Terms of Service

1. Agreement to Terms

By accessing or using MyFitnessGoals ("the App"), operated by MyFitnessGoals ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our App.

These Terms constitute a legally binding agreement between you and MyFitnessGoals. These Terms apply to all visitors, users, and others who access or use the App, including our mobile applications and web platform.

BY USING THE APP, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS.

2. Description of Service

MyFitnessGoals is a fitness tracking application that allows users to:

• Create and track personalized workout routines
• Monitor exercise progress and fitness goals
• Access trainer features and client management tools
• Communicate with trainers and other users via messaging features
• Share images, progress photos, and other media
• Store and manage fitness-related data

3. User Accounts

3.1 Account Creation

To access certain features of the App, 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 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3.3 Age Requirements

You must be at least 16 years old to use this App. If you are under 18, you represent that you have your parent or guardian's permission to use the App and that they have read and agree to these Terms.

3.4 One Account Per Person

You may only maintain one active account. Creating multiple accounts to evade bans, restrictions, or for any other purpose is prohibited and may result in permanent termination of all accounts.

4. Subscriptions and Payments

4.1 Subscription Plans

Some features of the App require a paid subscription. By subscribing to a paid plan, you agree to pay the applicable fees as described at the time of purchase.

4.2 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By making a purchase, you agree to Stripe's Terms of Service and Privacy Policy. We do not store your full credit card information on our servers.

4.3 Billing Cycle

Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). Your subscription will automatically renew unless cancelled before the renewal date.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will retain access to premium features until the end of your paid period.

4.5 Refunds

Refund requests are handled on a case-by-case basis. If you believe you are entitled to a refund, please contact us at budalic@hotfix-doo.com within 14 days of your purchase.

5. User Content and Communications

5.1 Definition of User Content

"User Content" means any content you submit, post, upload, share, or transmit through the App, including but not limited to:

• Chat messages and communications with trainers or other users
• Photos, images, and progress pictures
• Workout data, routines, and fitness information
• Profile information and biographical data
• Comments, feedback, and reviews
• Any other materials you upload or share

5.2 Your Responsibility for User Content

YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL USER CONTENT YOU CREATE, UPLOAD, POST, OR SHARE THROUGH THE APP. This includes all messages sent through chat features and all images uploaded to the platform.

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit
• Your User Content does not violate the privacy, publicity, intellectual property, or other rights of any third party
• Your User Content complies with these Terms and all applicable laws
• You have obtained consent from any individuals depicted in photos or images you upload

5.3 License to User Content

By submitting User Content, you grant MyFitnessGoals a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purpose of operating, developing, providing, and improving the App and our services.

5.4 No Endorsement

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content. We are not responsible for any User Content posted by users, and any reliance on such content is at your own risk.

5.5 User Communications

The App provides messaging and communication features between users (such as trainer-client communications). You acknowledge that:

• We do not monitor or pre-screen all communications but reserve the right to do so
• We are not responsible for the content of messages exchanged between users
• Communications may be stored on our servers as described in our Privacy Policy
• You must not use communication features for any illegal or prohibited purpose

6. Prohibited Content and Conduct

You agree NOT to upload, post, share, or transmit any User Content or engage in any conduct that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Contains sexually explicit or pornographic material
• Depicts or promotes violence, self-harm, or harm to others
• Contains nudity (except as may be appropriate for fitness progress photos, which must comply with community standards)
• Promotes racism, bigotry, hatred, or physical harm against any individual or group
• Harasses, bullies, intimidates, or stalks any person
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
• Contains unsolicited advertising, spam, or promotional material
• Impersonates any person or entity or misrepresents your affiliation
• Contains viruses, malware, or any harmful code
• Violates the privacy of others or shares personal information without consent
• Solicits personal information from minors
• Promotes illegal activities or substances
• Interferes with the proper functioning of the App

Violation of these prohibitions may result in immediate termination of your account and may be reported to law enforcement authorities where appropriate.

7. Content Moderation and Removal

7.1 Right to Remove Content

We reserve the right, but have no obligation, to monitor, review, or remove any User Content at our sole discretion, without notice, for any reason, including but not limited to content that we believe violates these Terms or is otherwise objectionable.

