Fitevolve Ltd – Terms of Service

Last Updated: 01 November 2025

Company: Fitevolve Ltd (Reg. No. 16825211)

Address: 5 Hilton Walk, Canvey Island, SS8 9XZ

Email: contact@fitevolve.app

1. Introduction

Welcome to Fitevolve, a health and fitness mobile application operated by Fitevolve Ltd ("Fitevolve", "we", "our", "us").

These Terms of Service ("Terms") govern your use of the Fitevolve mobile app, website, and related services (collectively, the "Services").

By creating an account or otherwise using Fitevolve, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

You should read these Terms carefully before using Fitevolve.

2. Eligibility and Age Requirements

Fitevolve is restricted to adults (18 years and over) because:

• We collect and process health data (Special Category Data under GDPR Article 9)
• Exercise programs carry physical injury risks
• Users may be matched with Personal Trainers (requires adult supervision)
• GPS tracking raises safety concerns for minors
• Meal planning and calorie tracking may be inappropriate for developing youth
• Content may include discussions of body image and weight management

2.1 Parental Supervision (Ages 16-17)

If you are 16 or 17 years old, you may use Fitevolve ONLY if:

• A parent/legal guardian has reviewed and agreed to these Terms
• Your parent/guardian supervises your use of the app
• Your parent/guardian consents to health data processing
• Your parent/guardian assumes full responsibility for your use

Parents/guardians of 16-17 year old users agree to:

• Monitor their child's app use
• Ensure workouts are age-appropriate and supervised
• Oversee interactions with Personal Trainers
• Accept liability for any injuries or issues arising from use
• Manage subscription payments and cancellations

2.2 Age Verification

We rely on the date of birth you provide during registration. We do not independently verify age.

By creating an account, you represent and warrant that you meet the age requirements.

2.3 Children Under 16

We do NOT knowingly collect personal information from anyone under 16 years old.

If you are under 16, do not:

• Create an account
• Provide any personal data
• Use any part of the Services

2.4 Discovery of Underage Users

If we discover or are notified that a user is under 18 (or under 16 without parental consent), we will:

• Immediately suspend the account
• Delete all personal data within 30 days
• Refund any subscription payment for the current month
• Notify the email address on file

Parents: If you believe your child under 18 has created an account without permission, contact us immediately at contact@fitevolve.app with:

• Child's email address
• Proof of relationship
• Statement requesting deletion

We will delete the account and data promptly.

COPPA/GDPR Compliance: Fitevolve does not target children under 13/16 and complies with UK GDPR requirements for children's data protection.

3. Account Creation and Security

• You must provide accurate, complete information during registration
• You are responsible for maintaining confidentiality of your login credentials
• Notify us immediately of any unauthorized access to your account
• Fitevolve Ltd is not liable for losses resulting from compromised credentials
• You may not share your account or create multiple accounts for the same person
• You must keep your email address and contact information up to date

4. User Conduct

You agree NOT to:

• Violate any UK law or regulation
• Harass, abuse, threaten, or harm other users
• Upload viruses, malware, or malicious code
• Impersonate another person or entity
• Post misleading or false health claims
• Promote dangerous fitness practices or extreme diets
• Circumvent security measures or access controls
• Use Fitevolve for unauthorized advertising or spam
• Share inappropriate or offensive content
• Attempt to scrape or extract data from the platform
• Interfere with other users' use of the Services
• Use the app for any illegal purposes

Violation of these terms may result in account suspension or termination.

5. Personal Trainers (PTs) - Detailed Liability Terms

5.1 Independent Contractor Status

All Personal Trainers on Fitevolve are independent contractors and NOT employees, agents, or partners of Fitevolve.

Fitevolve does not employ, supervise, control, or monitor PTs' interactions with clients.

