Terms of Use

1. Who we are

Pentagon Strength is operated by Nerio Cedeno, an individual based in Plantation, Florida, United States, doing business as Pentagon Strength (with Pentagon Software LLC in formation) — collectively referred to as "Pentagon Strength," "Company," "we," "us," or "our."

For any question, request, or notice related to these Terms: nerio023@gmail.com

2. Eligibility

You must be at least 18 years of age to create an account or use Pentagon Strength. By creating an account, you represent and warrant that:

• You are at least 18 years of age and have full legal capacity to enter into binding contracts.
• You will provide accurate, current, and complete information during registration.
• You are not prohibited from using the app under the laws of your country or jurisdiction.
• You are not located in, under the control of, or a national or resident of any country subject to U.S. economic sanctions or embargo.

If you are under 18, do not create an account or submit any personal information to us.

3. Your account

You are responsible for:

• Maintaining the confidentiality of your password.
• All activity that occurs under your account.
• Notifying us immediately at nerio023@gmail.com if you suspect unauthorized access to your account.

You may not:

• Share your account credentials with anyone else.
• Create more than one account per person.
• Use false information or impersonate another person.
• Sell, transfer, or assign your account to a third party.

We reserve the right to suspend or terminate any account that violates these Terms, subject to Section 13.

4. Description of the service

Pentagon Strength is a mobile fitness application that provides automatically generated strength training plans based on the information you provide (training goal, days per week, and other inputs). The app allows you to record workout sets, reps, weights, and effort levels, and to track your progress over time.

We do not guarantee continuous, uninterrupted, or error-free operation of the app. We may modify, suspend, or discontinue any feature at any time, subject to our notice obligations in Section 14.

5. Subscription and billing

5.1 Subscription terms

Pentagon Strength is offered as a paid subscription at $12.00 USD per month, billed monthly through your Apple ID. A 5-day free trial is offered to new users. If a free trial is offered to you, you must cancel before the trial period ends to avoid being charged.

5.2 Auto-renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Your Apple ID will be charged for renewal within 24 hours of the end of the current period.

5.3 Cancellation — One-click in-app access

In compliance with applicable consumer protection laws — including California Senate Bill 313 and New York General Business Law § 527-a — you may cancel your subscription using either of the following one-click methods:

• In-app: Open Pentagon Strength → Settings → Manage Subscription. This redirects you directly to the Pentagon Strength subscription page in your Apple ID, where you can cancel with one tap.
• Apple ID settings: Open the Settings app → tap your name → Subscriptions → Pentagon Strength → Cancel Subscription.

Cancellation takes effect at the end of the current billing period. You retain access to paid features until that date.

5.4 Refunds

All subscription purchases are processed by Apple under the App Store's terms. We do not have the technical ability to issue refunds for App Store purchases. To request a refund, submit your request directly to Apple at reportaproblem.apple.com, or through the Settings app on your device.

If you need assistance navigating the Apple refund process, you may contact us at nerio023@gmail.com and we will provide guidance to the extent we are able. However, the final refund decision rests exclusively with Apple.

5.5 Price changes

We may change the subscription price at any time. Price changes will not affect your current billing period. We will notify you of any price change at least 30 days before it takes effect. If you do not agree to the new price, you may cancel your subscription before it renews at the new rate.

5.6 Family Sharing

Pentagon Strength subscriptions are not eligible for Apple Family Sharing.

6. Acceptable use

You agree NOT to:

• Use the app for any unlawful purpose or in violation of any law or regulation.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the app.
• Scrape, harvest, or extract data from the app by automated means.
• Use bots, scripts, or other automated tools to interact with the app.
• Attempt to gain unauthorized access to any part of the app, its servers, or its database.
• Interfere with or disrupt the operation of the app or the servers or networks that host it.
• Upload, transmit, or distribute viruses, malware, or any other malicious code.
• Use the app to harass, abuse, or harm any other person.
• Resell, sublicense, or commercially exploit the app or any of its content without our prior written permission.

Violation of this section may result in immediate termination of your account without notice or refund, subject to Section 13.

7. Your content

You retain ownership of the workout data you record in the app (sets, reps, weights, effort levels, PRs).

By using the app, you grant us a limited, non-exclusive, royalty-free license to store, process, and display your workout data solely for the purpose of operating the app and providing the service to you.

We will not share, sell, or use your workout data for any other purpose. See our Privacy Policy for full details on how we handle your data.

8. Our intellectual property

The Pentagon Strength application, including but not limited to its source code, design, logos, graphics, text, exercise database, plan-generation logic, and any other content provided by us, is the exclusive property of Pentagon Strength and is protected by United States and international copyright, trademark, and other intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to use the app for your personal, non-commercial fitness purposes only. This license terminates automatically if you violate any of these Terms.

