Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Exercise Innovation. These Terms of Service (“Terms”) govern your access to and use of the website located at exerciseinnovation.net (the “Website”), including any content, features, applications, programs, physical products, and services offered through it (collectively, the “Services”).

The Services are operated by EI SPORTS LLC, a limited liability company organized under the laws of the State of Michigan, with its principal place of business at 15985 Canal Road, Clinton Township, Michigan 48044 (“Company,” “we,” “our,” or “us”).

By accessing or using the Website, creating an account, purchasing a program or product, or booking a coaching session, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website or any of our Services.

2. Services and Products Overview

Exercise Innovation provides sports performance training programs, mental performance training programs, one-on-one coaching sessions, educational content, downloadable guides, physical products, and related digital services designed for competitive athletes at all levels.

2.1 Digital Programs and Services

• Training Programs — Multi-week, phased conditioning programs delivered through our platform with video demonstrations, progress tracking, and downloadable resources. Current programs include the ACL Recovery Program, Soccer Off-Season Program, and Mental Performance Program.
• Mental Performance Program — A structured 10-session mental skills training program covering visualization, conscious breathing techniques, self-talk regulation, goal setting, emotional control, meditation, and mindset development.
• 1-on-1 Coaching Sessions — Individual coaching sessions with Coach Dave Boyer for personalized mental performance guidance and sports performance consultation, priced at the rate listed on the Website at the time of booking.
• Digital Resources — Training manuals, educational blog articles, downloadable guides, and other informational content available through the Website and web application.

2.2 Physical Products

We sell physical merchandise and training equipment through our online store, including but not limited to branded apparel (hoodies, clothing), balance boards, and other performance-related products. All physical products are subject to the return and refund terms outlined in our Refund and Return Policy.

We reserve the right to modify, suspend, or discontinue any part of the Services or product offerings at any time without prior notice.

3. Account Registration and Security

To access certain features of the Services, you must create an account. Account authentication is managed through Clerk, a third-party authentication service. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and update your information to keep it accurate and current.
• Keep your login credentials confidential and not share them with any third party.
• Accept responsibility for all activity that occurs under your account.
• Notify us immediately at Support@exerciseinnovation.net if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate your account at any time if we reasonably believe that your account information is inaccurate, that you have violated these Terms, or that your account has been compromised.

4. Age Requirements

The Services are available to users of all ages. However, children under the age of 13 must use the Website and Services only with the permission and supervision of a parent or legal guardian. By allowing a child under 13 to use the Services, the parent or guardian agrees to these Terms on behalf of the child and accepts full responsibility for the child's use of the Services.

If we become aware that a child under 13 is using the Services without verifiable parental consent, we may terminate that account and delete associated data in accordance with applicable law.

5. Purchases, Payments, and Pricing

All purchases made through the Website, including program enrollments, one-on-one coaching session bookings, and physical product orders, are processed securely through Stripe. We do not store your payment card details on our servers. By making a purchase, you agree that:

• All pricing is listed in U.S. Dollars (USD) unless otherwise stated.
• Prices are subject to change at any time without prior notice. However, price changes will not affect purchases already completed.
• You are responsible for any applicable taxes, shipping costs, and duties associated with your purchase.
• You authorize us to charge the payment method you provide for the total amount of your purchase.
• For physical products, shipping times and costs will be displayed at checkout. Delivery timelines are estimates and may vary based on location and carrier availability.

7. Shipping and Delivery

Physical products are shipped to the address provided at checkout. It is your responsibility to ensure that the shipping address is accurate and complete. Estimated delivery timelines are provided at checkout and may vary based on your location and carrier conditions.

We are not responsible for delays caused by the shipping carrier, weather, customs, or incorrect addresses provided by the buyer. Risk of loss or damage to physical products passes to you upon delivery to the shipping carrier.

If a package is marked as delivered but you have not received it, please contact the shipping carrier first. If the issue remains unresolved, reach out to us at Support@exerciseinnovation.net and we will work with you to find a solution.

8. User Conduct and Responsibilities

By using the Services, you agree that you will:

• Use the Services only for lawful purposes and in accordance with these Terms.
• Not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content, materials, or intellectual property from the Website without our prior written consent.
• Not share your account access, program content, training videos, downloadable guides, or any proprietary materials with any third party.
• Not attempt to gain unauthorized access to any part of the Website, other accounts, or any systems or networks connected to the Website.
• Not use the Services to transmit any harmful, offensive, or illegal content.
• Not interfere with or disrupt the Website, servers, or networks connected to the Services.

We reserve the right to terminate or restrict your access to the Services at any time, without notice, for any conduct that we determine, in our sole discretion, violates these Terms or is harmful to other users, us, or third parties.

9. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, videos, training programs, downloadable guides, program structures, coaching frameworks, product designs, and software, is the property of EI SPORTS LLC or its content creators and is protected by United States and international copyright, trademark, and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and content for your personal, non-commercial use only. This license does not include the right to:

• Resell or commercially use any content, materials, or products.
• Copy, reproduce, or distribute program content in any form.
• Record, screen-capture, or redistribute coaching sessions or training videos.
• Use our trademarks, logos, or brand elements without written permission.

Any unauthorized use of our content terminates the license granted herein and may result in legal action.

10. Health and Fitness Disclaimer

11. Third-Party Services

We use the following third-party services to operate and deliver the Services. Each third-party service is governed by its own terms of service and privacy policy, which we encourage you to review:

• Clerk — Account authentication and user management.
• Stripe — Secure payment processing.
• Mailchimp — Email marketing and communications.
• Supabase — Application data storage and backend services.
• Google Analytics — Website traffic analysis and performance tracking.
• Google Gemini API — AI-powered chatbot support on the Website.
• PocketBase — Consultation form data storage.
• YouTube — Embedded video content delivery.
• Microsoft Bookings — Coaching session scheduling.

We are not responsible for the practices, policies, or content of any third-party services. Your use of third-party services is at your own risk.

12. Data Collection and Use

We collect and use certain personal information to provide and improve the Services. This includes account information (name and email), payment information processed through Stripe, email subscription data managed through Mailchimp, application progress data stored via Supabase, shipping information for physical product orders, and website usage data collected through Google Analytics.

For complete details about how we collect, use, store, and protect your personal information, please review our Privacy Policy.

13. Cookies

Our Website uses cookies and similar tracking technologies to enhance your browsing experience, analyze website performance, and deliver relevant content. By using the Website, you consent to our use of cookies as described in our Cookies Policy.

For complete details about the types of cookies we use, how they work, and how you can manage your cookie preferences, please review our Cookies Policy.

14. Limitation of Liability

15. Indemnification

You agree to indemnify, defend, and hold harmless EI SPORTS LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Services or any activity under your account.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any rights of a third party.
• Any content or information you submit, post, or transmit through the Services.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in the State of Michigan, in accordance with the rules of the American Arbitration Association. Both parties waive the right to a jury trial and the right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

17. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Changes will become effective immediately upon posting the revised Terms on the Website. The “Effective Date” at the top of this page will be updated accordingly.

Your continued use of the Website or Services after any changes to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: