IMPORTANT: Please read these Terms and Conditions carefully before using the FinnFitness application. By creating an account or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.

1.Definitions

"Service" refers to the FinnFitness mobile application, website, and all related features, content, and services.

"Company," "we," "us," or "our" refers to FinnFitness and its owners, operators, employees, and affiliates.

"User," "you," or "your" refers to any individual who accesses or uses the Service.

"Content" refers to all workout programs, exercise descriptions, training plans, algorithms, software code, user interface designs, graphics, text, and other materials available through the Service.

"User Data" refers to information you provide or that is generated through your use of the Service, including workout logs, profile information, and preferences.

2.Acceptance of Terms

By accessing or using the Service, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding agreement. If you are under 18, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you through the Service and require your acceptance of the updated Terms before you may continue using the Service. Your continued use after accepting updated Terms constitutes agreement to the modified Terms.

3.Health and Fitness Disclaimer

THIS IS THE MOST IMPORTANT SECTION OF THESE TERMS. PLEASE READ IT CAREFULLY.

3.1Not Medical Advice

The Service provides AI-generated workout programs and fitness tracking tools for informational and educational purposes only. Nothing provided through the Service constitutes medical advice, diagnosis, or treatment. The Service is not a substitute for professional medical advice, physical therapy, or consultation with a qualified healthcare provider.

3.2Assumption of Risk

You expressly acknowledge and agree that:

1. Physical exercise carries inherent risks of injury, illness, disability, or death, regardless of the exercise program followed.
2. AI-generated workout programs cannot account for all individual medical conditions, physical limitations, injuries, or risk factors.
3. You are solely responsible for determining whether any exercise, workout, or activity suggested by the Service is appropriate for your physical condition.
4. You should consult with a qualified healthcare professional before beginning any new exercise program, especially if you have any pre-existing medical conditions, injuries, or health concerns.
5. You voluntarily assume all risks associated with using the Service and performing any exercises or workouts suggested by it, including but not limited to risks of musculoskeletal injury, cardiovascular events, overtraining, or aggravation of existing conditions.

3.3No Guarantees of Results

The Service does not guarantee any specific fitness outcomes, weight loss, muscle gain, performance improvements, or health benefits. Individual results vary based on numerous factors outside our control.

3.4Emergency Situations

If you experience chest pain, dizziness, severe pain, difficulty breathing, or any other symptoms of a medical emergency during or after exercise, stop immediately and seek emergency medical attention. Do not rely on the Service for medical guidance in any emergency.

4.Limitation of Liability

1. Personal injury, bodily harm, or death arising from your use of the Service or any exercises, workouts, or activities performed in connection with the Service.
2. Loss of data, profits, revenue, or business opportunities.
3. Damages arising from interruption, suspension, or termination of the Service.
4. Damages arising from unauthorized access to or alteration of your User Data.
5. Any other damages arising out of or related to your use of, or inability to use, the Service.

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

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

5.Indemnification

You agree to indemnify, defend, and hold harmless FinnFitness and its owners, officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

1. Your use or misuse of the Service.
2. Any injury or harm you sustain while using the Service or performing exercises suggested by it.
3. Your violation of these Terms or any applicable law or regulation.
4. Your violation of any rights of a third party.
5. Any content you submit, post, or transmit through the Service.

6.Intellectual Property

6.1Our Intellectual Property

All Content provided through the Service, including but not limited to the workout generation algorithms, exercise databases, software code, user interface designs, graphics, logos, trademarks, trade names, and all related intellectual property, is owned by or licensed to FinnFitness and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial fitness purposes only, subject to these Terms.

6.2Restrictions

You agree that you will not, and will not permit any third party to:

1. Copy, reproduce, distribute, publish, display, perform, or create derivative works of any Content from the Service.
2. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or data models used by the Service.
3. Use any Content for commercial purposes, including but not limited to creating competing products or services, personal training businesses using our workout algorithms, or reselling generated workout plans.
4. Scrape, harvest, or collect Content or User Data from the Service using automated means.
5. Remove, alter, or obscure any proprietary notices, labels, or markings on the Service or Content.
6. Use the FinnFitness name, logo, or trademarks without prior written consent.

6.3User Data

You retain ownership of your User Data. By using the Service, you grant FinnFitness a non-exclusive, worldwide, royalty-free license to use, process, and analyze your User Data solely for the purposes of providing, improving, and developing the Service. We may use aggregated, anonymized data derived from User Data for research, analytics, and product improvement purposes.

7.Account and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties.

8.Privacy and Data

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and share your information. By using the Service, you consent to the collection and use of your data as described in the Privacy Policy.

We implement reasonable security measures to protect your data, but no method of electronic storage or transmission is 100% secure. We cannot guarantee the absolute security of your User Data.

9.AI-Generated Content

The Service uses artificial intelligence and algorithmic systems to generate workout programs and fitness recommendations. You acknowledge that:

1. AI-generated content may contain errors, inaccuracies, or suggestions that are not appropriate for your individual circumstances.
2. The AI does not have the ability to physically assess your form, technique, or physical limitations.
3. You are solely responsible for evaluating the appropriateness and safety of any AI-generated workout or recommendation before performing it.
4. FinnFitness is not liable for any harm resulting from your reliance on AI-generated content.

10.Subscription and Payment

Certain features of the Service may require a paid subscription. By subscribing, you agree to pay all applicable fees. Subscription terms, pricing, billing cycles, and cancellation policies will be presented to you at the time of purchase.

We reserve the right to change subscription pricing with reasonable notice. Continued use of a paid subscription after a price change constitutes acceptance of the new pricing.

11.Termination

You may stop using the Service at any time and request deletion of your account by contacting us. We may terminate or suspend your access to the Service at our sole discretion, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination, your right to use the Service ceases immediately. Sections 3 through 6 (Health Disclaimer, Limitation of Liability, Indemnification, and Intellectual Property) shall survive termination.

12.Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith informal negotiation. If informal resolution fails within thirty (30) days, either party may pursue binding arbitration in accordance with the rules of the American Arbitration Association.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13.Disclaimers

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

14.Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in the State of Washington for any disputes not subject to arbitration.

15.Miscellaneous

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

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

These Terms constitute the entire agreement between you and FinnFitness regarding the Service and supersede all prior agreements and understandings.

16.Contact Information

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

FinnFitness
Email: support@finnfitness.app
Website: https://finnfitness.app