FitQoach Terms of Service
This document, titled "FitQoach Terms of Service " ("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. Introduction And Acceptance Of Terms
By accessing or using the AI-powered fitness application, FitQoach ("App"), provided by Not Provided By User ("Service Provider"), you ("User") agree to be bound by the terms, conditions, and policies set forth in this Document. This agreement is effective as of [Effective Date]. Your use of the App signifies your understanding and acceptance of this Document in its entirety, including all future modifications. If you do not agree to any part of this Document, you must discontinue using the App immediately. The Service Provider reserves the right to refuse access to the App to any User who does not comply with the terms herein.
2. Modifications To Terms
The Service Provider reserves the right to revise and update this Document at any time. Any modifications to the terms will become effective upon publishing the updated Document, with the 'Effective Date' clearly indicated at the beginning of the Document. Users will be notified of significant changes through prominent notice within the App or via email to the registered email addresses. Users are encouraged to periodically review this Document to stay informed of any updates. Continued use of the App after the Effective Date of the updated terms constitutes acceptance of the modified terms. If Users do not agree with the revised terms, they must discontinue using the App immediately. It is the User's responsibility to ensure that their contact information is up to date to receive such notifications.
3. Eligibility And User Account Obligations
To be eligible to use the App, Users must be at least 18 years old. By creating an account and using the App, Users represent and warrant that they meet this age requirement. Users under the age of 18 must have the account created by a parent or legal guardian who will be responsible for all activities undertaken in connection with the account. The parent or legal guardian agrees to monitor such User's activities and ensure compliance with these terms.
Users are responsible for maintaining the confidentiality of their account credentials, including their username and password. Users agree not to share their account information with others and to restrict access to their account. Any activity occurring under a User’s account will be considered as authorized by the User and the User will be held responsible for any actions performed under their account.
Users are also responsible for keeping their account information up-to-date, including personal and contact information, and for promptly notifying the Service Provider of any unauthorized use of their account or security breaches. Failure to comply with these obligations may result in suspension or termination of the User's account at the Service Provider’s sole discretion.
4. Use Of The App
The App provides Users with AI-generated Content for fitness guidance and advice. The following rules govern the permitted and restricted uses of the App:
a. Permitted Uses:
i. Users may use the App in accordance with the End User License Agreement to access AI-generated fitness plans, workouts, and recommendations.
ii. Users may integrate the App with supported Wearable APIs, such as Terra and Apple Health, to enhance their fitness experience and receive personalized AI-generated insights.
iii. Users may share their fitness journeys and progress within the App's community features, provided that such sharing complies with the terms set out herein and does not infringe on the rights of other Users.
b. Restricted Uses:
i. Users may not use the App to upload, post, transmit, or distribute any content that is unlawful, fraudulent, defamatory, obscene, or otherwise objectionable.
ii. Users shall not attempt to modify, reverse-engineer, decompile, or disassemble the App or any of its components.
iii. Users may not use the App to collect, store, or disseminate personal data about other users without their explicit consent.
iv. Users shall not use the App in any manner that could harm, impair, disable, or overburden the App’s functionalities or interfere with any other party’s use of the App.
c. Interaction Rules:
i. Users may interact with the AI-generated Content and other Users in a respectful and lawful manner, adhering to community standards established by the Service Provider.
ii. Users are required to report any misuse or abuse of the App’s functionalities to the Service Provider promptly.
iii. Users must maintain the confidentiality and security of their accounts and passwords and promptly inform the Service Provider of any unauthorized use.
These rules are established to ensure the App provides a safe, efficient, and enjoyable experience for all Users.
5. Wearable Api Integration
The FitQoach app integrates with third-party APIs, specifically Terra and Apple Health, to enhance user experience by collecting relevant health metrics. This integration enables the App to collect, store, and utilize personal data such as heart rate, steps, activity levels, and other health-related metrics, thereby helping users track and improve their fitness progress.
Data collected from these Wearable APIs is securely stored on Firebase. While the App takes necessary measures to ensure data security and privacy, users should note that the terms and policies governing user data transparency and control for these third-party APIs (Terra and Apple Health) may not have been reviewed extensively by Not Provided By User (Service Provider). Users are, therefore, advised to review the respective privacy policies and terms of use of these third-party services.
By using the FitQoach app and enabling integration with Terra and Apple Health, users consent to the collection and use of their personal data as described above. For more details, refer to the sections on Collection, Use, and Storage of Personal Data (Section 8) and Data Security and Retention (Section 9).
