Mainstay Terms of Service

Last Updated: October 4, 2026 · Terms Version 1.2

Mainstay ("the App") is a personal AI fitness coach for iPhone and Apple Watch, operated by ALC SFR LLC, a Wyoming limited liability company, doing business as Mainstay ("we," "us"). These Terms of Service ("Terms") govern your use of the App and our related services. By creating an account, tapping to accept, or using the App, you agree to these Terms. If you do not agree, do not use the App.

PLEASE READ SECTIONS 4, 14 AND 17 CAREFULLY. SECTION 4 IS AN ASSUMPTION OF RISK AND RELEASE OF CLAIMS. SECTION 14 LIMITS OUR LIABILITY. SECTION 17 REQUIRES YOU AND US TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND WAIVES CLASS ACTIONS AND JURY TRIALS. YOU CAN OPT OUT OF ARBITRATION WITHIN 30 DAYS, AS EXPLAINED IN SECTION 17.

Our Privacy Policy explains how we handle your data and is part of these Terms.

1. Important Health Disclaimer

Read this section carefully. It affects your safety.

Mainstay provides AI-generated fitness and exercise guidance. It is not medical advice, and the App is not a medical device, healthcare provider, or substitute for professional medical care.

Consult a physician before starting. Talk to your doctor before beginning any exercise program, especially if you have a heart condition, high blood pressure, joint or muscle injuries, are pregnant, or have any other medical condition.
You assume the risk of exercise. Physical exercise carries inherent risks, including muscle and joint injury, cardiovascular events, and in rare cases serious injury or death. By using the App, you voluntarily accept these risks. Section 4 explains this in full.
Stop if something hurts. If you experience pain, dizziness, shortness of breath, chest discomfort, or anything that feels wrong during a workout, stop immediately and seek medical attention if needed. No workout plan is worth an injury.
Know your limits. The App suggests weights, exercises, and intensity based on the data you provide and your logged history. Only you can feel what your body is telling you. Use weights you can control with good form.
Readiness scores are estimates. Recovery and readiness metrics derived from sleep, heart rate variability, and resting heart rate are informational estimates, not medical measurements. Do not use them to diagnose or monitor any health condition.
Not for emergencies. The App cannot detect or respond to a medical emergency. In an emergency, call 911.

2. AI-Generated Coaching Disclaimer

The App's workout plans, coaching chat responses, exercise recommendations, and motivational messages are generated by artificial intelligence.

AI-generated content may contain errors, including unsuitable exercise selections, incorrect weight suggestions, or inaccurate form cues.
The AI coach is not a certified personal trainer and is not a substitute for in-person professional instruction, particularly on exercise form and technique. If you are unsure how to perform a movement safely, get instruction from a qualified trainer before attempting it.
The AI coach cannot see you, cannot evaluate your form, and relies entirely on the information you provide. Inaccurate or incomplete information (for example, an unreported injury) will produce less safe recommendations.
Apply your own judgment to every recommendation. If a suggestion seems wrong for your body, skip it.
No guarantee of results. Fitness outcomes depend on many factors outside the App's control, including effort, consistency, nutrition, sleep, and genetics. We do not promise any particular strength, endurance, weight, or health outcome.
Consent to AI processing. The App works by sending your profile, training history, health metrics, and messages to our AI provider, and members of our team may review coaching to check its quality and safety. The App asks for your consent to this before it starts, as described in the Privacy Policy. The App cannot coach you without it.

3. Eligibility

You must be at least 18 years old to create an account or use the App. The App is offered only in the United States. By using the App, you confirm that you meet these requirements and that the information you provide during onboarding (including your age, injury history, and experience level) is accurate. Providing inaccurate health or injury information will produce less safe recommendations, and you accept responsibility for the accuracy of what you provide.

