Last updated: June 26, 2026
These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and Jordan Jones, an individual doing business as Notch ("we," "us," or "Notch"), located at 5635 Auburn Ave Apt A, Portsmouth, OH 45662, United States. By creating an account or otherwise using the Notch mobile application or related services (collectively, the "Services"), you accept these Terms. If you do not agree, do not use the Services.
Please read these Terms carefully. They contain important provisions including a health and fitness disclaimer, limitation of liability, mandatory arbitration agreement, and class action waiver that affect your legal rights.
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18, have the legal capacity to enter into a binding contract, and are not barred from using the Services under the laws of the United States or your jurisdiction of residence. The Services are not directed to or intended for use by individuals under the age of 18.
Notch is a mobile fitness application available on iOS and Android that helps users track strength training workouts, plan periodized training cycles (mesocycles), monitor per-muscle training volume, and identify personal records. The Services include a free tier and a paid subscription tier called "Notch Pro" that unlocks additional features described in the application.
We may modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
3.1 Account creation. To use the Services, you must create an account by providing an email address and password. You agree to provide accurate, current, and complete information and to keep this information up to date.
3.2 Account security. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at support@therealnotch.app if you suspect any unauthorized use.
3.3 One account per user. You may not maintain more than one account, and you may not transfer, sell, or assign your account to any other person.
3.4 Account suspension. We may suspend or terminate your account at any time, with or without notice, for any reason including violation of these Terms.
4.1 Plans. Notch offers a free tier with limited features. Notch Pro is available as a monthly subscription, an annual subscription, or a one-time lifetime purchase, at the prices displayed in the application. Prices are in U.S. Dollars.
4.2 Payment processing. All payments are processed by Apple Inc. (through the Apple App Store) or Google LLC (through Google Play), depending on your device. We do not collect, store, or process payment card information. By purchasing a subscription, you also agree to the terms of the applicable app store.
4.3 Automatic renewal. Monthly and annual subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date through your Apple App Store or Google Play subscription settings.
4.4 Cancellation. You can cancel a subscription at any time through your Apple App Store or Google Play subscription settings. Cancellation will take effect at the end of the current billing period; you will continue to have access to Pro features until then. We do not offer cancellation through the Notch app or through our support channels — cancellation is managed entirely by the app store from which you purchased.
4.5 Refunds. All refunds are handled by Apple or Google according to their respective policies. We are not able to issue refunds directly. If you believe you are entitled to a refund, please contact Apple Support or Google Play Support.
4.6 Price changes. We may change subscription prices from time to time. Any price change will not affect your current billing period. We will provide notice of price changes at least 30 days in advance of the next billing period through the application or by email.
4.7 Lifetime purchases. A "lifetime" purchase provides access to Pro features for as long as the Services remain operational and your account remains in good standing. "Lifetime" refers to the lifetime of the Services, not the lifetime of the User.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Notch application on a mobile device that you own or control, solely for your personal, non-commercial use. All rights not expressly granted are reserved.
You agree that you will not, and will not permit any third party to:
6.1 Ownership. You retain ownership of all content you upload to the Services, including progress photos, profile photos, workout notes, and any other content (collectively, "User Content").
6.2 License to us. You grant us a worldwide, non-exclusive, royalty-free license to store, host, transmit, and display your User Content solely to the extent necessary to provide the Services to you. This license terminates when you delete the User Content or your account, except where retention is required by law or where the User Content has been shared with third parties through your use of the Services.
6.3 Your representations. You represent and warrant that you own or have all necessary rights to the User Content you upload, and that your User Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party.
6.4 Removal. We may remove User Content that we reasonably believe violates these Terms or applicable law, without prior notice.
6.5 Backup. You are responsible for maintaining your own backups of any User Content that is important to you. We are not obligated to back up or restore User Content.
You agree not to use the Services to:
8.1 Our IP. The Services, including all software, designs, text, graphics, logos, and other content (excluding User Content), are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. "Notch" and the Notch logo are our trademarks. Nothing in these Terms grants you any right to use our trademarks except as expressly permitted.
8.2 Feedback. If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Services without compensation or attribution to you.
8.3 Copyright infringement notices. If you believe content available through the Services infringes your copyright, please send a written notice to support@therealnotch.app including: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and information sufficient to locate it; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner; and (f) your physical or electronic signature.
The Services rely on third-party providers including Apple Inc., Google LLC, Supabase, Inc., Functional Software, Inc. (Sentry), RevenueCat, Inc., and Cloudflare, Inc. The Services may also contain links to third-party websites or services that we do not own or control. We are not responsible for the content, privacy practices, or operation of any third-party services. Your interactions with third parties are governed by their respective terms and policies.
The following provisions apply when you obtain the Notch application through the Apple App Store or Google Play.
10.1 Acknowledgment. These Terms are a binding agreement between you and Notch only. Neither Apple nor Google is a party to these Terms. Notch — and not Apple or Google — is solely responsible for the Notch application and its content.
10.2 Scope of license. The license granted in Section 5 is limited to the use of the Notch application on Apple-branded devices or Android devices that you own or control, as applicable, and as permitted by the App Store Terms of Service or Google Play Terms of Service.
10.3 Maintenance and support. Notch is solely responsible for providing any maintenance or support services with respect to the Notch application as required by applicable law. Neither Apple nor Google has any obligation to furnish any maintenance or support services with respect to the Notch application.
10.4 Warranty. Notch is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Notch application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Notch application (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Notch application. Google does not warrant the application and disclaims all warranties to the maximum extent permitted by applicable law.
10.5 Product claims. Notch, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the Notch application or your possession or use of it, including: (a) product liability claims; (b) any claim that the Notch application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
10.6 Intellectual property claims. In the event of any third-party claim that the Notch application or your possession and use of the application infringes that third party's intellectual property rights, Notch, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
10.7 Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
10.8 Third-party beneficiaries. You acknowledge and agree that Apple Inc. and its subsidiaries, and Google LLC and its affiliates, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
10.9 Developer contact. Questions, complaints, or claims regarding the Notch application should be directed to: support@therealnotch.app.
Important: Notch is not a medical device, and the Services are not a substitute for professional medical advice, diagnosis, or treatment.
11.1 Not medical advice. The Services are intended for general informational and fitness-tracking purposes only. The Services do not provide medical advice and are not designed for the diagnosis, prevention, monitoring, treatment, or alleviation of any medical condition or disease. Any information generated by the Services — including training recommendations, exercise selections, volume targets, deload prompts, personal record detection, and any other algorithmic output — is provided for general informational purposes only and does not constitute medical, nutritional, or other professional advice.
11.2 Consult a professional. Before beginning any new exercise program, you should consult with a qualified healthcare professional, particularly if you have any pre-existing medical condition, are pregnant, are recovering from injury or surgery, or are taking medication. Never disregard professional medical advice or delay seeking it because of something you have read or seen through the Services.
11.3 Assumption of risk. Strength training and other physical exercise carry an inherent risk of physical injury, including but not limited to muscle strains, joint injury, cardiovascular events, and other serious harm. You voluntarily assume all risk of injury arising from your use of the Services and the performance of any exercise suggested, generated, or tracked by the Services. You are solely responsible for determining whether any exercise is safe and appropriate for you, for using proper form, for selecting appropriate weights, and for stopping exercise if you experience pain, discomfort, dizziness, or any other warning sign.
11.4 No guarantee of results. We make no representation, warranty, or guarantee that use of the Services will result in any particular fitness, strength, weight, body composition, or other physical outcome. Individual results vary based on numerous factors outside our control.
11.5 Information accuracy. While we make reasonable efforts to ensure that information presented through the Services is accurate, exercise science is an evolving field and we cannot guarantee that any specific recommendation or piece of information is current, accurate, complete, or applicable to your individual circumstances.
11.6 Emergency. The Services are not designed to address medical emergencies. If you believe you are experiencing a medical emergency, call your local emergency services immediately. Do not rely on the Services for medical assistance.
Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference.
