Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") form a binding agreement between you and Upfit ("we", "us", "our") governing your access to and use of the Upfit mobile application and any related services, features, and content (collectively, the "Service").

By creating an account, signing in, tapping "Continue", or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 16 years old to use the Service. If you are between 16 and the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and accepted these Terms on your behalf.

You must also be physically able to exercise safely without medical supervision. The Service is not designed for and must not be used by anyone with a medical condition, injury, pregnancy complication, or other physical limitation that could be aggravated by exercise, unless a qualified medical professional has cleared such use.

3. Medical Disclaimer — Read This Carefully

Upfit is not a medical device, a medical professional, or a substitute for medical advice. The Service provides general fitness coaching, exercise suggestions, and form feedback using artificial intelligence. It does not diagnose, treat, cure, or prevent any disease or injury.

You acknowledge and agree that:

• Consult a physician before starting. You should consult a qualified healthcare professional before beginning any exercise program, particularly if you have any pre-existing medical condition, are recovering from injury, are pregnant or postpartum, or have not exercised regularly.
• Exercise carries inherent risk. Physical activity can cause injury, aggravate existing conditions, or in rare cases cause serious medical events. You assume full responsibility for that risk.
• Stop if something hurts. If you experience pain, dizziness, shortness of breath, chest pain, or any other concerning symptom during a workout, stop immediately and seek medical attention.
• AI form feedback is not guaranteed to be correct. Our AI reviews your movement via your device's camera and provides corrective cues. This analysis is approximate, can be wrong, and does not account for every medical or biomechanical factor. You are responsible for judging whether any cue is safe for you to follow.
• Your environment is your responsibility. Clear adequate space, use appropriate footwear and equipment, and do not exercise on unsafe surfaces or around obstacles.

4. Your Account

You may sign in using Google, Apple, or as an anonymous guest. You are responsible for:

• Providing accurate information during onboarding (including gender, weight, height, age, and goals, which the AI uses to personalize your plan).
• Maintaining the confidentiality of any credentials associated with your linked provider.
• All activity that occurs under your account.

If you sign in anonymously and later link a Google or Apple identity, your existing data will be associated with the linked identity.

You must notify us promptly if you suspect unauthorized access to your account.

5. Camera, Voice, and Sensor Data

To function, the Service requires access to your device's camera, microphone, and sensors during workouts. By using the Service you consent to:

• The camera capturing video of you while a workout session is active, for the purpose of real-time form analysis.
• The microphone capturing audio to support voice-driven interaction with the AI trainer.
• Processing of this data in real time, including transmission to our real-time voice and vision infrastructure providers.

Details of what is stored, how long, and with whom it is shared are described in our Privacy Policy. You are responsible for ensuring that anyone else visible in your camera frame has consented to being recorded.

6. Subscriptions, Billing, and Cancellation

Some features of the Service are available only through a paid subscription. If you purchase a subscription:

• Where you pay. Subscriptions are sold through the Apple App Store or Google Play Store, under each platform's standard billing terms. Payment is charged to your App Store or Google Play account at confirmation of purchase.
• Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period.
• How to cancel. You can cancel at any time from your Apple ID or Google Play account settings. Cancellation takes effect at the end of the current paid period; you will retain access until then.
• Free trials. If we offer a free trial, it will automatically convert to a paid subscription at the end of the trial unless you cancel before the trial ends.
• Price changes. We may change subscription prices. Any change will take effect at the start of your next billing cycle and you will be given advance notice and the opportunity to cancel.
• Refunds. All payments are final and non-refundable except where required by applicable law, or where the platform (Apple or Google) approves a refund under its own policies. We do not issue refunds directly.
• Promo codes and referrals. Promotional codes may be provided from time to time, have no cash value, and may be revoked at any time.

7. Acceptable Use

You agree not to:

• Use the Service in a way that violates any law or infringes anyone's rights.
• Use the Service while operating a vehicle or in any situation where distraction could cause harm.
• Attempt to reverse-engineer, decompile, copy, modify, or create derivative works of the Service except to the extent permitted by applicable law.
• Scrape, crawl, or otherwise programmatically access the Service without written permission.
• Interfere with or disrupt the Service, including by attempting to overload infrastructure, exploit bugs, or bypass rate limits.
• Use the Service to harass, impersonate, or record another person without their consent.
• Share, resell, or sublicense your account access.

We may suspend or terminate access for violation of this section.

8. Intellectual Property

The Service, including all software, text, graphics, the Upfit name and logo, workout content, AI prompts and models, and user interface, is owned by us or our licensors and protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial use, subject to these Terms.

Nothing in these Terms transfers ownership of any intellectual property to you.

9. Your Content

You retain ownership of any content you submit through the Service, including workout history, preferences, and any media recorded during sessions ("Your Content"). By submitting Your Content you grant us a worldwide, royalty-free license to host, store, process, analyze, and display Your Content as needed to operate, improve, and personalize the Service for you. We do not claim ownership of Your Content.

We may use aggregated, de-identified data derived from Your Content to improve our models and the Service generally.

10. AI-Generated Output

The Service uses artificial intelligence to generate workout plans, voice cues, and form feedback ("AI Output"). AI Output:

• May be incorrect, incomplete, or inappropriate for your situation.
• Is not personalized medical, nutritional, or physical therapy advice.
• Should be evaluated with judgment. Do not follow any cue that feels unsafe.

You are responsible for how you act on AI Output.

11. Third-Party Services

The Service integrates third-party services including but not limited to Apple, Google, Supabase, LiveKit, Superwall, and Mixpanel. Your use of those services through Upfit is also subject to their terms and privacy policies. We are not responsible for the availability, accuracy, or conduct of third-party services.

12. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, error-free, or that AI Output will be accurate, complete, or appropriate for your needs.

13. Limitation of Liability

To the fullest extent permitted by law, in no event will Upfit, its officers, employees, contractors, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or personal injury, arising out of or related to your use of the Service — even if advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or related to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) fifty U.S. dollars ($50).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless Upfit and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or of any right of a third party; or (d) any bodily injury, property damage, or health consequence arising from your physical activity while using the Service.

15. Termination

You may stop using the Service and delete your account at any time from the profile screen in the app.

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or to protect the integrity or safety of the Service or other users.

Sections that by their nature should survive termination (including Sections 3, 8, 9, 10, 12, 13, 14, 17, and 18) will survive.

16. Changes to the Service or these Terms

We may modify the Service or these Terms at any time. If we make material changes to these Terms, we will notify you in-app or by email and update the "Last updated" date above. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of [INSERT JURISDICTION — e.g., the State of Delaware, USA], without regard to its conflict-of-laws rules.

Any dispute arising out of or relating to these Terms or the Service will first be attempted to be resolved informally by contacting us at legal@upfit.mobile. If not resolved within 30 days, the dispute will be resolved by [INSERT DISPUTE MECHANISM — e.g., binding individual arbitration under the rules of [arbitration body], seated in [city], in English, on an individual basis. Class actions and class arbitrations are waived to the extent permitted by law.]

Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect its intellectual property rights.

18. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of that provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Apple-specific terms. If you obtained the app from the Apple App Store, you acknowledge that these Terms are between you and us only, not Apple; Apple has no obligation to provide support for the Service; and Apple is a third-party beneficiary of these Terms entitled to enforce them against you.
• Google-specific terms. If you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

19. Contact

Questions about these Terms can be sent to: