Terms of Use

1. Acceptance of Terms

By downloading, installing, accessing, or using the XTA mobile application ("App"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"). If you do not agree to all of these Terms, you must immediately cease use of the App and delete it from your device. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Ascend Beyond ApS, CVR 46352270 ("Company," "we," "us," or "our"), a company incorporated and registered in Denmark.

By using the App, you represent that you are legally capable of entering into binding contracts. If you are accepting these Terms on behalf of another person or entity, you represent and warrant that you have full authority to bind that person or entity to these Terms.

2. Description of Service

XTA is a calisthenics workout tracking application available on iOS and Apple Watch. The App provides:

• Workout and exercise tracking
• Rest timers and workout execution tools
• Apple Health (HealthKit) integration for workout data
• AI-powered workout feedback and workout generation (paid subscription)

The App is a fitness tracking and information tool only. It is not a medical device, not a licensed health service, and does not provide medical advice, diagnosis, treatment, or physiotherapy of any kind. The AI features use third-party artificial intelligence services to analyze your workout data and generate suggestions. All AI-generated content — including workout plans, feedback, and recommendations — is for general informational purposes only, may contain errors or inaccuracies, and must not be relied upon as a substitute for professional judgment.

3. Eligibility

You must be at least 16 years old to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you confirm that you have obtained consent from a parent or legal guardian, and that such parent or legal guardian has read and agreed to these Terms on your behalf. The parent or legal guardian assumes full responsibility for the minor's use of the App, including financial responsibility and all liability provisions set forth herein.

4. Account Registration

To access the App, you must create an account using Sign in with Apple. You are responsible for:

• All activity that occurs under your account
• Maintaining the security of your device and Apple ID
• Notifying us promptly if you suspect unauthorized use of your account

You may delete your account at any time from the App settings. Account deletion is subject to a 7-day grace period, during which you may cancel the request by signing back in. After the grace period expires, your account and all associated data are permanently deleted. You may also request deletion by contacting support@xta.one.

5. Subscriptions and Payments

XTA offers a free tier and a paid subscription ("XTA Apex").

Free Tier

Full workout tracking functionality at no cost. No AI features included.

XTA Apex Subscription

• Provides access to AI-powered workout feedback and AI workout generation
• Billed monthly via your Apple ID account
• Payment is charged at confirmation of purchase
• Subscription automatically renews unless cancelled at least 24 hours before the end of the current billing period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel your subscription at any time, without penalty, in your device's Settings > Apple ID > Subscriptions. Cancellation takes effect at the end of the current billing period
• Refund requests must be directed to Apple in accordance with their refund policy

5.1 Right of Withdrawal — EU/EEA and UK Consumers

If you are a consumer resident in the European Union, European Economic Area, or the United Kingdom, you have a statutory right to withdraw from a distance contract for digital services within fourteen (14) days from the day the contract is concluded (Article 9 of Directive 2011/83/EU, as amended, and equivalent national law — in Denmark, the Forbrugeraftaleloven).

Express consent to immediate performance and acknowledgement of loss of withdrawal right: By purchasing an XTA Apex subscription and receiving immediate access to AI-powered features, you expressly consent to the supply of the digital service beginning before the 14-day withdrawal period expires. You acknowledge that, once the supply has begun with your express consent, you lose your right of withdrawal to the extent the service has been fully performed, in accordance with Article 16(m) of Directive 2011/83/EU and § 18, stk. 2, nr. 13 of the Danish Forbrugeraftaleloven.

If you have not yet used or received any AI-generated content under your Apex subscription, you may exercise your right of withdrawal within 14 days of purchase by contacting us at support@xta.one with a clear statement of your decision to withdraw. We will refund the purchase price via Apple within 14 days of receiving your withdrawal notice. You may use the Model Withdrawal Form at Annex I(B) of Directive 2011/83/EU, but this is not mandatory.

This right of withdrawal is in addition to any consumer rights you may have under the mandatory law of your country of residence, and nothing in these Terms limits those rights.

6. User Responsibilities

You agree to:

• Use the App only for lawful purposes and in accordance with these Terms
• Not attempt to reverse-engineer, decompile, or disassemble the App, except to the extent such activity is expressly permitted by applicable mandatory law (including, where applicable, Article 6 of Directive 2009/24/EC on the legal protection of computer programs)
• Not attempt to gain unauthorized access to the App's systems or infrastructure
• Not use the App in any way that could damage, disable, or impair the service
• Not use automated means to access or interact with the App

6.1 Export Controls and Sanctions

You represent and warrant that: (a) you are not located in, and are not a national or resident of, any country that is subject to a comprehensive embargo by the European Union, Denmark, the United Kingdom, or the United States (including, at the time of these Terms, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Luhansk, Zaporizhzhia, and Kherson regions of Ukraine); (b) you are not listed on any sanctioned, denied, or restricted persons list maintained by the EU, Denmark, the UK, or the United States (including the U.S. Treasury Office of Foreign Assets Control (OFAC) Specially Designated Nationals list, the EU Consolidated Financial Sanctions List, and the UK HM Treasury Consolidated List); and (c) you will not use the App in violation of any applicable export control or sanctions law. We reserve the right to suspend or terminate your access if we determine that your use of the App may violate applicable export control or sanctions law.

