1.      Introduction ‍

Welcome to Fit-X (the "App"). These Terms and Conditions ("Terms") govern your use of the App, which is provided by Fit-X LLC ("we," "us," or "our"). By using the App, you agree to be bound by these Terms. If you disagree, please do not access or use the App.

2.      Eligibility ‍

You must be 18 years or older to use the App. By using it, you confirm that you meet this age requirement. Persons under the age of 18 are not permitted to access or use the App.

3.      Account Registration

You must register an account (“Fit-X Account”) to use the App. You agree to provide accurate information and update it as needed. You are responsible for the security of your Fit-X Account and all actions taken under your credentials.

4.      Use of the App

4.1  Grant of License

Fit-X LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the App, and (2) access and view the Fit-X Content (as defined in Section 7 herein) as authorized in these Terms.

4.2  Personal Use

The App is intended for personal use only. You agree not to use the App for any commercial purposes without our prior written consent.

4.3  Prohibited Activities

You agree not to:

- Use the App for any illegal purpose.

- Attempt to gain unauthorized access to the App or its related systems or networks.

- Interfere with or disrupt the operation of the App.

- Upload or transmit any viruses, malware, or other harmful code.

- Use any automated system, including "robots," "spiders," or "offline readers," to access the App.

5.      Use of the App At Your Own Risk

If you rely on the App or any Fit-X Content ((as defined in Section 7 herein), you do so solely at your own risk.

The App provides personalized fitness and training recommendations using artificial intelligence ("AI"). While we strive to provide accurate and helpful information, we make no endorsement, representation, or warranty of any kind about the App, or about any Fit-X Content, information, or services. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the App.

The AI-generated content is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult with a healthcare professional before starting any new fitness program. We are not responsible for any health problems that may result from fitness programs, the use of fitness equipment, consultations, products, or events you learn about through the App. If you engage in any fitness program or recommendation you receive or learn about through the App, you agree that you do so at your own risk and are voluntarily participating in these activities.

6.      Privacy

Please review our standalone Privacy Policy to understand how we collect, use, and protect your personal data. By registering for a Fit-X Account, or accessing or using the App, you acknowledge that you have had the opportunity to review our Privacy Policy, and you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.

7.      Intellectual Property

All content and materials available on the App, including but not limited to text, graphics, logos, icons, images, fitness regimens, fitness recommendations, software, and other content or materials generated, provided, or otherwise made available through the App (collectively, the “Fit-X Content”), are the property of Fit-X LLC or its licensors. The App, its underlying technology, and the Fit-X Content are protected by copyright, patent, trademark, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms.  You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App without our prior written consent.  You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App. 

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fit-X LLC or its licensors, except for the licenses and rights expressly granted in these Terms.

8.      Third-Party Services

The Fit-X Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Fit-X’s control. This may include the opportunity for you to link your Fit-X Account or the App with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with your Fit-X Account or the App are not part of the App and are not controlled by Fit-X, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Fit-X Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services. ‍

9.      Disclaimers

The App is provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, regarding the App, including but not limited to its accuracy, reliability, completeness, or timeliness. We disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

10. Limitation of Liability

To the fullest extent permitted by law, Fit-X LLC and its affiliates, directors, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, service interruption, or other intangible losses, resulting from your use of or inability to use the App, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIT-X LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL FIT-X LLC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO FIT-X LLC FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100 USD), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FIT-X LLC, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FIT-X LLC AND YOU.

IF YOU ARE LOCATED IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Fit-X LLC and its affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App.

We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Governing Law and Dispute Resolution

These Terms and your use of the App will be governed by and construed in accordance with the laws of Delaware, including the Uniform Arbitration Act (10 Del. C. § 5701 et seq.), without regard to its conflict of law principles.

Each party consents to submit all disputes arising under these Terms and Conditions (excluding requests for injunction) exclusively to the American Arbitration Association (AAA) for binding arbitration. The arbitration shall be governed by the United States Arbitration Act, shall be conducted in Delaware, and judgment on the award may be entered by any court having jurisdiction. The arbitrator shall not limit, expand or modify the terms of these Terms. All requests by any party to a court for interim protection (including any request for injunction) shall be subject to the exclusive jurisdiction of and venue of any of the state or federal courts sitting in Delaware, and shall not affect either party’s obligation hereunder to arbitrate all other disputes. Each party shall bear its own expenses and an equal share of all arbitration fees and costs. The arbitrator(s) shall be competent in the legal and technical aspects of the subject matter of these Terms. The arbitration hearings, orders and awards shall be held in confidence by all participants. 

