TERMS AND CONDITIONS OF USE

Last updated: August 31, 2026

By downloading, installing, or using the Physically application (the “App”) on any mobile phone, tablet, or other compatible device (collectively, “Device”), you affirm that you are at least 18 years of age, that you have read and understand these Terms and Conditions of Use Agreement (this “Agreement”), and that you agree to be bound by them and by any other applicable law. Physically LLC (“Physically”) may update these Terms and Conditions of Use from time to time. When material changes are made, you will be required to affirmatively accept the updated terms before continuing to use the App. If you do not agree to these Terms and Conditions of Use, you may not use the App.

1. Agreement. This Agreement governs your access to and use of the App and all content, features, and services made available through the App. This Agreement may be modified by Physically from time to time. When material modifications are made, Physically will provide notice within the App and require you to affirmatively accept the updated Agreement before continuing to use the App. Your continued use of the App is your consent to this Agreement. You can review the current version of this Agreement at any time within the App. 

2. Privacy. Your use of the App is also governed by our Privacy Policy. Please review our Privacy Policy on the App.

3. Ownership. All content included on this App is and shall continue to be the property of Physically or its third party suppliers and licensors, and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the App is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this App.

4. Intended Audience. The App is intended solely for users who are 18 years of age or older. By creating an account or using the App, you represent and warrant that you are at least 18 years old. The App is not intended for, and may not be used by, any person under the age of 18. Physically does not knowingly collect personal information from individuals under 18. If Physically learns that a user is under 18, it will terminate that user's account and delete the associated information.

5. App Use. Physically grants you a limited, revocable, nonexclusive, non-transferable license to download and use the App solely for your own personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, sell, transfer, sublicense, reverse engineer, decompile, disassemble, or create derivative works based on the App or any content within it. The App is available for use at the discretion of Physically, and Physically may modify, suspend, or terminate your access to the App at any time in its sole discretion.

6. User Conduct. You agree not to use the App to:

(a) Submit any information or data to the App that is unlawful, defamatory, vulgar, obscene, libelous, or otherwise objectionable; 

(b) Collect personal information about another person without authorization or engage in conduct intended to harass or harm another individual;

(c) Impersonate another user, person, or entity, including any official or employee of Physically;

(d) Intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;

(e) Upload, post or transmit any software or files that contain software viruses or other harmful computer code;

(f) Interfere with the operation of Physically servers, systems, or network connections;

(g) Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;

(h) Upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail;”

(i) Provide false, inaccurate, or misleading information during account creation, onboarding, or any other use of the App, including false age or date-of-birth information.

7. User Data. Physically does not claim ownership of any information or data you submit through the App, including account and onboarding information, workout history, exercise selections, weights and repetitions, symptom locations and ratings, assessment responses, progress information, and custom workout configurations (collectively, “User Data”). By using the App, you grant Physically a non-exclusive, royalty-free license to use, store, reproduce, and process your User Data solely as necessary to provide, maintain, and improve the App's features and services and as described in the Privacy Policy. This license terminates when your User Data is deleted from the App or your account is closed. The App does not permit users to publicly post, upload, publish, or share content with other users. All User Data is private to your individual account.

8. User Account. You must provide a valid email address and create a password upon completing the registration process. You are fully responsible for maintaining the confidentiality of your email address and password. You agree to immediately notify Physically if you know, or have reasonable grounds to suspect, that your email address and password have been compromised. Physically shall not be responsible for any user's failure to abide by this paragraph.

9. User Account and Profile. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Physically immediately if you know or reasonably suspect that your account credentials have been compromised. Physically is not responsible for any loss or damage arising from your failure to protect your credentials. Your profile information is used to personalize your experience within the App. You may manage and update your profile information through your account settings at any time.