5.2 PT Verification - What We DO and DON'T DO

What We DO:

• ✓ Review submitted certificates and qualification documents
• ✓ Verify identity documents
• ✓ Check application completeness and accuracy
• ✓ Review professional bio and experience claims
• ✓ Process payment for PT upgrade (£9.99)
• ✓ Provide basic admin approval of applications

What We DON'T DO:

• ❌ Conduct police background checks or criminal record verifications (DBS checks)
• ❌ Verify qualifications with issuing bodies (universities, certification providers)
• ❌ Guarantee the accuracy of credentials or experience claims
• ❌ Assess professional competence or fitness to practice
• ❌ Verify professional liability insurance coverage
• ❌ Monitor PT-client sessions or interactions
• ❌ Supervise PT training methods or advice
• ❌ Guarantee PT quality or professionalism

⚠️ Criminal Records: PTs self-declare they have no criminal record. This is NOT verified through police checks or criminal record databases (DBS checks).

Insurance: While we recommend PTs maintain professional liability insurance, we do NOT verify coverage or require proof.

5.3 User Responsibility

You engage with Personal Trainers entirely at your own risk.

You are responsible for:

• Independently verifying a PT's credentials before engaging their services
• Ensuring they have appropriate insurance for your needs
• Assessing their suitability for your fitness level and goals
• Determining if their training style matches your requirements
• Following their advice at your own discretion
• Informing the PT of all relevant health conditions and limitations
• Stopping any exercise that causes pain or discomfort
• Reporting any concerns about PT conduct immediately to support@fitevolve.app

5.4 Limitation of Liability for PT Services

Fitevolve Ltd is NOT liable for:

• Injuries sustained during training sessions (in-person or virtual)
• PT negligence, misconduct, or unprofessional behavior
• Inappropriate, dangerous, or unsuitable training methods
• Failure of PT to properly assess your fitness level or limitations
• Medical complications arising from PT advice or training programs
• PT failure to maintain valid certifications or insurance
• Cancelled sessions, refund disputes, or payment issues between you and PT
• Any actions, omissions, errors, or conduct by PTs

5.5 Indemnification

By using PT services on Fitevolve, you agree to indemnify and hold harmless Fitevolve Ltd, its officers, directors, employees, and contractors from any claims, damages, losses, or expenses (including legal fees) arising from your interactions with PTs.

PTs are solely responsible for their own professional conduct and any consequences arising from their services.

5.6 PT Upgrade Application

When you apply to become a PT:

1. You provide professional and identification information (certificates, experience, bio, documents)
2. A £9.99 one-time application fee applies for processing
3. Applications are reviewed within 24-48 hours (business days)
4. If APPROVED: Fee is non-refundable (covers completed processing and verification)
5. If REJECTED: You receive a full refund within 5-10 business days to original payment method

You must:

• Confirm the accuracy of all information provided
• Consent to background checks (if we choose to implement them)
• Declare any criminal record truthfully
• Agree to maintain valid certifications and insurance (recommended)
• Comply with professional standards and applicable laws

Rejection Reasons may include:

• Incomplete application
• Invalid or expired qualifications
• Unverifiable credentials
• False information provided
• Not meeting minimum requirements

Reapplication: If rejected, you may resubmit a new application with corrected information. A new £9.99 fee applies to each new application.

5.7 PT Conduct Requirements

PTs on Fitevolve must:

• Comply with all professional standards and applicable UK laws
• Maintain valid certifications and qualifications
• Keep insurance coverage current (strongly recommended)
• NOT provide medical diagnosis, treatment, or therapy
• Treat all clients respectfully and professionally
• Honor scheduled sessions or provide adequate notice for cancellations
• Keep client information confidential (except as required by law)
• Not engage in harassment, discrimination, or inappropriate conduct
• Follow our Community Guidelines and Content Moderation policies

Fitevolve may suspend or terminate any PT account for:

• Misconduct or policy violations
• Client complaints or safety concerns
• Expired or invalid credentials
• Breach of these Terms
• Any reason at our sole discretion

6. AI Business Coach (PTs Only)

6.1 Service Description

Personal Trainers have access to an AI-powered business coach to help with:

• Client acquisition strategies
• Pricing and rate setting
• Marketing and brand building
• Professional development
• Business growth advice

6.2 AI Limitations & Disclaimers

⚠️ IMPORTANT:

NOT Professional Advice:

• AI responses are general guidance only
• NOT a substitute for qualified business, legal, or financial advice
• NOT personalized consulting for your specific situation
• Does NOT replace accountants, lawyers, or business consultants

Potential for Inaccuracy:

• AI may provide outdated or incorrect information
• Responses may not reflect current laws or regulations
• May not account for your specific circumstances
• Can "hallucinate" (make up plausible-sounding but false information)

No Guarantee of Results:

• We do NOT guarantee any business outcomes or results
• AI advice may not work for your specific situation
• Business success depends on many factors beyond AI guidance
• Use advice at your own risk

6.3 User Responsibility

You are responsible for:

• Verifying any important AI-provided information independently
• Consulting qualified professionals for legal, tax, or financial matters
• Evaluating advice for your specific circumstances
• Not relying solely on AI for critical business decisions
• Not sharing client-identifiable information in AI chats

6.4 Data Processing

What happens to your AI conversations:

• Messages sent to OpenAI (US) for processing
• Conversation history stored in our database
• You can delete conversations anytime
• See Privacy Policy Section 2.5 for full details

⚠️ NEVER share: Client names or identifiable information, Client health or personal data, Sensitive business financial details, Confidential information

Keep questions general (e.g., "How to price online training?" not "What should I charge [client name]?").

6.5 Limitation of Liability

Fitevolve is NOT liable for:

• Business losses from following AI advice
• Inaccurate or outdated information provided by AI
• Legal or financial consequences of AI recommendations
• Any damages arising from your use of the AI coach

You use the AI coach entirely at your own risk.

7. Subscription and Payment Terms

7.1 Subscription Pricing

• Monthly Subscription: £11.99 per month (consumer subscription)
• PT Upgrade: £9.99 one-time application fee
• Prices include 20% UK VAT (where applicable)

7.2 Auto-Renewal

• Subscriptions renew automatically each billing cycle until cancelled
• You will be charged on your billing anniversary date (the date you first subscribed)
• We will send a reminder email 7 days before renewal
• You may cancel anytime via your Apple App Store or Google Play Store account settings

7.3 PT Upgrade Refund Policy

PT Application Fee (£9.99):

• If REJECTED: Full refund within 5-10 business days to original payment method
• If APPROVED: Non-refundable (covers completed processing and verification services)
• Refund processing time depends on payment provider (typically 5-10 business days for refund to appear)

Subscription Refunds:

• No partial refunds for unused days if you cancel mid-month
• You retain access until the end of your paid period
• Refunds for app store purchases subject to Apple/Google policies (not controlled by Fitevolve)

8. RevenueCat & App Store Payment Terms

8.1 Payment Processing

Payment Processor:

• Apple App Store (iOS users)
• Google Play Store (Android users)

We use RevenueCat to manage subscriptions, but payments are handled directly by Apple/Google.

8.2 App Store Control

• Subscriptions are managed by Apple/Google, NOT Fitevolve
• Payments are charged to your app store account
• A 30% platform fee is retained by Apple/Google (your price is unaffected)
• You must have a valid payment method in your app store account

8.3 Important Payment Terms

1. Cancellation Through App Store ONLY

• We CANNOT cancel your subscription
• You MUST cancel via iOS: Settings > [Your Name] > Subscriptions > Fitevolve > Cancel
• Android: Google Play > Menu > Subscriptions > Fitevolve > Cancel
• Contact Apple/Google support for cancellation assistance, not us
• Cancel at least 24 hours before renewal date to avoid next billing cycle

2. Refunds Subject to App Store Policies

• Request refunds from Apple/Google, NOT Fitevolve
• iOS: reportaproblem.apple.com
• Android: Google Play Store refund section
• We CANNOT process refunds for app store purchases
• Exception: PT upgrade rejections are refunded automatically by us

3. Billing Dates & Amounts

• Charged on the date you first subscribed (billing anniversary)
• Price shown in app store at time of purchase
• Prices include 20% UK VAT where applicable
• Currency conversion handled by Apple/Google (rates and fees set by them)

4. Price Changes

• We may change subscription prices with 30 days' notice
• Existing subscribers grandfathered at old price for current billing cycle
• New price applies at next renewal unless you cancel
• App stores may change their fees without notice

5. Failed Payments

• If payment fails, app store will retry automatically for several days
• You'll receive notifications from Apple/Google
• After multiple failures, subscription cancels automatically
• Premium features are suspended immediately upon payment failure
• Update payment method in app store settings to reactivate

