These Terms & Conditions (the “Terms”) are a binding agreement between you and 2build LLC, a North Carolina limited liability company (“2build,” “we,” “us”), which operates the TopSet mobile app for iOS and Android, the watchOS and Wear OS companions, and this website (collectively, the “Service”). Read them carefully — they include disclaimers and limitations of liability that affect your legal rights.
By downloading, installing, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
These Terms incorporate, where applicable, the Apple Media Services Terms (for users who access TopSet through the Apple App Store) and the Google Play Terms of Service (for users who access TopSet through Google Play). If those storefront terms conflict with these Terms in a way that cannot be reconciled, the storefront terms govern as between you and the storefront, and these Terms continue to govern as between you and 2build.
You must be at least 13 years old to use TopSet, or the applicable higher minimum age in your jurisdiction (16 in much of the European Economic Area; 18 if you live somewhere we cannot lawfully contract with a minor). If you are under the age of majority where you live, you may use TopSet only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf.
You are responsible for the accuracy of the information you provide and for maintaining the security of any credentials, magic-link emails, device unlock codes, or authentication factors used to access your account. Notify us promptly if you suspect unauthorized access to your account.
Subject to your continued compliance with these Terms, 2build grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Service on devices you own or control, for your personal, non-commercial use.
You may not:
Free tier. The core TopSet experience is available without payment. You can run a 5/3/1 program, log workouts, view your training history, sync across your devices, and use the Apple Health / Health Connect integrations without subscribing.
TopSet Premium. Some features are available only with an active TopSet Premium subscription, including (but not limited to) the BBB 5×10 supplemental, the assistance template builder, the Progress analytics deep-dive, CSV / JSON export, and the AI Coach (when available). The current list of Premium features and prices is shown in the in-app paywall at the time you subscribe.
Billing. Subscriptions are sold and billed by Apple (App Store) or Google (Google Play) under their standard terms. Prices, plan tiers, free-trial duration, and renewal cadence are shown in the paywall at the point of purchase. Unless you cancel beforehand, paid subscriptions renew automatically at the price shown.
Free trial. If you accept a free-trial offer, your paid subscription begins at the end of the trial period and renews at the displayed price. You can cancel at any time before the trial ends to avoid being charged.
Cancellation. You manage and cancel subscriptions in your Apple ID or Google Account settings, not in the TopSet app. Cancellation takes effect at the end of the current billing period; you retain access to Premium features until then.
Refunds. Refund requests are handled by Apple and Google under their respective policies. We do not process refunds directly. If a refund is granted by the storefront, the associated Premium entitlement is revoked.
Price changes. If we change the price of a subscription tier, the change applies to your next renewal. Apple or Google will notify you of the change in advance, in line with their store policies, and you will have an opportunity to cancel before it takes effect.
Lifetime purchases. A “Lifetime” purchase grants Premium access for the duration of TopSet’s commercial operation by 2build. It is not a perpetual guarantee against discontinuation of the Service (see section 09).
You agree not to:
We may suspend or terminate access if we reasonably believe you have violated these rules.
You own your training data. The sets you log, body-weight entries, training maxes, training notes, exported files, and AI Coach conversations are yours.
You grant 2build a worldwide, royalty-free, non-exclusive license to host, store, process, transmit, back up, and display your data solely as necessary to operate the Service on your behalf — for example, to mirror your training history to our sync backend so it is available on your other devices, or to compute analytics derived from your sets. This license ends when you delete the relevant data or your account, except to the limited extent we are required to retain a copy by law.
We do not use your training data, body-weight entries, or AI Coach conversations to train AI models. We do not sell your data or share it with advertisers. The Privacy Policy describes how your data is handled in more detail.
You are responsible for keeping your own backup of any data you cannot afford to lose. While we use commercially reasonable practices to protect your data, no service can guarantee against loss.
TopSet is a fitness-tracking and program-assistant tool. It is not a medical device, and nothing in the Service is medical, diagnostic, or therapeutic advice. Information shown in the app — including prescribed sets, training maxes, estimated one-rep-max (e1RM), Wilks and DOTS scores, tonnage, PR detection, and AI Coach suggestions — is for general informational purposes only.
Strength training carries an inherent risk of injury, including serious injury. Consult a qualified physician or certified coach before starting any exercise program, especially if you have a medical condition, are pregnant or postpartum, are recovering from an injury, or are otherwise at elevated risk. Stop exercising and seek medical attention if you experience pain, dizziness, shortness of breath, chest discomfort, or any other concerning symptom.
You are solely responsible for your own training decisions and for the safe execution of every exercise. 2build does not warrant that any program, recommendation, or AI Coach output will produce a particular outcome, and 2build is not liable for any injury, condition, illness, or outcome you may experience in connection with your use of the Service.
The TopSet name, the “TS+” mark, the app icons, logo, design system, source code, copy, prescribed-set logic, analytics formulas, and all associated trademarks and trade dress are owned by 2build LLC and protected by United States and international intellectual-property laws. Nothing in these Terms transfers any such rights to you.
The 5/3/1 method and related training frameworks are the intellectual work of their respective authors. TopSet implements these frameworks under nominative fair use and does not claim authorship of them. Nothing in these Terms grants you any rights to those underlying works beyond what their authors have made available.
You retain all rights to your own training data and to any content you create in the Service. Nothing in these Terms transfers ownership of your data to 2build.
You can terminate this agreement at any time by deleting your account from Settings → Delete Account. The deletion is immediate and removes your data from our systems as described in the Privacy Policy.
We may suspend or terminate your access to the Service at our reasonable discretion if you breach these Terms, if continued provision of the Service to you exposes us to legal or security risk, or if we cease offering the Service. Where practicable, we will give you reasonable notice and an opportunity to export your data before termination.
Sections that by their nature should survive termination — including License to use TopSet, User content & data, Health disclaimer, Intellectual property, Disclaimers & liability, Governing law, and this section — survive any termination of these Terms or of your account.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. 2BUILD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA WILL BE PRESERVED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 2BUILD LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID 2BUILD FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
Apple-specific acknowledgment. If you obtained TopSet through the Apple App Store, you acknowledge that these Terms are between you and 2build LLC, not Apple. Apple is not responsible for the Service or its content. Apple has no obligation to provide maintenance or support for the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is a third-party beneficiary of these Terms with respect to your use of the Service on an Apple device.
These Terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws provisions. Any dispute arising out of or relating to these Terms or your use of the Service will be resolved exclusively in the state or federal courts located in Wake County, North Carolina, and you consent to the personal jurisdiction of those courts.
If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose mandatory law gives you the right to bring a claim in your country of residence or to rely on protections that cannot be waived by contract, nothing in these Terms removes that right.
TopSet is operated by 2build LLC, a North Carolina limited liability company. For legal questions or to send notice under these Terms, contact:
2build LLC
Attn: TopSet Legal
ben@2build.me