Choosing Her

Terms of Service

Last Updated: November 3, 2025

These Terms of Service (“Terms”) form a legally binding agreement between you (“you” or “your”) and Olivia Ostrom Fitness Inc., a corporation formed pursuant to the Business Corporations Act, RSA 2000, c B-9 in Alberta, Canada (“Choosing Her,” “we,” “us,” or “our”), governing your access to and use of the Choosing Her mobile application (the “App”), corresponding website, and related content, products, and services.

By creating an account, accessing, or using the App, you agree to these Terms in addition to our Privacy Policy (see https://www.oliviaostrom.com/privacy) and Community Guidelines (see https://choosingher.com/community), which are incorporated by reference as may be updated from time to time.

IMPORTANT NOTICE: THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THEM CAREFULLY BEFORE USING THE APP.

Acceptance and Consideration

Your access to and use of the App — whether as a paid subscriber, through a free trial, promotional offer, beta test, or where your access was paid for by another person — constitutes valid and sufficient consideration for your acceptance of these Terms. These Terms apply to all users regardless of payment status.

Your use of the App may also be subject to the Apple Media Services Terms and Conditions (see https://www.apple.com/legal/internet-services/itunes), the Google Play Terms of Service (see https://play.google.com/about/play-terms/), and any applicable app-store policies depending on the device you use to access our App.

If you are using the App on behalf of, or in the employ of, an organization (including a corporation, partnership, trust, institution, or other legal entity), you represent and warrant that you have full authority to bind that organization to these Terms. In such a case, all references to “you” and “your” in these Terms shall include both you as an individual and that organization. For clarity, both you personally and the organization you represent are legally bound by these Terms, which form an agreement between each of you and Olivia Ostrom Fitness Inc.

Amendments

As the Choosing Her App continues to evolve, we may, from time to time, revise these Terms or our related policies by updating this page or the page hosting the relevant policy. The date of the most recent version of these Terms is posted above.

We will provide notice of any material amendments to you by email or by displaying a notice within the App before such amendments take effect.

If you continue to access or use the App after your then-current subscription period expires (including where your subscription renews, whether automatically or by manual renewal), you will be deemed to have accepted and agreed to the amended Terms.

If you do not agree to the amended Terms, you must cancel your subscription before the end of your current subscription period and discontinue use of the App once that period expires. You are responsible for reviewing the current version of these Terms and our related policies from time to time to stay informed of any changes.

Eligibility and Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the App. You agree to provide accurate, current information and to maintain the confidentiality of your login credentials. You are responsible for all activity under your account.

You may not share your account or allow others to use it. Accounts are personal and non-transferable. To protect the integrity of the App and enforce these Terms, we may use reasonable technical measures to detect account sharing or misuse. These measures may include monitoring login frequency, device identifiers (such as IP addresses or MAC addresses), and related usage data. Any such information will be collected and used in accordance with our Privacy Policy.

The App is not directed to children under 18 years old. We do not knowingly collect personal data from minors.

Subscriptions

The main features of the App require a paid subscription (“Subscription”). Subscription fees, billing cycles, Subscription duration, promotional terms, discounts, currency, and applicable taxes are displayed in the App and may vary by region (depending on where you are located and which App Store you are accessing the App from) (“Payment Terms”). The Payment Terms are an invitation to treat and subject to our approval, availability and, even in the event of automated acceptance, may be subsequently declined.

Unless cancelled, your Subscription will automatically renew for the same duration and at the same plan level as your then-current Subscription term (for example, monthly or annually) at the prevailing rate in effect at the time of renewal, plus any applicable taxes or other charges that may apply at that time.

If your Subscription begins with a free trial, the paid Subscription period will begin automatically at the end of the free-trial period unless you cancel at least twenty-four (24) hours before the trial ends. Thereafter, your Subscription will automatically renew at the end of each billing period unless cancelled at least twenty-four (24) hours before the renewal date.

The current prevailing rates will be displayed within the App, and it is your responsibility to review those rates and any applicable taxes or fees prior to your Subscription renewing.

You can manage or cancel your Subscription at any time through your account settings, but you must cancel at least twenty-four (24) hours before the end of your current billing period to avoid renewal and further charges.

We may change the price of your Subscription, applicable taxes, or other fees from time to time. Any price or fee changes will take effect upon renewal of your Subscription and will be communicated to you in advance where required by applicable law or by the applicable app store’s policies.

All payments are non-refundable, including in connection with automatic renewals, unused portions of a Subscription term, or any other partial periods unless required by applicable law or by the applicable app store’s refund policy.

Free Trials 

If you participate in a free trial, access is temporary (for the period displayed in the App) and subject to these Terms. Unless you cancel at least twenty-four (24) hours before the trial ends, your Subscription will automatically convert to a paid plan at the then-current rate, and you agree to pay all applicable fees for your Subscription upon such conversion.

Beta Access

We may also permit certain users beta access for testing purposes or to access pre-release features. Any beta access or participation is voluntary and provided “as is.”

All beta users and testers remain fully subject to these Terms, including without limitation the Limitation of Liability, Disclaimer of Warranties, and all other provisions and disclaimers contained herein.

Payments and Refunds

All payments are processed by Apple, Google, or Stripe, depending on where you purchased your Subscription. We do not store full payment details (see our Privacy Policy for more information). 

All renewals and cancellations are managed through the platform used to purchase your Subscription (e.g., Apple App Store, Google Play Store, or Stripe). To avoid being charged for the next billing period, you must cancel your Subscription at least twenty-four (24) hours before the end of the current billing cycle or free-trial period.

Prices may change from time to time with notice to you as required by applicable law or by the relevant app store’s policies. All sales are final, except as required by applicable law or by the applicable app store’s refund policy.

Permitted Use and User Obligations

The App is provided for your personal, non-commercial use only. You agree not to:

  • copy, distribute, sell, or publicly display App content;
  • modify, reverse engineer, or decompile the App;
  • use bots, scrapers, or automation to access data, information, images or files;
  • circumvent security or access controls;
  • upload or share unlawful, infringing, or harmful content; or
  • violate any applicable laws or third-party rights.

You further agree not use the App for any unlawful or fraudulent purpose, to harvest personal data, to impersonate another person, or to interfere with or disrupt our systems.

Community Features and User Content

Your account on the App may permit you to post reflections, check-ins, and other content (“User Content”). By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide licence to host, display, reproduce, and use that content to operate and promote the App.

In addition to our Community Guidelines, you agree not to submit or upload any content that is illegal, abusive, defamatory, harassing, hateful, or infringes another’s rights (including but not limited to their intellectual property rights). We may monitor, edit, or remove content in our sole and absolute discretion, including where we reasonably determine the User Content violates these Terms, or any document or policy incorporated by reference herein or on the App. 

We may also suspend or remove accounts which we reasonably determine to have breached these Terms, our Community Guidelines, or any other document or policy incorporated by reference. 

Copyright Complaints and Takedown Procedure

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content available in or through the App infringes your copyright or other intellectual property rights, please send a written notice to our designated contact at hello@choosingher.com that includes the following information:

  1. Identification of the copyrighted work or other intellectual property right that you claim has been infringed;
  2. Identification of the material you claim is infringing, including a description of where it is located in the App so that we can locate it;
  3. Your contact information, including your full name, mailing address, telephone number, and email address;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in your notice is accurate, that you are the copyright or intellectual property owner or are authorized to act on behalf of such owner (we may also require you make a statutory declaration in connection with the foregoing); and
  6. Your physical or electronic signature.

Upon receipt of a valid notice, we will review the claim and take whatever action we deem appropriate under applicable law, which may include removing or disabling access to the allegedly infringing material and, where necessary, terminating repeat infringers. If material is removed or disabled, we may notify the user who posted it and provide them an opportunity to submit a counter-notification if they believe the material was removed in error. Please note that knowingly submitting false claims of infringement may result in liability for damages or legal costs.

