Terms of Use

Casa Del Sur LLC, a Florida limited liability company ("Company", "we", "us", "ATHETIC") has created and offers ATHETIC ("ATHETIC App", "App"), a mobile and wearable software application, as well as the official ATHETIC website located at athetic.app ("Website") (collectively, the "Services").

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Casa Del Sur LLC. By downloading, accessing, browsing, registering for, or using the App or Website, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree to all of these Terms, you are expressly prohibited from using the Services and must immediately cease use and uninstall the App.

1. Corporate Entity, Legal Age & Eligibility Representations

The Services are operated and published by Casa Del Sur LLC, a registered entity governed under the laws of the State of Florida, United States of America.

• Legal Entity Name: Casa Del Sur LLC
• Principal Registered Address: 3440 Rudolf Rd, Lake Worth, FL 33461, USA
• Official Legal Contact: info@athetic.app

Age Requirement & Legal Capacity: The App and Website are offered and made available strictly to individuals who are eighteen (18) years of age or older, or who have attained the legal age of majority in their specific jurisdiction of residence. By accessing, downloading, or using the Services, you represent and warrant that:

1. You are at least 18 years old or possess full legal majority in your jurisdiction;
2. You possess the full legal capacity and authority to enter into a binding contract with Casa Del Sur LLC;
3. You are not a person barred from receiving or using the Services under the laws of the United States or any applicable foreign jurisdiction;
4. Your use of the Services will strictly comply with all applicable local, state, national, and international laws and regulations; and
5. Affirmative Physical & Medical Fitness Certification: You explicitly represent, warrant, and certify that you have consulted with a licensed physician or qualified medical doctor prior to using the Services, and that you have been cleared as physically fit, healthy, and medically capable of safely performing high-intensity athletic conditioning, resistance training, and cardiovascular benchmarks depicted in the App.

If you do not meet all of the foregoing eligibility requirements, you must not access, download, subscribe to, or utilize the App or Website.

2. Medical & Biometric Telemetry Disclaimer (Assumption of Risk)

Informational & Benchmarking Purpose Only: All content, biometric estimations, Banister impulse-response fatigue calculations, Heart Rate Variability (HRV) metrics, readiness scores, caloric targets, 3D anatomical guides, and algorithmic training plans provided through ATHETIC are engineered solely for educational, informational, and athletic fitness benchmarking purposes.

Voluntary Assumption of Physical Risk: You acknowledge and agree that strenuous physical exercise, resistance training, cardiovascular exertion, and nutritional adjustments carry inherent risks of severe physical injury, disability, or death. You voluntarily assume all known and unknown risks associated with your participation in any workout protocols or physical activities tracked or suggested by the Services.

Idiomatic Exercise Terminology & Algorithmic Prescriptions: Phrases, cues, and slogans displayed within the App—including but not limited to "Go Heavy", "Pull Max", "Push to Failure", "RPE 10", suggested repetition counts, rest interval timers, and target load percentages—are idiomatic, motivational, and educational benchmarks only. They must never be construed as clinical directives. You agree never to perform any exercise or lift any load that causes acute discomfort, pain, or contradicts medical advice provided by your physician.

Gym Machinery, Free Weights & Biomechanical Execution: You assume sole responsibility for performing all exercises with proper biomechanical form and safety standards. Working out with free weights, barbells, kettlebells, resistance bands, and heavy gym machinery involves inherent mechanical hazards. You agree to exercise caution and consult a certified strength and conditioning coach or physical therapist when operating unfamiliar gym apparatus. Neither Casa Del Sur LLC nor its trainers, staff, or affiliates assume any liability for injuries or medical conditions resulting from improper form, fatigue-induced errors, or equipment failure.

Evolution of Sports & Medical Science: Ongoing scientific research may impact biometric and training paradigms. While ATHETIC employs cutting-edge computational telemetry, Casa Del Sur LLC provides no assurance or warranty that in-app insights reflect every recent clinical development or individual anatomical anomaly.

3. Intellectual Property, Biomechanical Models & Anti-Scraping Protection

Unless otherwise indicated, the Services—including all source code, software databases, algorithmic engines, 3D biomechanical models, video tutorials, audio tracks, visual design interfaces, trademarks, service marks, and logos—are the exclusive intellectual property of Casa Del Sur LLC and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

• Limited License: Subject to your compliance with these Terms, Casa Del Sur LLC grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the ATHETIC App on your personal compatible devices strictly for your personal, non-commercial use.
• Strict Prohibition on Scraping & Reverse Engineering: You agree that you will not: (i) reverse engineer, decompile, disassemble, or attempt to derive the source code or algorithms of the Services; (ii) use any automated web crawler, robot, spider, scraper, or data extraction tool to harvest content, database assets, or telemetry from our Website or API; (iii) frame, mirror, or republish proprietary ATHETIC biomechanical animations or training plans without express written permission.
• Anti-Screenshot & Workout Piracy Protection: All proprietary training programs, telemetry screens, biomechanical simulations, and daily athletic splits constitute trade secrets and copyrighted works of Casa Del Sur LLC. You may not systematically capture, screenshot, screen-record, download, or distribute proprietary workout screens for unauthorized redistribution, external publishing, or group coaching sharing. ATHETIC reserves the right to monitor excessive screen captures and temporarily flag or lock accounts exhibiting systematic content exfiltration patterns. Accounts determined to be engaging in deliberate piracy or commercial redistribution will be permanently terminated without refund, and Casa Del Sur LLC reserves all legal rights to seek statutory copyright damages.
• Enforcement: Any unauthorized use or scraping constitutes a material breach of these Terms and will result in immediate termination of access, revocation of licenses, and legal prosecution under applicable federal and state statutes (including the Computer Fraud and Abuse Act and Florida law).

4. In-App Purchases, StoreKit Billing & Subscriptions

ATHETIC offers auto-renewing subscription tiers ("VIP Access", "Pro", "All-Access") and digital features distributed through the Apple App Store (via Apple StoreKit) and Google Play Store (via Google Play Billing).

• Billing Cycle & Auto-Renewal: Subscriptions automatically renew at the specified frequency (e.g., monthly or annually) and rate unless canceled at least twenty-four (24) hours prior to the end of the then-current billing period. Your Apple ID or Google Play account will be charged for renewal within 24 hours prior to the conclusion of the current cycle.
• Managing Subscriptions & Cancellations: You can manage, modify, or cancel your subscription at any time directly through your device account settings:
  • iOS: Settings > [Your Apple ID] > Subscriptions > ATHETIC > Cancel Subscription.
  • Android: Google Play Store > Profile Icon > Payments & Subscriptions > Subscriptions > ATHETIC.
• Failed Billing & Retry Cycles: Upon renewal, if your payment provider cannot process the renewal fee through the Apple App Store or Google Play Store, Casa Del Sur LLC and the platform app store reserve the right to suspend or restrict premium access while automated billing retry attempts continue until payment is successfully cleared.
• No Prorated Mid-Cycle Refunds: Subscription fees are committed on a full-term basis. You will not be eligible for a prorated or partial refund of any portion of the subscription fees paid for the then-current billing cycle upon early cancellation.
• Refunds: All financial transactions, billing inquiries, and refund requests are processed and governed strictly by Apple Inc. or Google LLC in accordance with their respective terms of service. Casa Del Sur LLC does not process payments directly and does not have the technical authority to issue App Store refunds.

5. User Accounts, Security & Prohibited Conduct

When creating an account with ATHETIC, you agree to provide true, accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Expanded Technical & Commercial Restrictions: You agree not to use the Services for any unlawful purpose. In addition to general restrictions, you expressly agree that you will not:

• Deploy network-monitoring software, packet sniffers, or architectural inspection tools to extract usage data or determine the backend infrastructure of our Services;
• Harvest, mine, or collect personally identifiable information (PII), email addresses, or biometric profiles of other ATHETIC athletes;
• Solicit, recruit, or poach ATHETIC users or community members to join competing commercial online services or unauthorized platforms;
• Circumvent, disable, or tamper with any digital rights management (DRM), security measures, or content-locking features within the App;
• Impersonate any athlete, trainer, corporate official, or entity, or use another individual's account credentials; or
• Manipulate leaderboard rankings or community challenges with forged or artificially generated biometric telemetry.

Profile Imagery & Moderation Discretion: You agree that any profile image or media uploaded to your account must be appropriate, lawful, and respectful. Casa Del Sur LLC reserves the right, in its sole discretion and without liability, to disable photo upload privileges, remove offending avatars, or suspend accounts that violate our community standards.

6. User-Generated Content, Community Guidelines & Publicity License

ATHETIC incorporates social features, including workout stories, comments, community divisions, and direct messaging. In strict compliance with Apple App Store Review Guideline 1.2 (Safety - User-Generated Content), Casa Del Sur LLC enforces rigorous community standards:

• Zero Tolerance Policy: There is strictly zero tolerance for objectionable, harassing, defamatory, discriminatory, sexually explicit, violent, threatening, or illegal content.
• Reporting & 24-Hour Moderation Mechanism: Users have the ability to flag/report objectionable content or block abusive users directly within the app. Our moderation team reviews and removes violating content within twenty-four (24) hours of reporting.
• Immediate Termination: Any user who posts objectionable content or engages in abusive behavior will have their account immediately and permanently terminated without refund.
• Commercial Marketing & Publicity Rights License: If you post, display, or transmit content through the Services (including public workout completion milestones, division leaderboard posts, story badges, or testimonials), you grant Casa Del Sur LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, display, reproduce, modify, translate, curate, and feature such User Content (including your handle, division, and athletic milestones) for app promotion, marketing campaigns, and platform showcases across digital and print media without further notice or financial compensation.
• Member Interactions & In-Person Meetups Disclaimer: ATHETIC may display athletic division rankings and local run/training leaderboards. You are solely responsible for your interactions with other users, both online and in-person. Casa Del Sur LLC is not responsible or liable for any damages, personal injuries, losses, or disputes resulting from private communications or in-person athletic meetups organized between users. Always exercise prudence and caution when interacting with other athletes.

7. Mobile Connectivity, Carrier Fees & DMCA Copyright Policy

Mobile Data Usage & Network Connectivity: Use of the ATHETIC App requires an active internet connection via cellular data or Wi-Fi. All data consumed by telemetry synchronization, 3D model streaming, and video workouts is subject to your mobile carrier's standard data transmission rates and roaming fees. Casa Del Sur LLC is not liable for disrupted performance or sync delays caused by cellular network instability or lack of internet connectivity.

DMCA Copyright Policy & Takedown Notices: Casa Del Sur LLC respects the intellectual property rights of others and responds promptly to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"). If you believe that any material available on or through the Services infringes upon any copyright you own or control, please submit a written notification to our Designated Copyright Agent at:

Attn: DMCA Copyright Agent
Casa Del Sur LLC
3440 Rudolf Rd, Lake Worth, FL 33461, USA
Email: info@athetic.app

8. Disclaimer of Warranties ("AS IS" & "AS AVAILABLE")

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CASA DEL SUR LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY OF BIOMETRIC OR PERFORMANCE ESTIMATIONS. WE DO NOT WARRANT THAT THE APP WILL OPERATE UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS-FREE.

9. Limitation of Liability & Premises Property Damage

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CASA DEL SUR LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, DATA LOSS, OR EQUIPMENT DAMAGE) ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PREMISES & PROPERTY DAMAGE EXCLUSION: CASA DEL SUR LLC EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY, OR PROPERTY DAMAGE (INCLUDING DAMAGE TO YOUR PREMISES, HOME, GYM FACILITY, SURROUNDING HARDWARE, FIXTURES, OR DOMESTIC PETS) OCCURRING IN CONNECTION WITH EXERCISE SESSIONS, DROPPED WEIGHTS, ELASTIC BAND RECOIL, OR WORKOUTS CONDUCTED WHILE USING THE SERVICES.

OUR AGGREGATE TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

10. Indemnification

You agree to defend, indemnify, and hold harmless Casa Del Sur LLC, its parents, subsidiaries, affiliates, and their respective officers, directors, agents, partners, and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use or misuse of the Services; (c) any physical injury or harm resulting from your training activities; or (d) your violation of any third-party rights, including intellectual property or privacy rights.

11. Binding Individual Arbitration & Class Action Waiver

PLEASE READ THIS BINDING ARBITRATION SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND PROCEDURES FOR DISPUTE RESOLUTION:

1. Mandatory Pre-Dispute Informal Negotiation (60-Day Notice): Prior to initiating arbitration, you or Casa Del Sur LLC must provide a written "Notice of Dispute" containing your legal name, username, registered email address, detailed factual summary of the claim, and specific relief sought. Notices to Casa Del Sur LLC must be sent to info@athetic.app. Both parties agree to negotiate in good faith for sixty (60) days to resolve the matter informally before formal arbitration can be commenced.
2. Mandatory Binding Arbitration: Except for disputes that qualify for small claims court or claims seeking injunctive relief for intellectual property infringement, you and Casa Del Sur LLC agree that any controversy, claim, or dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules.
3. Class Action Waiver: YOU AND CASA DEL SUR LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
4. Waiver of Jury Trial: YOU AND CASA DEL SUR LLC VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF OR PERTAINING TO THESE TERMS.
5. One (1) Year Statute of Limitations (Time Bar): TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR DISPUTE UNDER THESE TERMS MUST BE COMMENCED IN SMALL CLAIMS COURT OR ARBITRATION WITHIN ONE (1) YEAR FROM THE DATE ON WHICH THE CAUSE OF ACTION FIRST AROSE. IF NOT COMMENCED WITHIN ONE YEAR, THE CLAIM IS PERMANENTLY BARRED.
6. 30-Day Arbitration Opt-Out Procedure: You have the right to opt out of this arbitration agreement within thirty (30) calendar days of first downloading the App or creating an account. To opt out, you must email a clear statement declaring your opt-out along with your full name, username, and account email to info@athetic.app with the subject line "Arbitration Opt-Out". If you opt out, all other provisions of these Terms remain fully applicable.
7. Hearing Procedures for Small Claims: For claims of $10,000 USD or less, any hearing shall be conducted telephonically, virtually, or solely via written submissions unless the arbitrator finds good cause for an in-person hearing.

12. Governing Law & Exclusive Venue

These Terms and any dispute arising out of or related to your use of the Services shall be governed by and construed in accordance with the internal laws of the State of Florida, United States, without regard to its conflict of laws principles. To the extent any court action is permitted under these Terms, you and Casa Del Sur LLC consent to the exclusive personal jurisdiction and venue of the state and federal courts situated in Palm Beach County, Florida, USA.

13. Severability, Entire Agreement, Electronic Evidence & Contact Info

Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Electronic Evidence & Admissibility: A printed or electronic version of these Terms, together with any notices, audit logs, or electronic communications, shall be admissible in judicial, administrative, or arbitration proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment & No Waiver: Casa Del Sur LLC may assign all or part of these Terms, its corporate rights, or liabilities to any affiliate or successor entity without notice. You may not assign or transfer your rights or account under these Terms. Any failure by Casa Del Sur LLC to enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

No Partnership / Entire Agreement: Neither party is an agent, partner, or joint venturer of the other party. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Casa Del Sur LLC concerning the Services.

For any questions, legal inquiries, or formal notices regarding these Terms, please contact us at: