1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you and First In Physique LLC ("First In Physique," "FIP," "we," "us," "our"), a California limited liability company with a registered address at 2118 Woodland Way, Los Angeles, CA 90068, United States.
They govern your use of the First In Physique mobile app, the website at firstinphysique.com, and all training programs, content, and services we provide (together, the "Service").
By creating an account, purchasing a subscription, or using the Service, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
Section 19 contains a binding arbitration agreement and a class-action waiver. It affects how disputes between us are resolved. Please read it. You may opt out of arbitration within 30 days.
2. Definitions
These terms have specific meanings throughout the Service:
| Term | Meaning |
|---|---|
| Pathway | One of three training identities — Operator, Warrior, or Sculptor — each defined by its training goal and emphasis. |
| Frequency | The number of training days per week you commit to: 3, 4, or 5 days. |
| Program | The pairing of a pathway and a frequency that you train. Every pathway is available at every frequency. Pathway and frequency are selected independently; neither restricts the other. |
| Phase | An 8-week block of programming. Each pathway runs three phases across 24 weeks. |
| Workout | A single training session within a week of your program. |
| Member | Any person with an active FIP account. |
3. Eligibility
You must be at least 18 years old to use the Service. The Service is not directed at children, and we do not knowingly permit anyone under 18 to create an account. By using the Service you represent that you are 18 or older and legally able to enter into this agreement.
You also confirm that you are medically cleared to engage in strenuous resistance training and physical exercise. See Section 8.
4. Your account
- You must provide accurate information and keep it current.
- You are responsible for safeguarding your login credentials and for all activity under your account.
- Your account is personal to you. You may not share, sell, transfer, or allow others to use it.
- Notify us at support@firstinphysique.com immediately if you suspect unauthorized access.
We may suspend or terminate accounts that violate these Terms (Section 15).
5. The Service
FIP provides structured strength and physique training programming, an exercise library, workout tracking, and general training and nutrition guidance.
What you select:
- A pathway — Operator, Warrior, or Sculptor — chosen by training goal.
- A frequency — 3, 4, or 5 days per week — chosen by what you can realistically sustain.
These are independent choices. Any pathway can be trained at any frequency, and you may change either one from within the app, subject to the in-app rules for switching (which are designed to carry your progress forward rather than reset it).
What we may change. The Service is under active development. We may add, modify, remove, or discontinue features, phases, exercises, or content at any time. New phases and content are added over time; we do not guarantee that any specific piece of content will remain available indefinitely. We will not materially reduce the core programming you have paid for during a paid term without notice.
Beta and preview features. Some features may be labeled beta, preview, or early access. These are provided as-is, may be unstable, and may be withdrawn.
6. Subscriptions, billing, and auto-renewal
Access to FIP programming requires a paid subscription.
Current subscription terms
| Price | $19.99 per month, plus any applicable taxes |
| Billing period | Monthly |
| Renewal | Automatic, until you cancel |
| Free trial | Not currently offered |
6.1 Purchases made inside the app (iOS / Android)
If you subscribe through the Apple App Store or Google Play:
- Payment is charged to your Apple or Google account at confirmation of purchase. We never see or store your card details.
- Your subscription renews automatically at the then-current price unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours prior to the end of the current period.
- You cancel through the store, not through us.
- Apple: Settings → your name → Subscriptions
- Google: Play Store → Payments & subscriptions → Subscriptions
- Deleting the app does not cancel your subscription. Deleting your FIP account does not cancel it either. You must cancel through the store.
- Refunds for App Store and Google Play purchases are handled by Apple and Google under their own policies. We cannot issue a refund for a payment we did not process. See Section 6.3.
6.2 Purchases made through our website
If you subscribe on firstinphysique.com, payment is processed by Stripe. Your subscription renews automatically each month until you cancel. You may cancel at any time by emailing support@firstinphysique.com. Cancellation stops future billing; you keep access for the remainder of the period you have already paid for.
6.3 Refund policy
We would rather have a member who trusts us than a payment we had to fight for. Our policy:
a) First payment — 14-day satisfaction refund. If FIP is not right for you, email support@firstinphysique.com within 14 days of your first payment and we will refund it in full. No explanation required.
b) Renewals — not normally refundable, with one exception. Renewal payments are not refundable, because cancelling before renewal is always available to you. The exception: if you were charged for a renewal and logged no workouts during that billing period, email us within 14 days of the charge and we will refund it. We can verify this from your training log. We do not want your money for a month you did not train.
c) Billing errors. Charged twice, charged after cancelling, or charged in error? Email us and we will fix it, whatever the timing.
d) App Store and Google Play purchases. If you bought your subscription through Apple or Google, they process the refund, not us — we do not have the ability to issue it. Request it at reportaproblem.apple.com (Apple) or through Play Store → Order history (Google). If they decline and you believe you fall under (a), (b), or (c) above, email us anyway and we will do what we can.
e) Chargebacks. Please contact us before disputing a charge with your bank. A chargeback filed without contacting us first may result in termination of your account. We have never refused a fair refund request; ask us first.
6.4 Price changes
We may change subscription prices. For App Store and Google Play subscriptions, Apple and Google will notify you and, where required, obtain your consent before an increased price takes effect. For website subscriptions, we will give you at least 30 days' notice by email before a price change applies to you. Continuing your subscription after a price change takes effect means you accept it.
6.5 Legacy platform members
Some members currently access FIP programming through a third-party platform (TrainHeroic). Those subscriptions are governed by these Terms as to the programming and content, and by that platform's own terms as to its software. We will give notice before migrating access to the FIP app.
7. Free resources
We publish free guides and resources (training frameworks, quick-start packs, nutrition guidance). These are provided for personal, non-commercial use. You may share them unmodified. You may not resell them, present them as your own, or remove our branding.
8. Health, safety, and assumption of risk
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
8.1 Not medical advice
First In Physique provides general fitness and nutrition information and education. We are not a medical provider, and nothing in the Service is medical advice, diagnosis, treatment, prescription, or medical nutrition therapy. No physician–patient, dietitian–client, or other clinical relationship is created by your use of the Service. Our programming is not personalized to your medical history, and no one at FIP has evaluated you.
Always seek the advice of a qualified physician or health professional before beginning any exercise or nutrition program, and with any question about a medical condition. Never disregard or delay seeking professional medical advice because of something you read in the Service.
8.2 Get cleared before you train
Consult a physician before starting, particularly if you:
- have or have had a heart condition, chest pain, high blood pressure, or a bone, joint, or muscle problem;
- are pregnant, may be pregnant, or are postpartum;
- take prescription medication;
- have any chronic condition, injury, or history of injury;
- are recovering from surgery or illness; or
- have any history of disordered eating or an eating disorder.
Stop immediately and seek medical attention if you experience chest pain, dizziness, faintness, shortness of breath, sharp or joint pain, or any symptom that concerns you.
8.3 Fitness tests and self-tracking
The Service lets you record and calculate fitness measures, including cardiovascular tests (such as a 1.5-mile run or a walk-based test that estimates VO2 max) and body measurements. These efforts can be physically demanding, and a maximal or near-maximal cardiovascular test carries real risk if you are not conditioned or medically cleared for it. Get cleared by a physician before attempting any fitness test, perform it only in a safe setting, and stop at once if you feel unwell. Any estimate the app produces (for example a VO2-max figure) is a rough, non-clinical calculation based on the numbers you enter — it is not a medical measurement, not a diagnosis, and should not be used to make medical decisions.
8.4 Nutrition content
Our nutrition material — including guidance on energy balance, calorie targets, protein intake, and cutting or building phases — is general educational information only. It is not a prescribed diet and is not appropriate for everyone. It is not suitable if you have or have had an eating disorder or disordered eating, are pregnant or breastfeeding, are under medical supervision for a condition affected by diet, or are under 18. If you are struggling with your relationship to food or your body, please speak with a doctor or a qualified mental-health professional rather than relying on this Service.
8.5 Assumption of risk
Resistance training and physical exercise carry an inherent risk of serious injury, disability, and death. These risks include, without limitation: muscle strains and tears, ligament and tendon injury, joint injury, fractures, spinal injury, dropped or mishandled loads, equipment failure, cardiac events, heat illness, and rhabdomyolysis.
You knowingly and voluntarily assume all risk arising from your use of the Service and from any exercise, load, technique, substitution, or nutritional approach you undertake in connection with it. You are solely responsible for:
- your own safety, technique, and form;
- selecting loads appropriate to your ability;
- the safety and suitability of your training environment and equipment;
- using spotters and safety equipment where appropriate; and
- deciding when to stop, deload, substitute, or seek help.
To the fullest extent permitted by law, you release and waive any claim against FIP arising from injury, illness, or loss sustained in connection with your use of the Service.
You expressly waive California Civil Code § 1542, which reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
8.6 No guaranteed results
Individual results vary and depend on genetics, adherence, nutrition, sleep, recovery, training history, and factors outside our control. We do not promise or guarantee any particular result, including any specific gain in strength, change in body composition, or change in bodyweight. Testimonials and example progressions are not typical results and are not a promise of your outcome.
9. Acceptable use
You agree not to:
- share, resell, redistribute, sublicense, or publicly post FIP programming, workouts, phases, exercise data, or paid content;
- use the Service to build, train, or supply a competing product, program, or dataset;
- scrape, crawl, harvest, or bulk-extract content or data from the Service;
- reverse engineer, decompile, or attempt to derive the source code of the app, except to the extent that restriction is unenforceable by law;
- circumvent paywalls, entitlement checks, authentication, rate limits, or security controls;
- upload malware, or interfere with or attempt to disrupt the Service or its infrastructure;
- use the Service to coach or program for third parties commercially without our written agreement;
- impersonate any person, or misrepresent your affiliation with FIP; or
- use the Service unlawfully or in violation of any applicable regulation.
10. Intellectual property
The Service and all of its content — including the FIP name and torch logo, the Operator, Warrior, and Sculptor pathways, all programming, phases, workouts, exercise data, coaching cues, guides, text, graphics, video, and software — are owned by FIP or our licensors and are protected by copyright, trademark, and other laws.
Your license. Subject to these Terms and your active subscription, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own individual, non-commercial training. That is the extent of it. No other rights are granted, expressly or by implication.
This license ends automatically when your subscription or account ends.
11. Your content
You may enter content into the Service — workout logs, weights, reps, RPE values, personal exercise notes, bodyweight, and nutrition entries ("Your Content").
You own Your Content. You grant us a worldwide, royalty-free license to host, store, reproduce, and process Your Content solely to operate and improve the Service for you — for example, to display your history, compute your previous-set values, resolve your next workout, and advance your program.
We do not publish Your Content, sell it, or use it to advertise to you or to anyone else. Where we analyze usage to improve the Service, we do so using aggregated or de-identified data.
You are responsible for the legality and accuracy of Your Content. Do not upload anything unlawful, infringing, or that you do not have the right to provide.
12. Third-party services
The Service depends on third parties, including Apple, Google, Supabase, RevenueCat, and Stripe. Your use of those services may be governed by their own terms. We are not responsible for third-party services, and their availability is outside our control. The Service may link to third-party sites; we do not endorse and are not responsible for them.
13. Availability
We aim to keep the Service available, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable for maintenance, updates, or reasons outside our control. Your training data is stored on our infrastructure and we back it up; even so, you should not treat the Service as your only record of your training history.
14. Feedback
If you send us ideas, suggestions, or feedback, you grant us an unrestricted, royalty-free right to use them without obligation or compensation to you.
15. Suspension and termination
By you. You may stop using the Service and delete your account at any time from Profile → Delete Account in the app, or by emailing support@firstinphysique.com. Deleting your account does not cancel a subscription billed by Apple or Google — cancel that through the store (Section 6.1), or you may continue to be charged.