You may only resolve disputes with Fit-X LLC on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the  App or the Fit-X Content must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

13. Changes to the App

Fit-X LLC may change or discontinue, temporarily or permanently, any feature, component, or content of the App at any time without notice. We are not liable to you or to any third party for any suspension, modification, or discontinuance of any feature, component, or content of the App. We reserve the right to determine the timing, content, and release of any software updates.

14. Changes to Terms

We may update these Terms and our Privacy Policy from time to time in our sole discretion. If we make material changes, we will notify you by posting the updated Terms or Privacy Policy on the App or through other communications. Your continued use of the App after the effective date of the update constitutes your acceptance of the changes.

15. Termination

We reserve the right to suspend or deactivate your Fit-X Account or your access to certain aspects or all of the App, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove any information related to your Fit-X Account.

You may close your Fit-X Account at any time by contacting support@fit-x.tech.

The following sections will survive the termination of these Terms: 4.3, 5, 6, 7, 8, 9, 10, 11, 12,14, and 15.

16. Contact Information

If you have any questions about these Terms, please contact us at support@fit-x.tech.

This Privacy Policy sets forth Fit-X LLC's ("Fit-X", "we", "us" and/or "our") privacy policy with respect to your ("you" and/or "your") personal data ("Personal Data") and other information collected while using Fit-X devices, services, web sites, applications and other Fit-X offerings (The "Fit-X Products" or "Products").

Information We Collect:When you use our Products, we may collect Personal Data and other information from you. We collect Personal Data from you when you voluntarily choose to provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Fit-X Products or use certain Fit-X Products. The types of Personal Data we may collect are name, email address, age, gender, height, weight, and other physiologic and activity data.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Fit-X and the authorized third parties referred to herein.

Non-Identifiable Data: When you use Fit-X Products and interact with Fit-X, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot be used to specifically identify you. Fit-X may store such information itself or it may be included in databases owned and maintained by Fit-X affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our web site, the number of visitors to each page of our web site, and the domain names of our visitors' Internet service providers.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Fit-X Products, Fit-X often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Fit-X may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Fit-X may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.

Cookies: In operating our Products, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our website gives to your browser when you access our website. Our cookies help provide additional functionality to our website and help us analyze usage of the site more accurately. For instance, our website may set a cookie on your browser that keeps you from needing to remember and then enter a password more than once during a visit to the website. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off.

Our Use of Your Personal Data and Other Information

Fit-X and its subsidiaries and affiliates (the "Related Companies") use the Personal Data and other information you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem.

Fit-X and its Related Companies may also use your Personal Data and other personally non-identifiable information to help us improve the content and functionality of our Products, to better understand our users and to improve our support of you. Fit-X and its Related Companies may use this information to contact you in the future to tell you about Products we believe will be of interest to you.

Our Disclosure of Your Personal Data and Other Information

Fit-X is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets, provided it remains subject to this Privacy Policy (or a substitute policy that you accept or fail to opt-out of).

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy; in such cases, our Related Companies will be required to comply with this Privacy Policy.

Agents, Consultants and Related Third Parties: Fit-X, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples include maintaining databases and processing payments. When we employ another to perform a function of this nature, we only provide them with the information that they need to perform their specific function and obligate them to respect our privacy commitments to you.

Account Sponsors: In many cases our users are introduced to us through third parties who are responsible for their participation in and use of the Fit-X Products and who monitor their use. If your account with us has been created by or through the involvement of such a third party, such as your employer, health plan or fitness center, you should have been informed whether they have full or partial access to and/or monitor your Personal Data. If you are unsure of whether they can access your Personal Data, how they use this data or whom they share it with, or you want to disable or control their access, you must contact them directly.

Legal Requirements: Fit-X may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Fit-X, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Your Choices: You can use the Fit-X Products without providing any Personal Data; however, you may not be able to use all the Fit-X Products or all available Product functionality if you do so.

