Terms of Use

Effective date: September 27, 2026 · Revision 2.

These Terms are an agreement between you and M3E Brands LLC, an Arizona limited liability company ("OpenSet," "we," "us," or "our"), covering the OpenSet app and related community and support services. By creating an account after these Terms take effect, you agree to them. Changes for existing accounts are addressed in section 15.

Our Community Guidelines form part of these Terms. Our Privacy Policy explains how we handle personal information. Accepting these Terms does not replace any separate consent required by law.

1. Who can use OpenSet

You must be at least 18 years old and able to enter into this agreement. By creating an account, you confirm that you meet those requirements. OpenSet is intended for adults in the United States; availability may differ by location and app store.

If we learn that an account belongs to someone under 18, we will close it and address deletion of its information under our Privacy Policy and applicable law. Contact privacy@openset.fit if you believe someone under 18 is using OpenSet.

2. Your account and use of the app

Provide accurate account information, keep your password private, and take reasonable steps to protect your account. Tell us at support@openset.fit if you suspect unauthorized access. These responsibilities do not excuse OpenSet from its own security obligations or remove your legal rights concerning unauthorized activity.

Maintain one personal account unless we authorize otherwise. Do not impersonate someone or create another account to evade a restriction or block. Operator-run community and test accounts are separate from personal member accounts; section 7 explains our automated community accounts.

Subject to these Terms and applicable app-store rules, you may use OpenSet for your personal use. OpenSet's software, branding, and other materials remain owned by us or our licensors. This does not give us ownership of your content. Third-party and open-source components remain subject to their applicable licences.

For an app downloaded through Apple, the software licence provided with that download also applies. Where Apple supplies its Standard End User Licence Agreement, that agreement governs the software licence; these Terms address your use of the OpenSet service and do not override mandatory app-store rules.

3. Your content and the permission we need

You retain the rights you have in your content. Uploading a workout, photo, post, comment, message, or import file does not transfer ownership to OpenSet. Only upload material you have the necessary rights and permissions to share, including any required permission concerning another person's image or private information.

You give us a limited, non-exclusive, royalty-free licence to host, store, reproduce, transmit, display, and make technical adaptations to your content, such as resizing a photo, solely to provide, maintain, and secure OpenSet and carry out moderation. We may exercise that permission through service providers acting on our behalf under restrictions consistent with those purposes. They do not receive permission from us to use your content for their own advertising or unrelated purposes.

We do not sell your content or use it in advertising. We do not grant others independent commercial reuse rights in it. Personal information remains subject to our Privacy Policy and applicable law; this licence is not permission for unrelated processing.

The licence ends when your content is deleted from our systems, except to the limited extent needed for retained copies and purposes described in our Privacy Policy, including permitted backup and safety records. Shared resources that remain in the service, such as a group description or a custom exercise used by other members, may continue to be used for that shared purpose as described in the Privacy Policy. Contact us about identifying information in those resources. Copies independently retained by recipients are outside our control. These exceptions do not authorize indefinite retention or unrelated reuse.

4. Sharing and prohibited conduct

Review the audience and visibility controls before posting. Sharing to a gym or group can reach people you do not know, and making content available in Discover can expand its audience. Public photo links can be opened by people outside the app. Messages are not end-to-end encrypted. Our Privacy Policy explains these practices and available controls. Other people may keep screenshots or independent copies of content you share.

You must not:

• Harass, bully, threaten, discriminate against, or target another person.
• Post sexual content, nudity, or content that exploits or endangers minors.
• Promote illegal activity or give dangerous training, drug, or supplement advice prohibited by the Community Guidelines.
• Impersonate a person, gym, brand, or OpenSet.
• Send spam, scams, or bulk unsolicited messages.
• Infringe intellectual-property rights or disclose someone else's private information without authorization.
• Evade moderation or access controls, access accounts or data without authorization, or disrupt or overload the service.
• Scrape or bulk-extract service content without permission, or reverse-engineer the app, except where applicable law or an applicable open-source licence permits it.

Report suspected vulnerabilities to support@openset.fit. Contacting us does not authorize access to other users' data, disruptive testing, or bypassing access controls.

5. Moderation, reports, and appeals

We review reports and may remove content or restrict accounts that violate these Terms or the Community Guidelines, threaten safety or service security, or require action under law. Where feasible and lawful, we will explain an account restriction or moderation decision. We may need to act before giving notice to protect people, evidence, or the service.

Report content using the app's reporting controls or email report@openset.fit. We aim to respond to threats or immediate safety risks the same day, and other reports within 24–48 hours. These are operational targets, not guarantees. OpenSet is not an emergency service; contact emergency services when someone is in immediate danger.

If you believe a decision was mistaken, email the same address with enough information to identify the account or content and explain your concern. A human will review the appeal. We may reverse the decision and restore content where technically possible and lawful. Some deleted content cannot be recovered.

For an intellectual-property complaint, identify the work or right involved, the content at issue and where to find it, your contact information, and why you believe the use is unauthorized. Do not include passwords or unnecessary sensitive information.

6. Training information and health

OpenSet is a training log and community, not a medical service. Charts, training observations, goals, estimates, and member content are not medical advice, diagnosis, or treatment. They can be incomplete or inaccurate and do not replace advice from a qualified professional. We do not guarantee fitness or health outcomes.

Exercise carries a risk of injury. Consult an appropriate healthcare professional before starting or changing a programme, especially if you have a medical condition, are pregnant or postpartum, or are recovering from injury. Make training decisions appropriate to your circumstances. Nothing in this section excludes duties or liability that cannot lawfully be excluded.

Member opinions are their own. A post's presence in OpenSet does not mean we endorse its advice or verify its claims.

7. Accounts operated by OpenSet

Some accounts are operated by OpenSet to help start activity in new or quiet communities. Community Starter identifies an account operated by us, not an independent member sharing their own lived training experience. Such accounts may publish automated or simulated workouts, posts, and interactions. Their activity is not evidence that a real person performed that workout or personally acknowledged another member.

Community Starter accounts are identified on their profiles and by a badge on supported community views. We do not authorize undisclosed operator accounts that pretend to be independent members. See our Privacy Policy for more about these accounts. Report an account whose status is unclear to support@openset.fit.

8. Optional subscriptions

OpenSet offers free features and optional paid features. Available plans, included features, billing periods, prices, and any trial or introductory offer are shown before purchase. Purchase options depend on your platform and location.

Subscriptions purchased through an app store are charged to your account with that store and renew automatically for the displayed billing period unless renewal is cancelled. If an offer includes a trial or introductory price, the purchase screen explains its duration and the price that follows. Cancel by the deadline shown in the store's subscription settings to avoid the next renewal.

Manage or cancel renewal through the store where you subscribed: Apple subscription instructions or Google Play subscription instructions. Ordinary cancellation of renewal generally leaves access available until the current paid period ends; refunds, revocations, and some offers may affect that timing. The store shows your subscription status.

Cancellation and a refund are different actions. Refund eligibility and processing depend on applicable law, the store's rules, and the circumstances of the purchase. For Apple purchases, use Apple's refund request process. For Google Play purchases, use the store's refund process or contact us for assistance. Nothing in these Terms removes a refund or remedy required by law. Contact support@openset.fit if you need help.

If a subscription price changes, we or the store will give the required notice and obtain any consent required by applicable law or store rules before charging the new price. Section 10 addresses changes to paid features.

Deleting the app or your OpenSet account does not automatically cancel a store subscription. Cancel renewal separately to stop future charges. Account suspension or termination also does not itself cancel store billing; contact us if you need help managing it.

