Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) are a binding agreement between you and Joshua Schwarzapel, an individual doing business as Shralp! (“Shralp,” “we,” “us,” or “our”), governing your use of the Shralp surf-coaching service, including coaching conversations delivered by text message (SMS/RCS), the flowsurf.site website, the Shralp! iPhone application, workout content, exercise videos, and any related features (together, the “Service”).

You accept these Terms by checking the agreement box at signup, and you reaffirm that acceptance each time you access or use any part of the Service. Checking the box is your electronic signature, and you consent to transacting with us electronically. If you do not agree to these Terms, do not sign up for or use the Service.

2. Eligibility: adults only

The Service is available only to individuals who are at least 18 years old. By using the Service you represent and warrant that you are at least 18 years old, reside in the United States, and have the legal capacity to enter into these Terms, including the assumption of risk, release, and arbitration provisions below. The Service is not directed to, and may not be used by, anyone under 18. If we learn that a user is under 18, we will terminate the account and delete associated personal information.

3. What Shralp is — and what it is not

Shralp is an automated coaching service for surfers. It sends recurring coaching messages, suggests land-based strength, conditioning, and mobility workouts, provides surf-technique education, and links to workout sessions in the Shralp! app or on the web. The coach is software: coaching conversations and workout plans are generated by artificial-intelligence models based on information you provide.

Shralp is NOT any of the following, and you agree not to treat it as such:

• Not medical care. Shralp is not a licensed physician, physical therapist, dietitian, or other healthcare provider, and the Service is not a medical device. Nothing in the Service is medical advice, diagnosis, or treatment.
• Not a personal trainer or professional coach. Using the Service does not create a trainer-client, coach-athlete, medical, therapeutic, or other professional relationship between you and Shralp or anyone who works on Shralp.
• Not supervision. No one at Shralp observes you train or surf, checks your form, evaluates the ocean, or monitors your safety. You train and surf alone or with people you choose, in places and conditions you choose.
• Not an emergency or safety service. The Service cannot summon help and is not a substitute for lifeguards, spotters, or emergency services. If you experience a medical emergency, call 911.

All content provided through the Service — messages, workouts, technique tips, videos, and app content — is general fitness and sports education for informational purposes only.

4. Health and medical disclaimer; your health responsibilities

CONSULT A PHYSICIAN BEFORE BEGINNING THIS OR ANY EXERCISE PROGRAM. This is especially important if you have (or have had) heart disease, high blood pressure, chest pain, dizziness or fainting, bone or joint problems, back or neck injuries, asthma or other respiratory conditions, are pregnant, take medications that affect exercise, have not exercised regularly, or have any other condition that could be affected by physical activity.

By using the Service, you represent and agree that:

• You are physically able to participate in strength, conditioning, mobility, and surfing activities, and no healthcare provider has advised you against them.
• The information you give the coach about your fitness, injuries, and health is accurate, and you will keep it up to date. The Service adjusts workouts based on what you report; it cannot account for anything you do not report, and even with accurate information it cannot examine you and may still suggest activities that are inappropriate for you.
• You will use your own judgment before performing any workout, exercise, movement, or surfing activity suggested by the Service, and you will modify or skip anything that seems unsafe or beyond your ability.
• You will STOP IMMEDIATELY and seek medical attention if you experience pain, dizziness, shortness of breath, chest discomfort, or any other concerning symptom.
• You will not use the Service to seek, and will not rely on it for, medical advice, diagnosis, treatment, rehabilitation, or medication guidance — even if you ask, the coach is designed to decline.

5. Assumption of risk

YOU UNDERSTAND AND AGREE THAT EXERCISE AND SURFING ARE INHERENTLY DANGEROUS ACTIVITIES THAT CARRY SIGNIFICANT RISK OF SERIOUS INJURY, PERMANENT DISABILITY, PARALYSIS, AND DEATH. These risks cannot be eliminated, no matter how careful you or we are.

Risks of the training activities suggested by the Service include, without limitation: muscle, tendon, and ligament strains, sprains, and tears; fractures and dislocations; back, neck, joint, and spinal injuries; injuries from falls, dropped weights, or defective or misused equipment; overuse injuries; aggravation of pre-existing conditions; heat-related illness; cardiovascular events including heart attack and stroke; and death.