7. Health and Fitness Disclaimer — PLEASE READ CAREFULLY

THIS SECTION CONTAINS IMPORTANT LEGAL TERMS THAT AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY BEFORE USING THE APP.

7.1 Not Medical Advice

The App, including all content, features, workout suggestions, AI-generated feedback, AI-generated workout plans, and any other information provided through the App (collectively, "App Content"), is provided strictly for general informational and fitness tracking purposes. App Content does not constitute and shall not be construed as medical advice, diagnosis, treatment recommendation, physiotherapy, personal training, or any form of professional health or fitness guidance.

The App is not intended to be used as a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice, delay seeking medical treatment, or discontinue medical treatment because of information provided by the App.

7.2 Physician Consultation

You should consult a qualified physician, licensed healthcare provider, or certified fitness professional before: (a) beginning any exercise program; (b) making changes to your existing training routine; (c) following any workout suggestion or AI-generated workout plan from the App; or (d) if you have any medical condition, injury, illness, or disability that may be affected by physical exercise. If you experience any pain, discomfort, dizziness, faintness, shortness of breath, or any other symptoms during exercise, you must immediately stop the activity and consult a physician.

7.3 Assumption of Risk

You expressly acknowledge, understand, and agree that physical exercise and calisthenics training involve inherent risks of physical injury, including but not limited to:

• Muscle, ligament, and tendon strains, sprains, tears, and ruptures
• Bone fractures, dislocations, and joint injuries
• Spinal injuries, including herniated discs and nerve damage
• Cardiovascular events, including heart attack, stroke, abnormal heart rhythm, and cardiac arrest
• Heat-related illness, including heat exhaustion and heat stroke
• Rhabdomyolysis (muscle breakdown)
• Falls and impact injuries
• Overtraining syndrome, chronic fatigue, and overuse injuries
• Aggravation of pre-existing conditions or injuries
• In extreme cases, permanent disability or death

You voluntarily assume full responsibility for any and all risks of injury, illness, disability, or death arising from your use of the App, your participation in any exercise or training activity logged, tracked, suggested, or generated through the App, and your reliance on any App Content. This assumption of risk applies regardless of whether the injury or harm results from your own actions, the actions of others, the condition of any exercise location or equipment, or any App Content including AI-generated suggestions.

You acknowledge that these risks may arise from your own negligence, the negligence of others, or from conditions beyond anyone's control. You assume these risks knowingly and voluntarily.

7.4 AI Content Limitations

AI-generated workout plans, feedback, and suggestions are produced by automated systems using third-party artificial intelligence technology. Such content:

• May contain errors, inaccuracies, or inappropriate recommendations
• Is not reviewed by any human, physician, physiotherapist, or certified personal trainer before delivery
• Does not account for your complete medical history, physical limitations, injuries, or health conditions
• Does not constitute a personalized exercise prescription
• May suggest exercises that are unsuitable or dangerous for your specific fitness level, body composition, or health status

You are solely responsible for evaluating the suitability and safety of any AI-generated content before acting on it. The Company expressly disclaims any responsibility for injuries, damages, or adverse outcomes resulting from your reliance on AI-generated content.

7.5 Your Health Representations

By using the App, you represent and warrant that:

• You are in adequate physical condition to engage in exercise and calisthenics training
• You have no medical condition, injury, or disability that would make exercise dangerous to you, or you have obtained clearance from a qualified physician to exercise despite such condition
• You will immediately cease any exercise activity if you experience pain, discomfort, or adverse symptoms
• You understand that you exercise at your own risk and that the Company bears no responsibility for your physical safety during any workout activity

8. Intellectual Property

All content, features, and functionality of the App — including text, graphics, logos, icons, software, and design — are the exclusive property of Ascend Beyond ApS and are protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any part of the App without our prior written consent.

9. User Data and Content

You retain ownership of the workout data you create in the App. By using the App, you grant us a limited, non-exclusive, worldwide license to process your data as necessary to provide and improve the service, including transmitting anonymized workout data to AI services for feedback generation. See our Privacy Policy for details on how your data is handled.

