Terms of Service

Delta Terms of Service

TMS Enterprises LLC | Effective Date: 2026-08-25

1. Agreement and Scope

These Terms of Service (“Terms”) govern access to and use of Delta, including the Delta iPhone application, Apple Watch companion application, websites, trainer console, subscription features, Coach, and related services (collectively, the “Service”). The Service is operated by TMS Enterprises LLC (“TMS,” “Delta,” “we,” “us,” or “our”).

By creating an account, affirmatively accepting these Terms, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old to use Delta. We may suspend or delete an account if we reasonably determine that the user is under 18.

2. What Delta Provides

Delta is a strength-training and fitness service. It allows athletes to record and review workouts, evaluate progression, use training and readiness features, receive AI-assisted fitness guidance through Coach, and, if they choose, connect with an independent trainer.

Delta is not a medical service, healthcare provider, emergency service, or substitute for professional medical care. Delta is intended for fitness and general-wellness purposes and is not intended to diagnose, treat, cure, mitigate, or prevent disease or injury.

3. Accounts and Authentication

Athletes authenticate using an email address and a one-time verification code. Delta does not require an athlete password. Trainers use separately provisioned trainer accounts and authenticate using email and password. Delta does not offer social or third-party OAuth login.

You are responsible for safeguarding access to your email account, device, and Delta account and for activity conducted through your account. You may not impersonate another person, access another user’s account without authorization, or use the Service unlawfully.

4. Subscription Plans and Entitlements

Delta offers monthly and annual athlete subscriptions with the same paid feature set unless the purchase screen states otherwise. Subscriptions automatically renew until cancelled.

After expiration

When access to paid or otherwise entitled functionality ends, the athlete retains read-only access to existing workout history, data export, and account/privacy controls. Active workout logging, Coach, Readiness, program editing, trainer functionality, and other paid features are unavailable until access is restored. If a trainer relationship exists, it may remain dormant while trainer access is suspended and may resume if the athlete later regains access, unless either party has ended the relationship.

5. Billing, Renewal, Cancellation, and Refunds

Purchases made through Apple are subject to Apple’s applicable billing, renewal, cancellation, and refund processes. Where permitted, Delta may also offer web checkout through Stripe. Delta does not store full payment-card credentials; payment credentials are processed by the applicable payment provider.

You may cancel at any time to prevent a future renewal. Unless applicable law or the purchase platform requires otherwise, cancellation does not retroactively refund amounts already paid and access continues through the end of the then-current paid period.

Delta may change subscription prices prospectively, subject to required notice, consent, applicable law, and platform rules. Delta does not promise permanent grandfathered pricing.

Deleting a Delta account is not intended to leave a subscription charging without an account. Subscriptions controlled by Delta are cancelled as part of deletion, and Apple-managed subscriptions are handled through Apple’s applicable cancellation flow.

6. Coach and Artificial Intelligence

Coach provides AI-assisted strength-training and fitness guidance. Before Coach sends personal or health-related information to a production AI provider, the athlete must affirmatively accept a separate Coach disclosure and consent. Coach is optional; declining Coach consent does not prevent use of the rest of Delta.

When available and covered by that consent, Coach context may include recent training, progression, readiness information, body-composition information, age, optional sex, user-entered health notes, soreness, and HealthKit-derived physiological information such as resting heart rate, heart-rate variability, respiratory rate, wrist temperature, and sleep, together with personal baselines and derived readiness context. The production disclosure will identify the AI provider then in use.

Coach may generate an automatic post-workout summary. Users may disable automatic summaries without disabling Coach. If the production AI provider changes, Delta will require renewed Coach consent before sending the user’s covered data to the new provider.

AI output may be inaccurate, incomplete, inconsistent, or inappropriate. Coach does not diagnose or treat medical conditions, provide medical or emergency services, or replace the judgment of the athlete or a qualified professional. Do not use Coach for medical emergencies, diagnosis, medication decisions, or treatment decisions.

7. Apple Health and Readiness

Delta may request permission to read selected information from Apple Health and to write completed workouts to Apple Health. Health permissions are optional and may be revoked using Apple controls. Coach does not require HealthKit.

Delta’s physiological Readiness inputs are obtained through HealthKit rather than directly from Delta’s Apple Watch companion. These may include resting heart rate, heart-rate variability, respiratory rate, wrist temperature, and sleep. A user-entered soreness score is separate from HealthKit.

Workout heart rate captured during a Delta Watch workout is used on the Watch/Apple Health path and is not used by Delta’s Readiness or Coach pipeline.

Delta does not guarantee the accuracy or completeness of Apple Health, device, wearable, body-composition, readiness, or other third-party data.

8. Trainer Relationships

An athlete may connect to one trainer at a time. A trainer relationship is established only after the athlete affirmatively accepts a trainer-specific disclosure naming that trainer.

