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Terms of Use

Last updated: September 9, 2026

These Terms of Use (“Terms”) govern your access to and use of the FitAxis mobile application, Apple Watch app, and related web services (collectively, the “Service”) provided by FitAxis (“FitAxis,” “we,” “us,” or “our”), a company based in California. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Please read Section 12 (Subscriptions, Billing, and Automatic Renewal) and Section 15 (Limitation of Liability) carefully. They contain important information about automatic renewal of paid subscriptions and limits on our liability.

1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and 17 years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. In accordance with the California Consumer Privacy Act, if you are under 16 years old, we will not sell or share your personal information unless you (if you are 13 to 15) or your parent or guardian (if you are under 13) affirmatively authorize it. By using the Service, you represent that you meet these eligibility requirements. If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete it.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to disable any account at our discretion if we believe you have violated these Terms.

3. Gym Owners and Operators

If you use the Service as a gym owner, operator, or administrator, you represent that you have the authority to bind the business entity you represent to these Terms. You are solely responsible for:

  • The accuracy of gym information, class schedules, and member-facing content you publish through the Service.
  • Managing member access to your gym’s account and data within the Service.
  • Complying with all applicable laws in your jurisdiction regarding the collection and handling of member information, including, where applicable, the California Consumer Privacy Act as amended by the California Privacy Rights Act.
  • Ensuring that any waivers, consent forms, or agreements you present to members through the Service are legally sufficient under applicable law. FitAxis provides waiver and e-signature tools as a convenience and makes no representation that any specific waiver language meets the requirements of any jurisdiction.

As between you and FitAxis, you act as an independent business with respect to your members. Where you determine the purposes and means of processing your members’ personal information, you are the “business” or controller of that information and are responsible for providing your members with any legally required notices and rights.

4. Member Use

If you access the Service as a gym member, your use of the Service is also subject to any additional terms, policies, or rules set by the gym or operator through whose account you access the Service. Your gym operator acts as an independent controller of your membership data within their account.

5. Health and Fitness Disclaimer

The Service provides workout tracking, nutrition logging, fitness metrics, and AI-generated workout suggestions for informational and personal tracking purposes only. Nothing in the Service constitutes medical, nutritional, or dietary advice. You should consult a qualified physician, registered dietitian, or other licensed healthcare professional before beginning any new exercise program or making changes to your diet or health regimen. FitAxis is not responsible for any injury, illness, or adverse outcome resulting from use of the Service or reliance on any content within it.

6. Nutrition Data

Nutrition data is provided in part through the fatsecret Platform API. By using the food search feature, you agree to fatsecret’s Platform API Terms of Use (available at platform.fatsecret.com). Product information from third-party sources may differ from the actual product. Always refer to the physical package for the most accurate nutrition information.

7. Apple HealthKit and Health Data

With your permission, the Service reads and writes health and fitness data through Apple HealthKit. You may revoke these permissions at any time through your device Settings. FitAxis does not use HealthKit data for advertising, and does not sell or share HealthKit data with third parties except as described in our Privacy Policy.

California residents: health and fitness information you provide may constitute “sensitive personal information” under the California Privacy Rights Act and, in certain circumstances, “medical information” under California’s Confidentiality of Medical Information Act. We handle this information as described in our Privacy Policy, and we do not sell it. You have the right to limit our use of your sensitive personal information as described in Section 19.

8. AI-Generated Content

The Service may offer AI-generated workout plans, motivational content, and suggestions. This content is generated automatically and is provided for informational purposes only. It does not account for your individual health history, physical limitations, or medical conditions. Always use your own judgment and consult a professional before following any AI-generated recommendation.

9. User Conduct

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law.
  • Post or transmit any content that is abusive, harassing, defamatory, or otherwise objectionable.
  • Attempt to gain unauthorized access to any part of the Service or another user’s account.
  • Interfere with or disrupt the integrity or performance of the Service.
  • Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by applicable law.
  • Use the Service to transmit unsolicited commercial communications.

10. Intellectual Property

The Service and its original content, features, and functionality are owned by FitAxis and are protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

User-generated content you submit (such as workout logs, posts, and messages) remains yours. By submitting content, you grant FitAxis a limited, non-exclusive license to store and display that content as necessary to operate the Service.

