Effective Date: November 2025
Last Updated: August 2026

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Welcome to Ascended. These Terms of Service (“Terms”) govern your access to and use of the Ascended mobile application, website, content, communications, subscriptions, and related products and services collectively, the “Services.” The Services are operated by Level Up Fitness, Inc., a Delaware corporation doing business as Ascended (“Level Up Fitness,” “Ascended,” “we,” “our,” or “us”).

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By creating an account, downloading or using the Services, purchasing a subscription, connecting a supported fitness service, or otherwise accessing Ascended, you agree to these Terms and our Privacy Policy.

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If you do not agree to these Terms, do not access or use the Services.

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1. Eligibility

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You must be at least 13 years old, or the higher minimum age required by the laws where you live, to create an Ascended account or use the Services.

If you are under the age of legal majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and has authorized your use of the Services.

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You may not use the Services if:

• You are prohibited from doing so by applicable law

• Your previous Ascended account was terminated for a serious or repeated violation

• You cannot legally enter into these Terms

• We are unable to offer the Services in your country or region

We do not knowingly permit children below the applicable minimum age to create accounts.

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2. Accounts and Security

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Certain features require an Ascended account.

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You agree to:

• Provide accurate and current information

• Maintain only accounts that you are authorized to use

• Keep your login credentials confidential

• Promptly update information that becomes inaccurate

• Notify us if you believe your account has been accessed without authorization

• Accept responsibility for activity conducted through your account to the extent permitted by law

 

You may not sell, transfer, rent, share, or allow another person to use your account without our written permission. We may require you to verify your identity, age, email address, purchase, reward eligibility, or account ownership. We may suspend access while investigating suspected fraud, abuse, security incidents, unauthorized access, payment disputes, or violations of these Terms.

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3. The Ascended Service, Changes, and License

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Ascended is a story-driven fitness adventure application in which real-world activity, manually logged activity, habits, and supported fitness information may contribute to missions, progression, ranks, levels, skills, XP, rewards, streaks, social features, and other in-app experiences.

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Features, stories, progression systems, rewards, integrations, supported devices, technical requirements, and availability may change over time. Certain features may be identified as beta, preview, test, early access, or experimental and may be incomplete, contain errors, change without notice, or be discontinued.

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We do not guarantee that:

• Every feature will always remain available

• Every activity will qualify for progression

• Activity information will always sync immediately or accurately

• Every device, wearable, operating system, or third-party service will remain supported

• Any specific mission, reward, rank, storyline, event, or feature will be permanent

• Using Ascended will produce any particular fitness, health, or personal-development result

 

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for your own non-commercial purposes.

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You may not:

• Copy, sell, rent, sublicense, distribute, modify, scrape, mirror, or commercially exploit the Services or our content

• Reverse engineer, decompile, disassemble, decode, or attempt to obtain source code, except where such restrictions are prohibited by law

• Bypass access controls, subscription requirements, security systems, or technical restrictions

• Use bots, scripts, automation, or unauthorized software to manipulate accounts, activity, rankings, rewards, or missions

• Extract or harvest user, gameplay, progression, or account data

• Use Ascended content or data to train, develop, or improve an artificial-intelligence or machine-learning system without written permission

• Use Ascended trademarks, characters, artwork, lore, or other assets commercially without written permission

• Interfere with the Services, another user, or any connected platform

 

All rights not expressly granted are reserved.

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4. Intellectual Property

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The Services and all associated materials are owned by Level Up Fitness, our licensors, or our service providers and are protected by intellectual-property laws.

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Protected materials include:

• The Ascended name and logos

• The Ascended application and source code

• Characters, factions, hero paths, locations, stories, dialogue, missions, and lore

• Artwork, animations, music, audio, video, icons, and visual assets

• User-interface and user-experience elements

• Game systems, progression structures, rewards, ranks, currencies, and virtual items

• Written content, marketing materials, and documentation

• Databases, compilations, analytics, and technical systems

• Other content made available through the Services

 

Nothing in these Terms transfers ownership of Ascended intellectual property to you.

“Ascended,” its logos, and related names and designs are trademarks or claimed trademarks of Level Up Fitness. You may not use them in a way that implies sponsorship, affiliation, endorsement, or authorization without our written permission.

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5. Public Profiles, User Content, and Acceptable Use

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Ascended profiles are public by design.

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Other users may see information such as your:

• Username

• Avatar

• Hero path

• Faction

• Rank

• Level

• Gear

• Rewards

• Skills

• XP

• Streak

• Leaderboard placement

• Group-mission participation

• Other public progression information

 

Do not use your legal name as a username unless you are comfortable making it public. Ascended does not currently allow users to make their entire profile private or hide all progression information.

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You retain any ownership rights you have in original content you submit through the Services.

By submitting content through the Services, you grant Level Up Fitness a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, store, reproduce, format, adapt, display, distribute, and use that content as reasonably necessary to:

• Operate and provide the Services

• Display public profiles and social features

• Provide customer support

• Prevent fraud or abuse

• Improve and develop Ascended

• Promote Ascended where the nature of the submission, separate permission, or applicable feature reasonably allows promotional use

 

We will not publicly use private support messages, private account information, photographs, videos, or testimonials for advertising without separate permission.

If you voluntarily provide suggestions, concepts, feature ideas, or other feedback, we may use that feedback without restriction or compensation.

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You may not use the Services to:

• Violate any law, regulation, court order, or third-party right

• Harass, threaten, stalk, exploit, or harm another person

• Impersonate another person or organization

• Submit unlawful, hateful, threatening, discriminatory, sexually explicit, or harmful content

• Reveal another person’s private information

• Submit malware, harmful code, or unauthorized automated requests

• Access another user’s account without permission

• Manipulate activity, workouts, XP, streaks, ranks, leaderboards, rewards, or missions

• Falsify fitness activity or exploit technical errors

• Abuse refunds, trials, promotions, Kickstarter rewards, or entitlements

• Create multiple accounts to evade restrictions or claim duplicate benefits

• Scrape, collect, or disclose information about other users

• Conduct unauthorized commercial activity

• Misrepresent affiliation with Level Up Fitness or Ascended

• Encourage or help another person violate these Terms

 

We may investigate suspected violations and may preserve or disclose information where permitted or required by law.

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6. Fitness, Wellness, and Safety

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Ascended is designed for entertainment, motivation, general fitness, and wellness purposes.

Ascended is not medical advice, a healthcare provider, an emergency service, or a substitute for professional medical care.

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Physical activity involves inherent risks, including the risk of injury, illness, property damage, disability, or death. You are responsible for determining whether an activity is appropriate for you.

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By using fitness-related features, you acknowledge that:

• You participate voluntarily and at your own risk

• You are responsible for choosing safe activities, locations, equipment, and intensity levels

• App missions, rewards, streaks, and progression are not instructions to ignore pain, fatigue, weather, traffic, medical advice, or unsafe conditions

• You should stop an activity if you feel pain, dizziness, weakness, shortness of breath, or other concerning symptoms

• You should consult a qualified healthcare professional before beginning or changing an exercise program where appropriate

 

Ascended does not diagnose, treat, cure, or prevent medical conditions.

We do not guarantee the accuracy or completeness of fitness information obtained from manual entries, Apple Health, wearables, devices, or third-party services. Never use Ascended while driving or in another situation where interacting with a device may be unsafe or unlawful.

 

If you believe you are experiencing a medical emergency, contact local emergency services.

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7. Apple Health and Supported Fitness Services

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Connecting Apple Health or another supported fitness service is optional.

Where supported, you may authorize Ascended to access certain activity information to provide fitness progression, missions, rewards, personalization, and related features.

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Depending on the permissions you grant, this may include:

• Activity time

• Steps

• Workout or activity categories

• Session counts

• Session duration

• Session categories

• Session times

 

We do not use Apple Health or HealthKit-derived information for advertising, targeted marketing, retargeting, lookalike audiences, or similar advertising purposes.

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You are responsible for:

• Reviewing the permissions you grant

• Ensuring connected devices and accounts belong to you or are authorized for your use

• Maintaining the accuracy of information submitted through connected services

• Revoking access through your device settings if you no longer wish to share information

 

Revoking access stops future collection but may not automatically remove information previously received or processed. Third-party fitness services may change, restrict, suspend, or discontinue integrations without notice.

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Additional information about Apple Health and fitness information appears in our Privacy Policy.

 

8. Subscriptions, Trials, Purchases, and Refunds

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Some Ascended features require a paid subscription or purchase.

Before you confirm a purchase, the applicable paywall or storefront will display the:

• Price

• Billing period

• Trial duration, if applicable

• Date or event that triggers billing

• Automatic-renewal terms

• Included features

• Cancellation instructions

 

The specific terms shown at purchase control if they conflict with a general description in these Terms. Purchases made through the Apple App Store are processed by Apple and are also subject to Apple’s applicable terms and billing rules.

 

Unless otherwise disclosed, subscriptions automatically renew at the end of each billing period until canceled through the platform or account used to purchase them.

You authorize the applicable platform to charge the payment method associated with your account for the subscription price and applicable taxes.

 

A free or discounted trial may automatically convert into a paid subscription unless canceled before the trial ends.