A connected trainer may see the athlete’s name and full trainer-visible workout history, including workout history created before the trainer relationship began and future workouts while the relationship remains active. Trainer-visible history may include sessions, exercises, sets, repetitions, weights, personal records, and custom exercise identifiers/names.

Trainers do not receive the athlete’s body-composition data, HealthKit/readiness data, soreness, health notes, or Coach conversations through Delta. Trainers also do not receive the athlete’s account email or phone number merely because of the trainer relationship.

Either party may end the relationship. Ending it terminates the trainer’s platform access to the athlete’s workout history, voids pending proposals, and leaves already applied program changes with the athlete. The Trainer Agreement separately requires trainers to stop using and, where applicable, delete copies of Delta-derived athlete data under their control, subject to legally required retention.

9. Trainer Program Changes

Trainers may propose program updates. Some updates to parts of an athlete’s program that the athlete has not customized may apply automatically. Changes that conflict with athlete customizations, removals, certain material method changes, and first assignments require review. Delta will provide notice when an eligible program update has been applied.

The detailed merge logic is an implementation feature and may evolve, but Delta will not treat mere passage of time as the athlete’s acceptance of a program change requiring review.

10. Independent Trainers

Trainers are independent third parties. They are not employees, agents, partners, healthcare providers, representatives, or fiduciaries of TMS. Provisioning a trainer account does not mean Delta has certified, credentialed, endorsed, supervised, or verified the trainer’s qualifications, insurance, competence, or suitability.

Any coaching agreement, coaching fee, or commercial relationship between an athlete and a trainer is between those parties and is outside Delta. Trainers are responsible for the legality, safety, and professional appropriateness of their own coaching and programming.

11. User and Trainer Content

Athletes and trainers may create custom exercises, custom exercise names, program-day names, program structures, templates, and similar training content. Custom exercise and program-day names are user-entered free text; where they form part of training content shared with a connected trainer, the trainer may see them. The creator retains ownership of their original content. You grant TMS a non-exclusive license to host, store, reproduce, transmit, display, and otherwise process that content only as reasonably necessary to operate Delta and provide authorized sharing and restoration functions.

You may not upload or use unlawful, infringing, abusive, malicious, or rights-violating content. Delta does not undertake a general obligation to monitor user-created training content but may remove content or restrict access where reasonably necessary.

A trainer retains ownership of the trainer’s underlying programs, templates, and methods and may reuse them with other athletes. Once trainer-created programming is delivered or applied to an athlete through Delta, the athlete receives a continuing personal right to use and modify the delivered copy for their own training, even after disconnecting from the trainer. That right does not authorize commercial redistribution, sale, publication, or sublicensing of the trainer’s underlying intellectual property.

12. Your Workout Data and Export

As between you and Delta, you retain your rights in workout information you create. Your full workout logbook, per-exercise workout detail, and in-progress workout edits are stored on your device and are not maintained as a server-side recovery copy by Delta. Delta may maintain the narrower structured training records necessary to provide trainer-sharing features, and limited account/program state needed to operate Delta and restore settings/program configuration to a device.

Eligible users may export their data in machine-readable formats made available by Delta, expected to include JSON and workout-history CSV. Because the full workout logbook is device-only, user-initiated export is the recovery mechanism for that local history. Export does not expand your rights in third-party or trainer-owned intellectual property included in a delivered program.

13. Acceptable Use

violate law or another person’s rights;

gain unauthorized access to systems, accounts, or data;

introduce malware, disrupt the Service, or evade security controls;

scrape or systematically extract protected Service content without authorization;

use athlete data for unauthorized advertising, data brokerage, model training, or unrelated solicitation;

misrepresent qualifications, identity, affiliation, or endorsement; or

use Delta in a manner that creates an unreasonable security or safety risk.

14. Fitness Risk and No Guaranteed Results

Strength training and exercise involve inherent risks, including strain, injury, overexertion, equipment failure, cardiovascular events, and other harms. You are responsible for determining whether an exercise, load, volume, progression, or recommendation is appropriate for you and for obtaining professional advice when appropriate.

Delta does not guarantee any particular strength, fitness, body-composition, recovery, health, or performance result.

15. Delta Intellectual Property

Delta’s software, branding, interface, proprietary algorithms, designs, documentation, and content owned by TMS are protected by intellectual-property laws. Subject to these Terms, TMS grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose.

Third-party open-source or public-domain materials remain subject to their applicable notices and terms.

16. Privacy

The Delta Privacy Policy describes how Delta handles personal information and is incorporated into these Terms to the extent permitted by law. Specific affirmative consents, including Coach consent and trainer-sharing consent, govern the particular processing they authorize and are not silently expanded by general language in these Terms.