11. Third-Party Services

The Service integrates with third-party services including Apple HealthKit, Apple Calendar, Firebase, and nutrition data providers. Your use of those services is governed by their respective terms and privacy policies. FitAxis is not responsible for the practices of any third-party service.

12. Subscriptions, Billing, and Automatic Renewal

This section applies to paid gym owner and operator subscriptions to the Service. It is intended to comply with California’s Automatic Renewal Law (California Business & Professions Code sections 17600-17606).

Automatic renewal. Paid subscriptions to the Service automatically renew. Unless you cancel, your subscription will automatically renew at the end of each billing period (for example, monthly or annually, according to the plan you select), and the payment method on file will be charged the then-current subscription fee for the renewal term. The length of each renewal term is the same as your initial term unless stated otherwise at signup.

Recurring charges. By enrolling in a paid subscription, you authorize FitAxis to charge your payment method on a recurring basis for the subscription fee, plus any applicable taxes, until you cancel.

How to cancel. You may cancel your subscription at any time, and you may do so by the same method you used to enroll. If you signed up online through our billing portal, you may cancel online through your account in the billing portal, without being required to call or speak to a representative. You may also cancel by emailing support@getfitaxis.com. To avoid being charged for the next billing period, you must cancel before your current period ends. Cancellation takes effect at the end of the current billing period, and you will retain access to the Service until then.

Free trials and promotions. If your subscription begins with a free trial or promotional period, you may cancel before the end of that period to avoid being charged. Unless otherwise stated, if you do not cancel before the free trial or promotional period ends, we will automatically begin charging your payment method the applicable subscription fee, and the subscription will continue to renew automatically as described above.

Price changes. FitAxis reserves the right to change subscription pricing. We will provide you with clear and conspicuous notice of any price increase and, where required by law, obtain your affirmative consent to the new price before it takes effect. If you do not agree to a price change, you may cancel before it takes effect.

Refunds. Subscription fees are non-refundable except where required by law. Nothing in these Terms limits any non-waivable refund or cancellation right you may have under California law, including any right to a refund in connection with an improper automatic renewal.

Member-facing tracking. Member-facing credit and session tracking within the Service is a record-keeping tool only; no member payment processing occurs within the App.

13. Termination

We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms, with or without notice. You may cancel your account at any time as described in Section 12 or by contacting us. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, and limitations of liability.

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FITAXIS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. Some jurisdictions, including California, do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in this section limits liability for gross negligence, willful misconduct, or personal injury to the extent such limitation is prohibited by California law.

16. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Except where prohibited by applicable law, any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in California, and you consent to personal jurisdiction in those courts. This section does not deprive you of the protection of any mandatory consumer-protection provisions of the law of the place where you reside.

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date above, and, where required by law, we will provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

18. Your California Privacy Rights

If you are a California resident, the California Consumer Privacy Act, as amended by the California Privacy Rights Act, gives you the right to:

  • Know what personal information we collect about you and how we use and disclose it.
  • Request access to and a copy of the personal information we hold about you.
  • Request correction of inaccurate personal information.
  • Request deletion of your personal information, subject to certain exceptions.
  • Opt out of the sale or sharing of your personal information. FitAxis does not sell your personal information.
  • Limit the use and disclosure of your sensitive personal information, including health and fitness information.
  • Not receive discriminatory treatment for exercising any of these rights.

To exercise these rights, contact us at support@getfitaxis.com or as described in our Privacy Policy. We will not discriminate against you for exercising any of your California privacy rights.

California’s “Shine the Light” law (Civil Code section 1798.83) permits California residents to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose personal information to third parties for their own direct marketing purposes.

19. Right to Limit Sensitive Personal Information

Because the Service processes health and fitness information, California residents have the right to direct us to limit the use and disclosure of their sensitive personal information to what is necessary to provide the Service. To exercise this right, contact us at support@getfitaxis.com.

20. Notice for Users Who Sign Up in Spanish

If we present the Service, checkout, or subscription offer to you primarily in Spanish, you may request a copy of these Terms and any automatic-renewal disclosures in Spanish by contacting support@getfitaxis.com. [PLACEHOLDER: If FitAxis markets or sells subscriptions in Spanish, California law may require a Spanish-language translation of the contract and renewal terms. Confirm scope with counsel and provide a translated version before launching Spanish-language marketing.]

21. Contact Us

If you have questions about these Terms, or to exercise any right described above, contact us at support@getfitaxis.com.

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