Terms and Conditions

Effective Date: September 25, 2025

Welcome to Theory of Motion, a brand operated by Achieve Fitness Center, INC (“Company”, “we”, “us”, or “our”). By using our products and services - including the Theory of Motion App, Theory of: Foundations App, Theory of: Mobility eBook, and Theory of: Core eBook - you agree to be bound by the following terms and conditions.

1. PROGRAM PARTICIPATION & RISKS
Our programs involve physical activity and exercise. By participating, you acknowledge that you are voluntarily engaging in activities that may involve inherent risks, including but not limited to muscle strains, joint injuries, overexertion, or other health complications.

2. MEDICAL DISCLAIMER
The information and content provided are not a substitute for professional medical advice, diagnosis, or treatment. Always consult your physician before beginning any exercise program.

3. ASSUMPTION OF RISK
You assume full responsibility for any risks, injuries, or damages known or unknown which you might incur as a result of participating in any of our programs or using any of our materials.

4. RELEASE AND WAIVER OF LIABILITY
You hereby release, waive, and discharge Achieve Fitness Center, INC, its officers, employees, contractors, and agents from any and all claims, demands, and causes of action arising from your participation in our services or use of our products, except where caused by gross negligence or intentional misconduct.

5. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Achieve Fitness Center, INC and its affiliates, directors, officers, employees, agents, contractors, and licensors from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:
a. your use of and access to the Service;
b. your violation of any term of these Terms;
c. your violation of any third-party right, including without limitation any copyright, property, or privacy right;
d. any claim that your participation caused damage to a third party.

6. CANCELLATION & REFUND POLICY
For digital eBooks (Theory of: Mobility and Theory of: Core), all sales are final and non-refundable.

For recurring app-based memberships (Theory of Motion App and Theory of: Foundations App), you may cancel at any time. If you cancel within 3 days of your initial purchase or renewal date, you are eligible for a full refund. After the 3-day period, all payments are non-refundable, and access continues until the end of the billing cycle.

App-based subscriptions purchased through Apple App Store or Google Play must be canceled directly through those platforms, and their refund policies apply.

7. INTELLECTUAL PROPERTY
All materials, content, and intellectual property provided through our products are owned by Achieve Fitness Center, INC. They may not be reproduced, distributed, or used for commercial purposes without prior written consent.

8. TERMINATION
We reserve the right to terminate or suspend your access to our services at our sole discretion, without notice, for conduct we believe violates these Terms.

9. GOVERNING LAW
These Terms are governed in accordance with the laws of the State of New Hampshire, United States, without regard to its conflict of law provisions.

10. CHANGES TO TERMS
We may revise these Terms from time to time. Continued use of our services after changes constitutes your agreement to those changes. You are advised to review this page periodically for any updates.

11. CONTACT
For any questions regarding these Terms, please contact us at [email protected].

By purchasing or accessing any of our programs, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.