Terms of Use

Last updated 6 September 2026 · Version 2026-09-06.v1

These terms are the agreement between you and Clarity Performance LLC("Clarity Performance", "we", "us") for your use of the Clarity Performance app and website. By creating an account or using the service, you agree to them. If you do not agree, do not use the service.

Please read section 6 (this is not medical advice) and section 7 (assumption of risk) carefully. They matter more to you than the rest of this document.

1. Who can use the service

You must be 18 or older. A person under 18 cannot sign an enforceable waiver, and every tier of this service involves physical activity, so there is no version of it we can safely offer to a minor. Both the liability waiver and the program onboarding ask for your date of birth and will not continue if you are under 18.

You also confirm that you are able to enter into a binding contract, and that you are not barred from using the service under the law that applies to you.

One account per person. Do not create an account on someone else's behalf and do not share your account.

2. What the service is

Clarity Performance offers:

  • a free tier, where you log your own workouts, build a streak, and earn XP and levels, with no program generated for you
  • a paid self-serve subscription, which adds a training program generated for you from your onboarding answers, and which advances week by week
  • 1:1 coaching, which is a separate coaching relationship with Daniel Baker and which may include live or remote sessions

We may change, add or remove features. If we remove something you are paying for, you can cancel and section 5 applies.

The training program the app generates is produced by software from the answers you give it. It is not reviewed by a coach before you see it unless you are a 1:1 coaching client, or unless your chosen training focus is one we hold for review. See section 6.

3. Your account

You are responsible for keeping your login secure and for everything that happens under your account. Give us accurate information when you sign up, and keep it accurate. Tell us promptly at daniel.baker@clarity-performance.com if you think someone else has access to your account.

4. The health and safety information you give us

Before we generate a program for you, you must sign a liability waiver and complete a health and readiness questionnaire.

You agree that:

  • the answers you give are true and complete as far as you know
  • you will tell us if your health, injuries, medication or medical advice change in a way that affects your ability to train safely
  • you will stop and seek medical advice if something hurts

This is not administrative. Your answers determine which exercises the app prescribes. If you tell the app to avoid a movement pattern, it excludes it. If you do not tell us about an injury, we cannot program around it, and the program you receive will not account for it.

How to tell us something changed. There is no self-serve way to rewrite your health answers in the app yet. Until there is, email daniel.baker@clarity-performance.com and we will update them. If something has changed enough to affect your training, do that before your next session rather than after.

5. Subscriptions, billing and cancellation

Billing

Paid plans are recurring subscriptions charged through Stripe. Prices are shown on the programs page before you buy. Your plan renews automatically at the end of each period until you cancel. By subscribing you authorise us, through Stripe, to charge your payment method on that recurring basis. Prices are exclusive of any tax we are required to collect.

Price changes

If we change the price of your plan, we will tell you before it applies to you, and you can cancel before the new price takes effect.

Cancelling

You can cancel at any time. Cancellation takes effect at the end of the period you have already paid for. You keep full access until then. After that, access to your program and dashboard is locked and you will be shown a resubscribe option.

Refunds

Cancelling stops the next charge; it does not automatically refund the period you are in, because you keep full access for the rest of it.

If you think you have a case for a refund, email daniel.baker@clarity-performance.com and tell us what happened. We will look at it and answer you. We would rather deal with a real situation on its facts than publish a rule that fits nobody.

If we close your account for a reason that is not your fault, for example we discontinue the service, we will refund the unused portion of any period you have already paid for.

Failed payments

If a payment fails, Stripe may retry it. If it keeps failing, your subscription will lapse and access will be locked at the end of the paid period.

Your data survives a cancellation

We do not delete your training history, streak, XP or logged workouts when your subscription ends. If you come back, it is still there. If you want it deleted, ask us (see section 10 and the Privacy Policy).

6. This is not medical advice

Clarity Performance provides fitness coaching and training programs. We are not doctors, physical therapists, dietitians or any other kind of licensed healthcare provider, and nothing in the app is medical advice, diagnosis or treatment.

  • Talk to a doctor before starting any new exercise program, particularly if you have a medical condition, are injured, are pregnant, are taking medication, or have been told by a medical professional to limit or avoid exercise.
  • Do not ignore or delay medical advice because of something the app told you.
  • If you think you are having a medical emergency, call emergency services.

We do not program rehabilitation.Returning from an injury or surgery under a treatment plan is a physical therapist's work, not ours, and we do not offer it. Warm-ups, cooldowns and activation work are part of ordinary training and are part of what we do. If you are under a clinician's care and they refer you to us for conditioning, we are glad to work alongside that.

Results are not guaranteed. This is the same statement you agree to in the waiver. Training outcomes depend on factors we do not control, including your consistency, sleep, nutrition, stress, genetics and medical history. Nothing on the site or in the app is a promise of a particular result.

7. Assumption of risk, and how this relates to the waiver you signed

Physical training carries real risk. That includes muscle soreness, strains, sprains, fractures, cardiovascular events, aggravation of an existing condition, and in rare cases serious or permanent injury or death. You know this.

By using the service you confirm that:

  • you are participating voluntarily, and you have chosen to train
  • you have disclosed any known medical conditions to us honestly
  • you understand results are not guaranteed
  • you are responsible for listening to your body, for training within your own limits, for using equipment safely, for scaling or skipping anything that does not feel right, and for telling us about discomfort
  • you assume the risks of physical activity, including the risks described above

How this fits with the waiver. If you have signed our Liability Waiver and Informed Consent, which is required before we generate a program for you and which is a separate signed agreement, that waiver continues to apply in full. These Terms are the general agreement for using the app. The waiver is the specific agreement about participating in training. The two are written to say the same thing. If they ever genuinely conflict on the subject of assumption of risk or release of liability, the signed waiver controls, because that is the document you actually signed with your name and a date.

The waiver releases Clarity Performance LLC and its coach, Daniel Baker, from liability for injury and damages arising from participation, except in cases of gross negligence. Nothing in these Terms narrows that exception. We do not ask you to release us for gross negligence, for wilful misconduct, or for anything the law does not permit us to be released from.

8. Content you post

8.1 You own it

Photos you upload and comments you write stay yours. We do not claim ownership of them.

8.2 The licence you give us

So that we can actually run the app, you give us a non-exclusive, royalty-free, worldwide licence to store, host, reproduce, adapt (for example resizing or re-encoding an image so it loads properly) and display your photos and comments within the service, for as long as you keep them posted.

That licence exists only so we can show your content to you and to the people you have connected with. We will not use your photos or comments in advertising, marketing or promotion without asking you first and getting your agreement.

The licence ends when you delete the content, other than for copies already made in routine backups, which age out, and copies other users may already have saved.

8.3 Who can see your photos

Photos are stored privately and are not reachable from the open web. They are served only through the app, and every request is checked against who you have allowed to see your workouts. If you remove a connection or change your visibility setting, that takes effect on the next request rather than whenever an old link expires. The Privacy Policy explains this in more detail.

Anyone you have allowed to see your workouts can see the photos on them, and can save a copy the same way they could save any image they are shown. Post accordingly.

8.4 You are responsible for what you post

You confirm that content you upload is yours to upload, that you have any permission you need from anyone appearing in it, and that posting it does not break the law or infringe anyone's rights.

We do not review content before it appears. We are not responsible for content posted by users.

9. Acceptable use, moderation and takedown

9.1 What you must not do

Do not post or do any of the following:

  • anything illegal, or anything that encourages illegal activity
  • harassment, bullying, threats, hate speech, or targeting someone because of who they are
  • sexual or explicit content, or content involving minors in any sexualised way
  • content that is not yours to post, including copyrighted images, video or text you do not own or have permission to use
  • impersonating another person, coach or business, including us
  • other people's private information
  • spam, scams, unsolicited advertising, or promotion of other products or services
  • medical, dietary or supplement claims presented as professional advice
  • malware, or attempts to break, overload, scrape or reverse engineer the service
  • creating fake accounts, manipulating streaks, XP, levels or the leaderboard, or gaming the system to misrepresent training you did not do
  • using the service to build a competing product

9.2 We can remove content, but we do not promise to review everything

We reserve the right, but do not take on the obligation, to review, remove or restrict any content, and to suspend or close any account, at our discretion.

Being straight with you: this is a small business. There is no moderation team. Content is reviewed when it is reported or when we happen to see it, not continuously. Do not assume that because something is still up, we have seen it and approved it.