3a. Beta Program (TestFlight)

If you use a pre-release version of the App through Apple TestFlight, the following additional terms apply:

Beta software is unfinished. Pre-release builds may contain bugs, may crash, may lose or reset data, and may change or remove features without notice. Do not rely on a beta build as your only record of your training.
Adults only, healthy participants only. The beta program is limited to users who are at least 18 years old, are not pregnant, are not in active injury rehabilitation, and have no medical condition that makes unsupervised exercise inadvisable. If any of these apply to you, do not participate in the beta.
Free of charge. Beta access is free. Beta access is not a promise of free access after launch, of any particular launch price, or that the product will launch at all, except for any offer we make to you in writing (such as the founding tester offer in the Beta Program Agreement).
Feedback. You are not required to give feedback, but any feedback, suggestions, or ideas you do provide may be used by us to improve the product without obligation or compensation to you. We will only quote you publicly with your separate permission.
Access may end anytime. We may add, remove, or suspend beta testers, or end the beta program, at our discretion.
Apple's TestFlight terms and our Beta Program Agreement also apply to beta use. All other sections of these Terms, including the health disclaimer, AI disclaimer, assumption of risk and release, warranty disclaimer, limitation of liability, and dispute resolution, apply fully during the beta.

4. Assumption of Risk and Release

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

(a) ASSUMPTION OF RISK. YOU UNDERSTAND THAT EXERCISE, INCLUDING STRENGTH TRAINING AND CARDIO, IS PHYSICALLY DEMANDING AND CARRIES A RISK OF INJURY, ILLNESS, OR DEATH, INCLUDING MUSCLE, JOINT, AND BONE INJURIES, HEAT ILLNESS, AND HEART ATTACK. YOU ALSO UNDERSTAND THAT THE APP'S GUIDANCE IS GENERATED BY ARTIFICIAL INTELLIGENCE, IS BASED ONLY ON THE INFORMATION AVAILABLE TO IT, AND MAY BE WRONG OR UNSUITABLE FOR YOU. YOU DECIDE WHETHER, WHEN, AND HOW TO EXERCISE AND WHETHER TO FOLLOW ANY RECOMMENDATION. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THESE RISKS, BOTH KNOWN AND UNKNOWN.

(b) RELEASE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, AND DISCHARGE ALC SFR LLC, ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS (THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS FOR PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO YOUR EXERCISE OR YOUR USE OF THE APP OR ITS GUIDANCE, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, AND YOU AGREE NOT TO SUE ANY RELEASED PARTY FOR ANY SUCH CLAIM.

(c) WHAT THIS DOES NOT COVER. THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM A RELEASED PARTY'S GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR FRAUD, OR TO ANY CLAIM OR RIGHT THAT THE LAW DOES NOT ALLOW TO BE RELEASED OR WAIVED IN ADVANCE. If any part of this release is found unenforceable for you, the rest of it still applies to the fullest extent the law allows.

5. Subscriptions and Billing

Mainstay Pro is an auto-renewing subscription purchased through Apple's App Store:

Monthly: $24.99 per month
Annual: $199.99 per year

The price, billing period, and any trial are shown in the App before you buy. Pricing may vary and is always the price Apple shows you at purchase. Promotional pricing (such as founding-member offer codes) is governed by the offer's stated terms at redemption; promotional prices apply only while the qualifying subscription remains continuously active.

Free trial. New subscribers receive a 7-day free trial. You will not be charged if you cancel at least 24 hours before the trial ends. If you do not cancel, your paid subscription starts automatically when the trial ends and Apple charges you the price shown at purchase.
Auto-renewal. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD, AND APPLE CHARGES THE THEN-CURRENT PRICE TO THE PAYMENT METHOD ON YOUR APPLE ACCOUNT, UNTIL YOU CANCEL. To avoid being charged for the next period, cancel at least 24 hours before the current period ends. Apple charges the renewal within the 24 hours before the current period ends.
How to cancel. You can cancel anytime in your iPhone's Settings > your name > Subscriptions > Mainstay, or through the App Store. Cancelling stops future renewals; you keep access through the end of the period you already paid for. Deleting the App or your Mainstay account does not cancel your subscription.
Confirmation. Apple emails you a receipt for your purchase and each renewal, which includes the subscription terms and how to cancel.
Refunds. All purchases are processed by Apple. Refund requests are handled by Apple under Apple's own refund policy; we cannot issue refunds directly. To request a refund, visit reportaproblem.apple.com.
Price changes. If we change subscription prices, Apple will notify you in advance and, where required, ask you to consent before the new price applies. You can cancel before the new price takes effect.