10. Fitness, Exercise, and Workout Content. The App provides fitness and exercise information, programs, and content, including strength training, mobility, flexibility, balance, posture, cardiovascular activity tracking (including the HART feature), intermittent-fasting information, and related workout programming. The App includes hundreds of exercises, with an expanding library planned. All fitness and exercise content provided through the App:

(a) is for general informational and educational purposes only and does not constitute medical or professional advice;

(b) is not intended to diagnose, treat, cure, or prevent any disease or medical condition;

(c) should not replace consultation with a qualified physician, physical therapist, or other licensed healthcare provider before beginning any exercise program;

(d) may be automatically filtered and personalized based on your onboarding answers, goals, equipment, workout history, symptom information, assessment responses, and progress data, but this algorithmic personalization does not constitute medical evaluation, diagnosis, treatment, treatment plan, professional judgment or individualized medical advice; and

(e) does not account for all individual physical limitations, injuries, contraindications, or medical needs that may be known only to your healthcare professional.

11. Rehabilitation Content and Health Disclaimers. The App includes rehabilitation-oriented exercise programs that allow users to select a symptom location or body area and follow structured, multi-phase exercise programs. This rehabilitation content:

(a) presents exercise and movement programs that are commonly associated with the selected area or symptom pattern and does not constitute a diagnosis, medical evaluation, or treatment plan;

(b) does not establish a clinician-patient, physical therapist-patient, or any other professional healthcare relationship between you and Physically or any of its personnel;

(c) is not a substitute for evaluation and treatment by a licensed physician, physical therapist, or other qualified healthcare provider;

(d) does not account for the possibility that your symptoms may have a serious or life-threatening underlying cause. Some symptoms — including but not limited to chest, shoulder, or upper-body discomfort — may indicate a cardiac or other medical emergency rather than an orthopedic condition. If you are experiencing symptoms that may reflect a medical emergency, call 911 or seek emergency care immediately. Do not use this App in lieu of emergency services;

(e) is not intended to diagnose, treat, cure, or prevent any disease or medical condition; and

(f) may be automatically filtered and personalized based on your onboarding answers, goals, equipment, workout history, symptom information, assessment responses, and progress data, but this algorithmic personalization does not constitute medical evaluation, diagnosis, treatment, treatment plan, professional judgment or individualized medical advice.

You assume all risks associated with your participation in any exercise, workout, or program offered through the App. If you experience chest pain, shortness of breath, dizziness, joint pain, or any other unusual symptom during exercise, stop immediately and seek medical attention. Certain symptoms that may appear musculoskeletal in origin may have more serious underlying causes. Do not use this App as a substitute for professional medical evaluation.

You represent that you have consulted with a qualified healthcare provider before using the rehabilitation features of the App or that you have determined that doing so is not necessary for your circumstances. You assume all risks associated with your use of the rehabilitation content.

12. Calculated Metrics and Automated Recommendations. The App generates certain calculated metrics and automated recommendations, including but not limited to HART heart-rate zones and scores, estimated one-repetition maximum (1RM) and suggested weights, Strength Balance assessments, Muscle Readiness scores, readiness assessments, and rehabilitation phase progression markers. These outputs are estimates produced by preset algorithms and formulas applied to your user-entered inputs, device data, and workout history. They do not constitute medical findings, clinical assessments, professional clearance to exercise, or confirmation that any injury has healed. You should not rely on these outputs as a substitute for advice from a licensed physician, physical therapist, or other qualified healthcare professional.

13. No Coach or Trainer Intermediary. The App does not include or facilitate connections between users and third-party coaches, personal trainers, or physical therapists. All exercise and rehabilitation content is self-guided. 

14. Subscriptions and In-App Purchases. Access to certain features of the App requires a paid subscription. Subscriptions are offered at two levels: Level 1, which provides access to fitness and wellness content; and Level 2, which provides full access, including rehabilitation-oriented content. Subscription pricing is subject to change at Physically's discretion. Current pricing is displayed in the App and in the applicable app store at the time of purchase.