9.3 Reporting something

If you see content that breaks these rules, email daniel.baker@clarity-performance.com with a link or a description of where it is and what the problem is. We will look at it and act if we think it is warranted.

9.4 Copyright takedown

If you believe content on the service infringes your copyright, email daniel.baker@clarity-performance.com with:

  • your contact details
  • identification of the work you say is infringed
  • identification of the content on our service you say is infringing, with enough detail for us to find it
  • a statement that you believe in good faith the use is not authorised by the copyright owner, its agent, or the law
  • a statement that the information in your notice is accurate, and that you are the copyright owner or authorised to act on their behalf
  • your physical or electronic signature

We will review it and remove content where we think removal is warranted. We may suspend or close accounts that repeatedly infringe.

10. Ending your account

10.1 You can leave whenever you want

Cancel your subscription at any time (section 5), or ask us to close your account entirely by emailing daniel.baker@clarity-performance.com.

10.2 We can suspend or close an account

We may suspend or close your account if you break these terms, if we are required to by law, or if we genuinely believe your use of the service puts other users, us or you at risk. Where it is reasonable to do so, we will tell you why and give you a chance to put it right first. For serious breaches, particularly anything involving harm to another person, we may act immediately.

10.3 What happens to your data

  • If you cancel a subscription: nothing is deleted. Your history, streak, XP and logs stay, and you can resubscribe and pick up where you left off.
  • If you ask us to delete your account: we delete or anonymise your personal information, subject to records we are required or genuinely need to keep. See the Privacy Policy for the detail, including how long we keep the signed waiver and why.
  • If we close your account for a breach of these terms: we may retain the records relating to that breach for as long as we may need them.
  • Content you posted is removed from the service when your account is deleted. Copies other people already saved are outside our control.

Deletion and export requests are currently handled by a person. Email us and we will action it.

11. Our content

The app itself, the exercise library, the training domain rulesets, the program generation logic, the site copy, blog posts, images, branding and the Clarity Performance name and logo are ours, or our licensors', and are protected by copyright, trademark and other rights.

You may use them for your own personal training. You may not copy, resell, redistribute, publish, or use them to build or train a competing product or service.

12. Disclaimers

The service is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties that are not expressly given in these terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the service will be uninterrupted, error free, or that the program it generates will suit every person in every circumstance. It is generated from the information you give it.

Nothing in this section limits any warranty or right that cannot be excluded under the law that applies to you.

13. Limitation of liability

To the fullest extent permitted by law:

  • We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or lost opportunity, arising out of your use of the service.
  • Our total liability to you for any claim arising out of or relating to the service is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars.

These limits do not apply to:

  • gross negligence or wilful misconduct on our part
  • death or personal injury caused by our negligence, where the law does not permit that liability to be limited
  • fraud or fraudulent misrepresentation
  • anything else the law does not allow us to limit or exclude

The gross negligence carve-out is stated here deliberately so that these Terms match the waiver you signed, which releases us from liability for injury arising from participation except in cases of gross negligence. We are not trying to use this page to take back a protection the waiver already gives you.

Some states do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.

14. Indemnity

If someone brings a claim against us because of content you posted, because you broke these terms, or because you broke the law or someone else's rights, you agree to cover our reasonable costs and losses in dealing with it. We will tell you promptly about any such claim and will not settle it without talking to you.

15. Changes to these terms

We may update these terms. If we do, we will change the "last updated" date and the version at the top. If a change materially affects your rights, we will tell you by email or in the app before it takes effect, and continuing to use the service after that means you accept the change. If you do not accept it, cancel and stop using the service.

16. Governing law and disputes

These terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules. Any dispute will be brought in the state or federal courts located in that state, and you and we consent to that jurisdiction.

Before filing anything, please email daniel.baker@clarity-performance.com and give us a genuine chance to sort it out. Most things can be.

17. Other things

  • The whole agreement. These terms, the Privacy Policy, and any waiver you signed are the whole agreement between us about the service.
  • If part of this is unenforceable, the rest still applies.
  • If we do not enforce something immediately, we have not given up the right to enforce it later.
  • You cannot transfer your account or these terms to someone else. We may transfer them if the business is sold, and we will tell you if that happens.

18. Contact

Clarity Performance LLC
Email: daniel.baker@clarity-performance.com