6. Your Account

You sign in with your Apple ID (Sign in with Apple). You are responsible for maintaining the security of your device and account. Notify us if you believe your account has been accessed without authorization. You may delete your account in the App at any time as described in the Privacy Policy.

7. Acceptable Use

You agree not to:

Use the App for any unlawful purpose;
Attempt to access other users' data or accounts;
Reverse engineer, decompile, or probe the App or our servers, or circumvent authentication or rate limits, except where the law expressly allows it;
Use automated scripts to access the service or scrape its content;
Abuse the AI coach feature, including attempting to make it produce harmful content or using it for purposes unrelated to fitness coaching;
Resell, sublicense, or commercially exploit the App or its content without our written permission.

We apply fair-use rate limits to AI features (such as daily limits on coach messages and plan generations) to keep the service reliable for everyone.

8. License and Intellectual Property

The App, including its software, design, exercise library, and branding, is owned by us or our licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the App for your own personal, non-commercial fitness training, on any Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may also be used by other accounts associated with you through Family Sharing or volume purchasing where Apple allows it. Your workout logs and personal data remain yours, as described in the Privacy Policy.

9. Third-Party Content and Services

Exercise demonstrations. The exercise demonstration videos and images in the App are licensed to us by a third party. You may view them in the App for your own training only. You may not download, copy, extract, redistribute, or use them outside the App. A demonstration shows a general way to perform a movement; it is not personal instruction, and Section 1 applies to it.
Third-party services. The App relies on services provided by others, including Apple (sign in, payments, Apple Health, Apple Watch) and our AI provider. Your use of Apple services is also governed by Apple's terms. You must comply with any third-party terms that apply when you use the App, for example your wireless carrier's data plan terms.

10. Service Availability

The App depends on network connectivity and our backend servers for AI plan generation, coach chat, and sync. We aim for high availability but do not guarantee uninterrupted service. Features may change, improve, or be removed as the product evolves. We will not materially reduce the core functionality of an active paid subscription without notice.

11. Account Termination

You may stop using the App and delete your account at any time. We may suspend or terminate your account if you violate these Terms, abuse the service, or create risk or legal exposure for us or other users. Where reasonable, we will warn you first. If we terminate your account without cause while you have an active paid subscription, your refund recourse is through Apple as described in Section 5. Sections 1, 2, 4, 8, 9, and 13 through 19 survive termination.

12. Acceptance and Records

When you create an account, and whenever you accept updated Terms or give or withdraw an in-app consent, we record the version you accepted, the time, and the app build. When we materially update these Terms, the App shows you the new version and asks you to accept it before you continue, and we record that acceptance against the new version number.

13. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT THE LAW ALLOWS. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, THAT AI-GENERATED CONTENT WILL BE ACCURATE OR SAFE FOR YOUR SPECIFIC CIRCUMSTANCES, OR THAT THE SERVICE WILL BE UNINTERRUPTED. Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

(b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS (US $100) OR (ii) THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

(c) THESE LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR FRAUD, OR TO ANY LIABILITY THAT THE LAW DOES NOT ALLOW TO BE LIMITED OR EXCLUDED.

Some states do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

15. Indemnification

You agree to defend and indemnify ALC SFR LLC and its owners, employees, and agents against third-party claims, and the resulting reasonable costs, to the extent they arise from your breach of these Terms or your misuse of the App (for example, unlawful use or use that violates Section 7). This does not apply to the extent a claim is caused by our own negligence or misconduct.

16. Governing Law

These Terms are governed by the Federal Arbitration Act for Section 17 and otherwise by the laws of the State of Wyoming, without regard to its conflict of law principles. Nothing in these Terms takes away any right or protection you have under the consumer protection laws of the state where you live that cannot be waived by contract.

17. Dispute Resolution: Binding Individual Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED.

(a) Talk to us first. Before starting arbitration or a court case, you and we each agree to try to resolve any dispute informally for at least 30 days. Send a written description of the dispute and what you want to support@mainstay.fit, including your name and the email address on your account. We will send ours to the email address on your account. If the dispute is not resolved within 30 days after the notice is received, either party may start arbitration. Time limits for bringing a claim are paused during these 30 days.