Risks of surfing and ocean activities include, without limitation: drowning and near-drowning; head, neck, and spinal-cord injuries, including paralysis; collisions with your own or others’ surfboards, fins, leashes, other surfers, swimmers, watercraft, rocks, reef, sandbars, jetties, and the ocean floor; lacerations; injuries from waves, rip currents, tides, storms, and changing surf and weather conditions; cold-water immersion and hypothermia; encounters with marine life; injuries entering or exiting the water; and death.

You acknowledge that Shralp does not and cannot assess surf conditions, your swimming ability, your fitness, your technique, or your surroundings in real time. You alone decide whether, when, where, how, and with whom to train or surf, and whether conditions and activities are within your ability.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE AND YOUR TRAINING AND SURFING ACTIVITIES, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INHERENT IN THE ACTIVITY OR ARISING FROM THE ACTS, OMISSIONS, OR ORDINARY NEGLIGENCE OF SHRALP OR THE OTHER RELEASED PARTIES DEFINED BELOW.

6. Release of liability and covenant not to sue

In consideration of being permitted to use the Service, you agree as follows, on behalf of yourself and your heirs, executors, administrators, personal representatives, successors, and assigns:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE, WAIVE, AND FOREVER DISCHARGE SHRALP AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, CONTENT AND TECHNOLOGY PROVIDERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR YOUR TRAINING OR SURFING ACTIVITIES — INCLUDING PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, AND PROPERTY DAMAGE, AND INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY — AND YOU COVENANT NOT TO SUE ANY RELEASED PARTY FOR ANY SUCH CLAIM.

This release does not apply to claims based on gross negligence, willful misconduct, or fraud, or to any other claims that cannot be released as a matter of applicable law. Some jurisdictions do not permit pre-injury releases of negligence claims; in those jurisdictions, this section applies to the fullest extent the law allows, and the remainder of these Terms — including Sections 5, 13, 14, and 16 — continues to apply in full.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS RELEASE, UNDERSTAND THAT IT MEANS YOU ARE GIVING UP LEGAL RIGHTS AND REMEDIES, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR ORDINARY NEGLIGENCE, AND AGREE TO IT FREELY AND VOLUNTARILY.

7. AI-generated coaching and content

Coaching conversations, workout plans, and related content are generated by third-party artificial-intelligence models. AI-generated content can be inaccurate, incomplete, outdated, or unsuitable for you. It can misunderstand your messages, your fitness, or your injuries, and it can produce confident-sounding statements that are wrong. We apply safety rules to workout generation (for example, filtering exercises that load an injury you reported), but no automated safeguard is perfect, and we do not guarantee that any suggestion is safe, appropriate, or effective for you.

You are solely responsible for evaluating everything the coach says before acting on it. If a suggestion causes pain or seems unsafe, wrong, or beyond your ability, do not do it. We may change the AI models and providers we use at any time. Sections 4, 5, 6, 13, and 14 apply in full to all AI-generated content.

8. Exercise videos and third-party content

The Service includes content licensed from or provided by third parties, such as exercise demonstration videos and links to third-party sites and videos (for example, YouTube technique clips). We do not create, control, endorse, or guarantee third-party content, and it may change or become unavailable at any time. Demonstration videos show general form for an exercise; they are not personalized instruction. Your use of third-party content and services is at your own risk and subject to the applicable third party’s terms, and you agree to comply with any such terms that apply to you when using the Service.

9. Text messaging terms

By signing up and giving the required consent, you agree to receive recurring automated coaching messages from Shralp at the mobile number you provide. Consent is not a condition of purchase. Message frequency varies, and message and data rates may apply. Reply STOP to cancel messages; Shralp will confirm and stop recurring coaching messages. Reply START in the same conversation to resume. Reply HELP for help.

Message delivery depends on carriers, RCS availability, and other systems outside our control. We do not guarantee that any message will be delivered, timely, or complete, and you agree not to rely on the Service for time-sensitive or safety-critical communication.