By us. We may suspend or terminate your account, with or without notice, if you breach these Terms, if we reasonably suspect fraud or abuse, or if required by law. Where a breach is minor and fixable, we will normally give you the chance to fix it first.
On termination. Your license ends and your access stops. Sections 8, 10, 11, 16, 17, 18, 19, and 22 survive termination. Termination does not entitle you to a refund except as set out in Section 6.3 or as required by law.
16. Disclaimer of warranties
To the fullest extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Service will be uninterrupted, secure, or error-free.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded, including liability for death or personal injury caused by our negligence, for fraud, or for any consumer right you have under mandatory law.
17. Limitation of liability
To the fullest extent permitted by law:
- FIP, its owners, members, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity, arising from or related to the Service — even if advised of the possibility.
- Our total aggregate liability to you for all claims arising from or related to the Service is limited to the greater of (a) the amount you paid us in the twelve (12) months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).
These limits apply regardless of the legal theory and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in those places, the limitations apply to the fullest extent permitted.
18. Indemnification
You agree to indemnify and hold harmless FIP and its owners, members, employees, and contractors from any claim, liability, damage, loss, and expense (including reasonable attorneys' fees) arising out of your use of the Service, Your Content, your breach of these Terms, or your violation of any law or third-party right.
19. Dispute resolution, arbitration, and class-action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
19.1 Governing law
These Terms and any dispute arising from them are governed by the laws of the State of California, without regard to conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section 19.
19.2 Talk to us first
Before starting arbitration or any proceeding, you agree to email support@firstinphysique.com with a short description of the dispute and the relief you want. We will do the same for any claim we have against you. Give us 30 days to work it out. Most things end here.
19.3 Binding individual arbitration
If we cannot resolve it informally, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.
- The seat of arbitration is Los Angeles County, California, though you may elect to participate by telephone or video, or to have the arbitration decided on written submissions only.
- The arbitrator's decision is final and binding, and judgment may be entered in any court of competent jurisdiction.
- Fees: For any claim of US$10,000 or less, FIP will pay all AAA filing, administration, and arbitrator fees, unless the arbitrator finds your claim frivolous.
19.4 Exceptions
Either of us may:
- bring an individual claim in small-claims court in a court of competent jurisdiction; and
- seek injunctive or equitable relief in court to protect intellectual property rights.
19.5 Class-action and jury waiver
YOU AND FIP EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Claims must be brought in your individual capacity only. The arbitrator may not consolidate more than one person's claims. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court.
19.6 Your 30-day right to opt out of arbitration
You may opt out of this arbitration agreement. Email support@firstinphysique.com within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out," and include your name and the email address on your account. Opting out has no effect on your subscription, your access, or how we treat you. If you opt out, disputes will be resolved in the state or federal courts located in Los Angeles County, California, and you and FIP consent to that jurisdiction.
20. Changes to these Terms
We may update these Terms. If a change is material, we will give notice — by email and/or in-app — at least 14 days before it takes effect. Continuing to use the Service after that date means you accept the revised Terms. If you do not accept them, stop using the Service and cancel your subscription.
21. Apple App Store additional terms
These apply if you obtained the app from the Apple App Store:
- These Terms are between you and FIP only — not with Apple. Apple is not responsible for the app or its content.
- Your license to use the app is limited to a non-transferable license to use it on Apple-branded devices you own or control, as permitted by the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
- FIP, not Apple, is responsible for addressing any claim relating to the app, including product liability, failure to conform to legal requirements, and consumer protection claims.
- FIP, not Apple, is responsible for investigating and resolving any third-party claim that the app infringes intellectual property rights.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government prohibited-parties list.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.
- Contact for questions, complaints, or claims: support@firstinphysique.com.
22. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and FIP regarding the Service.
- Severability. If any provision is unenforceable, the rest remains in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not liable for failures caused by events beyond our reasonable control.
23. Contact
First In Physique LLC 2118 Woodland Way, Los Angeles, CA 90068, United States support@firstinphysique.com firstinphysique.com · @firstinphysique