10. Third-Party Services

The App integrates with the following third-party services:

• Apple HealthKit — for reading and writing workout and health data on your device
• Google Gemini — for AI-powered workout feedback and workout generation (paid tier only)
• Supabase — for secure data storage and processing, and authentication
• Sentry — for error tracking and application monitoring

Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party service providers, and we disclaim all liability arising from or related to your use of such third-party services.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL APP CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

We expressly disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the App will be uninterrupted, timely, secure, or error-free
• Any warranty regarding the accuracy, reliability, completeness, or suitability of App Content, including AI-generated content
• Any warranty that the App will meet your requirements or expectations
• Any warranty that defects will be corrected or that the App is free of viruses or other harmful components

No advice or information, whether oral or written, obtained by you from the Company or through the App shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of implied warranties; in such jurisdictions, the above exclusions apply to the greatest extent permitted by applicable law.

12. Limitation of Liability

IMPORTANT — MANDATORY LAW CARVE-OUT (READ FIRST): Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) gross negligence or willful misconduct; or (iv) any other liability that cannot be excluded or limited under applicable mandatory law. If you are a consumer resident in the European Union, European Economic Area, the United Kingdom, or any other jurisdiction whose mandatory consumer protection law overrides these Terms, you enjoy the full protection of that law, and the limitations in this Section 12 apply to you only to the extent permitted by that law.

Subject to the mandatory law carve-out above, and TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Ascend Beyond ApS, its founders, officers, directors, employees, agents, affiliates, and licensors (collectively, the "Released Parties") shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to damages for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the App
• The Released Parties shall not be liable for any personal injury, bodily harm, disability, or death arising from or related to your use of the App, your participation in any exercise or training activity, or your reliance on any App Content, including AI-generated content, except where such liability cannot be excluded under the mandatory law carve-out above
• The Released Parties shall not be liable for any damages arising from: (a) errors, inaccuracies, or omissions in App Content; (b) unauthorized access to or alteration of your data; (c) any third-party conduct or content; or (d) any interruption or cessation of the service
• In no event shall the total aggregate liability of the Released Parties for all claims arising out of or relating to these Terms or the App exceed the greater of: (a) the total amount you paid to us in subscription fees during the twelve (12) months preceding the claim, or (b) one hundred euros (EUR 100.00)

The limitations in this section apply regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, warranty, or otherwise, and regardless of whether the Released Parties have been advised of the possibility of such damages.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of the App or any App Content
• Any exercise, training, or physical activity you perform in connection with, or as a result of, your use of the App
• Any injury to yourself or any third party arising from your exercise activities
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any rights of any third party

This indemnification obligation shall survive termination of these Terms and your use of the App. If you are a consumer resident in the European Union, this indemnification clause applies only to the extent permitted by the mandatory consumer protection laws of your country of residence.

14. Waiver and Release

To the maximum extent permitted by applicable law, you hereby waive, release, and forever discharge the Released Parties from any and all claims, demands, causes of action, damages, losses, and liabilities of every kind and nature, whether known or unknown, suspected or unsuspected, that you have now or may hereafter have, arising out of or in any way related to:

• Your use of the App
• Any physical exercise or training activity you undertake, whether or not suggested, tracked, or generated by the App
• Any injury, illness, disability, death, or property damage resulting from such activities
• Any AI-generated content, workout plans, feedback, or suggestions provided through the App

This waiver and release includes, but is not limited to, claims arising from the negligence of the Released Parties, to the fullest extent permitted by applicable law. In the European Union, European Economic Area, and United Kingdom, this waiver does not apply to claims arising from our gross negligence or willful misconduct, to claims for death or personal injury caused by our negligence, or to any other liability that cannot be waived under mandatory applicable law.

State-specific carve-outs (United States): This waiver does not apply to the extent it is prohibited or limited by the law of your state of residence. In particular, residents of states that restrict or prohibit pre-injury releases of liability for negligence — including, without limitation, Connecticut, Louisiana, Montana, and Virginia — are subject to this waiver only to the extent it is enforceable under that state's law.

If you are a resident of the United States, you expressly waive the benefits of any statute or legal principle that provides that a general release does not extend to claims that you do not know or suspect to exist at the time of the release, including but not limited to California Civil Code Section 1542 and similar laws of other states, to the fullest extent permitted by applicable law.

15. Dispute Resolution

15.1 For Users Outside the United States

These Terms are governed by and construed in accordance with the laws of Denmark, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of Copenhagen, Denmark. If you are a consumer resident in the European Union, you also enjoy the protection of mandatory provisions of the law of your country of residence, and nothing in these Terms deprives you of the right to bring proceedings before the courts of your country of residence. EU consumers may also use the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

15.2 For Users in the United States

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If you are a resident of the United States, you and Ascend Beyond ApS agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App (collectively, "Disputes") shall be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).

Notice and Opportunity to Cure (Pre-Arbitration Notice): Before initiating arbitration, you agree to first send a written notice of dispute to support@xta.one. The notice must include (a) your name, email, and account identifier; (b) a description of the nature and basis of the claim; and (c) the specific relief sought. We will attempt in good faith to resolve the dispute within thirty (30) days of receipt. If we cannot resolve the dispute within that period, either party may proceed to arbitration. Compliance with this notice-and-cure procedure is a prerequisite to initiating arbitration, and neither party may commence arbitration without first complying with this paragraph.

Delegation to the Arbitrator: Except as provided below, all issues are for the arbitrator to decide, including but not limited to: the scope, applicability, interpretation, enforceability, formation, validity, or unconscionability of this arbitration agreement; whether any particular claim is subject to arbitration; and the arbitrability of any dispute. However, the enforceability of the Class Action Waiver below shall be decided by a court of competent jurisdiction and not by the arbitrator.

Class Action Waiver: YOU AND ASCEND BEYOND ApS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

Severability of Arbitration Provisions: If the Class Action Waiver is found to be unenforceable in a particular case, then the entirety of this Section 15.2 (arbitration) shall be null and void as to that particular claim, and that claim shall proceed in court in accordance with Section 15.1, but the Class Action Waiver shall remain in full force and effect as to all other claims. If any other provision of this Section 15.2 is found to be unenforceable, that provision shall be severed, and the remainder of this Section 15.2 shall remain in full force and effect.

Injunctive Relief Carve-Out: Notwithstanding the foregoing, either party may bring a lawsuit in court solely for temporary, preliminary, or permanent injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Pursuit of such equitable relief shall not constitute a waiver of the right to arbitrate under this Section 15.2 with respect to any other claim.

Arbitration Rules and Venue: Arbitration shall be conducted under the rules of the International Chamber of Commerce (ICC) or, at the claimant's election, the American Arbitration Association (AAA) Consumer Arbitration Rules. The arbitration shall take place in a mutually agreed location or, if no agreement is reached, by videoconference. The language of the arbitration shall be English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

30-Day Opt-Out: You may opt out of this arbitration and class action waiver provision by sending written notice to support@xta.one within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration clause. If you opt out, the Governing Law and jurisdiction provisions for non-US users in Section 15.1 shall apply to you.

15.3 Contractual Limitation Period

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to your use of the App or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This contractual limitation period does not apply to consumers in jurisdictions where such a shortened limitation period is prohibited by mandatory consumer protection law. In the European Union, European Economic Area, United Kingdom, and any other jurisdiction whose mandatory law provides a longer limitation period for consumer claims, the mandatory statutory period applies.

16. Termination

We may suspend or terminate your access to the App at any time, with or without cause, if you violate these Terms or for any other reason at our sole discretion. You may stop using the App at any time.

Upon termination:

• Your right to use the App ceases immediately
• You may delete your account through the App settings, subject to a 7-day grace period
• You may request export or deletion of your data by contacting support@xta.one
• Active subscriptions must be cancelled separately through Apple — account deletion does not cancel your subscription

The following provisions survive termination of these Terms: Sections 6.1 (Export Controls and Sanctions), 7 (Health and Fitness Disclaimer), 8 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Waiver and Release), 15 (Dispute Resolution, including 15.3 Contractual Limitation Period), 19 (Severability), 20 (Entire Agreement), and any other provisions that by their nature should survive.

17. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemic, war, terrorism, riots, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party service providers.

18. Modifications to Terms

We reserve the right to update or modify these Terms at any time. Material changes will be communicated through the App or via the email associated with your account at least thirty (30) days before taking effect. The updated "Last Updated" date at the top indicates when revisions were made. Your continued use of the App after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the App and delete your account.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision in a particular jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

20. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Ascend Beyond ApS regarding your use of the App and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral. No oral representations, statements, or inducements apart from these Terms have been made. No waiver of any provision of these Terms shall be effective unless made in writing and signed by the Company.

21. Apple-Specific Terms

These Terms are between you and Ascend Beyond ApS, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.

• Apple has no obligation to provide maintenance or support for the App
• In the event of a failure to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation with respect to the App
• Apple is not responsible for addressing any claims relating to the App, including product liability claims, regulatory compliance, or intellectual property infringement
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, may enforce these Terms against you

22. Contact Us

If you have questions about these Terms, contact us at:

Ascend Beyond ApS
CVR 46352270
Møllestenen 27, 3140 Ålsgårde
Denmark
Email: support@xta.one