Third-Party Services and APIs

The App may use or link to third-party services or SDKs (e.g., analytics, cloud storage, push notifications, or health APIs). Future versions of the App may also integrate with Apple Health, Google Fit, or similar third-party health and activity platforms. If you choose to activate or connect these features, you consent to the sharing of certain data (such as activity, movement, or health-related metrics) between the App and the applicable third-party service in accordance with your device permissions and that third party’s privacy policy. Each third party’s own terms and privacy policies apply. We are not responsible for any third-party actions, data practices, or service outages.

Privacy and Data Use

Our Privacy Policy, which is available on our website and linked in the App, explains how we collect, use, and share personal information, including data from subscriptions, analytics, and community features. It also explains your rights to access, correction and deletion and our practices regarding retention. By using the App, you consent to those practices.

Intellectual Property

All content and materials in, and underlying, the App — including workouts, videos, text, graphics, logos, and software code — are owned by Olivia Ostrom Fitness Inc. or its licensors and are protected by copyright and other intellectual property laws. We grant you two limited licences, each of which is conditional upon your compliance with these Terms and all other documents and policies incorporated by reference:

  1. Account Access Licence – a limited, non-exclusive, non-transferable, revocable licence to create and maintain an account and to access the App’s basic features and any content made available to all registered users; and
  2. Subscription Access Licence – a limited, non-exclusive, non-transferable, revocable licence to access and use subscriber-only content made available to you within your account for the duration of your active Subscription period, whether that access is granted on a paid, promotional, or free-trial basis.

Both licences are conditional and may be suspended or revoked immediately if you breach these Terms, our Privacy Policy, Community Guidelines, or any other applicable policy or agreement with us.

No rights are granted to copy, reproduce, distribute, publicly display, create derivative works from, or otherwise exploit any portion of the App or its content without our express written consent.

Feedback

If you provide comments, ideas, or suggestions regarding the App or our services (“Feedback”), you agree that we may use and exploit such Feedback without restriction or compensation, and that all intellectual-property rights in the Feedback automatically vest in us upon submission.

Content and Feature Modifications 

We may modify, update, or discontinue any features, functionality, or content within the App at any time, with or without notice. You acknowledge and agree that the specific workouts, routines, videos, or other materials available within the App may change from time to time, and that certain content may be added, modified, or removed at our discretion. Your Subscription provides access to the App and to whatever content is made available on an ongoing basis, rather than access to any particular workout, routine, or program. We are not responsible for any loss, dissatisfaction, or inconvenience caused by the removal, modification, or unavailability of any specific content, features, or materials.

Personality Rights

The name, image, likeness, voice, and other personality traits of Olivia Ostrom and any other coaches, trainers, or contributors featured in the App are the personal property of those individuals and are protected by applicable laws, including copyright, trademark, and personality rights laws. You are not granted any rights to use, reproduce, distribute, publicly display, or otherwise exploit any such image, likeness, voice, or name. Any unauthorized use of personality rights, likenesses, or representations may result in immediate termination of your account and may give rise to civil or criminal liability.

Termination and Suspension

We may, in our sole discretion, suspend your Subscription or terminate your access if you (or a third party accessing your account contrary to these Terms):

  • breach these Terms or our policies;
  • fail to pay Subscription fees (or there is a chargeback in relation to fees paid); or
  • engage in unlawful activity.

Upon termination, your licence ends and access to content ceases.

You may cancel your Subscription at any time through the App. Cancellation stops future auto-renewals but does not entitle you to any refund or credit for fees already paid, including for partially used Subscription periods, unless required by applicable law or the app store’s refund policy. Your Subscription will continue to renew automatically in accordance with these Terms until cancelled.

If you wish to permanently close your account (including deletion of your profile and login credentials), you may contact us at hello@choosingher.com. Account deletion is separate from Subscription cancellation and, once processed, will permanently disable your ability to log in or access the App.

Disclaimer of Warranties and Health, Fitness, and Medical Disclaimer

The App and all related content, features, and services are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permitted by law, Olivia Ostrom Fitness Inc., and their respective directors, officers, shareholders, employees, contractors, coaches (including Olivia Ostrom), licensors, suppliers, partners, and affiliated and related entities (collectively, the “Released Parties”) make no representations, conditions, or warranties of any kind, whether express, implied, or statutory, including but not limited to:

  • implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, or availability;
  • any warranty that the App, its servers, or content will be uninterrupted, error-free, secure, or free from viruses or other harmful components; or
  • any warranty that the workouts, programs, or advice made available through the App will achieve specific fitness, health, or performance results.

