Terms of Service & End-User License Agreement — HyperMass
Effective date: 2026-08-19 Publisher: Red Spectrum LLC (“we”, “us”, “our”) Contact: privacy@hypermass.app
Where an app store’s own terms apply to your download and purchase of the App, those terms also govern.
1. Acceptance
When you first open the HyperMass™ app (the “App”), it presents the in-app Safety & Health Notice together with links to these Terms of Service and End-User License Agreement (the “Terms”) and to our Privacy Policy, and asks you to accept them by ticking a box before you can use the App. By ticking that box, or by otherwise downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
The App records on your device the date you accepted and the version of the Terms you accepted. If we make material changes, we will ask you to review and accept again (Section 17).
2. License
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your personal, non-commercial use, in accordance with these Terms and the applicable app store’s rules. You may not copy, modify, distribute, sell, lease, reverse- engineer, or attempt to extract the source code of the App except to the extent that restriction is prohibited by law.
3. Not medical advice — health & fitness disclaimer
The App is a fitness-tracking tool, not a medical device or a substitute for professional advice.
Exercise information, calorie estimates, personal-record calculations, and any other content are provided
for general informational purposes and may be inaccurate for your circumstances. See the separate Safety
Disclaimer (safety-disclaimer.md), which is incorporated into these Terms by reference. In particular:
- Consult a qualified physician before beginning any exercise program, especially if you have a medical condition, are pregnant, are injured, or have been sedentary.
- You are solely responsible for exercising safely, using proper form and appropriate equipment, and stopping if you feel pain, dizziness, or discomfort.
- Calorie and one-rep-max figures are estimates derived from standard formulas and your inputs; do not rely on them for medical, dietary, or clinical decisions.
- Notes you save are not monitored. Exercise and session notes stay on your device; no one reviews them. The App provides no coaching, medical, or dietary advice for your circumstances.
- Suggestions are not prescriptions. The App generates generic conveniences — starter routines, set and rep targets, plate loadouts, warm-up ramps — from standard formulas and the values you enter. They are not a training programme designed for you, and they take no account of your experience, equipment, injuries or medical conditions. You are responsible for judging whether any suggested exercise, weight or progression is appropriate for you, and for reducing or ignoring it if it is not.
4. Assumption of risk
Physical exercise carries risks that are inherent to the activity itself — including muscle and joint injury, falls, dropped or failed equipment, cardiac events, and other serious injury. You acknowledge those inherent risks and voluntarily assume them when you choose to exercise, including when the exercise, weight, rep target, or progression you perform was suggested by the App. As stated in Section 3, those suggestions are generic conveniences, not a programme designed for you; you are responsible for judging whether any of them is appropriate for you, and for stopping, reducing, or ignoring anything that is not.
What this section does not do. It is an acknowledgement of the risks inherent in physical activity. It is not a release of Red Spectrum LLC from responsibility for our own acts or omissions — including any negligence on our part in developing or operating the App — and it does not exclude or limit any liability that cannot lawfully be excluded or limited. The limits that do apply are set out in Section 11, and are subject to the non-excludable rights preserved by the first paragraph of that section.
5. Your data and health integrations
Your workout and personal data are stored on your device as described in the Privacy Policy
(privacy-policy.md). If you enable syncing to Apple Health or Google Health Connect, your use of those
services is subject to Apple’s and Google’s respective terms. You are responsible for the accuracy of the
information you enter.
6. Acceptable use
You agree not to use the App to violate any law; to interfere with or disrupt the App’s integrity or performance; or to attempt to gain unauthorized access to any system. You are responsible for all activity that occurs through your device.
7. Intellectual property
The App, including its design, code, branding (“HyperMass”), illustrations, and original content, is owned by Red Spectrum LLC and protected by intellectual-property laws. Exercise reference data is derived in part from the open free-exercise-db dataset and is used under that project’s license; see the in-app credits for any required attribution. These Terms grant you no rights in our trademarks or content except the limited license above.
HyperMass™ and the Trailing Comet logo are trademarks of Red Spectrum LLC. They are claimed under common law; no registration is asserted. Other names and marks referred to in the App or on our website are the property of their respective owners.
8. Third-party services and stores
The App relies on third-party services and platforms (Apple, Google, their health platforms, and the image content-delivery network). We are not responsible for those services’ availability, content, or practices. Your download and any purchase of the App are also governed by the terms of the app store you obtained it from.
Our web pages. The pages where this document and our Privacy Policy are published are static informational pages. They have no accounts, forms, or transactions, and we sell nothing through them.
9. Purchases, billing, and refunds
If the App or any feature is offered for a fee, payment is processed by the applicable app store, not by us. Pricing, billing, and refunds are handled under that store’s policies (for example, Apple’s or Google’s refund process). We do not separately process payments or store your payment information.
10. Disclaimer of warranties
The App is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that any data (including calorie or strength estimates) will be accurate. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
11. Limitation of liability
Read this paragraph first — it governs the rest of this section. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited. That includes, without limitation: liability for death or personal injury caused by our negligence; liability for fraud or fraudulent misrepresentation; and any other liability that applicable law does not permit us to exclude or restrict — including, where they apply to you, the UK Consumer Rights Act 2015 (under which certain terms are of no effect regardless of what this document says), the consumer-protection law of an EU or EEA member state, or the law of any US state that limits such exclusions. If you are a consumer, your non-waivable statutory rights are unaffected, and everything below applies only so far as the law allows.
Subject to the paragraph above, and to the maximum extent permitted by law, Red Spectrum LLC and its owners, contributors, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of (or inability to use) the App, even if advised of the possibility of such damages.
Subject to the first paragraph above, our total aggregate liability arising out of or relating to the App is limited to the greater of the amount you paid for the App in the 12 months before the claim, or USD $50.
12. Indemnification
You agree to indemnify and hold harmless Red Spectrum LLC from any claims, damages, or expenses (including reasonable legal fees) arising out of your misuse of the App or violation of these Terms.
13. Termination
These Terms remain in effect while you use the App. We may suspend or terminate the license if you breach these Terms. You may terminate at any time by uninstalling the App. Sections that by their nature should survive termination (including 3, 4, 7, 10, 11, 12, 14, and 15) will survive.
14. Governing law
These Terms are governed by the laws of the State of Connecticut, United States, without regard to its conflict-of-laws rules, except where mandatory consumer-protection law in your place of residence provides otherwise. Nothing in these Terms limits any non-waivable statutory rights you have as a consumer.
15. Severability and how the limits above interact
If any provision of these Terms is held unenforceable or invalid — in whole or in part, or only as applied to you or in your jurisdiction — that provision applies with the minimum modification necessary to make it enforceable, or, if it cannot be modified, is severed. The remaining provisions stay in full force.
This applies in particular to Sections 4, 10, and 11, which are intended to operate independently of one another. If a court or applicable consumer-protection law holds that a risk acknowledgement, a warranty disclaimer, an exclusion of damages, or the liability cap cannot be enforced against you, that holding affects only that provision, and only as applied to you. It does not enlarge or revive any other provision, and it does not narrow the non-excludable rights preserved by the first paragraph of Section 11 — which prevails over anything in Sections 4, 10, or 11 that would otherwise conflict with it.
16. Apple-specific terms (for App Store downloads)
If you obtained the App from the Apple App Store, you acknowledge that these Terms are between you and Red Spectrum LLC only, not Apple; that Apple has no obligation to provide maintenance or support for the App; that Apple is not responsible for any product warranties or claims (including product-liability, legal-compliance, or intellectual-property claims); and that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
17. Changes to these Terms
We may update these Terms as the App evolves. We will revise the “Effective date” and, for material changes, ask you to review and accept the revised Terms in the App before you continue using it — the same tick-box acceptance described in Section 1. For non-material changes we will revise the “Effective date”; continued use after such an update means you accept the revised Terms.
18. Contact
Questions: privacy@hypermass.app Red Spectrum LLC