GetFitAI – Terms & Conditions

1. ACCEPTANCE OF TERMS

1. By using the App, you agree to comply with and be legally bound by this Agreement. If you do not agree to these terms, you may not use the App.
2. We reserve the right, in our sole discretion, to modify this Agreement at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the App following such modification constitutes your acceptance of the modified Agreement.

2. DESCRIPTION OF SERVICE

1. The App provides the following services:
   1. Creation of a personalized calorie profile based on user input;
   2. Generation of workout routines based on user goals;
   3. Calorie content calculation for food items photographed by the user; and
   4. Demonstration videos for exercise equipment photographed by the user.

3. DISCLAIMERS

4. USER ELIGIBILITY AND REGISTRATION

1. Age Restrictions: You must be at least 18 years of age to use the App. If you are under 18, you may only use the App with the involvement and consent of a parent or legal guardian who agrees to be bound by this Agreement.
2. Account Creation: To use certain features of the App, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3. Account Security: You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.

5. USER CONTENT AND DATA

1. License Grant: By submitting content to the App (including photos of food and exercise equipment), you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content solely for the purposes of providing and improving the App's services, and for the limited purpose of promoting the App with your consent.
2. Representations and Warranties: You represent and warrant that you have the necessary rights to grant the license in Section 4.1 and that your content does not violate any third-party rights or applicable laws.
3. Data Protection and Privacy: The Company will collect, process, and protect your personal data in accordance with our Privacy Policy, which is incorporated by reference into this Agreement. We comply with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable.
4. Data Security Measures: We implement industry-standard technical and organizational measures to protect your personal data against unauthorized access, disclosure, alteration, or destruction. These measures include encryption of data in transit and at rest, regular security audits, and employee training on data protection practices.
5. Data Subject Rights: Depending on your jurisdiction, you may have certain rights regarding your personal data, including the right to access, correct, delete, or port your data. To exercise these rights, please contact us at GetFitAIOfficial@gmail.com.

6. PAYMENT TERMS AND SUBSCRIPTION

1. Subscription Options: The App is offered on a subscription basis with the following options:
   1. Monthly Plan: [amount] per month
   2. Annual Plan: [amount] per year (save [X]%)
   3. Free Trial: [X] days free trial for new users (credit card required)
2. Auto-Renewal: You agree to automatic payments on the anniversary date of your initial subscription. All fees are exclusive of applicable taxes, which may be added to the amount charged.
3. Cancellation: You may cancel your subscription at any time either through the mobile application store where the App was purchased or through the Company's website at [www.getfitai.com/cancel]. Cancellation will be effective at the end of the current billing cycle.
4. Refund Policy: No refunds or credits will be provided for partial months of service. However, if you cancel within the first 14 days of your initial subscription, you may be eligible for a full refund. Please contact customer support for assistance.

7. AFFILIATE REFERRAL PROGRAM

1. Program Overview: The Company offers an affiliate referral program. An affiliate partner will receive a referral fee equal to the first month's subscription fee for any new user who lists the affiliate partner as a referral when signing up for the App.
2. Affiliate Terms: To participate in the affiliate program, partners must agree to separate Affiliate Terms and Conditions, which govern the referral process, payment terms, and program restrictions.
3. Payment Process: Referral fees will be paid to affiliate partners on a monthly basis, subject to a minimum payout threshold of [amount]. Payments will be made via [payment method] within [X] days of the end of each calendar month.
4. Program Modifications: The Company reserves the right to modify or terminate the affiliate referral program at any time without prior notice. Any changes will be communicated to active affiliate partners via email.

8. INTELLECTUAL PROPERTY RIGHTS

1. Company Ownership: The App, including all content, features, functionality, and AI-generated content, is owned by the Company and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. Limited License: You are granted a limited, non-exclusive, non-transferable, and revocable license to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as expressly permitted by this Agreement.
3. User Content: You retain any copyright that you may hold in User Content. By submitting User Content, you grant the Company the license described in Section 4.1.

9. APP UPDATES AND MAINTENANCE

1. App Updates: The Company may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the App ("Updates"). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update.
2. Maintenance: The Company reserves the right to perform scheduled maintenance or emergency maintenance on the App. During these maintenance periods, the App may be unavailable or have limited functionality. We will strive to provide advance notice of scheduled maintenance through in-app notifications or email.

10. INTERNET CONNECTIVITY AND DEVICE REQUIREMENTS

1. Internet Connectivity: The App requires an active internet connection to function properly. While some features may work offline, full functionality, including AI-powered calculations and video demonstrations, requires internet connectivity.
2. Device Requirements: The App is designed to work on [list compatible devices and operating systems]. We do not guarantee functionality on other devices or operating systems.

11. DISCLAIMER OF WARRANTIES

1. THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
2. The Company does not warrant that a) the App will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements.

12. LIMITATION OF LIABILITY

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
   1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP;
   2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP;
   3. ANY CONTENT OBTAINED FROM THE APP; AND
   4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

13. TERMINATION

1. Termination by User: You may terminate your use of the App and this Agreement at any time by cancelling your subscription and deleting the App from your device.
2. Termination by Company: The Company may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement.
3. Effect of Termination: Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App.
4. Survival: All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. GOVERNING LAW AND DISPUTE RESOLUTION

1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
2. Dispute Resolution: Any dispute arising out of or relating to this Agreement or the App shall be resolved through binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be held in Apple Valley, CA, and the arbitrator's decision shall be final and binding. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
3. Class Action Waiver: Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

15. MISCELLANEOUS

1. Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
2. Entire Agreement: This Agreement, together with the Privacy Policy and any other legal notices published by the Company on the App, shall constitute the entire agreement between you and the Company concerning the App.
3. No Waiver: The failure of the Company to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
4. Force Majeure: The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, terrorist attacks, or government actions.
5. Assignment: You may not assign or transfer this Agreement, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer this Agreement without such consent shall be null and void. The Company may freely assign or transfer this Agreement without restriction.
6. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by the Company via email (in each case to the address that you provide) or by posting to the App.

16. CONTACT INFORMATION

If you have any questions about these Terms or the App, please contact us at GetFitAIOfficial@gmail.com.

By using the Get Fit AI App, you acknowledge that you have read this Agreement, understood it, and agree to be bound by its terms and conditions.

[End of Agreement]