Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Mighty Creamery, LLC ("Company," "we," "us," or "our") governing your use of the yolk.day service ("Service").

By accessing, signing up for, or using the Service, you agree to these Terms and our Privacy Policy (incorporated by reference). If you don't agree, don't use the Service.

Key Definitions:

• "Service": The yolk.day SMS fitness coaching platform, including all features and content
• "User," "you": Any person accessing or using the Service
• "Content": All text, images, workouts, and other materials available through the Service
• "AI Content": Content generated by artificial intelligence models

2. Eligibility Requirements

To use yolk.day, you must:

• Be at least 18 years old
• Have legal capacity to enter binding contracts
• Own or have authorization to use the phone number provided
• Be physically capable of exercise (consult your physician)
• Not be barred from using the Service under applicable law
• Reside in a supported jurisdiction (currently United States)

Age Verification: By using the Service, you represent and warrant that you meet all eligibility requirements. We may request age verification at any time.

3. Health and Medical Disclaimers

NOT MEDICAL ADVICE

IMPORTANT WARNING: THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE

All content, including workouts, nutrition information, and recommendations, is for informational and educational purposes only and is NOT:

• Medical advice or diagnosis
• Treatment for any condition
• Substitute for professional healthcare
• Personalized medical assessment
• Suitable for everyone

Consult Healthcare Providers

Before using the Service, you MUST consult your physician if you:

• Have any medical conditions or injuries
• Take any medications
• Are pregnant or nursing
• Have cardiovascular, respiratory, or metabolic conditions
• Have musculoskeletal problems
• Are new to exercise
• Have any health concerns whatsoever

Assumption of Risk

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:

1. Physical exercise involves inherent risks, including but not limited to:
   • Muscle strains and tears
   • Joint injuries
   • Cardiovascular events
   • Falls and impact injuries
   • In extreme cases, permanent disability or death
2. You voluntarily assume ALL risks associated with:
   • Following workout recommendations
   • Attempting exercises
   • Using nutrition information
   • Making dietary changes
3. You are solely responsible for:
   • Assessing your physical capability
   • Modifying or skipping unsafe exercises
   • Stopping if you experience pain or discomfort
   • Seeking medical attention when needed

4. Subscription and Payment Terms

Subscription Model

• Service offered on recurring subscription basis
• Current pricing available at yolk.day/pricing
• Multiple tiers may be available
• Prices subject to change (see Section 6.5)
• All amounts in U.S. dollars unless otherwise specified

Billing and Auto-Renewal

• Auto-renewal: Subscriptions automatically renew unless cancelled
• Billing cycle: As specified at signup (typically monthly)
• Payment methods: As available through our payment processor(s)
• Authorization: You authorize recurring charges
• Failed payments: Service may be suspended after reasonable attempts

5. SMS/MMS Terms (TCPA Compliance)

Express Consent

By providing your phone number, you expressly consent to receive:

• Automated SMS and MMS messages
• Service messages (workouts, reminders)
• Transactional notifications
• Marketing messages (with separate opt-in)
• Up to 3 messages per day (typical)

Opt-Out Rights

You can opt out anytime:

• Text STOP: Immediately stops all messages
• Text HELP: Receives support information
• Text PAUSE [days]: Temporary suspension
• Account settings: Manage preferences online

6. AI-Generated Content Disclaimers

AI Technology Notice

The Service uses artificial intelligence to provide features such as:

• Personalized workout generation
• Nutrition analysis and estimates
• Meal planning and recipes
• Coaching and motivational messages
• Other AI-powered features as we develop them

Critical AI Limitations

NO GUARANTEE OF ACCURACY: AI-generated content:

• May contain significant errors or inaccuracies
• Cannot account for individual health conditions
• May provide inappropriate recommendations
• Is not reviewed by fitness professionals
• Should not be solely relied upon

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
• SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOST PROFITS, REVENUE, OR DATA
• BUSINESS INTERRUPTION
• PERSONAL INJURY OR PROPERTY DAMAGE
• EMOTIONAL DISTRESS
• DAMAGES EXCEEDING FEES PAID IN PAST 3 MONTHS

8. Dispute Resolution and Arbitration

Governing Law

These Terms are governed by Nevada law, without regard to conflict of law principles.

Binding Arbitration

ARBITRATION AGREEMENT: Any dispute not resolved informally shall be resolved by binding arbitration:

• Rules: American Arbitration Association Consumer Rules
• Location: Carson City, Nevada (or remotely)
• Arbitrator: Single neutral arbitrator
• Costs: Each party bears own costs (filing fees per AAA rules)
• Awards: Final and binding

Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, class arbitrations, or representative actions. Claims must be brought individually.

9. Contact Information

Customer Support:

• Email: support@mightycreamery.com
• SMS: Text HELP

Legal Inquiries:

• Email: legal@mightycreamery.com
• Mail: Mighty Creamery, LLC, Legal Department, 2483 Simons Ct., Carson City, NV 89703