7.2 Reporting Violations

If you encounter User Content that you believe violates these Terms, please report it to us immediately at budalic@hotfix-doo.com. We will review reports and take appropriate action.

7.3 No Liability for Removal

We are not liable for any removal or failure to remove any User Content. We make no guarantee regarding the timeliness of content removal.

8. Copyright and Intellectual Property

8.1 Respect for Intellectual Property

We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement in accordance with applicable law, including the EU Copyright Directive and E-Commerce Directive.

8.2 Copyright Infringement Reporting

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us with the following information:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and its location on the App
• Your contact information (name, address, and email address)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner

Send copyright notices to: budalic@hotfix-doo.com

8.3 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat infringers.

9. Acceptable Use Policy

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any portion of the App or any other systems or networks
• Interfere with or disrupt the App or servers or networks connected to the App
• Upload or transmit viruses, malware, or other malicious code
• Use the App to harass, abuse, or harm another person
• Impersonate any person or entity or falsely state or misrepresent your affiliation
• Use automated means (bots, scrapers, etc.) to access the App without our express permission
• Reverse engineer, decompile, or disassemble any portion of the App
• Collect or harvest any information from other users without their consent
• Use the communication features to send unsolicited commercial messages
• Circumvent any measures we use to restrict access to the App

10. Intellectual Property

The App and its original content, features, and functionality (excluding User Content) are owned by MyFitnessGoals and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our App without our prior written consent.

11. Third-Party Services and Links

The App may contain links to third-party websites or services that are not owned or controlled by MyFitnessGoals. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party content, goods, or services.

12. Health Disclaimer

THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or fitness program.

Never disregard professional medical advice or delay in seeking it because of something you have read or tracked in this App. If you think you may have a medical emergency, call your doctor or emergency services immediately.

You acknowledge that exercise carries inherent risks and you assume full responsibility for any injuries or damages that may occur during your use of workout routines or fitness plans tracked in the App.

Advice or information provided by trainers through the App does not constitute medical advice. Trainers using the App are independent contractors and not employees of MyFitnessGoals.

13. Disclaimer of Warranties

THE APP 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.

We do not warrant that:

• The App will be uninterrupted, secure, or error-free
• Defects will be corrected
• The App is free of viruses or other harmful components
• User Content will be accurate, reliable, or appropriate
• Communications between users will be private or secure

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYFITNESSGOALS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, or other intangible losses
• Your access to or use of (or inability to access or use) the App
• Any conduct or content of any user or third party on the App
• Any User Content posted, uploaded, or shared by any user
• Any communications between users through the App
• Unauthorized access, use, or alteration of your transmissions or content
• Any injuries or damages resulting from fitness activities

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

15. Indemnification

You agree to indemnify, defend, and hold harmless MyFitnessGoals and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising out of or in any way connected with:

• Your access to or use of the App
• Your User Content, including any images, messages, or other materials you upload or share
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your communications with other users
• Any claim that your User Content caused damage to a third party
• Your violation of any applicable laws or regulations

This indemnification obligation will survive the termination of these Terms and your use of the App.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before filing any legal claim, you agree to first contact us at budalic@hotfix-doo.com and attempt to resolve the dispute informally for at least 30 days.

16.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

16.3 Class Action Waiver

YOU AND MYFITNESSGOALS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. Termination

We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Uploading prohibited content
• Harassment of other users
• Fraudulent or illegal activity
• At our sole discretion

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

You may delete your account at any time through your account settings. Upon account deletion, we will delete your personal data in accordance with our Privacy Policy.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last updated" date. For significant changes, we may also notify you via email or through the App.

Your continued use of the App after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the App.

19. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising under these Terms that are not subject to arbitration shall be resolved in the courts of competent jurisdiction.

20. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MyFitnessGoals regarding the use of the App and supersede all prior agreements and understandings.

22. Contact Us

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

Email: budalic@hotfix-doo.com

Website: https://myfitnessgoals.app