Exclusions: This Privacy Policy does not apply to any personal data or information received by Fit-X other than Personal Data deliberately collected through Fit-X Products. For example, this Privacy Policy shall not apply to any unsolicited information you provide to Fit-X or through any other means. This includes, but is not limited to, information posted to any public areas, such as bulletin boards (collectively, "Public Areas"), ideas for new products or modifications to existing Products, and other unsolicited submissions (collectively, "Unsolicited Information"). All such Unsolicited Information shall be deemed to be non-confidential and Fit-X shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Children

Fit-X does not knowingly collect Personal Data from children under the age of 13 without approval of a parent or legal guardian. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Data to Fit-X without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Fit-X without the consent of a parent or legal guardian, please contact us, and we will endeavor to delete that information from our databases.

Third Party Users and Links

This Privacy Policy applies only to the Fit-X Products and only to use of your Personal Data and other information by Fit-X and its Related Companies and providers as set forth herein. Fit-X Products may frame or contain references or links to other websites not operated or controlled by Fit-X, and your account may be set up to allow access by parties not controlled or related to Fit-X (see "Account Sponsors" above), such as your employer, fitness center or health care provider (each of such uncontrolled persons, a "Third Party"). The policies and procedures we described here do not apply to the websites, services, policies or practices of Third Parties and the links from our Products do not imply

Fit-X's review or endorsement of any Third Party site, services, policies or practices. We suggest contacting those Third Party Sites directly for information on their privacy policies.

Security

Fit-X takes reasonable steps to protect your Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us. Please keep this in mind when disclosing any Personal Data to Fit-X via email and/or the Internet.

Other Terms and Conditions

Your access to and use of Fit-X Products is subject to the Terms of Use.

Changes to Fit-X's Privacy Policy

Our Products and business may change from time to time. As a result, at times it may be necessary for Fit-X to make changes to this Privacy Policy. Fit-X reserves the right to update or modify this Privacy Policy at any time and from time to time by providing you with notice, including by email to your last known email address, posting the changed policy on our website, or other means. Please review this policy periodically, and especially before you provide any Personal Data. Your continued use of the Fit-X Products after notice of any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information; Contacting Fit-X

To keep your Personal Data accurate, current, and complete, please contact us at: support@fit-x.tech. We will take reasonable steps to update or correct Personal Data in our possession. Please also feel free to contact us if you have any questions about Fit-X's Privacy Policy.

1.      Introduction

Fit-X LLC (the "App") collects personal data to provide personalized fitness recommendations and improve our services. We are committed to safeguarding your privacy. Fit-X is a fitness and wellness application and does not provide medical advice, diagnosis, or treatment. All data collected is used solely for fitness training, performance tracking, and user experience improvement.

2.      Data We Collect

We will collect the following data:

-          Name, email, age, height, weight

-          Gender (optional; used solely to improve fitness training personalization)

-          Affiliated gym(s)

-          Workout data including experience level, goals and performance

3.      Purpose of Data Collection

We use your data to:

-          Create and manage your Fit-X Account.

-          Provide personalized fitness and training recommendations.

-          Track and analyze your workout progress.

-          Communicate with you regarding your use of the App.

-          Improve our services and user experience.

Our lawful basis for processing personal data includes (i) performance of a contract (providing the App), (ii) your consent, and (iii) our legitimate interests in improving and securing our services.

4.      Data Storage and Security

Your data is stored securely, accessible only to authorized personnel. We use appropriate measures to prevent unauthorized access.

5.      Data Retention

We retain personal data only for as long as necessary to provide the App, comply with legal obligations, resolve disputes, and enforce our agreements. Upon account deletion, personal data will be deleted or anonymized within a reasonable period, except where retention is required by law or for legitimate business purposes such as security, fraud prevention, or compliance.

6.      Data Sharing

We will not share your personal data with third parties unless necessary to provide services (e.g., AI analysis) or as required by law. We may share limited personal data with trusted service providers acting on our behalf (such as cloud hosting, analytics, or AI processing providers) solely to operate and improve the App. These providers are contractually obligated to protect your data and may not use it for their own purposes. We may also share aggregated or anonymized data that cannot reasonably be used to identify you.

7.      Your Rights

Under the European Union General Data Protection Regulation 2016/679 (“GDPR”), you have the following rights regarding your data:

-          Access your data

-          Rectify inaccurate or incomplete data

-          Request data deletion

-          Restrict data processing

-          Request data portability

-          Object to data processing

8.      Consent

By clicking "I Agree," you consent to our collection and processing of your personal data as outlined herein and in accordance with our Privacy Policy. You may withdraw consent at any time by contacting us at support@fit-x.tech.