Terms of Service

Effective Date: January 27, 2025 · Last Updated: January 27, 2025

These Terms of Service ("Terms") govern your access to and use of the AthletiQ mobile application ("App") provided by Flairr ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Eligibility

You must be at least 13 years of age to use the App. If you are between 13 and 18, you must have the consent of a parent or legal guardian. By using the App, you represent and warrant that you meet these requirements.

2. Account Registration

To access certain features, you must create an account using Apple Sign-In or email and password. You are responsible for:

• Providing accurate and complete registration information.
• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account.

You must notify us immediately at support@athletiqlabs.org if you suspect unauthorized access to your account.

3. Subscriptions and Payments

3.1 Paid Features

The App offers subscription plans and/or in-app purchases that unlock premium features. Pricing, features, and billing cycles are displayed in the App and on the App Store at the time of purchase.

3.2 Billing

All payments are processed through Apple's App Store. By subscribing, you agree to Apple's payment terms. Subscriptions automatically renew at the end of each billing period unless cancelled.

3.3 Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a billing cycle.

3.4 Refunds

Refund requests are handled by Apple in accordance with their refund policy. We do not process refunds directly.

3.5 Price Changes

We may change subscription pricing at any time. You will be notified of price changes in advance, and continued use after the new pricing takes effect constitutes acceptance.

4. Use of the App

4.1 Permitted Use

You may use the App for personal, non-commercial fitness tracking and workout management purposes.

4.2 Prohibited Conduct

You agree not to:

• Use the App for any unlawful purpose.
• Reverse engineer, decompile, or disassemble any part of the App.
• Attempt to access other users' accounts or data.
• Interfere with or disrupt the App's infrastructure, servers, or networks.
• Use automated systems (bots, scrapers) to access the App.
• Upload malicious content or exploit vulnerabilities.
• Resell, sublicense, or redistribute the App or its content.
• Use the App to collect or harvest information about other users.

4.3 Generated Content

The App generates workout suggestions. You acknowledge that:

• Generated workouts are suggestions, not prescriptions.
• Generated content may not be suitable for every individual.
• You are solely responsible for evaluating whether any suggested exercise is appropriate for your fitness level and health status.

5. Health and Safety Disclaimer

The App is not a medical device and does not provide medical advice.

• Consult a qualified physician or healthcare provider before beginning any exercise program, especially if you have pre-existing health conditions, injuries, or are pregnant.
• The App's calorie estimates, workout intensity ratings, and suggestions are approximations and should not be relied upon as medical guidance.
• Camera-based rep counting provides automated movement detection. It does not assess exercise form safety or correctness. You are responsible for maintaining proper form.
• You assume all risk associated with physical exercise performed while using the App.
• If you experience pain, dizziness, shortness of breath, or other concerning symptoms during exercise, stop immediately and seek medical attention.

By using the App, you acknowledge that exercise carries inherent risks of injury and that Flairr is not liable for any injury, illness, or death resulting from your use of the App.

6. Intellectual Property

6.1 Our Property

The App, including its design, code, features, content, trademarks, and logos, is the property of Flairr and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal purposes subject to these Terms.

6.2 Your Content

You retain ownership of the personal data, workout configurations, and other content you create within the App ("User Content"). By using the App, you grant us a limited license to store, process, and display your User Content solely to provide and improve the App's services to you.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the App, you grant us the right to use such feedback without restriction or compensation.

7. Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the App, you consent to the practices described in the Privacy Policy.

8. Third-Party Services

The App integrates with third-party services for authentication, payment processing, data storage, and workout generation. We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms and privacy policies.

9. Availability and Modifications

9.1 Service Availability

We strive to keep the App available at all times but do not guarantee uninterrupted access. The App may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

9.2 Modifications

We reserve the right to modify, update, or discontinue any part of the App at any time. We will make reasonable efforts to notify you of significant changes, but are not obligated to do so. Continued use after modifications constitutes acceptance.

10. Termination

10.1 By You

You may stop using the App and delete your account at any time.

10.2 By Us

We may suspend or terminate your account if you violate these Terms, engage in prohibited conduct, or if we discontinue the App. Upon termination, your right to use the App ceases immediately.

10.3 Effect of Termination

Upon termination, we may delete your account data in accordance with our Privacy Policy. Any provisions of these Terms that by their nature should survive termination will remain in effect.

11. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, FLAIRR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The App will meet your requirements.
• The App will be error-free or uninterrupted.
• Generated content will be accurate or suitable.
• Camera-based rep counting will be perfectly accurate.
• Calorie estimates or fitness metrics will be precise.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLAIRR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Flairr, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the App, violation of these Terms, or infringement of any third-party rights.

14. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which Flairr is incorporated, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration or in the courts of that jurisdiction, at our discretion.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top. Your continued use of the App after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Flairr regarding your use of the App, superseding any prior agreements.

18. Contact Us

If you have questions about these Terms, contact us at:

Email: support@athletiqlabs.org

AthletiQ is developed by Flairr.