Terms of Service

Last updated May 11, 2026

THESE TERMS CREATE A BINDING CONTRACT BETWEEN YOU AND DO IT OR ELSE LLC.

IMPORTANT: These Terms contain a mandatory arbitration provision that requires disputes to be resolved through individual arbitration rather than court proceedings or class actions, except where prohibited by law.

1. Acceptance and Eligibility

1.1 Agreement to Terms. By downloading, installing, accessing, or using the DO IT OR ELSE. mobile application or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and DO IT OR ELSE LLC, a New Jersey limited liability company ("DO IT OR ELSE," "we," "us," or "our").

1.2 Age Requirements. You must be at least 13 years old to use the Services. If you are under 13, you may not download or use the app. We do not knowingly collect personal information from children under 13.

1.3 Legal Capacity. You represent and warrant that: (a) you have the legal capacity and authority to enter into this agreement under the laws of your jurisdiction; (b) you are not prohibited from using the Services under any applicable law; and (c) all information you provide is accurate and complete.

2. Data Storage

2.1 Your data, including Lock configurations, Key progress, session history, and usage data, is stored on your device and may be synced across your devices through Apple's iCloud service under your Apple ID. We do not have access to your iCloud data. Your use of iCloud is governed by Apple's terms and privacy policy.

2.2 Service Availability. We reserve the right to modify, suspend, or discontinue any aspect of the Services with reasonable notice where practicable. The Services depend on Apple's Screen Time APIs, which may change, become unavailable, or behave differently across iOS versions without our control.

3. Health and Fitness Data

3.1 HealthKit Integration. Certain Keys use Apple HealthKit to read fitness data (steps, distance, calories, workouts, activity rings) and to write workout records. By enabling these Keys, you authorize the app to access the HealthKit data categories you approve in the iOS Health permissions prompt.

3.2 On-Device Only. Health data accessed through HealthKit is used solely to determine whether you have completed a Key. This data is processed entirely on your device and is never transmitted to us or any third party. We do not sell, share, or monetize your health data in any way. Use of HealthKit data complies with Apple's HealthKit guidelines.

3.3 Not Medical Advice. The Services are not a medical device. The app does not provide medical advice, diagnosis, or treatment. Do not rely on the app for any health-related decisions. Consult a qualified healthcare provider before beginning any exercise program. Fitness data displayed within the app is sourced from HealthKit and may not be accurate or complete.

4. Prohibited Uses

4.1 Technical Violations. You agree not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the app, except to the extent that such restriction is expressly prohibited by applicable law.
• Circumvent, disable, or otherwise interfere with the app's blocking mechanisms, security features, or any features that prevent or restrict use of the Services.
• Modify, adapt, or create derivative works based on the app.
• Remove or modify any copyright, trademark, or other proprietary notices in the app.

4.2 Misuse. You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws.
• Use the Services to restrict another person's access to their device without their informed consent.
• Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the app to any third party.
• Use the Services for any commercial purpose without our express written authorization.
• Use the app in any way that could interfere with, disrupt, or impose an undue burden on our infrastructure (to the extent any network communication occurs, such as app updates).

4.3 Enforcement. We reserve the right to investigate and take appropriate action against users who violate these prohibited use provisions, including terminating access to the Services and/or reporting violations to law enforcement authorities.

5. Subscriptions and Payments

5.1 Free and Premium Tiers. The app offers a free tier with core functionality and optional premium features available through a paid subscription ("DO IT OR ELSE Pro" or similar designation).

5.2 Apple In-App Purchase. All subscriptions are purchased and processed through Apple's App Store as in-app purchases. By subscribing, you authorize Apple to charge your Apple ID account. We do not collect, process, or store your payment information.

5.3 Auto-Renewal. Subscriptions automatically renew unless you turn off auto-renewal at least 24 hours before the end of the current billing period. You can manage or cancel your subscription at any time in your iPhone's Settings > Apple ID > Subscriptions.

5.4 Refunds. Because all payments are processed by Apple, refund requests must be directed to Apple. We do not have the ability to process refunds directly. You can request a refund through Apple's "Report a Problem" page or by contacting Apple Support.

5.5 Price Changes. We reserve the right to change subscription pricing. Apple will notify you of any price changes, and the new price will take effect at the start of your next billing period. You will have the opportunity to accept or decline the new pricing before being charged.

5.6 Free Tier Changes. Features available in the free tier may change over time as we develop the product. We will make reasonable efforts to notify users of significant changes to free-tier availability.

6. License and App Store Terms

6.1 License Grant. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the app on iPhone devices you own or control for personal, non-commercial use only.

6.2 Automatic Updates. You acknowledge and consent that we may from time to time issue updated versions of the app, and the app may automatically update on your device. You consent to such automatic updating and agree that these Terms will apply to all such updates. You may disable automatic updates through your device settings, but doing so may impair functionality or create security vulnerabilities.

6.3 App Store Terms and Third-Party Beneficiaries. When you download the app from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and DO IT OR ELSE LLC, not Apple. We, not Apple, are solely responsible for the app and its content.
• Apple has no obligation to provide maintenance or support for the app.
• Apple is not responsible for addressing any claims relating to the app, including product liability claims, consumer protection claims, or intellectual property infringement claims.
• In the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• In the event of any third-party claim that the app infringes a third party's intellectual property rights, DO IT OR ELSE LLC, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right to enforce these Terms against you as a third-party beneficiary.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must also comply with the Apple App Store's terms of service when using the app.

6.4 Ownership and Reservation of Rights. The license granted in this section is not a sale of the app or any copy thereof. We retain all right, title, and interest in the app, including all intellectual property rights. We reserve all rights not expressly granted under these Terms.

6.5 License Termination. This license terminates automatically if you violate any provision of these Terms. Upon termination, you must cease all use of the app and delete all copies from your devices.

7. Intellectual Property

7.1 Our Proprietary Rights. All intellectual property rights in and to the Services, including the app's design, code, user interface, graphics, animations, and content (collectively, "Company Content"), are and shall remain the exclusive property of DO IT OR ELSE LLC. This includes the overall look and feel of the app.

7.2 Trademarks. "DO IT OR ELSE" and the DO IT OR ELSE logo are trademarks of DO IT OR ELSE LLC. You may not use our trademarks, logos, or trade names without our express written permission.

7.3 Restrictions. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content.

7.4 Feedback. If you submit feedback, suggestions, ideas, or recommendations about the Services, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and distribute such feedback for any purpose without compensation or obligation to you.

7.5 Survival. All intellectual property rights and restrictions set forth in this section survive termination of these Terms.

8. Privacy

8.1 Privacy Policy. Our collection, use, and handling of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understood our Privacy Policy.

8.2 Your Data. We do not collect, transmit, or store your personal data on our own servers. Your Lock configurations, Key progress, usage statistics, session history, and health data are stored on your device and may be synced across your devices through Apple's iCloud under your Apple ID. We do not have access to your iCloud data.

9. Disclaimers and Warranties

9.1 Consumer Rights Preservation. If the law of the jurisdiction where you live does not allow for the disclaimer of certain warranties provided in this section, those disclaimers shall not apply to you to the extent prohibited. This agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.

9.2 "As Is" and "As Available." THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 No Guarantee of Functionality. We do not warrant that:

• The Services will be uninterrupted, error-free, or secure.
• Any defects or errors in the software will be corrected.
• The Services will achieve any particular result related to productivity, screen time reduction, or behavioral change.
• App-blocking or unlocking functionality will work correctly under all conditions or iOS versions.
• Health or fitness data read from HealthKit will be accurate or complete.
• The app will be compatible with all iPhone models or future iOS versions.

