Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Upfit mobile application, website, and related services (collectively, the "Service") provided by Upfit ("we," "us," or "our"). By creating an account or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Table of Contents

1. Eligibility and Account
2. Health, Fitness, and Medical Disclaimer
3. AI-Generated Content
4. Assumption of Risk
5. Emergency Disclaimer
6. No Guarantee of Results
7. User Responsibility for Equipment
8. Acceptable Use
9. Intellectual Property
10. Subscriptions and Payments
11. Termination
12. Your Statutory Rights and Non-Excludable Liability
13. Disclaimer of Warranties
14. Limitation of Liability
15. Indemnification
16. Governing Law
17. Dispute Resolution
18. Changes to These Terms
19. Contact

1. Eligibility and Account

You must be at least 16 years old (or the age of digital consent in your jurisdiction) to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information when registering and to keep it up to date.

2. Health, Fitness, and Medical Disclaimer

The Service provides general fitness, workout, and wellness information. It is not a substitute for professional medical advice, diagnosis, or treatment. You are responsible for determining whether participation in any activity offered through the Service is appropriate for you and for obtaining medical advice when necessary. We strongly recommend that you consult a qualified healthcare provider before beginning, modifying, or discontinuing any exercise program, particularly if you have a pre-existing medical condition, are pregnant, are recovering from injury or surgery, or take medication that may affect your ability to exercise.

If at any time during use of the Service you experience pain, dizziness, shortness of breath, chest discomfort, or any other symptom of physical distress, you must stop immediately and seek medical attention.

3. AI-Generated Content

Portions of the Service — including workout plans, exercise recommendations, nutrition guidance, coaching messages, and other personalized content — may be generated, in whole or in part, by artificial intelligence and machine learning systems ("AI Output").

AI Output is generated automatically and may contain errors. Users must independently evaluate all instructions and should not follow any recommendation that appears unsafe, uncomfortable, or inconsistent with their physical capabilities. AI Output is provided for informational and motivational purposes only and does not constitute medical, nutritional, or professional advice. We do not guarantee the accuracy, completeness, suitability, or safety of any AI Output, and you use it at your own discretion and risk.

4. Assumption of Risk

You acknowledge that exercise and physical activity involve inherent risks, including but not limited to sprains, strains, fractures, falls, overexertion, cardiovascular events, heat-related illness, dehydration, equipment failure, and other injuries — up to and including serious bodily harm or death. You voluntarily assume all risks associated with participation in workouts and activities accessed through the Service, whether performed at home, outdoors, in a gym, or in any other environment, and whether suggested by a human, generated by AI, or selected by you.

This assumption of risk applies to you and, to the maximum extent permitted by law, to your heirs, executors, administrators, and assigns.

5. Emergency Disclaimer

The Service is not intended for emergency situations. If you believe you are experiencing a medical emergency, call emergency services immediately. Do not rely on the Service, in-app messaging, AI coaching, or any other feature to obtain urgent medical assistance.

6. No Guarantee of Results

Individual results from fitness and wellness programs vary based on many factors, including genetics, effort, consistency, nutrition, sleep, and pre-existing conditions. We do not guarantee any specific fitness, weight-loss, strength, athletic, aesthetic, or health outcomes from use of the Service. Any testimonials, before/after imagery, or example outcomes shown within the Service or in our marketing materials are illustrative and are not a promise of comparable results for you.

7. User Responsibility for Equipment

You are solely responsible for ensuring that any equipment used in connection with the Service — including but not limited to weights, resistance bands, treadmills, bicycles, benches, mats, wearables, and any other apparatus — is properly assembled, inspected, maintained, and suitable for your intended use. You are responsible for choosing a safe environment in which to exercise, with adequate space, ventilation, flooring, and lighting. We are not responsible for injury, property damage, or other loss arising from defective, improperly assembled, improperly maintained, or unsuitable equipment, or from an unsafe exercise environment.

8. Acceptable Use

You agree not to:

• use the Service in violation of any applicable law or regulation;
• reverse-engineer, decompile, or attempt to extract the source code of the Service;
• upload or transmit content that is unlawful, infringing, defamatory, or harmful;
• interfere with or disrupt the integrity or performance of the Service;
• use the Service to develop a competing product, train machine-learning models, or scrape data without our written permission;
• impersonate any person or misrepresent your affiliation with any person or entity.

9. Intellectual Property

The Service and all related content, software, trademarks, and materials are owned by Upfit or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms. All rights not expressly granted are reserved.

10. Subscriptions and Payments

Certain features of the Service may require a paid subscription. Subscription fees, billing cycles, and renewal terms will be disclosed at the point of purchase. Subscriptions automatically renew unless cancelled before the end of the current billing period, in accordance with the rules of the app store or payment processor through which you subscribed. Except where required by law, payments are non-refundable.

11. Termination

We may suspend or terminate your access to the Service if you materially breach these Terms or if we discontinue the Service. Where reasonably practicable, we will give you reasonable advance notice of any suspension or termination, together with the reason and — where the breach is capable of being remedied — an opportunity to put it right. We may, however, suspend or terminate without prior notice where we reasonably believe that immediate action is necessary, including to protect the safety of users, prevent fraud or other unlawful activity, comply with a legal or regulatory obligation, or protect the security or integrity of the Service.

You may stop using the Service and delete your account at any time. Provisions of these Terms that by their nature should survive termination — including Sections 2 through 7 and Sections 12 through 17 — will survive.

12. Your Statutory Rights and Non-Excludable Liability

Nothing in these Terms is intended to exclude or limit our liability where it would be unlawful to do so. In particular, nothing in these Terms excludes or limits our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• breach of any term implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
• any matter for which it would be unlawful for us to exclude or restrict liability under the Consumer Rights Act 2015, the Unfair Contract Terms Act 1977, or any other applicable consumer-protection law; or
• any other liability that cannot lawfully be excluded or limited.

If you are a consumer, you have statutory rights in relation to digital content and services under the Consumer Rights Act 2015 (and equivalent laws in your country of residence), including rights that goods, digital content, and services be of satisfactory quality, fit for purpose, and as described. Nothing in these Terms affects those statutory rights, and any reference in these Terms to disclaiming, excluding, or limiting our obligations or liability applies only to the maximum extent permitted by applicable law.

13. Disclaimer of Warranties

Subject always to Section 12, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the Service or any AI Output will be uninterrupted, error-free, or safe for any particular user or purpose.

14. Limitation of Liability

Subject always to Section 12, to the maximum extent permitted by law, in no event will Upfit, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of — or inability to use — the Service, even if advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the claim or (b) one hundred U.S. dollars (USD 100).

15. Indemnification

You agree to defend, indemnify, and hold harmless Upfit and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

16. Governing Law

These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of England and Wales, without regard to its conflict-of-laws principles. Nothing in this section deprives you of the protection of the mandatory consumer-protection laws of your country of residence.

17. Dispute Resolution

Please read this section carefully. It affects your legal rights, including, if you are a resident of the United States, your right to bring or participate in a class action.

17.1 Informal resolution first

Before initiating any formal proceedings, you agree to first contact us at legal@upfit.mobile and provide a written description of the dispute, including your name, the email address associated with your account, and the relief you are seeking. You and Upfit will attempt in good faith to resolve the dispute informally within sixty (60) days of our receipt of your notice.

17.2 Users in the United States — binding individual arbitration

If you are a resident of the United States and the dispute is not resolved informally under Section 17.1, you and Upfit agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in English. The seat of arbitration will be the AAA office nearest to your residence, and the proceeding may be conducted in person, by telephone, by video, or based solely on written submissions, at your election. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and Upfit agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. This waiver is an essential part of the parties' arbitration agreement; if a court determines that it is unenforceable as to any particular claim or remedy, then that claim or remedy (and only that claim or remedy) will be severed and brought in court, while all other claims will proceed in arbitration.

Carve-outs. Notwithstanding the foregoing, either party may (a) bring an individual claim in a small-claims court of competent jurisdiction for disputes that qualify, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property rights or confidential information pending the outcome of arbitration.

30-day right to opt out. You may opt out of this Section 17.2 by sending written notice to legal@upfit.mobile within thirty (30) days of first accepting these Terms. The notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms; if you opt out, Section 17.3 will apply to your disputes instead.

17.3 Users outside the United States — courts of England and Wales

If you are not a resident of the United States (or if you have validly opted out of Section 17.2), you and Upfit agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute arising out of or relating to these Terms or the Service, except where mandatory consumer-protection law of your country of residence gives you the right to bring proceedings in the courts of that country. In that case, you may bring proceedings in either the courts of England and Wales or the courts of your country of residence.

17.4 Time limit

To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose; otherwise it is permanently barred.

18. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, where the changes are material, provide additional notice (for example, by in-app notification or email). Your continued use of the Service after the updated Terms take effect constitutes acceptance of the changes.

19. Contact

If you have questions about these Terms, contact us at legal@upfit.mobile.