9. Closing your account and deletion

You can request account deletion in Settings → Delete Account, or contact privacy@openset.fit for help. We may need to verify a request to protect your information. Once completed, account deletion cannot be undone.

Account closure is not instantaneous erasure of every copy. Removal from active systems, uploaded-file cleanup, provider processing, and expiration of backups may occur on different schedules. Some information or shared resources may remain for the limited purposes explained in our Privacy Policy and permitted by law. Recipient screenshots and independent copies may remain outside our systems. These Terms do not extend any legal deletion deadline.

Before deleting your account, cancel any subscription you no longer want through the store where you bought it. Deletion does not itself stop renewal charges.

We may suspend or terminate accounts for serious or repeated violations, safety or security reasons, or legal requirements. You can seek review under section 5. Termination does not remove your applicable privacy rights or any refund or other remedy required by law.

10. Service availability and changes

We take reasonable care in operating OpenSet, but cannot promise uninterrupted access, error-free calculations, or that information will never be lost. Keep your own copy of information that matters to you. We may add, change, or discontinue features.

If we plan to discontinue the service or materially reduce an essential paid feature during a paid period, we will give reasonable advance notice where feasible and explain the available options. Urgent legal or security needs may require earlier action. Options may include continued access through the paid period, an alternative, or a refund or other remedy where required by law or applicable store rules. This provision does not remove rights to remedies when paid services are not supplied as required.

App stores and linked external services have their own terms. A reference to a gym, coach, or other organization does not by itself mean that it endorses or operates OpenSet.

11. Warranties and liability

To the extent permitted by law, OpenSet is provided "as is" and "as available", without implied warranties of merchantability, fitness for a particular purpose, or non-infringement. This does not limit any express commitment in these Terms or any warranty or right that cannot lawfully be excluded.

To the extent permitted by law, M3E Brands LLC is not liable for indirect or consequential losses arising from use of the service, and its total liability under these Terms is limited to the greater of $50 or the amount you paid for OpenSet in the twelve months before the event giving rise to the claim, including purchases through an app store.

These exclusions and limits do not apply to fraud, wilful misconduct, gross negligence, or liability that applicable law does not allow us to exclude or limit. Nothing in these Terms removes mandatory consumer rights or remedies. Where a limit is not permitted, it does not apply to you.

12. Governing law and disputes

Arizona law governs these Terms, except where applicable law requires otherwise. This choice does not deprive you of mandatory protections that apply where you live.

Contact support@openset.fit about a dispute so we can try to resolve it. Contacting us is not a condition that prevents you from exercising legal rights, meeting a filing deadline, or contacting a regulator. These Terms do not impose mandatory arbitration or a class-action waiver.

13. How these documents fit together

If these Terms conflict with the Community Guidelines on a contractual matter, these Terms control. The Guidelines explain our conduct standards. Our Privacy Policy explains our information practices; these Terms do not override it or authorize processing it does not describe. Mandatory law and applicable mandatory app-store requirements take precedence.

If a provision cannot be enforced, the remaining provisions continue to apply to the extent permitted by law. A delay in enforcing a provision does not by itself waive it. Provisions concerning accrued payment obligations, disputes, liability, and the limited surviving content permissions in section 3 continue only to the extent their purpose requires after account closure.

14. Contact

Business mailing address: M3E Brands LLC, 1755 North Pebblecreek Parkway, #1239, Goodyear, AZ 85395.

• Support and billing help: support@openset.fit.
• Reports, appeals, and intellectual-property complaints: report@openset.fit.
• Privacy and deletion requests: privacy@openset.fit.

15. Changes to these Terms

For material changes, we will provide notice in the app or by email before the changes take effect and state their effective date. Where renewed agreement is required by law, we will ask for it. Changes will not retroactively remove accrued rights. If you do not agree to a change, you may stop using OpenSet and close your account, remembering to cancel any store subscription separately. Continued use after a notified effective date constitutes acceptance only to the extent permitted by applicable law.