PhysiqueProAI

AI-powered fitness coaching

TERMS OF SERVICE

Effective Date: March 19, 2025

Welcome to PhysiqueProAI! These Terms of Service ("Terms") govern your access to and use of the website and mobile app PhysiqueProAI.com (the "Site"), operated by PhysiqueProAI ("PhysiqueProAI," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Site.

1. Services

PhysiqueProAI provides a platform for AI-powered fitness coaching, personalized workout plans, exercise form analysis, progress tracking, and nutrition guidance. The specific features and functionalities of the Services may change from time to time.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a contract to use the Services. You must also have a valid payment method acceptable to PhysiqueProAI. Due to the physical nature of fitness activities, you are responsible for ensuring you are in suitable physical condition to use our Services.

3. Account Creation

To access certain features of the Site, you will need to create an account. You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities that occur under your account. You agree to provide accurate and complete information when creating your account, including accurate physical measurements and health information that may be used to personalize your experience.

4. User Content

Users may be able to submit content to the Site, such as comments, reviews, workout photos, videos for form analysis, or fitness data. You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to your User Content and that your User Content does not infringe on the rights of any third party. You grant PhysiqueProAI a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and distribute your User Content in connection with the Services. You agree not to submit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

5. Prohibited Activities

You agree not to:

  • Use the Site for any illegal or unauthorized purpose.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
  • Attempt to gain unauthorized access to any part of the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means.
  • Use the Services in a way that could cause physical harm or injury.
  • Falsify health or fitness information that could lead to inappropriate workout recommendations.
  • Violate any applicable laws or regulations.

6. Intellectual Property

The Site and its content, including but not limited to text, graphics, logos, images, workout programs, AI algorithms, exercise databases, software, and code, are the property of PhysiqueProAI and are protected by copyright and other intellectual property laws.

7. Disclaimer of Warranties

The Services are provided "as is" and "as available" without any warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. PhysiqueProAI does not warrant that the Services will be uninterrupted, error-free, or secure.

IMPORTANT: PhysiqueProAI is not a medical service. Our AI-generated workout plans and nutrition guidance are not a substitute for professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider before beginning any new fitness program, especially if you have any medical conditions or injuries.

8. Limitation of Liability

To the fullest extent permitted by law, PhysiqueProAI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to your use of the Site or Services, even if PhysiqueProAI has been advised of the possibility of such damages.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

10. Changes to Terms

PhysiqueProAI may update these Terms at any time. We will notify you of any material changes by posting the updated Terms on the Site. Your continued use of the Site following the posting of such changes constitutes acceptance of the revised Terms.

11. Fitness and Health Disclaimer

ATTENTION: Always consult a physician before starting a workout program, changing your workout routine, or changing your diet. Not all workout routines, exercises and/or activities are suitable for everyone. If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert. The instructions and advice presented are in no way intended as a substitute for medical or psychological counseling.

12. Waiver and Release of Liability

By using PhysiqueProAI, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless PhysiqueProAI, its officers, directors, shareholders and employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the PhysiqueProAI website, mobile application, or any other PhysiqueProAI service. You agree that neither PhysiqueProAI, or its officers, directors, shareholders and employees, shall have any liability to you under any theory of liability or indemnity in connection with your use of PhysiqueProAI.

You hereby release and forever waive any and all claims you may have against PhysiqueProAI, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of PhysiqueProAI. The total liability of PhysiqueProAI, and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided in the 12-months prior to the date the claim arises. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of PhysiqueProAI are hereby excluded even if PhysiqueProAI or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law.

13. User-Generated Content and Community Guidelines

The following rules of content apply to PhysiqueProAI. By using PhysiqueProAI, you agree that you will not distribute any submission, post or imagery that:

  • Is defamatory, harassing, threatening, abusive, or invades the privacy of another individual;
  • Is hateful, racially offensive, or bigoted;
  • Is vulgar, sexually explicit, pornographic, violent, or obscene;
  • Could be expected to harm any person or entity;
  • Promotes or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
  • Violates or infringes upon any third party's intellectual property rights, privacy rights, or publicity rights;
  • Is commercial, business-related, or advertises or offers to sell any products, services, or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  • Contains a virus or other harmful component, or otherwise tampers with, impairs, or damages the Site or any connected network;
  • Is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

We reserve the right, but disclaim any obligation or responsibility, to (i) refuse to post or remove or communicate any submission from any site that violates the terms of use and (ii) identify any user to third parties, and/or disclose to third parties any submission or personally identifiable information, when such identification or disclosure will either (a) facilitate compliance with laws, including, compliance with a court order or subpoena, or (b) help enforce these terms of use and/or protect the safety or security of any person or property, including the Site. We retain all rights to remove any submissions at any time for any reason or no reason whatsoever.

14. Free Trial and Subscription Terms

PhysiqueProAI may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter your billing information to sign up for the Free Trial.

If you do enter your billing information when signing up for a Free Trial, you will not be charged by PhysiqueProAI until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, PhysiqueProAI reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

15. Refund Policy

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by PhysiqueProAI on a case-by-case basis and granted at the sole discretion of PhysiqueProAI.

If you have purchased a subscription through an app store, the app store's refund policy will apply. If you wish to request a refund, you may do so by contacting the app store directly.

16. Third-Party Links

Our Service may contain links to third-party websites or services that are not owned or controlled by PhysiqueProAI. PhysiqueProAI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that PhysiqueProAI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

17. Contact Us

If you have any questions about these Terms, please contact us at terms@physiqueproai.com