Terms of Service
Effective Date: July 1, 2026
These Terms of Service (“Terms”) are a binding agreement between you and Three Rivers Research Labs LLC, doing business as Heyday Fitness (“Heyday Fitness,” “we,” “us”), and govern your use of the Heyday Fitness web application and coaching service (the “Service”). By creating an account or using the Service, you agree to these Terms, including the health and safety notice in Section 5, the assumption of risk in Section 6, and the dispute resolution provisions in Section 12. If you do not agree, do not use the Service.
1. Eligibility and Use of the Service
Heyday Fitness provides AI-powered motivational coaching calls, and optional text messages, to help you maintain gym attendance habits. You must be at least 18 years old and able to form a binding contract to use the Service, and you must sign up with a phone number you own and control. By using the Service you represent that you meet these requirements.
2. Subscriptions and Billing
The Service is offered as a paid monthly subscription; current plans and pricing are shown at signup and at checkout, and new subscribers receive a 3-day free trial. Your card is collected at checkout and first charged when the trial ends. Subscriptions renew automatically each month until cancelled. You can cancel anytime from Settings → Manage subscription; cancellation takes effect at the end of the current billing period, and we do not offer refunds for partial periods. We may change pricing with notice; changes apply from your next billing period.
3. Calls, Texts, and Consent
Coaching calls. By providing and verifying your phone number and activating a call schedule, you consent to receive automated coaching voice calls from Heyday Fitness at that number at the times you select. You may stop calls at any time by removing your call schedule or cancelling your subscription.
Text messages (SMS).Text messaging is an optional feature of Heyday Fitness and is not required to create an account or use the Service. If you choose to opt in — by checking the consent box at signup, enabling text messages in your account settings, or replying YES or START to a message from us — you agree to receive recurring automated text messages from Heyday Fitness at the mobile number associated with your account, including workout-confirmation prompts and streak updates. Message frequency varies (up to 2 messages per day). Message and data rates may apply. You can opt out at any time by replying STOP to any message or by disabling text messages in your account settings, and you can reply HELP for assistance. Opting out of text messages will not affect your coaching calls or your ability to use Heyday Fitness; you can still log workouts through your dashboard. Consent to receive text messages is not a condition of purchase or of using the Service.
4. AI-Generated Content
Coaching calls, voicemails, and messages are generated by artificial intelligence. AI-generated content can be inaccurate, incomplete, or inappropriate for your individual circumstances, and is provided for general motivational purposes only. You are responsible for evaluating any AI-generated content before acting on it.
5. Not Medical, Health, or Professional Advice
The Service is a motivational and habit-tracking tool. It is not a medical device and does not provide medical, psychological, nutritional, physical-therapy, or professional fitness advice, and nothing in the Service creates a doctor–patient, therapist–client, or trainer–client relationship. Always consult a qualified physician or other health professional before beginning or modifying any exercise program, and before acting on anything the Service says, especially if you have (or suspect you have) any medical condition, injury, or limitation. Never disregard or delay seeking professional medical advice because of something said on a coaching call or in the Service.
The Service is not an emergency service.If you are experiencing a medical or mental-health emergency, call 911 (or your local emergency number) immediately. If you are experiencing thoughts of self-harm, you can call or text 988 (in the US) to reach the Suicide & Crisis Lifeline.
6. Assumption of Risk and Personal Responsibility
Physical exercise carries inherent risks, including muscle soreness, strains, sprains, other injury, aggravation of pre-existing conditions, and in rare cases serious injury or death. By using the Service, you represent that you are physically able to participate in an exercise program (or have obtained clearance from a physician to do so), and you knowingly and voluntarily assume all risks associated with your exercise and physical activity, to the maximum extent permitted by applicable law. You are solely responsible for your own health decisions, for the decision to work out (or not) on any given day, for exercising within your own limits, and for how you act on any motivational content the Service provides. Coaching calls are encouragement, not instructions: you should never exercise through pain, injury, or illness, regardless of anything said on a call.
7. Acceptable Use
You agree not to use the Service unlawfully, register phone numbers you do not control, attempt to reverse engineer or interfere with the Service, abuse or attempt to manipulate the AI coach into producing harmful content, or use the Service in a way that could harm Heyday Fitness or others. We may suspend or terminate accounts engaged in such conduct.
8. Intellectual Property
All content, trademarks, and technology in the Service are owned by or licensed to Heyday Fitness. You may not copy, reproduce, or distribute any part of the Service without written permission.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT CALLS OR MESSAGES WILL BE DELIVERED AT ANY PARTICULAR TIME OR AT ALL, THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT AI-GENERATED CONTENT WILL BE ACCURATE OR APPROPRIATE FOR YOU, OR THAT USE OF THE SERVICE WILL PRODUCE ANY PARTICULAR FITNESS, HEALTH, OR OTHER RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) HEYDAY FITNESS AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) WE WILL NOT BE LIABLE FOR PERSONAL INJURY, ILLNESS, OR OTHER HARM ARISING FROM YOUR EXERCISE OR PHYSICAL ACTIVITY OR FROM YOUR RELIANCE ON MOTIVATIONAL OR AI-GENERATED CONTENT; AND (C) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED U.S. DOLLARS ($100).
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (which in some jurisdictions may include liability for gross negligence, willful misconduct, or certain personal-injury claims). Some jurisdictions do not allow limits on incidental or consequential damages, so some of the above may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless Heyday Fitness and its owners, employees, contractors, and service providers from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, your misuse of the Service, or your violation of any law or the rights of a third party.
12. Dispute Resolution; Arbitration; Class Waiver
Talk to us first. Before filing a claim, you agree to contact us at support@heydayfitness.com and give us 30 days to resolve the dispute informally.
Binding arbitration. Except for small-claims-court matters and claims for injunctive relief, any dispute arising out of these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in South Carolina or remotely at your election. You and Heyday Fitness each waive the right to a jury trial and the right to participate in a class action. You may opt out of this arbitration provision by emailing support@heydayfitness.com within 30 days of first accepting these Terms.
13. Termination
We may suspend or terminate accounts that violate these Terms. You may stop using the Service at any time by cancelling your subscription and requesting account deletion. Sections 5, 6, and 9–12 survive termination.
14. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you (for example, by text, email, or a notice in the Service) before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance.
15. Governing Law; Severability; Entire Agreement
These Terms are governed by the laws of the State of South Carolina, without regard to conflict of law principles. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Heyday Fitness regarding the Service.
16. Contact
Questions about these Terms? Email support@heydayfitness.com.