1. Acceptance of Terms

By downloading, installing, or using the VolumeArc app (“App”), you (“User” or “you”) agree to be bound by these Terms of Service (“Terms”) and the Privacy Policy. If you do not agree, do not install or use the App.

2. The Service

VolumeArc is a strength-training coaching application owned and operated by Mabry Ventures, LLC (“Mabry Ventures,” “we,” “us,” or “our”), a limited-liability company organized under the laws of the State of Tennessee with its principal place of business in Nashville, Tennessee. The App provides workout tracking, AI-powered coaching, and integration with Apple HealthKit, CloudKit, and StoreKit. The App is distributed exclusively through the Apple App Store and runs on iPhone and Apple Watch (iOS and watchOS). iPad and other Apple platforms are not supported in this version.

3. Subscription & Auto-Renewal (Apple Guideline 3.1.2)

The App is free to download and use for core features (see Section 4). It also offers an optional “Pro” subscription billed through your Apple ID at the price displayed at the point of purchase (currently $9.99 per month or $79.99 per year, subject to change with notice on the App Store listing). The subscription unlocks the Gemini Pro coach tier and live voice coaching, and no other features.

Auto-renewal. Your Apple ID is charged at confirmation of purchase and again for each renewal within 24 hours before the current period ends, at the then-current price shown on the App Store. Subscriptions automatically renew for the same period unless cancelled at least 24 hours before the end of the current billing period. You can manage or cancel your subscription at any time in iOS Settings → [your name] → Subscriptions → VolumeArc. Cancellation takes effect at the end of the current billing period; you keep Pro access until the period ends and then revert to the free tier.

Refunds. Refund requests for App Store purchases are handled by Apple, not Mabry Ventures. Submit requests at reportaproblem.apple.com. If Apple grants a refund, your Pro entitlement is revoked on the next subscription state refresh.

4. Free Tier

The following features are free and require no subscription: full workout tracking, the Apple Watch app and complications, Live Activities and widgets, cloud sync via your private CloudKit container, the AI coach on the Gemini Flash Lite tier, the on-device Foundation Models coach fallback, and readiness context derived from HealthKit (HRV, sleep, training load).

5. Acceptable Use

You agree not to:

Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the App, except to the extent expressly permitted by applicable law;
Abuse the AI coach through automated, scripted, or high-volume querying that interferes with service for other users or that attempts to circumvent rate limits;
Use the App for medical diagnosis, medical treatment, or any purpose where the App’s output could reasonably be substituted for the advice of a licensed medical professional;
Use the App to harass, harm, or attempt to identify another person; or upload content you do not have the right to share.

6. Health Disclaimer (Important)

VolumeArc is not a medical device and does not provide medical advice. The coaching, readiness signals, and prescriptions the App provides are for general fitness purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Consult a qualified physician before beginning any new exercise program, especially if you have a pre-existing medical condition or are taking medication. You assume all risk of injury arising from your use of the training programs and prescriptions in the App.

7. AI Coaching & Third-Party Models

The AI coach uses Google’s Gemini family of models. When you query the cloud coach, the App sends a prompt to a Cloudflare Worker we operate at relay.volumearc.app, which forwards the prompt to Google’s Gemini API. The relay forwards prompts as-is and does not retain prompt content or response bodies; it logs only request shape (path, status, latency) for operational monitoring. Google’s use of prompt data is governed by Google’s API terms. The App also runs on-device coaching via Apple’s Foundation Models when supported; that path never transmits data off-device.

AI output is generated probabilistically and may be inaccurate, incomplete, or unsuitable for your situation. Use your own judgment when applying any prescription, and stop if you experience pain.

8. Intellectual Property

The App, including its design, source code, logos, brand marks, eval fixtures, and content, is owned by Mabry Ventures and is protected by United States and international copyright, trademark, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on Apple devices you own or control, solely for your personal, non-commercial use, subject to these Terms.

9. Your Content

You retain all rights in workout notes, coach memory entries, and other content you create in the App. Your content is stored in your private CloudKit container under your iCloud account and is accessible to you, but not to Mabry Ventures (CloudKit private databases are encrypted in transit and at rest by Apple, who holds the keys; Mabry Ventures cannot read, list, or recover them). You grant Mabry Ventures no rights to your content beyond what is technically necessary to operate the App for you.

10. Termination

You may stop using the App at any time by uninstalling it. We may suspend or terminate your access to the App if you materially breach these Terms, including the Acceptable Use provisions in Section 5. On termination, Sections 6, 8, 10, 11, 12, and 13 survive.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MABRY VENTURES, ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE APP, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE GREATER OF (a) THE AMOUNT YOU PAID TO APPLE FOR YOUR SUBSCRIPTION TO THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Tennessee, United States, without regard to its conflict-of-laws rules. You agree that any legal action arising out of or related to the App or these Terms will be brought exclusively in the state or federal courts located in Davidson County, Tennessee, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this section limits any non-waivable rights or protections you have under the mandatory consumer-protection laws of your country or state of residence.

14. Apple-Specific Terms

These Terms are between you and Mabry Ventures, not Apple, and Mabry Ventures (not Apple) is solely responsible for the App and its content. Apple has no obligation to provide maintenance or support for the App. To the maximum extent permitted by applicable law, Apple has no warranty obligation whatsoever with respect to the App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and may enforce them against you.

15. Changes to These Terms

We may revise these Terms from time to time. The “Effective date” above will reflect the latest revision. Material changes will be surfaced in-app or via the App Store listing’s “What’s New” section. Your continued use of the App after a revision constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms? Email legal@volumearc.com or write to:

Mabry Ventures, LLC
Attn: Legal
Nashville, Tennessee, USA