Terms of Use

1. Acceptance of Terms

By downloading, installing, or using the FitSync mobile application ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

FitSync is a fitness tracking and nutrition management application that helps users track their workouts, nutrition, and fitness progress. The App offers both free and premium subscription features.

3. Eligibility

You must be at least 13 years old to use FitSync. If you are under 18, you must have your parent or guardian's permission to use the App.

4. Account and Registration

• You are responsible for maintaining the confidentiality of your account credentials
• You agree to provide accurate and complete information during registration
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account

5. Premium Subscriptions

5.1 Subscription Plans

FitSync offers premium subscription plans including:

• Monthly subscription
• Annual subscription
• Lifetime access (one-time purchase)

5.2 Free Trial

• New users may be eligible for a 30-day free trial of the monthly subscription
• You will not be charged during the free trial period
• Your subscription will automatically begin after the trial ends unless you cancel at least 24 hours before the trial expires
• Only one free trial per user

5.3 Payment and Billing

• Payment will be charged to your Apple ID account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage your subscription and turn off auto-renewal in your Apple ID Account Settings
• No refunds will be provided for unused portions of a subscription term

5.4 Cancellation

• You may cancel your subscription at any time through your Apple ID Account Settings
• Cancellation takes effect at the end of the current billing period
• You will retain access to premium features until the end of your current subscription period

5.5 Price Changes

• Subscription prices may change from time to time
• You will be notified of any price changes in advance
• Price changes will take effect at the start of your next subscription period after the change

6. User Content and Conduct

6.1 Your Content

• You retain ownership of any data, information, or content you create or upload to the App
• You grant FitSync a license to use, store, and process your content to provide and improve the service
• You are responsible for backing up your own data

6.2 Prohibited Conduct

You agree NOT to:

• Use the App for any illegal purpose
• Attempt to gain unauthorized access to the App or its systems
• Interfere with or disrupt the App's functionality
• Upload malicious code, viruses, or harmful content
• Impersonate any person or entity
• Collect or harvest information about other users
• Use the App to spam, harass, or abuse others

7. Health and Fitness Disclaimer

7.1 Not Medical Advice

• FitSync is for informational and tracking purposes only
• The App does not provide medical advice, diagnosis, or treatment
• Always consult a qualified healthcare provider before starting any fitness or nutrition program
• Do not disregard professional medical advice or delay seeking it because of information from the App

7.2 Use at Your Own Risk

• You assume all risks associated with using the fitness and nutrition information provided by the App
• FitSync is not liable for any injuries, health problems, or damages resulting from your use of the App
• Stop any exercise immediately if you experience pain, dizziness, or discomfort

7.3 Accuracy of Information

• Nutritional information is provided by third-party databases (USDA, FatSecret) and may not be 100% accurate
• Calorie calculations and fitness metrics are estimates and may vary
• You should verify nutritional information independently when accuracy is critical

8. Intellectual Property

8.1 FitSync's Rights

• The App, including its design, features, graphics, and content (excluding user content), is owned by FitSync
• You may not copy, modify, distribute, or reverse engineer the App
• All trademarks, logos, and service marks are property of FitSync or their respective owners

8.2 Third-Party Content

The App integrates with third-party services including USDA FoodData Central, FatSecret, and Mapbox. Use of third-party services is subject to their respective terms and conditions.

9. Privacy and Data

Your use of FitSync is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

Key privacy points:

• We collect account information, fitness data, and usage information
• We use Supabase for secure data storage
• We do not sell your personal information to third parties
• You can request deletion of your data at any time

10. Third-Party Services and Integrations

10.1 Health App Integration (Apple Health)

• FitSync can sync with Apple Health to read and write fitness and nutrition data
• You control what data is shared through iOS Health permissions
• Syncing is optional and can be disabled at any time

10.2 Location Services

• Some features (cardio tracking with GPS) use location services
• You can control location permissions in iOS Settings
• Location data is only collected when you actively use GPS tracking features

10.3 Third-Party Links

• The App may contain links to third-party websites or services
• We are not responsible for the content or practices of third-party sites
• Your use of third-party services is at your own risk

11. Disclaimers and Limitation of Liability

11.1 "As Is" Basis

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

11.2 No Guarantee

• We do not guarantee that the App will be error-free, uninterrupted, or secure
• We do not guarantee the accuracy, completeness, or reliability of any content
• We do not guarantee any specific results from using the App

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITSYNC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL FITSYNC'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO FITSYNC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

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

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit or transmit through the App

13. Changes to the App and Terms

13.1 App Changes

• We may modify, update, or discontinue any feature of the App at any time
• We may perform maintenance that temporarily limits access to the App
• We are not liable for any modifications, suspensions, or discontinuations

13.2 Terms Changes

• We may update these Terms from time to time
• We will notify you of material changes through the App or via email
• Continued use of the App after changes constitutes acceptance of the new Terms
• If you do not agree to the changes, you must stop using the App

14. Termination

14.1 By You

You may stop using the App and delete your account at any time.

14.2 By Us

We may suspend or terminate your access to the App at any time for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Any other reason at our sole discretion

14.3 Effect of Termination

• Upon termination, your right to use the App will immediately cease
• We may delete your account and data in accordance with our data retention policies
• Provisions of these Terms that by their nature should survive termination will survive

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the United States and the State of [Your State], without regard to conflict of law principles.

15.2 Arbitration

Any dispute arising from these Terms or your use of the App shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property disputes.

15.3 Class Action Waiver

You agree to resolve disputes on an individual basis only, and not as part of any class or representative action.

16. Apple-Specific Terms

16.1 Acknowledgment

You acknowledge that these Terms are between you and FitSync only, not with Apple Inc. ("Apple"), and Apple is not responsible for the App or its content.

16.2 Scope of License

The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

16.3 Maintenance and Support

FitSync is solely responsible for providing maintenance and support services for the App. Apple has no obligation to furnish such services.

16.4 Warranty

FitSync is solely responsible for any product warranties, whether express or implied. In the event of any failure to conform to any warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation with respect to the App.

16.5 Product Claims

FitSync, not Apple, is responsible for addressing any claims relating to the App or your use of it, including:

• Product liability claims
• Claims that the App fails to conform to legal or regulatory requirements
• Claims arising under consumer protection or similar legislation

16.6 Intellectual Property

If a third party claims that the App infringes their intellectual property rights, FitSync, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.

16.7 Third-Party Beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

17. Contact Information

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

FitSync Development Team
Email: support@fitsync.app
Website: www.fitsync.app

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and FitSync regarding the App.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under them. We may assign our rights and obligations under these Terms without restriction.

18.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and FitSync.