Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and FitFlow Digital LLC ("FitFlow," "we," "us," or "our") concerning your access to and use of the FitFlow platform, including our website, mobile applications, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all users of the Service, including without limitation users who are browsers, trainers, clients, customers, and/or contributors of content.

2. Use of Service

2.1 Eligibility

You must be at least 13 years old to use our Service. If you are between 13 and 18 years old, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using the Service, you represent and warrant that:

• You have the legal capacity to enter into these Terms
• You are not located in a country that is subject to a U.S. Government embargo
• You are not on any U.S. Government list of prohibited or restricted parties
• You will comply with all applicable laws and regulations

2.2 Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Provide false, inaccurate, or misleading information
• Impersonate any person or entity or misrepresent your affiliation
• Upload or transmit viruses, malware, or other harmful code
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any portion of the Service
• Harass, abuse, or harm another person or entity
• Collect or harvest user information without permission
• Use the Service for any illegal or unauthorized purpose
• Engage in any activity that could damage our reputation or business

2.3 Service Modifications

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

3. User Accounts

3.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized use of your account

3.2 Account Types

FitFlow offers different account types with varying features and permissions:

• Trainer Accounts: For fitness professionals providing training services
• Client Accounts: For individuals receiving training services
• Organization Accounts: For gyms and fitness businesses (coming soon)

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason at our sole discretion. You may also delete your account at any time through the account settings or by contacting support.

4. Additional Terms for Trainers

4.1 Trainer Responsibilities

If you use FitFlow as a fitness trainer, you additionally agree to:

• Maintain appropriate certifications and qualifications for fitness training
• Carry adequate professional liability insurance
• Provide accurate information about your qualifications and experience
• Conduct proper health screenings and assessments of clients
• Provide safe and appropriate exercise programming
• Maintain client confidentiality and privacy
• Comply with all applicable professional standards and ethics
• Obtain necessary consents for working with minors

4.2 Independent Contractor Status

Trainers using FitFlow are independent contractors, not employees of FitFlow. Nothing in these Terms creates an employment, agency, joint venture, or partnership relationship between trainers and FitFlow.

4.3 Client Relationships

Trainers are solely responsible for their relationships with clients, including:

• Setting and collecting fees (if using external payment methods)
• Establishing training agreements and policies
• Ensuring client safety and proper form
• Managing scheduling and cancellations
• Obtaining liability waivers and medical clearances

5. Payment Terms

5.1 Subscription Fees

Access to certain features requires a paid subscription. By subscribing, you agree to:

• Pay all applicable fees according to the selected plan
• Provide valid payment information
• Authorize automatic recurring charges
• Be responsible for all taxes and fees

5.2 Billing and Renewal

Subscriptions automatically renew unless canceled before the renewal date. We will charge your payment method on file at the beginning of each billing cycle. You can cancel your subscription at any time through your account settings.

5.3 Refund Policy

We offer a 14-day money-back guarantee for new subscriptions. After this period, payments are non-refundable except as required by law. Canceling your subscription will prevent future charges but will not refund the current billing period.

5.4 Payment Processing

Payment processing is handled by Stripe, a third-party payment processor. By providing payment information, you agree to Stripe's terms of service and privacy policy. We do not store credit card information on our servers.

5.5 Price Changes

We reserve the right to change subscription prices with 30 days' notice. Price changes will take effect at the start of your next billing cycle after the notice period.

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of content you create and upload to the Service ("Your Content"), including workout programs, exercise descriptions, and client notes. By uploading Your Content, you grant FitFlow a worldwide, non-exclusive, royalty-free license to:

• Host, store, and display Your Content
• Share Your Content with authorized users (e.g., your clients)
• Create backups and archives
• Improve our Service using aggregated, anonymized data

6.2 FitFlow Content

The Service and its original content (excluding Your Content), features, and functionality are owned by FitFlow and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.3 Prohibited Content

You agree not to upload or share content that:

• Infringes on any third-party intellectual property rights
• Contains unlawful, harmful, or offensive material
• Promotes dangerous or harmful activities
• Contains medical advice beyond your scope of practice
• Violates any person's privacy or publicity rights

6.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service become the property of FitFlow, and we may use them without restriction or compensation to you.

7. Health and Fitness Disclaimers

7.1 No Medical Advice

FitFlow provides tools for fitness professionals and their clients. We do not provide medical advice, diagnosis, or treatment. The Service should not be used to diagnose, treat, cure, or prevent any disease or medical condition.

7.2 Assumption of Risk

You acknowledge that participation in exercise and fitness activities involves inherent risks, including the risk of injury, illness, or death. You voluntarily assume all risks associated with using the Service and following any workout programs or advice provided through the platform.

7.3 Consult Healthcare Providers

Before beginning any exercise program, you should consult with a qualified healthcare provider, especially if you:

• Have any chronic medical conditions
• Take prescription medications
• Have been sedentary for an extended period
• Are pregnant or postpartum
• Have any injuries or physical limitations
• Are over 40 years old and unaccustomed to exercise

7.4 No Guarantee of Results

FitFlow makes no guarantees regarding specific fitness results or outcomes. Individual results vary based on numerous factors including genetics, effort, adherence, nutrition, and other lifestyle factors.

8. Limitation of Liability

8.1 Disclaimer of Warranties

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

8.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FITFLOW AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, or use
• Personal injury or property damage
• Substitute services costs
• Any damages related to your use of the Service

IN NO EVENT SHALL FITFLOW'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO FITFLOW IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

8.3 Indemnification

You agree to indemnify, defend, and hold harmless FitFlow and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or activities on the platform
• Any harm caused to third parties through your use of the Service

9. Termination

9.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Requesting account deletion via support@fitflow.digital
• Ceasing to use the Service

9.2 Termination by FitFlow

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you:

• Breach these Terms
• Provide false or misleading information
• Engage in fraudulent activities
• Violate applicable laws or regulations
• Harm or potentially harm other users

9.3 Effect of Termination

Upon termination:

• Your right to use the Service will cease immediately
• We may delete your account and associated data
• You remain liable for any outstanding fees
• Provisions that should survive termination will remain in effect

10. General Provisions

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Delaware.

10.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment may be entered in any court having jurisdiction.

10.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10.4 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision shall not constitute a waiver of such right or provision.

10.5 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and FitFlow regarding the use of the Service.

10.6 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

11. Contact Information

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