Last updated: 2026-07-04

Terms of Service

These Terms govern your use of the Breach iOS app and the getbreach.app website, both operated by Fortymark. Read them, they're short.

1. Acceptance

Using the Breach app or website means you accept these Terms. If you don't agree with any part of them, don't use the app or the site.

2. Eligibility

You must be at least 16 years old to use Breach. We use 16 as the minimum age, in line with the GDPR consent age in the Netherlands. By using Breach, you confirm you meet this requirement.

3. Your account and data

The Breach iOS app requires Sign in with Apple. We store your account and profile preferences in our EU-hosted backend. Your workout sets, reps, weights, programs, and history are stored on your device and synced to your EU account backup so you can restore your log on a new device.

Your workout data remains yours. See our Privacy Policy for the full data handling details, deletion flow, analytics retention, and your GDPR rights.

4. Licence to use the app

Fortymark grants you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the Breach app on Apple-branded devices that you own or control, subject to Apple's Usage Rules and these Terms. Where Apple enables Family Sharing or volume purchasing, access may also be available to associated accounts as allowed by Apple's rules. You may not sublicense, rent, lease, lend, or redistribute the app.

If Apple's standard Licensed Application End User License Agreement applies through the App Store, these Terms supplement it for the Breach service, account, website, subscription, support, and user obligations. If there is a conflict for App Store distribution or billing, Apple's applicable terms control.

5. Subscription terms

• Free tier. Always free. No payment required.
• Adaptive tier. A subscription sold through the Apple App Store. It provides Adaptive features such as adaptive programming, weekly adjustments, and paid app functionality shown in the app. Pricing is €9.95/month or €44.99/year at the founding rate (standard €59.99/year). The App Store purchase sheet is the source of truth for the price, billing period, trial, and renewal terms at the moment you subscribe.
• Auto-renewal. Subscriptions renew automatically unless you cancel at least 24 hours before the renewal date.
• Cancellation. Cancel through your Apple ID settings (Settings > your name > Subscriptions). Fortymark cannot process cancellations on your behalf.
• Account deletion is not cancellation. Deleting the Breach app or your Breach account does not cancel an App Store subscription. Cancel it separately through your Apple ID settings.
• Free trial. New subscribers to the Adaptive annual plan may get a 14-day free trial when that offer is available in the App Store. Starting the trial requires a payment method on file with your Apple ID, but you are not charged until the trial ends. Unless you cancel at least 24 hours before the trial ends, it converts automatically to a paid annual subscription at the price shown at purchase. Only one introductory offer is available per Apple ID within the subscription group. The monthly Adaptive plan is a direct purchase with no trial unless the App Store purchase sheet says otherwise.
• Express confirmation of payment. When you purchase a subscription, the App Store shows you the price, billing cadence, and renewal terms and asks you to confirm. By confirming, you acknowledge that you are entering into a paid agreement.

6. Pricing and changes

The price shown in the App Store at the moment of purchase is binding for that purchase. We may change prices for future renewals with at least 30 days' notice where required. Apple handles subscription price-change notices, consent, billing, taxes, and storefront-specific pricing rules where applicable.

7. EU right of withdrawal

If you are a consumer in the European Union, you may have a 14-day right of withdrawal for some digital services under Directive 2011/83/EU.

Breach Adaptive is delivered digitally and can be accessed immediately after purchase. Where immediate access affects withdrawal rights, the App Store purchase flow and mandatory consumer law govern the consent, acknowledgement, refund, and withdrawal handling. If you want a refund or withdrawal review, request it through Apple at reportaproblem.apple.com.

Nothing in this section limits any refund or remedy you are entitled to under mandatory Dutch or EU consumer law.

8. Refunds

All App Store refunds are processed by Apple under Apple's refund policy. Fortymark cannot grant or process App Store refunds directly. Request a refund through reportaproblem.apple.com.

Nothing in this section limits any refund or remedy you are entitled to under mandatory Dutch or EU consumer law.

9. Acceptable use

You agree not to:

• reverse engineer, decompile, or disassemble the app, except to the extent that this restriction is prohibited by applicable law
• scrape, harvest, or extract data from the app or website by automated means
• circumvent or attempt to circumvent paywalls or subscription gating
• misuse support, feedback, or privacy request channels
• use Breach for anything other than personal fitness logging and programming

10. Legal compliance

You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a "terrorist supporting" country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.