(b) Agreement to arbitrate. Except as stated in (d) and (e) below, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or our services, including disputes about the scope or enforceability of this Section, will be resolved by binding individual arbitration and not in court. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration starts, available at adr.org, before a single arbitrator. Fees are paid as those rules provide. The arbitration will take place in the county where you live or, if you prefer, by video or on written submissions. The arbitrator may award the same individual relief a court could, but only to you individually. You and we each waive the right to a jury trial. This Section does not apply to a dispute that was already filed in court or in arbitration before you accepted these Terms.

(c) Class and representative action waiver. YOU AND WE EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding.

(d) Small claims. Either party may instead bring an individual claim in small claims court if it qualifies and stays there.

(e) Intellectual property and urgent relief. Either party may ask a court for an order to stop infringement or misuse of intellectual property, or for temporary relief to keep things as they are while an arbitration is pending.

(f) Your right to opt out. You can opt out of this agreement to arbitrate by emailing support@mainstay.fit within 30 days after you first accept Terms that contain this Section 17. Include your name, the email address on your account, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, and it does not affect any earlier arbitration agreement you made with us.

(g) If the class waiver fails. If the class and representative action waiver in (c) is found unenforceable for a particular claim or request for relief, then that claim or request (and only that one) will be severed from the arbitration and decided by a court as described in (h), after the individual arbitration of the remaining claims is finished. The waiver may never be read to allow class arbitration.

(h) Court for anything not arbitrated. Any dispute that is not arbitrated (because you opted out, because it falls under (d) or (e), or because a court decides this Section does not apply) will be resolved only in the state or federal courts located in Wyoming, and you and we consent to their jurisdiction, unless the law of the state where you live gives you the right to bring it in your home state.

(i) Changes to this Section. If we change this Section 17, the change will not apply to a dispute we already had notice of before the change took effect.

18. Apple App Store Terms

These terms apply if you got the App from Apple's App Store, and they take priority over anything in these Terms that conflicts with them:

Acknowledgement. These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for the App and its content.
Scope of license. Your license to use the App is the one described in Section 8: non-transferable, for Apple-branded products you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
Maintenance and support. We are solely responsible for any maintenance and support of the App, as described in these Terms or as required by law. Apple has no obligation whatsoever to provide any maintenance or support for the App.
Warranty. We are solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our responsibility, subject to these Terms.
Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar laws, including in connection with the App's use of HealthKit.
Intellectual property claims. If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
Legal compliance. You represent and warrant that (i) you are not located in a country or region that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country or region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer name and contact. The App is provided by ALC SFR LLC, doing business as Mainstay, 30 N Gould St, Ste R, Sheridan, WY 82801. Questions, complaints, or claims about the App go to support@mainstay.fit or to that address (see Section 21). Telephone: (415) 763-1344.
Third-party terms. You must comply with applicable third-party terms of agreement when using the App.
Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

19. General Terms

Entire agreement. These Terms, the Privacy Policy, and (for beta testers) the Beta Program Agreement are the entire agreement between you and us about the App and replace any earlier agreement about it. If they conflict, these Terms control, except that the Beta Program Agreement controls on beta-specific matters it covers.
Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible, and the rest of these Terms stay in effect. Section 17(g) governs the class action waiver specifically.
Assignment. You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of all or part of our business, or to an affiliate, with notice to you.
No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
Notices. We may give you notices through the App or by email to the address on your account. You may give us notices by email to support@mainstay.fit or by mail to ALC SFR LLC, 30 N Gould St, Ste R, Sheridan, WY 82801. An email notice is received when sent, unless the sender learns it was not delivered; a mailed notice is received when delivered.
Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages of networks, hosting, AI, or Apple services, natural disasters, and government action.
No agency. Nothing in these Terms creates a partnership, employment, or agency relationship between you and us.

20. Changes to These Terms

We may update these Terms from time to time. We will tell you about material changes through the App or by email before they take effect, and the "Last Updated" date and version above will change. For material changes, the App will ask you to accept the updated Terms before you continue using it. If you do not agree, stop using the App and cancel your subscription.

21. Contact

ALC SFR LLC, doing business as Mainstay, 30 N Gould St, Ste R, Sheridan, WY 82801. Telephone: (415) 763-1344. Questions about these Terms, or notices under them: support@mainstay.fit