Terms of Service
These Terms of Service (“Terms”) are an agreement between you and Fitness Driven LLC, an Illinois limited liability company (“Fitness Driven”, “we”, “us”). They govern your use of the Fitness Driven iPhone and Apple Watch apps, the fitnessdriven.app website, and related services (together, the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
Please read sections 4, 14, and 15 carefully. They explain that the Service is not medical advice, limit our liability, and describe how disputes are resolved.
1. Eligibility
You must be at least 13 years old, or older where local law requires a higher age of digital consent, to use the Service. If you are under 18, or the age of majority where you live, you may use the Service only with the permission of a parent or guardian who agrees to these Terms for you. You must be able to form a binding contract and must not be barred from using the Service by law.
2. Your account
You are responsible for your account, for keeping your sign-in credentials secure, and for all activity under your account. Give us accurate information and keep it up to date. Estimates, workouts, and targets depend on what you enter. Tell us promptly if you believe your account has been compromised.
3. The Service
Fitness Driven is a personal fitness and nutrition companion. It offers personalized workouts, food logging with estimated nutrition, progress tracking, Life Force and levels, avatar images and video scenes, reminders, coaching, Inner Circle features, and integration with Apple Health and Apple Watch. We may add, change, or remove features, and some features may be offered in limited form, as previews, or with usage limits (for example, how often an avatar can be regenerated).
4. Health and safety — not medical advice
- No medical advice. The Service is for general fitness and wellness information only. It is not a medical device and does not diagnose, treat, cure, or prevent any condition. It is not a substitute for advice from a doctor, registered dietitian, or other qualified professional.
- Talk to a professional first. Consult a qualified professional before you start a new exercise program or change your diet. This is especially important if you are pregnant or breastfeeding, have or suspect a medical condition, are taking medication (including GLP-1 or other weight-management medication), have an injury, or have a history of disordered eating.
- Medication tracking is a log, not guidance. Any medication, dose, or symptom features only record what you enter. Always follow your prescriber’s instructions, and seek medical help for concerning symptoms.
- Estimates can be wrong. Nutrition values from photos, voice, or text, calorie estimates, body and physique estimates, and recommended targets are approximate and may be inaccurate.
- Assumption of risk. Exercise involves risk of injury, including serious injury. You choose whether, how, and how hard to exercise. Use proper form, warm up, use equipment safely, and stop immediately if you feel pain, dizziness, or shortness of breath. To the extent permitted by law, you assume the risks of physical activity you undertake while using the Service.
- Emergencies. The Service is not for emergencies. If you think you have a medical emergency, call your local emergency number.
5. AI features and avatars
- Consent. AI features process your photos and other information as described in our Privacy Policy, and they are available only after you agree to that processing. You can withdraw consent in Settings.
- Outputs are illustrations and estimates. Avatar images and videos are AI-generated visualizations of a goal. They are not photographs of you, real results, predictions, or promises of what your body will look like. AI outputs, including coaching, workouts, and nutrition estimates, can be inaccurate, incomplete, or unexpected. Use your own judgment and do not rely on them as professional advice.
- Only upload images of yourself. You may upload selfies and body photos only of yourself. Do not upload images of any other person, of anyone under 18, or any content you do not have the right to use.
- Your use of outputs. Subject to these Terms, you may use the avatar images and videos created for you for your personal, non-commercial purposes. You may not present them as genuine photographs or real results, or use them to deceive, harass, or impersonate anyone.
6. Your content
You keep ownership of the photos, entries, messages, and other content you provide (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, adapt (for example, to resize an image or generate an avatar from it), and display Your Content. This licence covers only what is needed to operate, secure, and provide the Service to you and to the people you choose to share with. It lasts while your content is on the Service and ends when you delete it or your account, except for residual backup copies kept for a limited period and anything the law requires us to keep. You confirm that you have the rights needed to grant this licence.
7. Inner Circle and conduct
Inner Circle lets you connect with friends and trainers, share parts of your progress, and send messages and nudges. You decide who you connect with and what you share. Trainers and friends are not Fitness Driven employees or agents, and we are not responsible for their advice or conduct. When using Inner Circle and the rest of the Service, you agree not to:
- harass, threaten, bully, or abuse anyone, or send hateful, sexually explicit, or violent content;
- impersonate anyone or misrepresent your identity, qualifications, or relationship with someone;
- share other people’s personal information without their permission;
- send spam or unsolicited promotions, or use invite codes for commercial solicitation;
- promote dangerous or extreme dieting, self-harm, or the misuse of medication or substances.
Zero tolerance. There is no tolerance for objectionable content or abusive users in Inner Circle. Before you first use Inner Circle, the app asks you to agree to these Terms. The app filters offensive language from messages and names, but no filter is perfect, so please report anything that gets through.
Reporting and blocking. In the app, long-press a message and tap Report Message, or open someone’s profile or conversation and tap Report. Reports go to our team, and we review every report within 24 hours. Reporting someone also blocks them. You can also tap Block on their profile, in the conversation, or by swiping their name in your connections. A blocked person can’t message you, nudge you, or reconnect with you, and your conversation with them is deleted. You can unblock people from the Blocked list in Inner Circle. You can also remove a connection at any time, which deletes your conversation. To report something outside the app, email us.
What we do. When content or behavior violates these Terms, we remove the content and may suspend or terminate the account responsible, without notice.
8. Acceptable use
You agree not to, and not to help anyone else:
- use the Service for any unlawful purpose or in violation of these Terms;
- copy, modify, distribute, sell, or lease any part of the Service, or build a competing product using it;
- reverse engineer, decompile, or disassemble the Service, or try to discover its source code, models, prompts, algorithms, or other non-public components, except where the law expressly allows it;
- access the Service through automated means (bots, scrapers, crawlers), or collect data from it in bulk;
- get around usage limits, quotas, security, or access controls, or access accounts or data that are not yours;
- interfere with or disrupt the Service, its servers, or its third-party providers, or introduce malware;
- use the Service or its outputs to train, test, or improve any machine-learning model or AI system;
- use the Service to create content that is illegal, infringing, sexual, deceptive, or that depicts a real person without consent.
9. Intellectual property
The Service belongs to Fitness Driven and its licensors and is protected by intellectual-property laws. This includes the software, workout-programming logic, scoring systems (such as Life Force, levels, and streaks), designs, text, graphics, exercise media, avatar scenes, and the Fitness Driven name and logo. Except for the limited rights granted in these Terms, we reserve all rights. If you send us feedback or suggestions, we may use them without any obligation to you.
10. Virtual points and rewards
Life Force, XP, levels, streaks, Ember, Fire, Lightning points, unlocks, and similar in-app rewards are features of the Service. They have no monetary value, cannot be exchanged for cash or anything of value, are not your property, and cannot be transferred or sold. We may change how they are earned, displayed, or used, or reset them where needed to fix errors or abuse.
11. Paid features
We may offer paid features, subscriptions, or free trials in the future. Any purchase made through the Apple App Store is processed by Apple and subject to Apple’s terms. Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. You can manage or cancel them in your Apple ID settings. Refunds are handled by Apple under its policies. Prices, and what each plan includes, will be shown before you buy.
12. Third-party services
The Service works with third-party services such as Apple Health, Apple Watch, iCloud, Sign in with Apple, and service providers that help us run it, including AI providers. Their terms and policies govern your use of them. We are not responsible for third-party services and do not control their availability.
13. Suspension and termination
You may stop using the Service and delete your account at any time in Settings. We may suspend or end your access, remove content, or disable features if you violate these Terms, if we must do so by law, if your use creates risk or possible legal exposure for us or others, or if we discontinue the Service. Where reasonable, we will tell you first. Sections that by their nature should survive termination will survive, including sections 4 to 6 and 8 to 17.
14. Disclaimers
To the fullest extent permitted by law, the Service and all content and outputs are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory. This includes implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation. We do not warrant that you will achieve any particular fitness, weight, body-composition, or health result. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.
15. Limitation of liability
To the fullest extent permitted by law, Fitness Driven and its affiliates, officers, employees, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. They will also not be liable for any loss of data, profits, revenue, or goodwill, or for any personal injury or health outcome, arising from or related to the Service. This includes reliance on workouts, nutrition estimates, coaching, avatar imagery, or other outputs, and conduct of other users, friends, or trainers. Our total liability for any claim relating to the Service will not exceed the greater of (a) the amount you paid us for the Service in the 12 months before the claim, or (b) USD 50. These limits apply even if we were advised of the possibility of such damages. They do not limit liability that cannot be limited by law, such as liability for death or personal injury caused by our negligence, or for fraud.
16. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Fitness Driven and its affiliates, officers, and employees from any claims, losses, liabilities, and expenses, including reasonable legal fees, that arise from Your Content, your misuse of the Service, or your violation of these Terms or of anyone else’s rights.
17. Governing law and disputes
These Terms are governed by the laws of the State of Illinois and applicable U.S. federal law, without regard to conflict-of-law rules. Before filing a claim, you agree to email us and try to resolve the dispute informally for at least 30 days. Any dispute that is not resolved will be brought only in the state or federal courts located in Illinois, and you and we consent to their jurisdiction. If you are a consumer, nothing in these Terms removes mandatory protections of the law of the country where you live, or your right to bring a claim in your local courts.
18. Apple App Store terms
If you downloaded the app from the Apple App Store, you and we agree that:
- these Terms are between you and us only, not Apple, and we, not Apple, are solely responsible for the app and its content;
- your licence to use the app is limited to a non-transferable licence to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions;
- Apple has no obligation to provide maintenance or support for the app;
- if the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you; to the maximum extent permitted by law, Apple has no other warranty obligation for the app;
- we, not Apple, are responsible for addressing any claims by you or any third party relating to the app, including product-liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer-protection or privacy claims;
- we, not Apple, are responsible for investigating, defending, settling, and discharging any claim that the app or your use of it infringes a third party’s intellectual-property rights;
- you confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties;
- you must comply with applicable third-party terms (such as your wireless data agreement) when using the app;
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
19. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms here with a new date. If a change is material, we will give reasonable notice in the app or by other means before it takes effect. If you keep using the Service after the change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and delete your account.
20. General
These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control.
21. Contact
Fitness Driven LLC, Illinois, USA. Questions about these Terms: email us or our Support page.