All subscriptions and in-app purchases are processed exclusively through the Apple App Store (iOS) or Google Play (Android), as applicable. Physically does not directly process or store your payment information. All billing, refund, and cancellation terms are governed by the applicable app store's policies, which you should review before subscribing. You may manage and cancel your subscription at any time through your device's subscription settings in the applicable app store. Cancellation will take effect at the end of the then-current billing period; you will retain access to your subscription tier through the end of the period for which you have paid. Physically does not offer refunds outside of those required by applicable law or the applicable app store's policies.

Subscriptions auto-renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. Physically reserves the right to offer free trial periods, promotional pricing, or other introductory offers at its discretion. Pricing stated in these Terms is for reference only and may not reflect current pricing in the app store.

15. Compliance with Laws. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You further represent that all information you provide to the App, including your date of birth and health-related inputs, is truthful and accurate to the best of your knowledge.

16. Indemnification. You agree to indemnify and hold Physically, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this App.

17. Disclaimer. THE INFORMATION, SERVICES, AND/OR PRODUCTS ON THIS APP IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS APP IS AT YOUR SOLE RISK. PHYSICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP SHALL BE TO DISCONTINUE USING THE APP.

18. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PHYSICALLY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, YOUR APP USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR CONTENT IS TO CEASE ALL OF YOUR APP USE. THE TOTAL LIABILITY OF PHYSICALLY FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE APP SUCH BE NO MORE THAN THE TOTAL AMOUNT YOU HAVE PAID FOR YOUR USE OF THE APP. 

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

19. Use of Information. Physically reserves the right, and you authorize us, to use and assign all information regarding App use by you and all information provided by you in any manner consistent with our Privacy Policy.

20. Intellectual Property Complaints. If you believe that any content or materials accessible through the App infringe your copyright or other intellectual property rights, please send written notice to Physically at support@physically.co. Your notice should describe the work you believe has been infringed, identify the specific location within the App of the allegedly infringing material, include your contact information, and state that you have a good faith belief that the use is not authorized by the intellectual property owner, its agent, or the law.

21. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

22. Waiver. The failure of Physically to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Physically must be in writing and signed by an authorized representative of Physically.

23. Termination. Physically may terminate this Agreement at any time, with or without notice, for any reason.

24. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Physically and governs the terms and conditions of your use of the App, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Physically with respect to this App. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the App. Physically may revise this Terms of Use at any time by updating this Agreement and posting it on the App. Accordingly, you should visit the App and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this App after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

25. Governing Law; Dispute Resolution; Arbitration; Class Action Waiver. 

(a) Governing Law. This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the App shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws provisions.

(b) Arbitration. Except as otherwise provided in Section 25(c) below, any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively by binding arbitration. The arbitration shall be conducted under the rules of the American Arbitration Association then in effect. The party bringing the claim shall have the option to elect whether the arbitration proceeds (a) remotely, by video or telephonic conference, or (b) in person in Miami, Florida. Judgment on any arbitration award may be entered in any court of competent jurisdiction.

(c) Exceptions. Nothing in this Section 25 shall limit Physically LLC's right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information, or to prevent irreparable harm.

(d) Class Action Waiver. All claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall have no authority to combine or aggregate similar claims or conduct any class proceeding.

(e) Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING UNDER OR RELATING TO THIS AGREEMENT

26. Apple App Store End User License Agreement

This Agreement serves as the end user license agreement ("EULA") for the App as contemplated by Apple's App Store Review Guidelines and the Apple Developer Program License Agreement. To the extent required, you acknowledge that this Agreement is entered into solely between you and Physically, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. Notwithstanding the foregoing, Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

As between Physically and Apple, Physically is solely responsible for the App, including all content and functionality, any maintenance and support services required under applicable law, any product warranties (whether express or implied by law), and any claims relating to the App, including product liability claims, consumer protection claims, intellectual property infringement claims, and any other claims arising from your use of the App.

You acknowledge that Apple has no obligation to provide any maintenance or support services with respect to the App. You further acknowledge and agree that Apple has no responsibility for addressing any claims by you or any third party relating to the App or your use of it.

27. Contact Information.

Physically LLC

support@physically.co
10710 Ravenna Way, Unit 104, Fort Myers, FL 33913