You acknowledge and agree that your use of the App, including all workouts, routines, and other materials, products, services, and information provided through it, is entirely at your own risk and based on your own judgment and discretion.

The App and its contents are provided for general informational and educational purposes only and are not a substitute for medical, physiotherapy, chiropractic, or nutritional advice. The App’s content is not intended to diagnose, treat, cure, or prevent any medical condition.

Before beginning or modifying any exercise, nutrition, or wellness program — particularly if you are pregnant, postpartum, have an injury or medical condition, or are under medical supervision — you should consult a qualified healthcare professional to ensure that such activities are safe and appropriate for you.

To the fullest extent permitted by law, the Released Parties disclaim all responsibility and liability for:

  • any injury, illness, or adverse physical reaction you may suffer arising from your participation in any activity offered through the App;
  • any errors, omissions, interruptions, or delays in the App’s operation;
  • any loss of data or unauthorized access to your information; and
  • any acts or omissions of other users, third-party service providers, or linked applications (including, without limitation, Apple Health, Google Fit, or other integrated APIs).

You assume full responsibility for your participation in all workouts and programs and for your reliance on any information obtained through the App.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Olivia Ostrom Fitness Inc., and all other Released Parties will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to, those arising in connection with:

  • lost profits, lost revenue, or loss of anticipated savings;
  • loss of data, loss of personal information, loss of goodwill;
  • business interruption or downtime;
  • the cost of substitute goods, services, or technology;
  • damages arising from your reliance on our content, programs, or recommendations; or
  • any claim related to user content, community interactions, or third-party services.

These exclusions apply whether the claim arises in contract, tort (including negligence), strict liability, or otherwise, even if the Released Parties have been advised of the possibility of such damages.

In addition to the limits on liability, above, the total aggregate liability of the Released Parties for all other damages or losses and other claims arising out of or in connection with your use of (or inability to use) our websites, App, products, or services shall not exceed the greater of (i) fifty Canadian dollars (CAD $50.00); or (ii) the total amount actually paid by you for your Subscription during the one (1) year period immediately preceding the event(s) giving rise to the claim. If you have not paid any fees, the maximum aggregate liability of the Released Parties shall be limited to CAD $50.00. The existence of multiple claims, actions, or causes of action will not increase this overall aggregate limit.

Nothing in this clause limits or excludes any liability that cannot lawfully be limited or excluded, including for example, liability for:

  • willful misconduct or fraud; or
  • misappropriation of intellectual property rights.

Basis and Allocation of Risk

YOU AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVIDED HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US, AND THAT WE WOULD NOT GRANT YOU THE LICENCES HEREIN, OR PERMIT ACCESS TO THE APP OR OUR CONTENT, WITHOUT THE RESTRICTIONS AND LIMITATIONS ON LIABILITY.

IN JURISDICTIONS WHERE APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree that any provision of these Terms that limits liability, releases, holds harmless, or indemnifies any person or entity who is not a direct party to these Terms (including, without limitation, Olivia Ostrom, and any of the Released Parties is made expressly for the benefit of each such individual and Released Party. You further agree that Olivia Ostrom Fitness Inc. accepts and holds the benefit of such covenants and obligations as agent and trustee for each Released Party and may enforce them on behalf of any such person or entity. All such covenants and obligations are independent, continuing obligations that survive termination or expiry of these Terms.

Third-Party Service Providers and Contractors

We may engage independent contractors and third-party providers to operate or support portions of the App and its underlying infrastructure, including, without limitation, hosting services, payment processing, data storage, analytics, and software development.

To the fullest extent permitted by law, we are not liable for, and you agree not to hold us liable for, any acts, omissions, or negligence of such contractors or third-party providers, including where their actions or failures cause you any damage, injury, or loss.