6. Family Sharing (Apple Only)

• Apple Family Sharing may allow sharing subscriptions with family members
• This is controlled by Apple, not Fitevolve
• All family members must comply with these Terms
• Primary account holder is responsible for all family use

7. App Store Terms Apply

• Your use is also subject to Apple App Store Terms or Google Play Terms
• In case of conflict, app store terms control for payment issues

Review app store terms at:

• Apple: https://www.apple.com/legal/internet-services/itunes/
• Google: https://play.google.com/intl/en-gb/about/play-terms/

Contact for Issues:

• Payment problems: Your app store customer support
• Fitevolve service issues: support@fitevolve.app
• PT upgrade refunds: support@fitevolve.app

9. HEALTH & FITNESS DISCLAIMER - READ CAREFULLY

9.1 NOT MEDICAL ADVICE

⚠️ Fitevolve is NOT a medical device and does NOT provide medical advice, diagnosis, or treatment.

Nothing in this app should be construed as professional medical advice. The app, its content, and Personal Trainers do NOT replace consultation with qualified healthcare professionals.

AI Coach (PTs): The AI business coach provides business guidance only, NOT fitness or medical advice for your clients.

9.2 CONSULT YOUR DOCTOR

Before starting any new fitness program, workout routine, or diet plan through Fitevolve, you MUST consult with a qualified physician or healthcare provider, especially if you:

• Have any pre-existing medical conditions (heart disease, diabetes, high blood pressure, asthma, arthritis, obesity, etc.)
• Are pregnant or breastfeeding
• Have injuries, chronic pain, or mobility limitations
• Are taking any medications (especially heart, blood pressure, or diabetes medications)
• Are over 40 years old and have been physically inactive
• Have a family history of heart disease or sudden cardiac death
• Experience chest pain, dizziness, or shortness of breath during exercise
• Have recently had surgery or medical procedures
• Have eating disorders or history of disordered eating
• Have any concerns about your ability to safely exercise

9.3 INJURY & HEALTH RISKS

⚠️ Physical exercise carries inherent risks including but not limited to:

• Musculoskeletal injuries (sprains, strains, tears, fractures, dislocations)
• Cardiovascular incidents (heart attack, stroke, arrhythmia)
• Dehydration and heat-related illness (heat exhaustion, heat stroke)
• Exacerbation of existing medical conditions
• Overtraining syndrome and burnout
• Rhabdomyolysis (severe muscle breakdown)
• In rare cases, death

By using this app, you acknowledge these risks and assume full responsibility for your safety.

9.4 STOP IMMEDIATELY IF YOU EXPERIENCE

⚠️ Stop exercising immediately and seek medical attention if you experience:

• Chest pain, pressure, tightness, or discomfort
• Severe shortness of breath or difficulty breathing
• Dizziness, lightheadedness, or fainting
• Unusual or severe joint or muscle pain
• Nausea or vomiting
• Extreme fatigue or weakness
• Irregular or rapid heartbeat
• Cold sweat or clammy skin
• Confusion or disorientation
• Any other concerning symptoms

This app is NOT a substitute for emergency medical services. Call emergency services (999 in UK) immediately if needed.

9.5 MEDICATION INTERACTIONS

Exercise can interact with medications including:

• Blood pressure medications
• Diabetes medications (insulin, oral hypoglycemics)
• Blood thinners
• Heart medications
• Asthma inhalers

Consult your doctor about safe exercise practices with your medications.

9.6 NO GUARANTEED RESULTS

We do NOT guarantee any specific:

• Fitness results or performance improvements
• Weight loss, fat loss, or muscle gain
• Body composition changes
• Health improvements or disease prevention
• Achievement of personal goals
• Business results from AI coach advice (PTs)

Results vary widely based on individual factors including genetics, effort, consistency, nutrition, sleep, stress management, age, starting fitness level, and overall health.