13.1 By you. You may terminate your account at any time by using the account deletion feature in the application or by contacting support@therealnotch.app.
13.2 By us. We may suspend or terminate your account, with or without notice, if we reasonably believe you have violated these Terms, if your account remains inactive for an extended period, if required by law or court order, or if we cease to provide the Services.
13.3 Effect of termination. Upon termination, your right to use the Services ends immediately, and we may delete your account data after a reasonable retention period (subject to legal preservation obligations). Termination does not entitle you to a refund of any pre-paid fees. Sections that by their nature should survive termination — including ownership provisions, disclaimers, indemnification, limitations of liability, and dispute resolution — will survive.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION, ALGORITHMIC OUTPUT, OR RECOMMENDATION PROVIDED THROUGH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NOTCH OR ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The limitations in this Section apply to the maximum extent permitted by applicable law and survive termination of these Terms. Some jurisdictions do not allow the limitation of certain damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Notch and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) any content you submit, post, or upload through the Services.
This Section requires that most disputes be resolved through binding arbitration on an individual basis. It also contains a class action waiver. Please read it carefully.
17.1 Informal resolution. Before initiating arbitration or any legal proceeding, you and Notch agree to first attempt to resolve any dispute through informal good-faith negotiations. To begin, send a written notice describing the dispute to support@therealnotch.app. The parties will then have thirty (30) days to attempt to resolve the dispute informally. Neither party may commence arbitration or litigation until this 30-day period has elapsed.
17.2 Binding arbitration. If the parties cannot resolve the dispute informally, you and Notch agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in court. This includes claims arising before the effective date of these Terms.
17.3 Arbitration rules and venue. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, then in effect. The arbitration will take place in the State of Ohio, United States, or, at your election, by telephone or video conference. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.
17.4 Arbitration fees. If the arbitration fees determined by the AAA are excessive in light of the amount in controversy, Notch will pay all arbitration fees (including filing, administrative, and arbitrator fees) other than those that AAA rules require you to pay.
17.5 Class action waiver. YOU AND NOTCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
17.6 Exceptions. The arbitration requirement does not apply to: (a) actions seeking injunctive or other equitable relief for alleged infringement or misappropriation of intellectual property rights; or (b) small claims court actions brought on an individual basis. Either party may bring such claims in court.
17.7 Court proceedings. For any Disputes not subject to arbitration, the parties agree to the exclusive jurisdiction of, and venue in, the state and federal courts located in Scioto County, Ohio, and waive any objection to such jurisdiction and venue.
17.8 Opt out. You have the right to opt out of the arbitration agreement in Sections 17.2 through 17.5 by sending written notice to support@therealnotch.app within 30 days of first accepting these Terms. The notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
We may modify these Terms from time to time. If we make a material change, we will provide at least thirty (30) days' notice through the application or by email to the address associated with your account before the change takes effect. Your continued use of the Services after the effective date of a modified version constitutes acceptance of the changes. If you do not agree to the changes, your sole remedy is to stop using the Services and terminate your account.
Notwithstanding the foregoing, the following changes may take effect immediately upon notification: (a) the introduction of new functionality; (b) changes required to address a security risk; (c) bug fixes; and (d) changes required by court order, regulatory action, or applicable law.
These Terms and any Dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Ohio, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
20.1 Entire agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Notch regarding the Services and supersede all prior agreements or understandings.
20.2 Severability. If any provision of these Terms is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
20.3 No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
20.4 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law.
20.5 Force majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, pandemics, or natural disasters.
20.6 No agency. No agency, partnership, joint venture, or employment relationship is created between you and Notch by these Terms.
20.7 Notices. We may provide notice to you through the application, by email to the address associated with your account, or by posting on our website. You must send any notice to us by email to support@therealnotch.app or by mail to the address listed in Section 21.
20.8 Headings. Section headings are for convenience only and have no legal effect.
If you have questions about these Terms, please contact us:
Jordan Jones, d/b/a Notch
5635 Auburn Ave Apt A
Portsmouth, OH 45662
United States
support@therealnotch.app