Terms of Service

1.1 FitnessKit provides a comprehensive fitness tracking and workout management platform that allows users to log workouts, track progress, set goals, and access fitness-related content (collectively, the "Service").

1.2 The Service includes our website, mobile applications, APIs, and any other software or services provided by FitnessKit.

1.3 We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

2.1 You must be at least 13 years of age to use the Service. If you are under 18, you must have your parent or legal guardian's permission to use the Service, and they must agree to these Terms on your behalf.

2.2 By using the Service, you represent and warrant that: (a) you have the legal capacity to enter into these Terms; (b) you are not barred from using the Service under any applicable law; and (c) all information you provide is accurate and complete.

2.3 If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.

3.1 To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or incomplete, or if you have violated these Terms.

4.1 The Service offers both free and paid subscription plans. By selecting a paid plan, you agree to pay all applicable fees as described on our pricing page.

4.2 All payments are processed through secure third-party payment processors. We do not store your complete payment card information.

4.3 Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date. You may cancel your subscription at any time through your account settings.

4.4 All fees are non-refundable except where required by applicable law or as explicitly stated in our refund policy.

4.5 We reserve the right to change our fees upon reasonable notice. Any fee changes will apply to the next billing cycle after the change takes effect.

4.6 If you purchased a subscription through the App Store (iOS), you may also cancel your subscription through your Apple ID account settings at Settings > Apple ID > Subscriptions. Cancellation must be made at least 24 hours before the renewal date to avoid being charged for the next billing period.

5.1 You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers or networks.

5.2 You may not:

• Attempt to access, tamper with, or use non-public areas of the Service
• Use any robot, spider, or other automated means to access the Service
• Transmit any viruses, worms, defects, or other harmful items
• Interfere with or circumvent any security features of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to harass, abuse, or harm another person

5.3 We reserve the right to investigate and take appropriate legal action against anyone who violates these restrictions.

6.1 "User Content" means any content, including workout data, photos, comments, and profile information, that you upload, post, or transmit through the Service.

6.2 You retain ownership of your User Content. By providing User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and display such content solely for the purpose of operating and improving the Service.

6.3 You represent and warrant that: (a) you own or have the necessary rights to your User Content; (b) your User Content does not violate the rights of any third party; and (c) your User Content complies with these Terms and all applicable laws.

6.4 We reserve the right, but not the obligation, to review, monitor, or remove User Content at our sole discretion.

7.1 Our collection and use of personal information is governed by our Privacy Policy.

7.2 We implement industry-standard security measures to protect your data. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.

7.3 You are responsible for maintaining the security of your account credentials and for any activity that occurs under your account.

8.1 The Service and its original content, features, and functionality are owned by FitnessKitand are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 You are granted a limited, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use subject to these Terms.

8.3 You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any part of the Service without our prior written consent.

9.1 The Service may contain links to third-party websites or services that are not owned or controlled by FitnessKit.

9.2 We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

9.3 You acknowledge and agree that FitnessKit shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

10.1 You may terminate your account at any time by following the instructions in your account settings or by contacting us.

10.2 We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.

10.3 Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

10.4 Account Deletion. In accordance with App Store requirements, you may delete your account and associated personal data at any time through your account settings in the app. Account deletion is permanent and will remove your profile, workout history, and personal information from our active systems within a reasonable timeframe. Some data may be retained as required by law or for legitimate business purposes (e.g., fraud prevention, financial records).

11.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 We do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results from using the Service will be accurate or reliable; (c) any errors in the Service will be corrected.

11.3 Any health or fitness information provided through the Service is for informational purposes only and does not constitute medical advice. Always consult a healthcare professional before beginning any exercise program.

12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FITNESSKIT, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

12.2 Our total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid us, if any, during the twelve (12) months immediately preceding the event giving rise to the liability.

12.3 Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

13.1 You agree to defend, indemnify, and hold harmless FitnessKit and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.

14.1 These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

14.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.3 If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

15.2 If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

15.3 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

16.1 If you have any questions about these Terms, please contact us at:

Email: hello@fitnesskitapp.com