Terms of Use
Kettlebell training is physical and carries a real risk of injury. Check with a doctor before you start, choose your own weights, and stop if something hurts. Bellshift gives general coaching, not medical advice. By using the app you accept these risks and these terms.
1. Agreement to these terms
These Terms of Use ("Terms") are a binding agreement between you and Bellshift LLC ("Bellshift", "we", "us"), a New York limited liability company, about your use of the Bellshift app, its videos, programs, workouts and other content (together, the "App"). You accept these Terms when you tap "I understand and agree" in the App, or by using the App. If you do not agree, do not use the App.
2. Who may use the App
You must be at least 18 years old, or the age of majority where you live, to accept these Terms. A person aged 13 to 17 may use the App only with the permission and supervision of a parent or legal guardian who accepts these Terms on their behalf. The App is not intended for children under 13.
3. Not medical advice
The App provides general fitness information and coaching for educational purposes. It is not medical advice, diagnosis or treatment, and it does not replace a physician, physical therapist or in-person coach who can assess you. Nothing in the App creates a doctor-patient or personal-trainer relationship.
Before starting the App, or any new exercise program, talk to your physician, especially if you are pregnant or recently gave birth, have or have had heart, lung, joint, back or other medical conditions or injuries, take medication, or have not exercised regularly. Stop exercising immediately and seek medical help if you feel pain, dizziness, faintness, chest discomfort or shortness of breath.
4. Kettlebell training and assumption of risk
Kettlebell training involves moving heavy, swinging weights. It carries inherent risks that cannot be removed entirely, even when exercises are performed correctly. These risks include, among others:
- muscle strains, ligament sprains, joint, back and soft-tissue injuries;
- bruises, cuts, fractures and other injuries from a bell that slips, swings or is dropped, to you, other people, pets or property;
- falls, and injuries caused by your surroundings, flooring or equipment;
- overexertion, heat illness and, in rare cases, heart attack, stroke, serious injury or death.
You understand these risks and voluntarily choose to accept them. You assume full responsibility for any injury, illness, damage or loss that may result from your training with or without the App, to the fullest extent permitted by law.
5. Your choices and responsibilities
You decide how you train. The App never tells you how heavy a bell to use: you choose your weights, reps, rest and pace, and you decide whether you are fit to train on a given day. In particular, you agree to:
- watch the coach videos and cues and learn each movement before adding load, and start light;
- stop a set when your form breaks down, and never train through pain;
- train in a safe space with enough room, a stable non-slip surface and nothing fragile nearby, and keep children, pets and other people clear of moving bells;
- use kettlebells that are in good condition, and check handles and surfaces before each session;
- use a qualified coach or medical professional if you are unsure whether an exercise is right for you.
Levels, programs, coaching tips, records and other features are general guides, not personal prescriptions or guarantees of results.
6. Release of claims
To the fullest extent permitted by law, you release Bellshift LLC, its owners, members, managers, coaches (including Alexey Myshevskiy), employees, contractors and agents from any and all claims, demands and liability for injury, illness, death, damage or loss arising out of or related to your use of the App or your training, including claims based on ordinary negligence. This release does not apply to gross negligence, willful misconduct or any liability that cannot be released under applicable law.
7. License and acceptable use
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on Apple devices you own or control, for your own non-commercial training, under these Terms and the Apple Usage Rules. You may not copy, record, redistribute, sell, sublicense, publicly display or use to coach others any videos, programs, workouts, cues or other content from the App; reverse engineer the App except as the law allows; or use the App in any unlawful way.
All content in the App, including videos, photographs, programs, workouts, coaching cues, text, design and the Bellshift name and logo, is owned by or licensed to Bellshift and is protected by copyright, trademark and other laws. All rights not expressly granted are reserved.
8. Your data
Your training history is stored on your device. How we handle information is explained in our Privacy Policy. You are responsible for keeping your device and its backups; we cannot recover data that is deleted from or lost with your device.
9. Purchases and subscriptions
The App is currently free. If we offer paid content or subscriptions in the future, they will be sold through Apple's App Store and billed by Apple under Apple's terms. Price, billing period, renewal and how to cancel will be shown before you buy. You can manage or cancel subscriptions in your Apple Account settings, and refunds are handled by Apple.
10. Changes to the App
We may update, change, suspend or discontinue the App, or any program, workout or video, at any time. Videos stream from third-party services and may occasionally be unavailable.
11. Disclaimer of warranties
The App and all content are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise any particular result from training, or that the App will be uninterrupted or error-free.
12. Limitation of liability
To the fullest extent permitted by law, Bellshift and the people listed in section 6 will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, data or goodwill, arising from or related to the App or these Terms. Our total liability for all claims will not exceed the greater of the amount you paid us for the App in the 12 months before the claim arose, or fifty US dollars (US $50). Some jurisdictions do not allow certain limitations, so some of them may not apply to you.
13. Indemnity
You agree to defend, indemnify and hold harmless Bellshift and the people listed in section 6 from claims, losses and expenses, including reasonable attorneys' fees, brought by third parties and arising from your use of the App, your training, or your breach of these Terms.
14. Apple
These Terms are between you and Bellshift only, not with Apple Inc. ("Apple"). Bellshift, not Apple, is solely responsible for the App and its content. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for the App; to the maximum extent permitted by law, Apple has no other warranty obligation regarding the App. Bellshift, not Apple, is responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection claims, and claims that the App infringes someone's intellectual property. You confirm 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 when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
15. Governing law and disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Before filing any claim, you agree to contact us at support@bellshift.app and try to resolve the dispute informally for at least 30 days. Any claim that is not resolved will be brought only in the state or federal courts located in New York County, New York, and you and we consent to their jurisdiction, except that either party may bring an individual claim in small claims court.
16. Changes to these Terms
We may update these Terms from time to time. If a change is material, we will tell you in the App and may ask you to accept it again. The effective date at the top shows the latest version. Continuing to use the App after an update means you accept the updated Terms.
17. General
These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App. If any part is found unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms; we may transfer them in connection with a merger, sale or reorganisation. Sections 4, 6, 7, 11, 12, 13 and 15 survive the end of your use of the App.
18. Contact
Bellshift LLC · Brooklyn, New York · support@bellshift.app