Terms and Conditions

OH Performance (referred to as “OH Performance,” the “Platform,” “we,” “us,” or “our”) is a brand and service operated by Xplorer Lab Corp, located in Miami, Florida, United States. You may contact us at contact@xplorerlab.com.

These Terms and Conditions (“Terms”) govern access to and use of the OH Performance website, its associated pages, the iOS and Android mobile application, and the related programs, workouts, tools, content, and services (collectively, the “Services”). By creating an account, checking an acceptance box, purchasing a subscription, or using the Services, you confirm that you have read and agree to these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Services. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity.

The Services are not intended for children under 13. People between 13 and 17 may use OH Performance only with prior consent and under the supervision of a parent or legal guardian. The responsible adult accepts these Terms on the minor's behalf and is responsible for determining whether the exercises, content, and goals are appropriate for the minor.

We may request reasonable information to verify age or guardian consent and may suspend or close accounts when verification is not possible. Parents or guardians who learn that a minor provided information without authorization should contact contact@xplorerlab.com.

OH Performance provides digital fitness tools, training programs, exercise demonstrations, activity and food tracking, educational content, general recommendations, and features related to habits, performance, and physical appearance. Some features may adapt or suggest content based on onboarding responses, goals, fitness level, recorded activity, or data authorized by the user.

Automated or personalized recommendations do not guarantee results and are not a substitute for professional judgment. We may reasonably modify, update, remove, or add features, content, or programs without guaranteeing that any specific feature will remain available indefinitely.

OH Performance and Xplorer Lab Corp are not health-care providers. The Services do not constitute medical advice, diagnosis, treatment, prescription, rehabilitation, physical therapy, or clinical nutrition advice. No information should be used as a substitute for consulting a physician, registered dietitian, or other qualified health professional.

Before starting or changing a training, nutrition, fasting, supplementation, or lifestyle program, users should consult a health professional, especially if pregnant, previously inactive, injured, ill, disabled, affected by an eating disorder or cardiovascular or metabolic condition, taking medication, or subject to any other risk factor.

Exercise and dietary changes involve inherent risks, including falls, injury, exhaustion, dehydration, metabolic disturbances, cardiovascular events and, in exceptional cases, serious injury or death. You agree to participate voluntarily, use safe equipment, maintain proper technique and surroundings, respect your limits, and stop immediately if you experience acute pain, dizziness, unusual shortness of breath, fainting, palpitations, or other concerning symptoms. In an emergency, contact emergency services and do not use the Platform for assistance.

You assume the risks reasonably associated with your participation, except to the extent applicable law does not permit that liability to be limited.

To use certain features, you must create an account and provide complete and accurate information. You are responsible for keeping your information current, protecting your credentials, and controlling access to your devices. You must not share your account or allow another person to impersonate you.

You must promptly notify us of unauthorized use or a security incident. We may require verification, limit access, or suspend an account to protect the user, third parties, or the Platform. You are responsible for the physical, health, activity, food, and goal information you submit; recommendations may be inappropriate if that information is incomplete or inaccurate.

Certain features require a paid subscription. Before purchase, we will display the price, currency, billing frequency, duration, included content, and any applicable trial or promotional terms. Applicable taxes may be added.

Purchases are completed through Stripe Checkout on a secure webpage operated by Stripe. Stripe processes payment information under its own terms and privacy policy. OH Performance does not control Stripe's services and may receive limited transaction data from Stripe, such as payment status, identifier, brand, and the last digits of the payment method.

By confirming a subscription, you authorize Xplorer Lab Corp and its payment providers to charge the stated amount and applicable taxes to the selected payment method. If payment fails, we may retry the charge, request an updated method, limit features, or suspend paid access.

The availability of Stripe Checkout or external links within a mobile application may vary by operating system, territory, distribution channel, and app-store rules. Nothing in these Terms guarantees that a purchase method will be available in every version of the application.

Unless an offer expressly states otherwise, subscriptions automatically renew for successive periods equal to the purchased period, and the current price is charged to the payment method until you cancel.

You may cancel through the Platform's account or subscription section, a Stripe management portal we make available, or by requesting help at contact@xplorerlab.com. To avoid another charge, cancellation must be completed before the renewal date. Cancellation stops future renewals, but access normally continues through the end of the paid period.

We may change prices or renewal terms for future periods with reasonable advance notice. If you do not accept a change, you must cancel before it takes effect. Continued use after renewal constitutes acceptance of the displayed or notified price.

If we offer a free trial or promotional price, we will disclose its duration and conditions before activation. Unless otherwise stated, the subscription will automatically convert to a paid subscription at the disclosed price when the trial ends unless you cancel first. A promotion may be limited by person, account, household, payment method, or period and may be withdrawn in cases of fraud or abuse.

Unless the offer, applicable law, or our published policy provides otherwise, payments for periods already started are nonrefundable and are not prorated for nonuse, changed goals, unmet results, or early cancellation. This rule does not limit nonwaivable consumer rights.

If you believe a charge was incorrect or duplicated, contact us promptly at contact@xplorerlab.com with the information needed to investigate. Approved refunds are normally issued to the original payment method. If a purchase is exceptionally processed through Apple, Google, or another store, that store's refund rules and channels may apply.

With your permission, the application may connect to third-party services or devices, such as Apple Health, Health Connect, fitness platforms, or wearables, to import or export data. You control the permissions available on your device and may revoke them in the relevant settings.