10. Your responsibilities and acceptable use

Your mobile number is your identity with Shralp. Provide accurate signup and coaching information, keep it current, and tell us if your number changes. You are responsible for activity conducted through your number and your workout links.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any law;
• Access another person’s workout links or data, or impersonate any person;
• Interfere with, disrupt, probe, or overburden the Service or its infrastructure, including through bots, scraping, or automated access;
• Reverse engineer, decompile, or attempt to extract the source code, models, or prompts of the Service, except to the extent applicable law expressly permits;
• Copy, download, redistribute, resell, or create derivative works from Service content, including exercise videos, except as the Service is designed to allow;
• Attempt to manipulate the coach into producing content that is harmful, unlawful, or outside its intended purpose;
• Use the Service on behalf of another person or provide it to anyone under 18.

We may investigate violations and suspend or terminate access at our discretion, including where we believe continued use presents a safety or legal risk.

11. License and intellectual property

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your own personal, non-commercial use. The Service — including its software, design, workouts, text, graphics, logos, and licensed content — is owned by Shralp or its licensors and protected by intellectual property laws. No rights are granted except as expressly stated here.

You retain ownership of the information and content you send to the coach. You grant us a non-exclusive, worldwide, royalty-free license to use it to operate, provide, secure, and improve the Service, consistent with our Privacy Policy. If you send us feedback or suggestions, we may use them without restriction or obligation to you.

12. Service availability and fees

Shralp is currently offered free of charge. Features, message timing, model behavior, carrier support, and availability may change, be interrupted, or be discontinued at any time without notice or liability. We do not guarantee that data you store with the Service will be retained. If we introduce paid plans in the future, we will provide pricing and terms before you are charged, and continued use of paid features will require your agreement to those terms.

13. Disclaimer of warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT THE SERVICE WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY WORKOUT OR ADVICE WILL BE SAFE, SUITABLE, OR EFFECTIVE FOR YOU, OR THAT USING THE SERVICE WILL PRODUCE ANY PARTICULAR FITNESS OR SURFING RESULT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) NO RELEASED PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) NO RELEASED PARTY WILL BE LIABLE FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR YOUR TRAINING OR SURFING ACTIVITIES, INCLUDING RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICE; AND (C) THE RELEASED PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID SHRALP FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY — CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, OR OTHERWISE — AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD. IN JURISDICTIONS THAT LIMIT THESE EXCLUSIONS, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED. THE ALLOCATIONS OF RISK IN SECTIONS 5, 6, 13, AND 14 ARE ESSENTIAL PARTS OF THE BARGAIN BETWEEN YOU AND SHRALP, WITHOUT WHICH THE SERVICE WOULD NOT BE OFFERED, INCLUDING FREE OF CHARGE.

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms or of your representations in Sections 2 and 4; (b) your misuse of the Service; (c) your violation of any law or the rights of any third party; or (d) claims by third parties arising from your training or surfing activities, including injuries you cause to others.

16. Dispute resolution: binding arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND SHRALP TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT AS DESCRIBED IN SECTION 16.7.

16.1 Informal resolution first

Before starting arbitration or any other proceeding, the party with a dispute must send the other an individualized written notice (a “Notice of Dispute”) describing the dispute, the claimant’s name and phone number used with the Service, and the relief sought. Send notices to Shralp at the contact address in Section 22. The parties will then attempt in good faith to resolve the dispute for at least 60 days, including, if either party requests, one individualized videoconference settlement conference. All applicable statutes of limitations are tolled during this informal-resolution period.

16.2 Binding individual arbitration

Except as provided in Section 16.3, any dispute, claim, or controversy arising out of or relating in any way to these Terms or the Service — including personal-injury claims, claims based on ordinary negligence, and disputes about the scope, enforceability, or validity of this arbitration agreement — will be resolved exclusively by final and binding arbitration before a single arbitrator, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by these Terms. The Federal Arbitration Act governs this Section. Hearings will be held by videoconference unless the arbitrator decides an in-person hearing is required, in which case it will occur in the county where you live. Arbitration fees are allocated under the AAA’s rules. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction. If the AAA is unavailable, the parties will select another consumer arbitration administrator, or a court will appoint one under 9 U.S.C. § 5.

16.3 Exceptions

Either party may (a) bring an individual claim in small claims court in your county of residence if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights. These actions do not waive this arbitration agreement.