9.7 NUTRITION & DIET DISCLAIMER

• Meal plans and nutrition suggestions are NOT medical nutrition therapy
• Consult a registered dietitian or doctor before making significant dietary changes
• Do not follow restrictive diets without medical supervision
• Inform us of all food allergies and dietary restrictions
• We are not liable for allergic reactions or adverse effects from meal suggestions

9.8 GPS RUNNING SAFETY

When using GPS running features:

• Stay aware of your surroundings (traffic, obstacles, people)
• Follow pedestrian and traffic laws
• Run in well-lit, safe areas
• Tell someone your route and expected return time
• Carry identification and emergency contact information
• Stay hydrated and dress appropriately for weather
• Listen to your body and stop if needed

9.9 USE AT YOUR OWN RISK

You use Fitevolve and follow any workout plans, nutrition advice, or PT recommendations entirely at your own risk.

Listen to your body. Modify or stop activities that cause pain or discomfort. Never push through pain.

9.10 COMPREHENSIVE LIABILITY DISCLAIMER

Fitevolve Ltd, its officers, directors, employees, contractors, and Personal Trainers are NOT liable for:

• Any injuries, health complications, adverse effects, or medical emergencies
• Aggravation or exacerbation of pre-existing conditions
• Medical emergencies during or after workouts
• Weight gain/loss or body composition changes
• Nutritional deficiencies, imbalances, or adverse diet effects
• Allergic reactions to recommended foods
• Mental or emotional distress
• Delayed medical treatment due to reliance on app
• Interaction between exercise and medications
• Business losses from AI coach advice (PTs)
• Inaccurate AI-generated information or recommendations
• Any damages, losses, or consequences arising from your use of this app or following any advice provided herein

YOU ASSUME ALL RISK AND LIABILITY FOR YOUR USE OF FITEVOLVE.

10. Content Moderation & Acceptable Use

10.1 Your Content

You may post the following content on Fitevolve:

• Progress photos
• Workout videos (proper form demonstrations, achievements)
• Chat messages (text, images, videos, voice)
• Profile information and bio
• Workout and meal plan reviews
• Running club posts and messages
• Success story submissions
• AI coach questions (PTs - keep general, no client identities)

By posting content, you grant Fitevolve a worldwide, royalty-free license to use, display, and distribute your content within the Services.

10.2 Prohibited Content

The following is strictly prohibited:

• Nudity or sexually explicit content
• Hate speech, racism, sexism, discrimination, or bigotry
• Harassment, bullying, threats, or intimidation
• Violence or graphic content
• Promotion of self-harm, suicide, or eating disorders
• Illegal activities or controlled substances
• Spam, unsolicited advertising, or multi-level marketing
• Impersonation of others (individuals, brands, organizations)
• False or misleading health claims
• Dangerous fitness challenges or extreme practices
• Content promoting unhealthy weight loss or extreme diets
• Body shaming, fat shaming, or negative body comments
• Copyright or trademark infringement
• Private information of others (doxxing)
• Malware, viruses, or malicious links
• Client-identifiable information in AI chats (PTs)

10.3 Health Content Guidelines

• No promotion of extreme calorie restriction or starvation diets
• No encouragement of eating disorders (anorexia, bulimia, binge eating)
• No body shaming or fat shaming of any kind
• No unqualified medical advice or diagnosis
• No promotion of dangerous supplements, steroids, or banned substances
• No before/after photos promoting unhealthy or unrealistic body standards

10.4 Moderation Approach

We employ:

• Automated filters to scan for prohibited content
• User reporting system for flagging violations
• Manual review by admin team for reported content
• Proactive monitoring of public content

We reserve the right to:

• Remove any content without notice or explanation
• Suspend or terminate accounts for violations
• Report illegal content to law enforcement authorities
• Preserve content as evidence for legal proceedings
• Modify these guidelines at any time

10.5 Reporting Process

To report content:

1. Tap the "Report" button on the content
2. Select reason for report (harassment, spam, inappropriate content, etc.)
3. Provide additional context if needed
4. Submit report

We review reports within 24-48 hours and take action if policy is violated.

