15. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or related to these Terms or the App shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the courts located in Ontario, Canada, and you irrevocably submit to the exclusive jurisdiction of such courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede any prior agreements between you and us relating to the App.

16.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

16.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the invalid provision will be severed from these Terms, and the remaining provisions will remain in full force and effect.

16.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at our sole discretion without restriction.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: info@gradux.io

By using Gradux, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.