Terms of Service
1. About these terms
These terms apply to your use of TheFitHero's app and website (“FitHero”, the “service”), provided by [PLACEHOLDER: legal entity name], [PLACEHOLDER: registered address] (“we”, “us”). By creating an account or using the service you agree to these terms. Our Privacy Policy explains how we handle personal data.
2. Beta service
FitHero is in beta. Features may change, be limited or be removed, and the service may be interrupted or contain errors. Please keep your own copies of anything important to you.
3. Accounts
- Trainers can create an account in the app.
- Clients join only through an invitation from their trainer.
- You can sign in with email and password, Sign in with Apple or Google Sign-In. Keep your sign-in details secure and tell us at support@thefithero.com if you think your account has been misused.
- The information you give us must be accurate, and an account is for one person only.
- You must be at least [PLACEHOLDER: minimum age] to use FitHero.
4. Trainers and clients
FitHero is a tool that supports the relationship between a trainer and their clients. We are not a party to that relationship, and we do not employ, vet or certify trainers. Trainers are responsible for:
- the programs, advice and coaching they provide, and for holding any qualifications and insurance their work requires;
- their own agreements with clients, including prices, payments and cancellations;
- handling their clients' data, including health information, lawfully and only for coaching.
5. Not medical advice
FitHero supports fitness coaching. It is not a medical device and does not provide medical advice, diagnosis or treatment. Health and safety questions in the app are not a clinical assessment. Talk to a doctor or other qualified health professional before starting a new exercise program, especially if you have a health condition, an injury or are pregnant. Stop exercising and seek help if you feel pain, dizziness or shortness of breath. You train at your own risk.
6. Trainer subscriptions
- Clients use FitHero free of charge. Trainers can use the free plan or a paid plan, as shown on our pricing page.
- Paid plans are bought on the web and billed through Stripe, not through the App Store. Prices are shown before you pay. [PLACEHOLDER: whether prices include VAT / sales tax]
- Paid plans renew automatically each billing period until cancelled. If you cancel, your plan stays active until the end of the period you have paid for and then does not renew.
- [PLACEHOLDER: refund policy and statutory withdrawal rights]
- We will tell you in advance before changing the price of your plan.
7. Acceptable use
You must not:
- break the law, or harass, threaten or harm other people;
- upload content that is illegal, sexually explicit, hateful, or that you do not have the right to share;
- access another person's account or data without permission;
- interfere with the service, probe it for vulnerabilities without permission, or overload it;
- copy, scrape or resell the service or its exercise library;
- use FitHero to send spam or unsolicited messages.
8. Your content
You keep ownership of what you put into FitHero, such as messages, photos, videos, voice notes, programs and workout logs. You give us permission to store, process and transmit that content only as needed to run the service for you and the people you share it with. You are responsible for the content you send. We do not routinely read your messages, but we may remove content or restrict accounts that break these terms or the law.
9. Our content
The FitHero app, website, design and exercise library belong to us or our licensors. You may use them only through the service and for its intended purpose.
10. Ending your use
You can stop using FitHero at any time and request deletion of your account from the app, as described in the Privacy Policy. We may suspend or close an account that breaks these terms, puts other users or the service at risk, or where the law requires it. Where reasonable we will tell you first.
11. Disclaimers
To the extent the law allows, the service is provided “as is” and “as available”, without warranties of any kind. We do not guarantee any fitness, health or business result.
12. Limitation of liability
To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of data, profits or business. Our total liability to you is limited to [PLACEHOLDER: liability cap]. Nothing in these terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud. [PLACEHOLDER: consumer-law carve-outs for the launch jurisdictions]
13. Changes to these terms
We may update these terms as the service develops. If a change is material, we will tell you in the app or by email before it takes effect. If you keep using FitHero after that, the new terms apply.
14. Governing law
These terms are governed by the laws of [PLACEHOLDER: governing law], and disputes are subject to the courts of [PLACEHOLDER: jurisdiction], without affecting any mandatory consumer rights you have where you live.
15. Contact
[PLACEHOLDER: legal entity name and registered address]
Email: support@thefithero.com