You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the app without our prior written permission.

9. Privacy

Your use of Pentagon Strength is also governed by our Privacy Policy, which describes what data we collect, how we use it, and your rights regarding your personal information. By accepting these Terms, you also accept the Privacy Policy.

10. Health and liability disclaimers

10.1 Not medical or professional advice

Pentagon Strength does not provide medical advice, diagnosis, or treatment. The workout plans, exercise recommendations, and fitness content available through the app are for general informational and educational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider.

10.2 Consult your physician

BEFORE BEGINNING ANY EXERCISE PROGRAM, YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER, especially if you have any pre-existing medical conditions, injuries, disabilities, or if you are pregnant, postpartum, elderly, or have been sedentary for an extended period of time.

Never disregard professional medical advice or delay seeking it because of something you have read or received through Pentagon Strength.

10.3 Not a personal trainer

YOU ACKNOWLEDGE THAT PENTAGON STRENGTH DOES NOT FUNCTION AS A PERSONAL TRAINER AND DOES NOT PROVIDE PERSONALIZED FITNESS COACHING.

The workout plans generated by the app are based on general fitness principles and the information you provide. They have not been designed by a licensed fitness professional specifically for your individual physical condition, fitness level, or health status.

10.4 Assumption of risk

YOU VOLUNTARILY ASSUME ALL RISKS associated with the use of Pentagon Strength and participation in any physical activity, exercise, or workout plan accessed through the app.

Physical activity and exercise carry inherent risks, including but not limited to: muscle strains, joint injuries, fractures, cardiovascular events, and in extreme cases, death. By using the app, you acknowledge these risks and voluntarily accept full responsibility for your participation.

You agree to stop any exercise immediately if you feel pain, dizziness, shortness of breath, or any other abnormal symptoms, and to seek medical attention if necessary.

10.5 Results may vary

Pentagon Strength makes no guarantees regarding specific fitness results. Individual results will vary based on factors including but not limited to: starting fitness level, consistency, nutrition, sleep, genetics, and overall health. Any results shown or described are not typical and should not be expected by every user.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PENTAGON STRENGTH, NERIO CEDENO, PENTAGON SOFTWARE LLC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, OR ANY OTHER HARM — ARISING FROM OR RELATED TO YOUR USE OF PENTAGON STRENGTH, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF:

• Fifty U.S. dollars ($50.00), or
• The total amount you paid us in the three (3) months immediately preceding the event giving rise to the claim.

11.1 Carve-outs — limitations that DO NOT apply

Notwithstanding the foregoing, nothing in these Terms shall be construed to limit or exclude our liability for:

• Gross negligence or willful misconduct by us;
• Fraud or fraudulent misrepresentation;
• Personal injury or death to the extent caused by our gross negligence or intentional wrongdoing;
• Any liability that cannot be excluded or limited under applicable law.

11.2 State-specific savings clause

Because some jurisdictions do not allow the exclusion or limitation of liability for personal injury caused by ordinary negligence — including but not limited to Virginia, Montana, Louisiana, and New York — our liability in those jurisdictions shall be limited to the maximum extent permitted by law.

You may have additional rights under your state's consumer protection laws that cannot be waived by contract. Nothing in these Terms is intended to limit or exclude such rights, and any provision that conflicts with non-waivable consumer rights shall be deemed modified to the minimum extent necessary to comply with such law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Pentagon Strength, Nerio Cedeno, Pentagon Software LLC, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses — including reasonable attorneys' fees — arising out of or in any way related to:

• Your use of or inability to use the app,
• Your violation of these Terms,
• Your violation of any third-party right, including any intellectual property or privacy right,
• Any content you submit to the app, or
• Any injury, harm, or damage to you or any third party resulting from your participation in physical exercise.

This indemnification obligation does not apply to claims arising from our own gross negligence, willful misconduct, or fraud.

13. Termination

13.1 Termination by you

You may terminate these Terms at any time by deleting your account. You can delete your account from your Account page in the app.

13.2 Termination by us

We may suspend or terminate your account at any time, with reasonable notice when feasible, if:

• You violate these Terms or our Privacy Policy.
• You engage in fraudulent, abusive, or illegal conduct.
• We are required to do so by law.
• We discontinue the app or any of its features.

Upon termination, your right to access and use the app ceases immediately. Provisions of these Terms that by their nature should survive termination — including but not limited to Sections 8 (IP), 10 (Health Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 17 (Arbitration) — shall survive.

14. Modifications to these Terms

We may modify these Terms from time to time. For any modification to these Terms, regardless of significance, we will:

• Update the "Last updated" date at the top of this document.
• Notify you of the change by at least one of the following methods: an in-app banner displayed when you next open the app, or an email to the address associated with your account.
• Require your affirmative acceptance of the updated Terms before you may continue using the app. You must tap or click an "I Accept" button (or equivalent control) to indicate your agreement.

If you do not accept the updated Terms:

• Your right to use the app will end.
• You may delete your account at any time.
• We will not initiate any further subscription charges, and you will retain access to the paid features until the end of your current billing period.

15. Apple App Store provisions

This Section applies to your use of Pentagon Strength downloaded from the Apple App Store. In the event of any conflict between these Terms and the Apple Media Services Terms and Conditions, the Apple terms control with respect to the App Store relationship.

15.1 Acknowledgment

You acknowledge that these Terms are between you and Pentagon Strength only, not with Apple Inc. ("Apple"). Apple is not responsible for the app or its content.

15.2 Scope of license

Your license to use the app is limited to a non-transferable license to use the app on any Apple-branded device that you own or control, subject to the Usage Rules in the Apple Media Services Terms.

15.3 Maintenance and support

Pentagon Strength — not Apple — is solely responsible for providing any maintenance and support services for the app. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.

15.4 Warranty

Pentagon Strength — not Apple — is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

15.5 Product claims

Pentagon Strength — not Apple — is responsible for addressing any claims by you or any third party relating to the app or your use of it, including but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

15.6 Intellectual property rights

In the event of any third-party claim that the app or your use of it infringes that third party's intellectual property rights, Pentagon Strength — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

15.7 Legal compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

15.8 Third-party beneficiary

You and Pentagon Strength acknowledge that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16. Notices

Notices to you may be sent via email to the address associated with your account or by posting within the app. Notices to us must be sent to: nerio023@gmail.com — Subject line: as appropriate for the notice type.

A notice is deemed given on the date it is sent.

17. Dispute resolution and arbitration agreement

17.1 Agreement to arbitrate

You and Pentagon Strength agree that any dispute, claim, or controversy arising out of or relating to these Terms, the app, your account, any content generated by the app, any billing or subscription matter, or any alleged violation of law in connection with the above, shall be resolved exclusively through binding individual arbitration governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), and not by a judge or jury in a court of law, except as expressly provided in Section 17.3.

17.2 Informal resolution first (required)

Before initiating arbitration, the party asserting a claim must give the other party a written Notice of Dispute by email. If you are notifying us: send to nerio023@gmail.com with subject line "Notice of Dispute — Pentagon Strength". Include your name, the email address associated with your account, a description of the dispute, and the relief you seek.

The parties agree to attempt to resolve the dispute informally for 30 days after the Notice of Dispute is received. If unresolved, either party may initiate arbitration.

17.3 Exceptions — claims not subject to arbitration

• Small claims court: Either party may bring an individual claim in small claims court in the county where you reside or in Miami-Dade County, Florida, provided the claim qualifies under that court's jurisdictional limits and remains an individual (non-class) action.
• Intellectual property: Claims relating to copyright, trademark, trade secret, or patent rights may be brought in court without first arbitrating.
• Emergency injunctive relief: Either party may seek emergency injunctive or other equitable relief from a court to prevent irreparable harm, without waiving the right to arbitrate the underlying claim.
• Government enforcement actions: Nothing in this Agreement limits the ability of a government agency to bring claims or seek remedies on behalf of consumers under applicable law.

17.4 Arbitration rules and administrator

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org or by calling 1-800-778-7879. The arbitrator shall apply Florida substantive law and the Federal Arbitration Act.

17.5 Class action and collective action waiver

THIS IS A CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.

You and the Company each waive the right to bring or participate in any class, collective, consolidated, coordinated, or representative action or arbitration. The arbitrator may not consolidate more than one person's claims, may not preside over any class or representative proceeding, and may not award class-wide relief of any kind. You may only seek relief on an individual basis.

17.10 Your right to opt out

You have the right to opt out of this arbitration agreement within 30 days of first creating your Pentagon Strength account.

To opt out, send written notice to nerio023@gmail.com with subject line "Arbitration Opt-Out — Pentagon Strength", including your full name, account email, and a statement that you are opting out of the arbitration agreement.

17.12 Governing law and severability

This arbitration agreement is governed by the Federal Arbitration Act. All other aspects of the dispute shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

18. General provisions

18.6 Governing law and venue

These Terms shall be governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles, except that Section 17 (Arbitration) is governed by the Federal Arbitration Act.

For business and non-consumer claims: the exclusive jurisdiction and venue shall be the state or federal courts located in Miami-Dade County, Florida.

18.7 Survival

The provisions of these Terms that by their nature should survive termination — including but not limited to Sections 8, 10, 11, 12, 16, 17, and 18 — shall survive any termination of these Terms or your account.

19. Contact

For any question or notice regarding these Terms: nerio023@gmail.com

Response time: Within 7 business days for general inquiries; specific timeframes apply for legal notices as described above.