Trials and promotions may:

• Be limited to eligible users

• Be available only once per person, Apple account, household, device, or payment method

• Exclude previous subscribers

• Be changed or withdrawn where permitted by law

Deleting the Ascended app or your Ascended account does not automatically cancel a subscription.

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You must cancel through the platform or account through which you purchased the subscription.

Cancellation generally prevents the next renewal but does not ordinarily end access before the close of the already-paid billing period.

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Payments are generally nonrefundable except where required by law, stated in an applicable offer, or permitted by the platform that processed the purchase.

Refund requests for Apple App Store purchases must generally be submitted through Apple’s refund and billing process.

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We may change subscription prices or included features. Where required, you will receive notice or be asked to approve a change through the applicable platform. We may use Apple, RevenueCat, and our internal systems to verify trials, purchases, renewals, transactions, and entitlements.

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9. Virtual Items, Kickstarter, and Promotional Rewards

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Ascended may provide virtual items and progression features, including:

• XP

• Gold or other virtual currency

• Gear

• Avatars and customization items

• Rewards

• Skills

• Ranks

• Streaks

• Mission progress

• Faction progress

• Entitlements

• Other digital benefits

 

Unless expressly stated otherwise:

• Virtual items have no cash value

• Virtual items are not property, currency, investments, or financial instruments

• Virtual items cannot be exchanged for money

• Virtual items cannot be transferred, sold, traded, or inherited

• You receive only a limited license to use virtual items through the Services

• We may modify, rebalance, replace, restrict, or discontinue virtual items and progression systems

• Virtual items may be lost when an account is terminated or deleted

 

We may correct progression, transactions, rewards, or balances affected by bugs, abuse, mistaken grants, fraud, unauthorized access, or technical errors.

If you supported Ascended through Kickstarter or another promotion, reward eligibility may depend on your:

• Backer email

• Reward tier

• Claim code

• Platform preference

• Account information

• Claim history

• Other verification information

 

You agree not to claim a reward more than once or claim a reward for which you are not eligible.

Rewards may be subject to campaign terms, estimated delivery schedules, technical limitations, platform restrictions, or fulfillment requirements.

 

Digital rewards may be attached to an Ascended account and may not be transferable.

We may deny, reverse, or investigate a reward claim where we reasonably suspect fraud, duplication, resale, chargebacks, cancellation, unauthorized use, or incorrect eligibility information.

10. Communications, Third-Party Services, and Privacy

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We may send communications relating to:

• Account creation and onboarding

• Security and account activity

• Missions, streaks, friends, and rewards

• Trials, subscriptions, purchases, and renewals

• Kickstarter or promotional rewards

• Product updates

• Customer support

• Promotions and marketing

• Legal or policy notices

 

You may unsubscribe from marketing emails using the unsubscribe link in the message.

Even after unsubscribing from marketing, we may continue to send non-promotional communications concerning your account, security, purchases, subscriptions, rewards, legal notices, or changes to the Services.

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Where offered and legally permitted, we may send transactional or promotional SMS messages.

Promotional SMS messages will be sent only with the required consent or legal basis. Consent to promotional SMS is not required as a condition of purchasing or using Ascended.

You may opt out using the instructions included in the message, such as replying STOP. Message and data rates may apply.

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You may control push-notification permissions through your device settings.

The Services rely on third-party platforms and service providers involved in hosting, authentication, analytics, subscriptions, notifications, communications, advertising attribution, reporting, crowdfunding, and app distribution.

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Third-party services may have separate terms and privacy policies.

We are not responsible for:

• Third-party outages or service changes

• The accuracy of third-party information

• Third-party account restrictions

• Third-party payment decisions

• Device or operating-system limitations

• Changes to app-store rules

• Wearable malfunctions

• Content or services provided independently by third parties

 

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. If these Terms conflict with the Privacy Policy concerning personal information, the Privacy Policy controls.

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11. Account Deletion, Suspension, and Termination

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You may request account deletion through available app settings or by contacting us.

Deleting an account may permanently remove or de-identify account information, progression, rewards, social connections, and other data, subject to legally permitted retention.

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We may retain limited records where reasonably necessary for:

• Purchases and subscriptions

• Kickstarter rewards and entitlements

• Fraud and abuse prevention

• Security

• Legal claims

• Tax and accounting obligations

• Customer support

• Backup systems

• Aggregated or de-identified analytics

 

Deleting your Ascended account does not automatically:

• Cancel an active subscription

• Delete information held independently by Apple, Kickstarter, or other third parties

• Remove records we are legally permitted or required to retain

 

We may suspend, limit, or terminate access where we reasonably believe that:

• You violated these Terms

• Your conduct creates legal, safety, security, or reputational risk

• Your account was used fraudulently or without authorization

• You manipulated activity, purchases, rewards, or progression

• Payment was reversed, refunded, disputed, or invalidated

• We are required to act by law, court order, platform rule, or government authority

• Continuing to provide the account or Services is not reasonably feasible

 

Where appropriate, we may provide notice or an opportunity to correct the issue. Advance notice is not required in urgent, fraudulent, unlawful, or security-sensitive circumstances.