17. Suspension, Termination, and Account Deletion

TMS may suspend or terminate an athlete account for material Terms violations, fraud, abuse, security threats, unlawful activity, or conduct that materially threatens Delta or other users. If TMS terminates a paid athlete without cause, TMS will provide a pro-rata refund of unused prepaid subscription time where TMS controls the payment, subject to platform rules and applicable law. No contractual refund is promised for a for-cause termination except where required.

Account deletion removes or de-links active identifiable server-side data controlled by Delta as described in the Privacy Policy, but does not automatically erase local workout history or workouts already written to Apple Health. A separate local-data erasure control may be used where available.

18. Service Changes and Availability

Delta is under active development. TMS may add, modify, suspend, or discontinue features. TMS uses reasonable safeguards and recovery measures but does not guarantee uninterrupted availability or that data loss can never occur. Users are encouraged to use the export tools Delta provides.

Delta may modify these Terms. Material changes will receive appropriate notice and may require renewed acceptance. Non-material changes may be reflected by an updated effective date or other reasonable notice.

19. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TMS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED AVAILABILITY TO THE EXTENT THOSE WARRANTIES MAY LAWFULLY BE DISCLAIMED.

Nothing in these Terms excludes any warranty or right that applicable law does not permit TMS to exclude.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TMS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR SIMILAR INDIRECT LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TMS’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TMS OR THROUGH THE APPLICABLE PURCHASE CHANNEL FOR DELTA DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

These limitations do not apply to the extent prohibited by law, including any non-waivable liability for gross negligence, intentional misconduct, or other matters that cannot lawfully be limited.

21. Dispute Resolution; AAA Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES, PROVIDES A 30-DAY RIGHT TO OPT OUT, AND INCLUDES A CLASS-ACTION AND JURY-TRIAL WAIVER TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Informal dispute process

Before commencing arbitration, the claimant must provide written notice to legal@deltafitness.app describing the dispute and requested relief and allow 30 days for good-faith informal resolution.

Individual AAA arbitration

Except for the limited court matters described below and unless a timely opt-out is submitted, disputes arising out of or relating to Delta, these Terms, or the parties’ relationship will be resolved by binding individual arbitration administered by the American Arbitration Association under the rules applicable to the dispute.

30-day opt-out

You may opt out of this arbitration agreement by sending notice to legal@deltafitness.app within 30 days after first accepting these Terms. The notice must identify the account email and clearly state that you opt out of arbitration.

No class proceedings

To the maximum extent permitted by law, disputes must proceed on an individual basis and not as a class, collective, consolidated, or representative action. Coordinated mass-arbitration filings may be administered through a staged or bellwether process consistent with applicable AAA rules and enforceability requirements.

Court carveout

Either party may seek temporary, preliminary, or injunctive relief in court for intellectual-property misuse, unauthorized system access, data-security threats, misuse or disclosure of confidential athlete information, or comparable urgent harm. Where legally permissible, permitted court proceedings will be brought exclusively in the state or federal courts located in New York County, New York.

Small claims

Except where applicable law or mandatory AAA rules require otherwise, these Terms do not create a separate contractual small-claims carveout from the arbitration requirement.

Jury waiver

For any dispute permitted to proceed in court, each party waives trial by jury to the maximum extent permitted by law.

22. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles, except that mandatory consumer protections and federal arbitration law apply where required.

23. Force Majeure

TMS is not responsible for delay or failure caused by events reasonably beyond its control, including major provider or network outages, natural disasters, governmental actions, labor disruptions, or similar events, except to the extent applicable law makes an obligation non-waivable.

24. Assignment and Business Transfers

You may not assign your account or these Terms without TMS’s consent. TMS may assign these Terms and transfer the Delta business and related user accounts/data in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of Delta to an affiliate or successor, subject to applicable privacy law and required notice.

25. Apple-Specific Terms

If you obtain Delta through Apple’s App Store, these Terms are between you and TMS, not Apple. Apple is not responsible for Delta except as required by applicable App Store terms. Your use of Delta must comply with Apple’s applicable terms. Apple and its subsidiaries are intended third-party beneficiaries to the extent required by Apple’s developer terms.

26. Miscellaneous

If any provision is unenforceable, the remaining provisions remain effective to the extent permitted by law. Failure to enforce a provision is not a waiver. These Terms, the Privacy Policy, applicable purchase disclosures, and any specific consent or addendum governing a feature constitute the applicable agreement for the Service. A specific affirmative consent controls for the particular processing it authorizes.

27. Contact

TMS Enterprises LLC 16192 Coastal Highway, Lewes, Delaware 19958, Sussex County General support: support@deltafitness.app Privacy: privacy@deltafitness.app Legal notices and arbitration opt-outs: legal@deltafitness.app