6. User Responsibilities And Prohibited Conduct
All Users of the App are required to adhere to the following responsibilities and prohibited conduct to ensure a safe, lawful, and ethical environment for all. Users of the App must observe the following obligations:
1. Compliance with Laws: Users must comply with all applicable local, state, national, and international laws while using the App.
2. Ethical Use: Users are expected to use the App services in a manner consistent with the intended purpose of promoting health and fitness, and not for any malicious or unlawful purpose.
3. Accurate Information: Users must provide accurate and truthful information when creating an account and using the App.
The following conduct is strictly prohibited:
a. Unauthorized Access: Attempting to gain unauthorized access to any part of the App, including the servers, databases, or networks connected to the App.
b. Tampering: Attempting to manipulate, modify, or alter the software or any part of the App’s functioning.
c. Harmful Activities: Engaging in activities that could harm the App’s functionality, including uploading or transmitting viruses, malware, or any other malicious code.
d. Misuse of AI-generated Content: Relying on AI-generated responses for medical advice without consulting a qualified healthcare professional, as outlined in <<Clause 6: AI-generated Content, Medical Disclaimer, and Limitation of Liability>>.
e. Sharing Account Credentials: Sharing login credentials or attempting to access the App using another User’s account.
f. Misrepresentation: Misrepresenting oneself or creating fake accounts.
g. Improper Use of Chat Functionality: Using the chat functionality inappropriately, including spamming, offensive language, or other disruptive behaviors.
h. Data Harvesting: Collecting or harvesting personal information of other Users, including email addresses or other contact information, without their explicit consent.
Users must act in accordance with these guidelines to maintain the integrity and security of the App and its community.
7. Subscription Terms, Payments, And Billing
The App offers various subscription models which Users can choose from according to their preferences and fitness goals. All subscriptions are processed exclusively through the app stores (Apple App Store and Google Play Store). Payment for subscriptions must be made using the payment methods supported by these app stores. No direct payments to the Service Provider are permitted. Subscriptions may automatically renew at the end of the subscription term unless canceled by the User via the app store account settings. Details of subscription plans, pricing, and billing cycles will be presented within the app store interface. By subscribing, Users agree to abide by the app stores' terms of service and billing procedures, which include automatic billing, transaction fees, and applicable taxes. Users are responsible for maintaining their app store account information current to ensure successful subscription renewals. Should there be any issues regarding payments, Users must contact the app store's customer support for resolution.
8. Refund Policy
Refund Policy - The Service Provider adheres to the refund policies set forth by the respective app stores (Apple App Store and Google Play Store). All requests for refunds must be directed through the app store from which the purchase was made. The Service Provider does not process refunds directly and relies on app store procedures to handle such requests. Users are encouraged to review and understand the refund policies of the app store prior to making a purchase. If a user is eligible for a refund based on the app store's refund policy, it can be requested through the app store's respective refund procedure. For Apple App Store purchases, the Service Provider honors Apple's refund policy, which is subject to their terms and conditions. For more information on requesting refunds through the app store, users should refer to the respective app store's help or support section.
9. Termination And Suspension Of Service
The Service Provider reserves the right to terminate or suspend a User's access to the App at any time, without prior notice or liability, under the following conditions:
a. If the User breaches any of the terms and conditions outlined in this Document.
b. If the Service Provider detects any unauthorized or illegal use of the App by the User.
c. If the User's account is involved in any fraudulent activity.
d. If the User fails to comply with payment obligations related to subscription services.
e. If required by applicable law, regulatory requirements, or due to court orders.
f. If the App is discontinued or substantially modified such that providing access to the User is infeasible or impractical.
Upon termination or suspension, the User's right to use the App will immediately cease. The Service Provider is not liable for any loss or damage arising from such termination or suspension. Users may contact the Service Provider for more information about the reason for termination or suspension and potential remedies, if applicable.
10. Dispute Resolution, Arbitration, And Class Action Waiver
In the event of any dispute, claim, or controversy arising out of or relating to this Document, the User's use of the App, or any other matter related to the User's interaction with the Service Provider, both parties agree to engage in good faith negotiations to resolve the dispute through good faith discussions. If the dispute cannot be resolved through such discussions within sixty (60) days, either party may opt to resolve the dispute through binding arbitration or by pursuing resolution through the courts. Arbitration will be held in accordance with the rules and procedures of the American Arbitration Association (AAA) or any other established arbitration service agreed upon by both parties, with the arbitration taking place in the User’s locale or another mutually agreed upon location. Any arbitration will be conducted by a single arbitrator who shall have experience in the subject matter of the dispute. The decision and award of the arbitrator will be binding, final, and conclusive on all parties and may be entered in any court of competent jurisdiction for enforcement. Both parties understand and agree that, by entering into this agreement, they are waiving the right to a trial by jury. Additionally, both parties agree to waive any right to pursue disputes on a class-wide basis, meaning that any dispute will be resolved on an individual basis only and not as a part of any class action or representative proceeding. This class action waiver is an essential part of the dispute resolution agreement in this Document. The terms outlined herein shall not preclude either party from seeking provisional remedies or injunctions in a court of law for any breach of intellectual property rights, unauthorized use of the App, or any other matter where such relief is appropriate.
11. Governing Law And Jurisdiction
This Document, including without limitation the Terms of Service, End User License Agreement (EULA), and Privacy Policy, will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. The primary party and any Users agree that any legal matters arising out of or relating to this Document or the App will be subject to the exclusive jurisdiction of the courts located in Texas. By using the App, Users consent to personal jurisdiction and venue in these courts and waive any objection to such jurisdiction and venue, including for purposes of enforcing any arbitration award.
12. International Users And Additional Rights
The following provisions are specifically for Users accessing the App outside of the United States. By accessing or using the App outside the U.S., you agree to be bound by these additional terms, which aim to comply with international privacy laws and provide additional protections to users in different jurisdictions. International Users may have additional rights under their local laws, including but not limited to the following:
1. GDPR Compliance: For Users in the European Union, we adhere to the General Data Protection Regulation (GDPR). This includes the right to access your personal data, the right to rectify incorrect or incomplete data, the right to erase your data under certain circumstances, and the right to data portability.
2. Cross-Border Data Transfers: We may transfer your data to countries outside of your region for processing, including to the United States. When we do so, we ensure that appropriate safeguards are in place to protect your data as required by applicable laws.
3. Local Data Protection Laws: Depending on your location, you may have additional rights under local data protection laws. We are committed to complying with these laws and will provide you with the relevant information and tools needed to exercise your rights.
4. International Dispute Resolution: Any disputes arising out of or in connection with the use of the App by International Users will be subject to the dispute resolution mechanisms detailed in this Document, taking into account the local laws that may apply.
5. Language and Accessibility: We strive to make our terms and policies accessible and understandable, regardless of your native language. Should you require any document in a different language or format, please contact our support team.
If you have any questions or need further clarification on your rights as an International User, please contact us at [Contact Information].
13. Notices
All notices, requests, demands, and other communications required or permitted under this Document to the User or the Service Provider shall be in writing. Notices to the User shall be delivered via email to the email address associated with their account or through in-app notifications. It is the User's responsibility to ensure that their email address is up to date and accurate. Notices to the Service Provider shall be sent to the business address or email address provided in the Contact Information section of this Document. Such notices shall be deemed to have been duly given:
a. On the same business day if sent by email, provided the email is not returned as undeliverable.
b. Three (3) business days after being sent by certified mail, postage prepaid, with return receipt requested.
c. Upon actual receipt if sent by courier or other method of hand delivery.
14. Contact Information
For any inquiries, feedback, or legal communications, Users may contact the Service Provider through the official channels listed below. The Service Provider is committed to addressing all User concerns promptly and effectively. Users should utilize these contact details for issues related to the App, including but not limited to, subscription queries, data privacy concerns, or general support needs.
Official Contact Information:
Email Address: support@tryfitcoach.com
Users are encouraged to provide detailed information in their communications to assist the Service Provider in providing a quick and accurate response.
15. Miscellaneous Provisions
a. Severability: In the event that any provision of this Document is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Document shall continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it enforceable or, if modification is not possible, then severed from this Document.
b. Assignment: The Service Provider reserves the right to assign its rights and obligations under this Document, in whole or in part, to any person or entity at any time without notice to the User. The User may not assign or delegate any rights or obligations under this Document without prior written consent from the Service Provider, and any unauthorized assignment by the User shall be null and void.
c. Waiver: No waiver of any term or condition of this Document shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure by the Service Provider to enforce any right or provision under this Document shall not constitute a waiver of that right or provision.
d. Survival: The provisions of this Document that by their nature should survive termination shall remain in effect even after termination or expiration of this Document. These include, but are not limited to, provisions concerning intellectual property rights, liability limitations, indemnification, dispute resolution, and governing law.