11. Intellectual property

The Breach name, logo, app, website, and the adaptation engine that powers the Adaptive tier are owned by Fortymark. You may not copy or reuse them without written permission.

Any workout data you input, including workouts, weights, sets, reps, and programs you create, remains yours.

12. User content

Breach has no social feed, comments, or public profiles. Your workout log stays on your device and in your EU backup while you have an account. We do not sell your training data.

You are responsible for the workout information, profile preferences, contact messages, and feedback you submit. Do not submit anything unlawful, abusive, or owned by someone else unless you have the right to do so.

13. Health disclaimer

Breach is a fitness logging and programming tool. It is not medical advice and it is not a medical device. Consult a qualified physician or fitness professional before starting any exercise program, particularly if you have a pre-existing condition or injury.

You are responsible for training within your capabilities. Stop and seek medical attention if you experience pain, dizziness, or any symptom that suggests injury.

14. Apple App Store terms

These Terms are concluded between you and Fortymark, not with Apple Inc. ("Apple"). Apple is not responsible for the Breach app or its content. The following points apply because Breach is distributed through the Apple App Store:

• Scope of licence. The licence in §4 is limited to use on Apple-branded devices that you own or control and is subject to the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support. Fortymark is solely responsible for any maintenance and support for the app. Apple has no obligation to provide maintenance or support.
• Warranty. Fortymark is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by applicable law, Apple has no other warranty obligation in respect of the app.
• Product and IP claims. Fortymark, not Apple, is responsible for addressing any claim by you or any third party relating to the app or your use of it, including product liability claims, any claim that the app fails to conform to any legal or regulatory requirement, claims arising under consumer protection or privacy law, and any third-party claim that the app infringes that party's intellectual property rights.
• Third-party beneficiary. You and Fortymark acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• Third-party terms. You must comply with any applicable third-party terms when using the app, for example your wireless data or internet service agreement.

15. Limitation of liability

To the maximum extent permitted by Dutch law, Fortymark is not liable for any indirect, incidental, special, or consequential damages arising from your use of Breach.

Our total liability for any claim is capped at the amount you paid for Breach in the 12 months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under Dutch law (for example, liability for intent or gross negligence) or that cannot be limited under mandatory consumer law.

16. Indemnity

You agree to indemnify and hold Fortymark harmless against claims, losses, or costs arising from your breach of these Terms or your misuse of Breach. This clause does not apply to the extent prohibited by mandatory consumer law.

17. Termination

We may suspend or terminate your access to the Adaptive tier or Breach account for material breach of these Terms. You can stop using Breach at any time by deleting the app. You can delete your Breach account in the app, but this does not cancel an App Store subscription. No refund is owed on termination, except where Apple's refund policy or mandatory consumer law requires one.

18. Governing law

These Terms are governed by the law of the Netherlands. Disputes will be submitted to the competent courts of the Netherlands. This does not deprive you of the mandatory consumer protections you have under the law of your country of residence in the EU.

19. Dispute resolution

If you have a dispute with us, use our contact form first and we will try to resolve it in good faith.

If we cannot resolve it, the dispute can be brought before the competent Dutch court. If you are a consumer, you may also be able to turn to the court of your place of residence where the law provides for that.

EU consumers can also contact the Dutch Authority for Consumers and Markets (ACM) at acm.nl.

20. General provisions

• Severability. If any provision of these Terms is held invalid or unenforceable, the rest remains in full force.
• No waiver. A failure or delay by either party in enforcing a right is not a waiver of that right.
• Entire agreement. These Terms (together with the Privacy Policy and any App Store terms that apply to your download, purchase, or subscription) are the entire agreement between you and Fortymark for the Breach app and website, and replace any prior agreement on the same subject.
• Assignment. You may not assign your rights under these Terms. Fortymark may assign them to an affiliate or to a successor in a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control (for example, infrastructure outages, natural events, or government action), provided that the affected party uses reasonable efforts to resume performance.

21. Changes to these Terms

We may update these Terms. We will notify you of material changes through an in-app notice or by email at least 30 days before they take effect where required. Continued use after that date counts as acceptance where permitted by law.

Contact

• Contact form - choose Support for general help, Privacy for GDPR requests, or Other for anything else