Upon termination, your license to use the Services ends immediately.

 

Sections that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, liability, indemnification, disputes, and accrued payment obligations.

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12. Disclaimers and Limitation of Liability

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To the fullest extent permitted by law, the Services are provided “as is” and “as available.”

Level Up Fitness disclaims all warranties not expressly stated in these Terms, including implied warranties of:

• Merchantability

• Fitness for a particular purpose

• Title

• Non-infringement

• Accuracy

• Availability

• Quiet enjoyment

 

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free

• Defects will always be corrected

• Data or progression will never be lost

• Activity information will always be accurate

• The Services will be compatible with every device or service

• Content will meet your expectations

• You will achieve any particular result

 

To the fullest extent permitted by law, Level Up Fitness and its directors, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including damages arising from:

• Loss of data

• Loss of progression

• Lost revenue or profits

• Business interruption

• Loss of goodwill

• Device damage

• Third-party conduct

• Service interruption

• Fitness activity

• Personal injury, except where liability cannot legally be limited

• Inability to access or use the Services

 

To the fullest extent permitted by law, the total aggregate liability of Level Up Fitness for all claims arising out of or relating to the Services or these Terms will not exceed the greater of:

1. The amount you paid directly for the Services during the 12 months preceding the event giving rise to the claim; or

2. One hundred U.S. dollars

These limitations apply regardless of the legal theory and even if we were advised that damages were possible.

Some jurisdictions do not allow certain warranty exclusions or liability limitations. In those jurisdictions, these provisions apply only to the maximum extent permitted by law.

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13. Indemnification

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To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Level Up Fitness and its directors, officers, employees, contractors, affiliates, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, and reasonable expenses arising from:

• Your unlawful use of the Services

• Your material violation of these Terms

• Your User Content

• Your violation of another person’s rights

• Your fraud, misconduct, or abuse of the Services

• Your unauthorized use of another account, device, reward, or payment method

This obligation does not apply to the extent a claim results from our own unlawful conduct or where indemnification is prohibited by applicable consumer law.

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14. Apple App Store Terms

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If you download Ascended through the Apple App Store, these Terms are between you and Level Up Fitness, Inc., not Apple. Apple is not responsible for the Services or for maintenance and support, except as required by applicable law or App Store terms.

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If Ascended fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, to the extent required by its policies. Apple has no other warranty obligation regarding Ascended.

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Level Up Fitness, not Apple, is responsible for addressing claims relating to Ascended, including:

• Product-liability claims

• Claims that Ascended does not comply with applicable legal or regulatory requirements

• Consumer-protection claims

• Intellectual-property infringement claims

 

You represent that:

• You are not located in a country subject to a United States government embargo or designated as supporting terrorism

• You are not listed on a United States government restricted-party list

• You will comply with applicable third-party terms when using Ascended

 

Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you.

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15. Governing Law and Disputes

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These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Except where applicable law gives you the right to bring a claim elsewhere, disputes arising from these Terms or the Services will be brought exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction.

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Nothing in these Terms limits:

• Rights you cannot waive under applicable consumer law

• Your right to file a complaint with a government authority

• Either party’s ability to seek urgent injunctive relief

• Any mandatory jurisdiction or venue right applicable where you live

 

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

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16. Changes and General Terms

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We may update these Terms to reflect changes to:

• The Services

• Subscription offerings

• Features or integrations

• Business practices

• Legal or regulatory requirements

• Platform requirements

• Security and operational needs

 

When we update these Terms, we will revise the “Last Updated” date. Where changes are material, we may provide notice through the app, website, email, or another appropriate method. Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law. If you do not agree to updated Terms, you must stop using the Services. These Terms, the Privacy Policy, and any additional terms presented for a specific feature, promotion, subscription, beta program, contest, or reward form the agreement between you and Level Up Fitness concerning the Services. If additional terms conflict with these Terms, the additional terms control for the applicable feature or offering Our failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written permission. We may assign these Terms in connection with a merger, financing, reorganization, acquisition, asset sale, or transfer of the Ascended business. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in effect.

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17. Contact Us

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Questions about these Terms may be submitted to:

Level Up Fitness, Inc.
Doing business as Ascended
Austin, Texas, United States
Email: team@ascendedapp.com
Website: ascendedapp.com