Indemnification

You agree to indemnify and hold harmless the Released Parties from any claims, losses, liabilities, or expenses (including legal fees) arising from:

your breach of these Terms or any policy incorporated by reference;
your violation of law or third-party rights; or
your breach of any law, rule or regulation.

We may enforce this clause as trustee for the other Released Parties.

Governing Law and Jurisdiction

These Terms and your relationship with us are governed by the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You agree to the exclusive jurisdiction of the courts of Alberta, Canada to resolve any dispute arising from or relating to these Terms.

If you are a consumer residing in a jurisdiction that provides you with mandatory rights that cannot be waived by contract (such as certain consumer protection or data privacy rights), this choice of law does not limit or exclude those protections, and such mandatory rights shall continue to apply to you.

Assignment and Binding Effect

We may assign or transfer these Terms, in whole or in part, without prior notice to you, including in connection with any merger, acquisition, reorganization, or sale of all or substantially all of our assets. You may not assign these Terms or your rights without our prior written consent. These Terms bind and benefit both parties and their respective successors and permitted assigns.

Notices and Communications

We may provide notices in connection with these Terms by email, in-App message, and/or posting within the App. You agree that electronic communications satisfy any legal notice requirements and that it is your responsibility to keep the email address associated with your account current, to regularly check that email account, and to monitor in-App notifications for updates or notices. Aside from terminating a Subscription in accordance with these Terms (which is done in the App or applicable app store), you may contact us at hello@oliviaostrom.com with questions.

No Endorsement of Linked Sites or Content

Links to third-party websites or resources are provided for convenience only. We do not endorse and are not responsible for the content, products, or services on or available from those sites or resources. You access and use those links and any corresponding products and services at your own risk. 

Affiliate Links

From time to time, the App or related communications (including emails, social media, or blog posts) may include links to third-party products, services, or websites that we believe may be of interest to our users. Some of these links may be affiliate or referral links, meaning that Olivia Ostrom Fitness Inc. or related parties, may receive a commission, credit, or other benefit if you make a purchase or sign up through those links.
We only include affiliate or referral links for products or services we believe align with our values and may benefit our users; however, we are not responsible for any third-party products, services, or websites and do not guarantee their quality, safety, or suitability.

Your interactions with third-party sites, products, or services (including any transactions you enter into) are solely between you and the applicable third party and are subject to that third party’s terms and privacy policy.

Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including internet, server, or hosting failures, strikes, war, natural disasters, or governmental action.

Entire Agreement

These Terms, together with our Privacy Policy, Community Guidelines, and any other policies or supplemental terms expressly incorporated by reference, constitute the entire agreement between you and Olivia Ostrom Fitness Inc. with respect to your access to and use of our websites, App, products, and services. These Terms supersede all prior or contemporaneous understandings, communications, representations, or agreements, whether written or oral, relating to its subject matter.

Severability

If any part of these Terms is held invalid, the remainder remains enforceable.

Waiver 

Failure to enforce a provision is not a waiver of future enforcement.

Waiver of Class Actions and Jury Trial

To the maximum extent permitted by law, you waive any right (i) to participate in a class, collective, consolidated, or representative proceeding against us or any Released Party; and (ii) to a trial by jury in any proceeding arising out of or relating to these Terms or the App.

Headings

Section titles are for convenience only and do not affect interpretation.

No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions.

Injunctive Relief

You acknowledge that any breach or threatened breach of these Terms may cause us irreparable harm for which monetary damages would be inadequate. Accordingly, we shall be entitled to seek immediate equitable relief, including temporary, preliminary, or permanent injunctions or specific performance, without any obligation to post bond, security, or prove actual damages, in addition to any other remedies available at law or in equity.

Survival

Any provision which by its nature should survive termination— including the disclaimers, limitation of liability, indemnification, governing law, and dispute resolution provisions— shall survive termination or expiration of these Terms.

Independent Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us. 

New Features

Any new features, updates, tools, or content released through the App shall be subject to these Terms unless expressly stated otherwise by us.

Contact
Olivia Ostrom Fitness Inc.
Email: hello@choosingher.com