16.4 Class action and jury trial waiver

YOU AND SHRALP EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR OTHER REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity, and the arbitrator may not consolidate claims or preside over any representative proceeding unless both parties agree in writing. If a court finds this class waiver unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, severed from any claims that remain subject to arbitration, and the parties agree a court may stay it pending the outcome of any arbitrable claims.

16.5 Coordinated (mass) filings

If 25 or more Notices of Dispute or arbitration demands raising similar claims are brought by or with the assistance of coordinated counsel, the parties agree the claims will proceed in staged proceedings: first, each side may select up to 10 claims to proceed as bellwether arbitrations; all other claims are stayed, and their filing fees are deferred, while the bellwethers proceed. After the bellwether arbitrations conclude, the parties will participate in a global mediation informed by the results. If claims remain unresolved 120 days after that mediation, each remaining claimant may elect either to proceed in arbitration in further staged batches or to proceed in court, and Shralp will not object to court proceedings on the basis of this arbitration agreement for claimants who so elect. All applicable statutes of limitations are tolled for stayed claims from the date a compliant Notice of Dispute is received until the claim concludes or the claimant withdraws it.

16.6 Delegation and severability

The arbitrator decides all disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides the enforceability of the class waiver in Section 16.4 and the coordinated-filing procedures in Section 16.5. If any part of this Section 16 (other than the class waiver) is found unenforceable, the remainder remains in effect.

16.7 Your right to opt out

You may opt out of this arbitration agreement and class waiver by emailing the contact address in Section 22 within 30 days of first accepting these Terms, with your name, the phone number you used to sign up, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, including Sections 5 and 6, and does not affect any prior arbitration agreement between you and Shralp.

16.8 Survival

This Section 16 survives termination of these Terms and of your use of the Service.

17. Governing law and venue

These Terms and any dispute arising out of them or the Service are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 16. For any claim not subject to arbitration, you and Shralp consent to the exclusive jurisdiction and venue of the state courts located in San Mateo County, California, and the United States District Court for the Northern District of California, except that either party may bring qualifying claims in small claims court as described above.

18. Apple App Store terms

If you use the Shralp! app obtained from Apple’s App Store (including TestFlight), the following also apply:

• These Terms are between you and Shralp only, not Apple Inc. (“Apple”). Shralp, not Apple, is solely responsible for the app and its content.
• Your license to the app is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The app is licensed, not sold.
• Shralp, not Apple, is solely responsible for maintenance and support of the app; Apple has no obligation to provide any.
• If the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other warranty claims are Shralp’s sole responsibility.
• Shralp, not Apple, is responsible for addressing claims relating to the app or your possession and use of it, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy, or similar laws.
• If a third party claims the app infringes its intellectual property rights, Shralp, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent and warrant 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 list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the app (for example, your wireless data service agreement).
• Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the app, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

19. Termination and survival

You may stop using the Service at any time by replying STOP or requesting account deletion as described in the Privacy Policy. We may suspend or terminate your access at any time, with or without cause or notice. The following survive any termination: Sections 4, 5, 6, 7, 11 (as to licenses already granted), 13, 14, 15, 16, 17, and 21.

20. Changes to these Terms

We may update these Terms from time to time. If we make material changes — including any change to Sections 5, 6, or 16 — we will notify you (for example, by coaching message or email) and give you an opportunity to review before the changes take effect. Continued use of the Service after the stated effective date constitutes acceptance; for material changes to the release or arbitration provisions, we may also ask you to affirmatively re-accept. If you do not agree to updated Terms, stop using the Service and reply STOP.

21. General terms

• Entire agreement. These Terms, the Privacy Policy, and any terms presented for specific features are the entire agreement between you and Shralp regarding the Service.
• Severability and reformation. If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permissible, modified only to the minimum extent necessary, and the rest of these Terms remains in full effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Electronic communications. You consent to receive notices and communications from us electronically, including by text message and email, and agree they satisfy any legal writing requirement.
• California consumer notice. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

22. Contact

Legal notices, Notices of Dispute, and arbitration opt-outs should be sent to the contact below.

Contact Shralp! at joschwa9@gmail.com.