Terms of Service

1. Agreement

These Terms of Service (“Terms”) constitute a binding agreement between you (“User”) and MotiFIT Fitness Inc. (“FITIV,” “we,” “us,” or “our”) regarding your use of our mobile applications, websites, and related services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

FITIV may update these Terms at any time without prior notice. Continued use of the Services after any update constitutes your acceptance of the revised Terms.

2. Medical and Health Disclaimer

FITIV provides educational and informational content only. Nothing in the Services constitutes medical advice, diagnosis, or treatment. You should consult a qualified healthcare provider before making any changes to your exercise, sleep, or nutrition routine.

Use of the Services does not create a doctor-patient relationship. You assume all risks associated with reliance on information provided through the Services. FITIV disclaims all liability for health problems resulting from use of or reliance on information provided through the Services. FITIV does not guarantee specific health or fitness outcomes.

AI-generated insights within the Services are informational only and may not always be accurate, complete, or contextually appropriate.

3. Accounts

To use certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account credentials
• Notify FITIV immediately of any unauthorized access to your account
• Use a username that does not infringe on others’ rights or contain offensive content

You are responsible for all activity that occurs under your account.

4. Subscriptions and Fees

Subscriptions are managed through the Apple App Store under Apple’s terms and conditions. Subscriptions renew automatically unless cancelled. FITIV may modify pricing at any time; continued use of the Services constitutes acceptance of any pricing changes.

4.1 Free Trial

One free trial is available per Apple User ID. Your payment method will be charged automatically at the end of the trial period unless you cancel at least 24 hours before the trial ends. FITIV reserves the right to modify or terminate free trials at any time.

4.2 Fee Changes

FITIV reserves the right to modify subscription fees. Changes take effect at the start of the next billing cycle. If you do not accept the new pricing, you must cancel your subscription before the renewal date.

4.3 Refunds

Refunds are processed by the Apple App Store in accordance with Apple’s refund policies. FITIV does not issue direct refunds, credits, or reimbursements for partial subscription periods or unused features.

5. AI Features and Data Use

FITIV uses artificial intelligence to provide enhanced analysis, summaries, and insights. We employ two distinct types of AI processing:

(a) Apple Foundational Models

When AI features are powered by Apple Intelligence or other Apple foundational models, all processing occurs entirely on your device. No personal data is transmitted to FITIV servers, and no information is collected or shared by FITIV.

(b) Cloud-Based AI Processing

Certain optional, opt-in features use cloud-based large-language models. When you enable these features:

• Only the minimum necessary data is transmitted to secure servers or trusted subprocessors
• Data will not be sold or used for general AI model training
• Cloud processors retain data for no more than 30 days for debugging purposes, after which it is deleted or irreversibly anonymized

6. Intellectual Property

FITIV owns all content, software, designs, trademarks, and other intellectual property associated with the Services. You receive a limited, non-transferable, non-exclusive license to use the Services for personal, non-commercial purposes only.

You may not reproduce, modify, distribute, or create derivative works from any FITIV content without prior written consent from FITIV.

7. Limitation of Liability

The Services are provided “as is” and “as available” without warranties of any kind, express or implied.

To the fullest extent permitted by law, MotiFIT Fitness Inc. and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or profits, arising from your use of the Services, regardless of whether FITIV has been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify and hold harmless FITIV and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services
• Your breach of these Terms
• Content you post or submit through the Services
• Activity under your account, including unauthorized access obtained through fraudulent means

9. FITIV Community Standards

When participating in the FITIV Community, you agree to:

1. Respect others — no abusive, harassing, or hateful content
2. Stay safe — do not share personal identifying information
3. Avoid spam or promotional misuse
4. Be honest — no impersonation or false information
5. Respect intellectual property
6. Comply with all applicable laws

FITIV may remove content or suspend accounts that violate these standards. Repeated violations may result in permanent termination without refund.

10. Disclaimer and Non-Waiver of Rights

The Services are provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. FITIV does not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.

FITIV’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under these Terms without prior written consent from FITIV.

11. Exclusions

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages. In such jurisdictions, FITIV’s liability is limited to the maximum extent permitted by law. Provincial Canadian consumer protection laws may apply to certain products and services.

12. Changes to Terms

FITIV reserves the right to modify these Terms at any time. Updated versions will be posted on this page and within the app, and are effective immediately upon posting unless otherwise specified. For material changes, FITIV may provide notice via email or in-app notification. We encourage you to review these Terms periodically.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of New Brunswick, Canada, and applicable federal Canadian law. In the event of a dispute, the parties agree to attempt informal resolution within 60 days before pursuing litigation. Any litigation shall be brought exclusively in the courts of New Brunswick, Canada.

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