FitQoach End User License Agreement

This document, titled "FitQoach End User License Agreement " ("Document"), is effective as of August 8, 2025. This Document is intended to govern the use of the AI-powered fitness application, FitQoach ("App"), designed and operated by Not Provided By User ("Service Provider"). The provisions set forth herein are aimed at ensuring comprehensive legal protection, compliance with applicable laws and regulations, and clarity on user responsibilities and rights. WHEREAS, the App utilizes AI-generated content, integrates with wearable APIs such as Terra and Apple Health, and incorporates subscription payments processed through app stores (Apple and Google Play), it is essential to establish terms governing these aspects. WHEREAS, the scope of this Document includes the Terms of Service, End User License Agreement (EULA), and Privacy Policy, addressing key areas such as data privacy, medical disclaimers, subscription and refund policies, and limitation of liability. This Document also ensures compliance with Texas law and the requirements of the respective app stores. Henceforth, the following terms, conditions, and policies are set forth to regulate the interaction between the Service Provider and the users of the App ("Users").
1. License Grant And Restrictions (End User License Agreement)
Subject to your compliance with the terms and conditions set forth in this Document, the Service Provider hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices simultaneously. Furthermore, you must comply with any usage rules established by the app stores (Apple and Google Play), as well as all applicable laws and regulations.

Restrictions:

a. You shall not license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App or make the App available to any third party.

b. You shall not modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the App.

c. You shall not access the App to build a similar or competitive product or service.

d. You shall not use any automated systems, including but not limited to, "robots," "spiders," or "offline readers" to access the App.

e. You shall use the App in accordance with all applicable law, including local, state, national, and international laws.

f. You acknowledge and agree that the Service Provider, at its sole discretion, may provide updates, patches, and other modifications to the App, which must be installed timely to ensure continuous access and proper functionality of the App.

The rights granted under this license are limited to the scope expressly granted herein, and all rights not expressly granted to you are reserved by the Service Provider. Any breach of these terms may result in the immediate termination of your license to use the App without notice.

2. Intellectual Property Rights
All intellectual property rights in the App, including, without limitation, software, copyrights, trademarks, trade names, logos, and all other materials associated with the App, are owned by the Service Provider, or its licensors. Any and all AI-generated Content produced and integrated within the App by the Service Provider is also the exclusive property of the Service Provider. Users are granted a limited, non-exclusive, non-transferable, revocable license to use the App and its content solely for personal, non-commercial use in accordance with the terms herein.

Users acknowledge that they do not acquire any ownership rights by downloading or using the App or any AI-generated Content within the App. Any unauthorized use of the App, including but not limited to copying, modifying, distributing, or creating derivative works, is strictly prohibited and may result in the termination of the User’s access to the App, as well as legal action.

Any feedback, comments, or suggestions provided by Users concerning the App and its contents are entirely voluntary and, by providing such feedback, Users grant the Service Provider a worldwide, perpetual, irrevocable, royalty-free, and transferable license to use, copy, modify, distribute, and incorporate such feedback into the App or other products and services without any obligation to compensate Users.
3. Disclaimer Of Warranties
THE SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP, INCLUDING, BUT NOT LIMITED TO, THE AI-GENERATED CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE SERVICE PROVIDER DOES NOT WARRANT THAT THE APP; INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM THE SERVICE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APP OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE SERVICE PROVIDER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE APP, INCLUDING, BUT NOT LIMITED TO, AI-GENERATED CONTENT. USERS UNDERSTAND AND AGREE THAT ANY RELIANCE ON SUCH INFORMATION OR CONTENT IS AT THEIR OWN RISK.
4. Limitation Of Liability
To the fullest extent permitted by applicable law, the Service Provider, its affiliates, licensors, suppliers, and partners shall not be liable to any User for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of use, data, goodwill, profits, or other intangible losses, arising out of or related to the use or inability to use the App, any AI-generated content provided, or any other interactions with the Service Provider, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory. Furthermore, the Service Provider disclaims any and all liability for any health-related decisions or outcomes that result from the User's interaction with the App. The App only provides generalized health content generated by AI and does not constitute personalized advice or professional medical services. Users acknowledge and agree that the recommendations and advice provided by the App should not replace consultations with qualified healthcare professionals. The total liability of the Service Provider to any User for any and all claims relating to or arising from the use of the App shall not exceed the amount paid by the User to the Service Provider during the twelve (12) months immediately preceding the event giving rise to such liability or USD 100, whichever is greater.
5. Indemnification
Users agree to indemnify, defend, and hold harmless the Service Provider, its affiliates, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) that arise directly or indirectly from: (a) User's use or misuse of the App; (b) User's violation of this Document or any rights of a third party; (c) any claim that User's content caused damage to a third party; (d) User's violation of any applicable laws, rules, or regulations when using the App. The Service Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with the Service Provider in asserting any available defenses.

6. Changes To Privacy Policy Or Eula
The Service Provider reserves the right to modify or update the Privacy Policy or End User License Agreement (EULA) at any time. Such changes will be communicated to Users through appropriate channels, which may include notifications through the App, email, or website updates. The notification will include the date on which the amended policies will take effect (the "Effective Date"). Users are encouraged to review the amended policies to stay informed about any changes. Continued use of the App after the Effective Date constitutes acceptance of the revised terms. If you do not agree to the amended terms, you must cease using the App prior to the Effective Date. The current version of the Privacy Policy and EULA can always be accessed through the App or the website for reference.