FitQoach Privacy Policy

This document, titled "FitQoach Privacy Policy " ("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. Ai-Generated Content, Medical Disclaimer, And Limitation Of Liability
The App provides content that is generated by AI, which includes generalized health recommendations and fitness advice. This content is not tailored to individual Users and should not be used as a substitute for professional medical advice, diagnosis, or treatment. The Service Provider explicitly disclaims any responsibility for the accuracy, reliability, or completeness of the AI-generated Content. Users should consult a medical professional before making any health-related decisions or starting any new fitness regime. By using the App, Users acknowledge and agree that: a. The content provided is solely for informational and educational purposes. b. The Service Provider does not offer human coaching, live experts, or real-time professional assistance through the App. c. The AI-generated content may not address specific health needs or circumstances of individual Users. d. Users assume full responsibility for any actions taken based on the AI-generated Content. e. The Service Provider, its affiliates, and licensors are not liable for any damages, injuries, or adverse outcomes Users may experience as a result of using the App. f. The Service Provider disclaims all liability for any indirect, incidental, special, consequential, or punitive damages arising from the use of the App. Users are presented with a clear medical disclaimer during the onboarding process, affirming the aforementioned points. The Service Provider recommends Users seek personalized advice from qualified healthcare providers to address their unique health conditions and fitness goals.
2. Collection, Use, And Storage Of Personal Data (Privacy Policy)
We highly value your privacy and are committed to protecting your personal data. This section outlines the categories of personal data we collect, the purposes of its use, and the data storage procedures we employ. The categories of Personal Data we collect include, but are not limited to: health data such as heart rate, steps, activity level, and other metrics from wearables integrated through APIs (as further detailed in Section 7: Wearable API Integration), as well as usage data, preferences, and interactions with the App. These data points are essential for providing and improving our services, including AI enhancement, analytics, and marketing activities. Data is securely stored on Firebase, a trusted cloud storage provider, ensuring that your information is safeguarded with industry-standard security measures. It is important to note that Personal Data is not sold or shared with third parties except as needed for the operation and improvement of the App or as required by law. Our Analytics & Marketing Partners may use aggregated, non-personally identifiable data to help us understand user engagement and to optimize our marketing strategies, but this does not involve the sale of your Personal Data. Our procedures ensure that data collection, use, and storage comply with stringent privacy standards, maintaining transparency and security at every step.
3. Data Security And Retention
The Service Provider, Nick Walden, prioritizes the security of Users' Personal Data. All data collected and stored by the App is securely kept on Firebase, a trusted cloud storage solution. The Service Provider employs industry-standard security practices to safeguard Users' Personal Data against unauthorized access, alteration, disclosure, or destruction. These practices include, but are not limited to, data encryption, regular security audits, and access controls.

The retention period for Personal Data is determined based on the necessity to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce agreements. Once the data is no longer required for these purposes, it is securely deleted or anonymized to ensure Users' privacy is maintained. For specific details on the types of data collected and how it is used and stored, please refer to Clause 8: Collection, Use, and Storage of Personal Data (Privacy Policy).
4. User Rights And Choices
Users have specific rights and choices regarding their Personal Data as outlined in this section. These rights are designed to provide Users with control over their data and ensure transparency in data handling by the Service Provider, as described in Clause 8: Collection, Use, and Storage of Personal Data (Privacy Policy). The key rights and choices of the Users are as follows:

a. Access: Users have the right to request access to their Personal Data collected and stored by the Service Provider. This includes details on how their data is used, for what purposes, and with whom it is shared.

b. Correction: Users have the right to request the correction of any inaccurate or incomplete Personal Data held by the Service Provider. Such requests should be directed to the contact information provided in Section 25: Contact Information.

c. Deletion: Users have the right to request the deletion of their Personal Data under certain conditions, such as when the data is no longer necessary for the purposes for which it was collected or when Users withdraw their consent on which the processing is based.

d. Opt-Out Mechanisms: Users have the right to opt-out of specific data processing activities such as marketing communications, data sharing with third parties, or use of data for product improvements. Opt-out options are provided within the App settings or by contacting the Service Provider directly.

To exercise any of these rights, Users should contact the Service Provider using the information provided in Section 25: Contact Information. The Service Provider will respond to these requests within a reasonable timeframe and in accordance with applicable laws and regulations.

Please note, while the Service Provider endeavors to fulfill all requests regarding User rights, certain legal, regulatory, or operational limitations may apply which may restrict the ability to comply with some requests fully.
5. Data Sharing And Third Party Services
The Service Provider is committed to maintaining the confidentiality and security of Users' personal data. In order to enhance the App's functionality and improve Users' experience, personal data may be shared with third-party services under the following conditions and for the following purposes:
a. Analytics & Marketing Partners: Personal data may be shared with third-party analytics and marketing services solely for the purpose of analyzing user behavior, enhancing service offerings, and improving business processes. This data is used internally and is not sold or shared outside of the Service Provider's ecosystem. Such sharing is strictly for operational and improvement purposes.
b. Wearable APIs: The App integrates with third-party wearable services, specifically Terra and Apple Health. These integrations facilitate the collection and utilization of health and fitness data to provide Users with personalized and enhanced fitness experiences. The data shared with these wearable APIs is limited to what is necessary for the integration and is not shared with advertisers or unrelated third parties.
c. App Stores: As part of the subscription services and payment processing, Users' data may be shared with app stores (Apple and Google Play) in accordance with their respective privacy policies. These app stores manage the billing and subscription renewals, requiring the sharing of relevant data for these transactional purposes.
It is important to note that data shared with all aforementioned third parties is done with the primary goal of enhancing User experience and improving App functionality. No personal data is sold to or shared with advertisers or unrelated partners.