Terms of Service
Last Updated: January 2026
These Terms of Service (“Terms”) govern your access to and use of the Clutch Day website, applications, content, and related services (collectively, the “Services”) provided by Kelsey Poulter LLC, doing business as Clutch Day (“Clutch Day,” “we,” “us,” or “our”).
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. BY USING THE SERVICES, YOU AGREE TO THESE TERMS.
1. Acceptance of Terms
By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Services.
You must be at least 18 years old to use the Services.
2. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
3. Description of Services
Clutch Day provides educational content, tools, and resources related to nutrition, performance, recovery, and athlete development. The Services are provided for informational and educational purposes only.
4. Health & Nutrition Disclaimer
Clutch Day does not provide medical advice, diagnosis, or treatment.
Any nutrition, fitness, performance, or health-related information provided through the Services is:
Educational only
Not a substitute for professional medical advice
Not intended to diagnose, treat, cure, or prevent any condition
Always consult a qualified healthcare professional before making decisions related to your health, nutrition, or training.
5. Accounts and Responsibility
You may be required to create an account to access certain features.
You are responsible for:
Maintaining the confidentiality of your login credentials
All activity that occurs under your account
You agree to notify us immediately if you suspect unauthorized access.
6. Subscriptions and Payments
Some Services may be offered on a subscription basis.
If you purchase a subscription through the Apple App Store or another third-party platform:
Payments, renewals, cancellations, and refunds are governed by that platform’s terms
We do not control billing through third-party app stores
Unless required by law, payments are non-refundable.
7. Acceptable Use
You agree not to:
Use the Services for unlawful purposes
Copy, reproduce, sell, or distribute any part of the Services without permission
Reverse engineer, decompile, or attempt to access source code
Interfere with the security or operation of the Services
Misrepresent your identity or impersonate others
We reserve the right to suspend or terminate access for violations of these Terms.
8. Intellectual Property
All content, features, and materials provided through the Services—including text, graphics, logos, videos, and software—are owned by or licensed to Clutch Day and are protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access the Services for personal, non-commercial use only.
9. User Content
If you submit content (such as messages, feedback, or uploads), you grant Clutch Day a non-exclusive, royalty-free license to use that content solely for operating, improving, or promoting the Services.
You represent that you have the right to submit such content and that it does not violate the rights of others.
10. Third-Party Services
The Services may contain links to or integrations with third-party services. We are not responsible for third-party content, policies, or practices. Use of third-party services is at your own risk.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that the Services will be uninterrupted, error-free, or fully secure.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLUTCH DAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify and hold harmless Clutch Day, its members, officers, and affiliates from any claims, damages, losses, or expenses arising from your use of the Services or violation of these Terms.
14. Arbitration and Class Action Waiver
PLEASE READ CAREFULLY.
Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if eligible.
You and Clutch Day agree:
Arbitration will be conducted on an individual basis only
You waive the right to participate in any class or representative action
Arbitration will be administered under the Federal Arbitration Act
If any portion of this section is found unenforceable, the remainder shall remain in effect.
15. Governing Law
These Terms are governed by the laws of the State of Utah, without regard to conflict of law principles. (We can change this state if you want.)
16. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, if you violate these Terms or misuse the Services.
17. Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms.
18. Contact Information
If you have questions about these Terms, please contact us at:
Kelsey Poulter LLC dba Clutch Day
[email protected]