Sensor, calorie, step, heart-rate, sleep, food, and other metric data may contain errors, delays, or estimates. It must not be used for medical decisions or emergencies. We do not guarantee the accuracy, continuity, or compatibility of third-party integrations. Our handling of personal information is explained in the OH Performance Privacy Policy.

Subject to compliance with these Terms, you receive a limited, personal, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and use the Services for personal, noncommercial purposes during the authorized period.

OH Performance, Xplorer Lab Corp, and their licensors retain all rights in the Platform, software, design, trademarks, logos, text, images, videos, animations, routines, programs, databases, compilations, and other materials. You may not copy, systematically record, reproduce, resell, distribute, publish, share credentials, extract data, create derivative works, circumvent controls, reverse engineer, or commercially exploit content without written authorization.

If the Platform allows you to upload photos, comments, data, or other materials, you retain your rights and grant us a worldwide, nonexclusive, royalty-free license limited to hosting, processing, reproducing, and displaying that content solely to operate, protect, and improve the Services under the Privacy Policy.

You represent that you have the right to provide that content. You may not upload illegal, deceptive, infringing, abusive, discriminatory, sexually explicit, malicious, or privacy-invasive material; introduce malware; interfere with the Platform; automate unauthorized access; harass others; or use the Services to compete, resell, or develop databases or models without permission.

The Services may depend on Stripe, authentication, hosting, analytics, mapping, app-store and health-platform providers, and other third parties. Their products are governed by their own terms. We are not responsible for third-party interruptions, actions, content, or policies outside our control, although we will use commercially reasonable measures to maintain the Platform.

We do not guarantee uninterrupted availability or a complete absence of errors. We may perform maintenance, apply security updates, change technical requirements, or stop supporting older versions. You are responsible for a compatible device, internet access, an updated system, and any data or telecommunications costs.

You may stop using the Services and request closure of your account. We may suspend or terminate access for breach, fraud, security or health risks, abuse, legal obligations, nonpayment, or discontinuation of the Service. When reasonably possible, we will notify you and allow the breach to be corrected.

Termination does not eliminate accrued obligations. Provisions concerning outstanding payments, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and other terms that by their nature should continue will survive.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” XPLORER LAB CORP DISCLAIMS EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND RESULTS. WE DO NOT GUARANTEE WEIGHT LOSS, MUSCLE GAIN, IMPROVED HEALTH OR PERFORMANCE, OR THAT A PROGRAM IS APPROPRIATE FOR EVERY PERSON.

Some jurisdictions do not allow certain exclusions, so they apply only to the extent permitted.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XPLORER LAB CORP, ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, REVENUE, OPPORTUNITIES, OR PROFITS; OR DAMAGES ARISING FROM RELIANCE ON METRICS, RECOMMENDATIONS, OR CONTENT.

EXCEPT FOR LIABILITIES THAT CANNOT BE LIMITED, THE TOTAL AGGREGATE LIABILITY RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO OH PERFORMANCE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

To the extent permitted by law, you agree to defend, indemnify, and hold Xplorer Lab Corp harmless from third-party claims arising from your unlawful or unauthorized use, your content, your breach of these Terms, or your violation of third-party rights. This obligation does not cover acts attributable solely to our gross negligence or willful misconduct.

These Terms are governed by Florida law and applicable U.S. federal law, without regard to conflict-of-law principles. Before filing a claim, the parties will attempt in good faith to resolve it through written notice describing the issue and requested solution. You may send notice to contact@xplorerlab.com or the address in section 1.

If the matter is not resolved within 30 days, and unless the law requires another forum, the parties consent to the personal jurisdiction and exclusive venue of the state or federal courts in Miami-Dade County, Florida. Nothing prevents filing in a court of competent small-claims jurisdiction or seeking urgent relief to protect intellectual property, security, or data.

OH Performance is operated from the United States. Anyone accessing it from another country is responsible for complying with local law. Provisions on governing law, forum, warranties, and liability do not reduce mandatory consumer-protection rights in your place of residence that cannot be waived by contract.

We may modify these Terms in response to legal, technical, business, or Service changes. We will publish the updated version with its effective date and, for material changes, provide reasonable notice through the Platform, email, or another appropriate means. Where required by law, we will request renewed acceptance. Continued use after the effective date constitutes acceptance of the changes.

These Terms, the Privacy Policy, the subscription offer presented at purchase, and any policy expressly incorporated form the entire agreement concerning the Services. If a provision is invalid, it will be adjusted only as much as necessary and the others will remain effective. Failure to exercise a right is not a waiver. You may not assign these Terms without consent; we may assign them as part of a reorganization, sale, merger, or business transfer, subject to applicable law. Headings are for convenience only.

Xplorer Lab Corp — OH Performance

Miami, Florida, United States.

Support and legal email: contact@xplorerlab.com.

BY CREATING AN ACCOUNT, PURCHASING A SUBSCRIPTION, OR USING THE SERVICES, YOU CONFIRM THAT YOU UNDERSTAND THE PHYSICAL NATURE OF THE ACTIVITIES, WILL PROVIDE ACCURATE INFORMATION, WILL SEEK PROFESSIONAL ADVICE WHEN APPROPRIATE, AND ACCEPT THESE TERMS. IF YOU ARE THE PARENT OR GUARDIAN OF A MINOR USER, YOU CONFIRM YOUR CONSENT AND SUPERVISION.