9.4 Platform Dependencies. The Services depend on Apple's Screen Time APIs, HealthKit, and other iOS frameworks that are beyond our control. Changes to iOS, device hardware, or Apple's policies may affect the functionality of the Services without our ability to prevent or remedy such changes.

9.5 No Professional Advice. The Services are designed for personal productivity and digital wellness purposes only. Information provided through the Services is not professional, medical, psychological, or therapeutic advice.

10. Limitation of Liability

10.1 Consumer Rights Preservation. If the law of the jurisdiction where you live does not allow for the limitation of certain liabilities provided in this section, those limitations shall not apply to you to the extent prohibited. Nothing in this agreement is intended to exclude or limit our liability for: (i) death or personal injury caused by our gross negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be validly excluded or limited by law.

10.2 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DO IT OR ELSE LLC, ITS OWNER, AFFILIATES, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. This includes but is not limited to damages arising from:

• Errors, omissions, or inaccuracies in the Services, including app-blocking functionality or usage data
• Personal injury or property damage resulting from your use of the Services, except to the extent caused by our gross negligence
• Missed communications, notifications, or opportunities due to apps being blocked during an active Lock session
• Any interruption or cessation of the Services
• Any bugs, viruses, or similar issues that may be transmitted through the Services by any third party
• Failure of Keys to register completion (for example, HealthKit data not syncing, NFC scan not registering, or location not detected)
• Actions or inactions of Apple, including changes to Screen Time APIs, HealthKit, or iOS that affect the Services

10.3 Liability Cap. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.

10.4 Time Limitation for Claims. Unless prohibited by applicable law, all legal actions arising with respect to the Services must be commenced within one (1) year from the date of the event giving rise to such action.

10.5 Force Majeure. We shall not be liable for any failure or delay in performance due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, labor strike, pandemic, government action, or other events beyond our reasonable control.

10.6 Survival. The limitations of liability set forth in this section survive termination of these Terms.

11. Indemnification

11.1 Geographic Scope. This section does not apply to consumers who are resident in the UK, EU, EEA, or any other jurisdiction where indemnification provisions are not allowable under applicable law.

11.2 Your Obligations. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless DO IT OR ELSE LLC, its owner, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable law, rule, or regulation
• Any other party's access and use of the Services on your device
• Your misuse of the app, including using it to restrict another person's device access without consent

11.3 Limitations on Indemnification. Your indemnification obligations shall not apply to the extent that any claim results from: (i) our gross negligence or willful misconduct; (ii) our material breach of these Terms or our Privacy Policy; or (iii) our violation of applicable law in providing the Services.

11.4 Survival. The indemnification obligations set forth in this section survive termination of these Terms.

12. Dispute Resolution

12.1 Governing Law. These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of laws principles.

12.2 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution. Before initiating any legal proceeding, including arbitration, small claims court, or litigation, you must first send written notice of your claim to DO IT OR ELSE LLC at support@doitorelse.app. Similarly, we will send any pre-arbitration notice to the email address associated with your App Store account or otherwise known to us. The notice must include:

• Claimant Information: Your name, address, and email address
• Claim Description: A detailed description of the nature and basis of the claim
• Relevant Facts: All relevant facts giving rise to the nature and basis of the claim
• Relief Sought: A description of the specific relief sought, including any damages claimed and a detailed calculation thereof
• Personal Verification: A personally signed statement from you (not solely from counsel) verifying the accuracy of the notice contents

12.3 Good Faith Resolution Period. After receipt of a completed pre-arbitration notice, both parties shall engage in a good-faith effort to resolve the claim for a period of sixty (60) days, which may be extended by mutual agreement. During this period, either party may request an individualized video settlement conference, and both parties agree to personally attend such conference (with counsel invited to attend if represented). If informal resolution fails after the 60-day period, either party may proceed with arbitration or other permitted legal action.

