DUSK Terms of Service
Welcome to DUSK. These Terms of Service ("Terms") govern your access to and use of the DUSK mobile application and related services (the "App"), operated by DUSK Fitness. By creating an account or using the App, you agree to these Terms.
1. Eligibility
You must be at least 13 years old to use DUSK. By using the App, you represent that you meet this requirement and that you have the legal capacity to agree to these Terms.
2. Your Account
You're responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at support@duskfitness.ca if you suspect unauthorized use.
3. Health and Fitness Disclaimer
- Consult a physician before beginning any exercise program, especially if you have a pre-existing condition.
- You assume all risks associated with physical exercise, including injury.
- DUSK, its coaches, and creators are not liable for injuries or health issues arising from use of the App or its content.
4. Purchases, Subscriptions, and Payments
4.1 Workout Plans
You may purchase individual workout plans through the App. Purchases are generally final; refund eligibility is described in Section 4.4.
4.2 Coach/Creator Subscriptions
Coaches and creators on DUSK may offer paid subscriptions. By subscribing, you authorize DUSK (or our payment processor) to charge your payment method on a recurring basis until you cancel. Subscription terms (price, billing frequency, cancellation) will be shown at the time of purchase.
4.3 Creator/Coach Terms
If you are a coach or creator selling content or subscriptions on DUSK, these terms apply in addition to the rest of this agreement:
- Content and advice. You are responsible for the accuracy, legality, and safety of the content and advice you provide. Your content must not infringe others' rights or violate these Terms.
- Platform fees. After applicable App Store / Google Play fees, DUSK takes a platform fee and credits you the remainder. Your creator share is currently a graduated rate of 70%, 75%, or 80% of net proceeds based on your lifetime earnings on DUSK (as shown in the creator dashboard). We may update fee rates with notice.
- Payouts. Earnings accumulate in your creator balance. You may request payouts through Stripe Connect once you complete onboarding and meet any minimum payout threshold shown in the App. Payout timing depends on Stripe and your bank.
- Ownership. You retain ownership of content you create and upload as a creator. You grant DUSK a license to host, display, promote, and distribute that content as needed to operate and market the App (including store listings and the feed).
- Moderation. We may remove content, suspend selling privileges, or withhold payouts where we reasonably believe there is fraud, chargebacks, policy violations, legal risk, or a dispute that needs review.
- Taxes. You are responsible for your own tax obligations related to income earned through DUSK.
- Termination. You may stop selling on DUSK at any time. We may suspend or end your creator/coach access for violations of these Terms or for other reasonable business or legal reasons. Amounts already owed (minus fees, refunds, and chargebacks) remain subject to our normal payout process unless law or a dispute requires otherwise.
4.4 Refunds and Cancellations
Purchases are processed by Apple or Google (via their in-app purchase systems). One-time workout plan purchases are final except as required by law, or to the extent Apple or Google grants a refund under their policies. You can request refunds through your App Store or Google Play account where available.
Coach/creator subscriptions renew until you cancel. You may cancel anytime in your Apple ID or Google Play subscription settings; cancellation takes effect at the end of the current billing period, and you keep access until then.
4.5 Price Changes
We may change prices for plans or subscriptions. For auto-renewing subscriptions, applicable store rules govern how price changes are communicated and whether your renewal continues at the new price. Continued use of a paid plan or subscription after a price change constitutes acceptance where permitted by law and store policy.
5. Acceptable Use
You agree not to:
- Use DUSK for any unlawful purpose
- Harass, abuse, or harm other users, coaches, or creators
- Upload false, misleading, or infringing content
- Attempt to reverse-engineer, scrape, or interfere with the App's operation
- Circumvent payment systems (e.g., soliciting off-platform payment to avoid fees)
- Impersonate any person or entity
We may suspend or terminate accounts that violate these rules.
6. User Content
If you post content (e.g., progress photos, comments, messages), you retain ownership but grant DUSK a non-exclusive, worldwide, royalty-free license to host, display, and distribute that content as necessary to operate the App. You're responsible for ensuring you have the rights to any content you upload.
7. Intellectual Property
The App, including its design, logos, and DUSK-created content, is owned by DUSK and protected by intellectual property laws. You may not copy, modify, or distribute our content without permission.
8. Termination
You may stop using DUSK and delete your account at any time. We may suspend or terminate your access if you violate these Terms, engage in fraudulent activity, or for other reasonable business or legal reasons, with notice where practicable.
9. Disclaimers
DUSK is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the App will be uninterrupted, error-free, or secure.
10. Limitation of Liability
To the maximum extent permitted by law, DUSK and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising from your use of the App. Our total liability for any claim will not exceed the amount you paid to DUSK in the 12 months before the claim arose.
11. Indemnification
You agree to indemnify and hold DUSK harmless from any claims, damages, or expenses arising from your violation of these Terms or misuse of the App.
12. Dispute Resolution
If you have a concern or dispute arising from these Terms or the App, please contact us first at support@duskfitness.ca so we can try to resolve it informally.
If we cannot resolve the dispute informally within a reasonable time, either party may bring a claim in the courts of British Columbia, Canada, and you agree to the exclusive jurisdiction of those courts, except where applicable consumer protection laws give you the right to bring a claim in another forum.
13. Changes to These Terms
We may update these Terms from time to time. We'll notify you of material changes via the App or email. Continued use after changes take effect constitutes acceptance.
14. Governing Law
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
15. Contact Us
Questions about these Terms? Contact us at:
DUSK Fitness
support@duskfitness.ca
For privacy questions, contact support@duskfitness.ca .