10.6 Penalties for Violations

• 1st offense: Warning + content removal
• 2nd offense: 7-day account suspension
• 3rd offense: 30-day account suspension
• Severe violations: Immediate permanent ban without warning
• Illegal content: Reported to authorities + permanent ban

10.7 Appeals

If your content is removed or account suspended:

1. Email contact@fitevolve.app within 14 days
2. Explain why you believe the action was incorrect
3. Provide any relevant context or evidence
4. We review and respond within 7 business days
5. Our decision after review is final

10.8 Liability Disclaimer

• We are NOT responsible for user-generated content
• We do NOT endorse any user content
• We do NOT verify accuracy of user posts or claims
• Users are solely responsible for their content and its consequences
• We are NOT liable for content we fail to moderate or remove

10.9 User-Contributed Food Database

How It Works:

• Users can submit nutrition information for foods not in our official database
• User-submitted foods require 3 user verifications or 1 admin instant verification to be marked "verified"

⚠️ IMPORTANT LIMITATIONS:

1. NOT GUARANTEED ACCURATE: User-submitted nutrition data may be incorrectly measured, based on outdated products, rounded/estimated, or completely inaccurate.

2. MULTIPLE USERS CAN BE WRONG: A food marked "verified" means 3 users agreed on the data, NOT that it's officially verified or accurate. Three users can all make the same mistake or use the same incorrect source.

3. ALLERGEN RISK: User-submitted foods may:

• Omit critical allergen information
• Miss cross-contamination warnings
• Fail to list all ingredients
• Not reflect manufacturer recipe changes

⚠️ DO NOT rely on our database for managing life-threatening allergies or dietary restrictions.

4. BRAND CHANGES: Food manufacturers frequently change recipes, ingredients, serving sizes, and nutrition content. User data may reflect older product versions.

5. SERVING SIZE CONFUSION: Users may submit data for different serving sizes, pre-cooked vs. cooked weights, or entire packages vs. single servings.

Your Responsibility:

• ALWAYS verify nutrition information with official sources (product packaging, manufacturer websites, USDA, UK government databases)
• Cross-check user-submitted data before trusting it
• Report obviously incorrect submissions
• Update outdated information when you notice changes
• Never rely solely on our database for medical diet requirements

Official Databases: Where possible, use foods from our official databases (USDA, FatSecret API, etc.) which are marked with an official source badge.

Liability: Fitevolve Ltd is NOT responsible for:

• Allergic reactions due to missing allergen information
• Weight gain/loss from inaccurate calorie data
• Health complications from following incorrect nutrition information
• Errors in user-submitted food data
• Outdated or incorrect brand information
• Any consequences of relying on user-generated content

11. Intellectual Property

11.1 Fitevolve Ownership

All intellectual property in Fitevolve (except user-generated content) is owned by Fitevolve Ltd, including:

• App design, code, and functionality
• Official workout plans and meal plans
• Fitevolve logo, branding, and trademarks
• Original content created by Fitevolve
• Official instructional videos and guides
• AI system prompts and configurations

11.2 User Content Ownership

You retain ownership of content you post (photos, videos, messages, reviews).

However, you grant Fitevolve:

• A worldwide, non-exclusive, royalty-free license
• To use, display, distribute, modify, and reproduce your content
• Within the Services and for marketing purposes
• For as long as your content remains on the platform

11.3 License Restrictions

You may NOT:

• Copy, modify, or reverse engineer the app
• Use Fitevolve branding without permission
• Scrape or extract data from the platform
• Create derivative works
• Distribute or sell Fitevolve content

12. Service Availability and Changes

12.1 No Guarantee of Availability

• Fitevolve does NOT guarantee uninterrupted or error-free access
• Services may be temporarily unavailable due to maintenance, updates, or technical issues
• We do not guarantee any minimum uptime or availability
• AI coach may be unavailable due to OpenAI service interruptions

12.2 Modifications to Services

We may:

• Modify, add, or discontinue features without notice
• Change pricing with 30 days' notice to existing subscribers
• Update app design and functionality
• Remove or restrict access to certain content
• Modify or discontinue AI coach feature

12.3 Force Majeure

We are not liable for service interruptions due to:

• Natural disasters, pandemics, or acts of God
• Government actions or regulations
• Internet service provider failures
• Cyberattacks or security incidents
• Third-party service failures (OpenAI, Google Maps, payment processors)
• Labor disputes or strikes
• Any events beyond our reasonable control

13. Termination

13.1 Your Right to Terminate

• You may delete your account at any time via Settings > Account > Delete Account
• Account deletion is permanent and cannot be undone
• All your data will be deleted within 30 days (subject to legal retention requirements)
• Active subscriptions must be cancelled through your app store

13.2 Our Right to Terminate

Fitevolve may suspend or terminate your account for:

• Violation of these Terms
• Illegal activity or fraudulent conduct
• Abuse, harassment, or threats toward other users or staff
• Repeated policy violations
• Non-payment or payment disputes
• Underage use (under 18 without parental consent)
• Misuse of AI coach (sharing client identities, inappropriate content)
• At our sole discretion for any reason

13.3 Effect of Termination

Upon termination:

• Your right to use the app ends immediately
• You lose access to all features and your data
• We may retain limited records as required by law (payment records, legal claims)
• Active subscriptions must still be cancelled through app store
• No refunds for partial subscription periods

14. Limitation of Liability

14.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY UK LAW:

Fitevolve Ltd's maximum liability to any user for all claims arising from use of the Services is limited to the total amount paid by you to Fitevolve in the 12 months preceding the claim (typically £143.88 for annual subscription + £9.99 PT upgrade = maximum ~£153.87).

14.2 No Liability For

Fitevolve Ltd is NOT liable for:

• Injury, loss, death, or damage arising from use of the app or PT advice
• Lost profits, revenue, data, or business opportunities
• Indirect, incidental, consequential, or punitive damages
• PT negligence, misconduct, or unprofessional conduct
• Third-party services (Apple, Google, payment processors, OpenAI)
• User-generated content or inaccurate information
• Service interruptions or data loss
• Unauthorized access to your account
• AI-generated advice or business losses from following AI recommendations
• Inaccurate, outdated, or harmful AI responses

14.3 Indemnification

You agree to indemnify and hold harmless Fitevolve Ltd, its officers, directors, employees, contractors, and Personal Trainers from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your content or conduct on the platform
• Your interactions with Personal Trainers
• Your use of the AI coach feature

14.4 Consumer Rights

Nothing in these Terms limits your statutory consumer rights under UK law, including:

• Consumer Rights Act 2015
• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
• UK GDPR data protection rights

15. Dispute Resolution & Governing Law

15.1 Governing Law

These Terms are governed by the laws of England and Wales.

15.2 Jurisdiction

Any disputes arising from these Terms or your use of Fitevolve will be subject to the exclusive jurisdiction of the courts of England and Wales.

Exception: If you are resident in Scotland or Northern Ireland, you may also bring proceedings in your local courts.

15.3 No Forced Arbitration

UK consumers cannot be forced into binding arbitration. You retain the right to bring claims in court.

15.4 Small Claims

You may bring claims in small claims court if they qualify under small claims procedures.

15.5 Informal Resolution

Before filing any legal claim, please contact us at contact@fitevolve.app to attempt informal resolution.

16. Changes to These Terms

16.1 Right to Modify

We may update these Terms from time to time to reflect:

• Changes in our services or features
• Legal or regulatory requirements
• User feedback or industry best practices

16.2 Notice of Changes

We will notify you of material changes via:

• In-app notification
• Email to your registered address
• Prominent notice in the app

16.3 Effective Date

Changes take effect 30 days after notification (or immediately if required by law).

Continued use of Fitevolve after changes constitutes acceptance of the updated Terms.

If you do not agree with changes, you must stop using the Services and delete your account.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fitevolve Ltd.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

17.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

17.4 Assignment

We may assign these Terms or any rights/obligations under them. You may not assign your rights without our written consent.

17.5 Third-Party Services

These Terms do not create rights for any third parties.

17.6 Language

These Terms are written in English. Any translations are for convenience only. The English version controls in case of conflict.

18. Contact Information

Fitevolve Ltd (Company No. 16825211)

Registered Address: 5 Hilton Walk, Canvey Island, SS8 9XZ

General Inquiries: contact@fitevolve.app

Support: support@fitevolve.app

Appeals: contact@fitevolve.app

Data Protection & Security: security@fitevolve.app

Office Hours: Monday-Friday 9:00am - 5:00pm GMT

Response Time: We aim to respond within 24-48 hours on business days

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