12.4 Binding Arbitration. Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved through the informal dispute resolution process shall be resolved through final and binding arbitration rather than in court. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12.5 Arbitration Procedures and Location. The seat of arbitration shall be Ocean County, New Jersey, United States. For claims seeking $15,000 or less, the arbitration hearing may be conducted via videoconference at the option of either party. For larger claims, the hearing will take place in Ocean County, New Jersey, unless both parties agree to an alternative location. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

12.6 Arbitration Fees and Costs. The payment of arbitration fees will be governed by the AAA Commercial Arbitration Rules. Each party shall bear their own attorney fees and costs unless the arbitrator awards sanctions or finds that a claim or defense was frivolous or brought for an improper purpose.

12.7 Class Action and Jury Trial Waiver. You and DO IT OR ELSE agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. This means that neither you nor DO IT OR ELSE may bring a claim on behalf of a class or group, and neither party may participate in any class action, collective proceeding, or representative action brought by any third party. To the fullest extent permitted by law, you and DO IT OR ELSE waive any right to a jury trial.

12.8 Arbitration Opt-Out Right. You may opt out of the arbitration requirements of this Section 12 by sending written notice of your decision to opt out to support@doitorelse.app within thirty (30) days of first agreeing to these Terms. Your opt-out notice must include: (i) your name; (ii) your contact information including email address, mailing address, and telephone number; and (iii) a clear statement that you wish to opt out of arbitration requirements. If you do not timely send such notice, you agree to be bound by the arbitration requirements.

12.9 Mass Filing Procedures. If 25 or more claimants submit pre-arbitration notices or seek to file arbitration demands raising similar claims, the following staged procedures shall apply:

• Stage One: Counsel for each side shall select 10 claims (20 total) to proceed in individual arbitrations with different arbitrators;
• Stage Two: After Stage One completion, remaining parties must engage in global mediation of all remaining claims;
• Stage Three: If mediation fails to resolve remaining claims, the arbitration requirement no longer applies to unresolved claims, which may proceed in court individually or as consolidated actions.

12.10 Exceptions to Arbitration. Notwithstanding the arbitration requirement, either party may: (i) seek injunctive or other equitable relief in court for intellectual property claims or to prevent irreparable harm; (ii) bring claims in small claims court if the court does not permit class or representative actions; and (iii) seek emergency relief pending completion of pre-arbitration procedures if necessary to prevent irreparable harm.

12.11 Confidentiality. Upon either party's request, the arbitrator will issue an order requiring that confidential information disclosed during arbitration may not be used or disclosed except in connection with the arbitration or enforcement proceedings.

12.12 Severability of Arbitration Provisions. If any portion of this Section 12 is found unenforceable, the unenforceable provision shall be severed without affecting the remainder of the arbitration provisions or the parties' ability to compel arbitration of remaining claims on an individual basis.

12.13 Survival. This Section 12 shall survive termination of these Terms and continue to apply to all claims arising from or related to your use of the Services.

13. Termination

13.1 Termination by Us. We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice, including if you breach any provision of these Terms.

13.2 Termination by You. You may stop using the Services at any time by deleting the app from your device.

13.3 Effect of Termination. Upon termination: (i) your right to use the Services ceases immediately; (ii) your license to use the app is revoked; and (iii) all app-blocking functionality will cease. Sections 4 (Prohibited Uses), 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 12 (Dispute Resolution) survive termination.

14. General Provisions

14.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and DO IT OR ELSE LLC regarding the Services and supersede all prior or contemporaneous understandings or agreements.

14.2 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

14.3 No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may freely assign these Terms without restriction. Any unauthorized assignment by you is null and void.

14.5 Modifications. We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the "Last updated" date above and, where practicable, through the App Store update notes or other reasonable means. Your continued use of the Services after updated Terms take effect constitutes your acceptance of the changes.

15. Contact

Questions about these Terms or the Services:

DO IT OR ELSE LLC
Toms River, NJ
support@doitorelse.app