01 ·Introduction
These Terms of Service (“Terms”) form a legally binding agreement between you (“you” or “your”) and Fitquency, Inc. (“Fitquency,” “we,” “us”) governing your access to and use of the Fitquency platform, websites, mobile applications, and related services (collectively, the “Services”).
By creating an account or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you don't agree, don't use the Services.legal-draft
Plain English summary: use Fitquency respectfully, pay for what you use, keep your clients' data safe, and we'll treat you fairly. The full terms live below for when you need them.
02 ·Eligibility & accounts
Who can use Fitquency
You must be at least 18 years old to create an account. If you're using Fitquency on behalf of a business, you represent that you have authority to bind that business to these Terms.
Account security
- Keep your login credentials secret. You're responsible for activity under your account.
- Enable two-factor authentication (or better, a passkey) — we strongly recommend it for everyone with billing or client-data access.
- Tell us immediately at security@fitquency.com if you suspect unauthorized access.
One person, one account
Each account is for a single natural person. You can belong to multiple organizations, but you can't share a login with anyone else. Organization seats are purchased separately.
03 ·Subscription & billing
Paid plans are billed monthly or annually in advance. Current pricing lives on our pricing page. Taxes are additional where applicable.
Renewals
Subscriptions renew automatically at the end of each billing cycle at the then-current rate. You can cancel any time from Settings → Billing; cancellation takes effect at the end of your current cycle, and you won't be charged again.
Refunds
We offer a 30-day satisfaction guarantee on your first paid month. After that, payments are non-refundable except where required by law. Annual plans that are cancelled mid-term are not prorated back.counsel-review
Payment processing
We use Stripe as our payment processor. Your card details never touch our servers. Stripe's terms govern your payment relationship (see stripe.com/legal).
04 ·Free trial terms
New Professional and Business accounts include a 14-day free trial. We don't require a credit card to start. You'll get an email 3 days before the trial ends. If you don't upgrade, your account automatically downgrades to the Free plan — your data is preserved, it just gets capped.
Trial abuse (creating multiple accounts to extend free use) may result in immediate termination.
05 ·Acceptable use
Don't use Fitquency to:
- Break the law or infringe anyone's rights
- Upload malware, phishing content, or illegal material
- Harass, threaten, or deceive clients, trainers, or staff
- Impersonate anyone
- Scrape, reverse-engineer, or reuse our API outside documented rate limits
- Interfere with our infrastructure or other customers' use
- Use the Services to operate a competing product
Violations may result in warning, suspension, or termination without refund, and may be reported to law enforcement.
06 ·Your content & data
You own your content. You grant Fitquency a worldwide, non-exclusive license to host, transmit, and display it solely to operate the Services for you. We don't sell your data, ever.
Progress photos (special category)
Progress photos are end-to-end encrypted on device. We cannot read them, even under subpoena, beyond producing the encrypted blob. See our Privacy Policy for full details on the E2EE architecture and the legal-hold exception.
Client data
If you're a Trainer or Gym Owner, you're the data controller for your clients under applicable privacy law (GDPR, CCPA, etc.). You represent you have a lawful basis to process their data on Fitquency.
07 ·Intellectual property
The Services, including the Fitquency name, logo, user interface, and underlying code, are owned by Fitquency and protected by copyright, trademark, and trade-secret laws. Nothing in these Terms grants you any right to our IP beyond the right to use the Services as intended.
You may not use our name or logos in marketing materials without written permission, except to state “we use Fitquency.”
08 ·Privacy & security
Your use is also governed by our Privacy Policy, which describes what we collect, how we use it, and your rights. Security practices — encryption at rest, key management, SOC 2 alignment, PCI DSS 4.0.1 posture — are summarized at fitquency.com/security.
09 ·Third-party services
Fitquency integrates with third-party services (Stripe for payments, Supabase for auth + storage, OpenAI for AI features, etc.). Your use of those services is governed by their own terms and privacy policies.
We're not responsible for any third-party service's availability, content, or terms — but we'll tell you what we use and why in our subprocessor list.
10 ·Termination
You can terminate any time by cancelling your subscription and deleting your account. We can terminate or suspend your account immediately for material breach of these Terms, non-payment, or legal necessity.
On termination, you can export your data for 30 days. After 30 days we delete it per our data retention schedule, subject to legal-hold obligations.
11 ·Disclaimers
Fitquency is not a medical service. Workouts, nutrition plans, and AI suggestions are for general wellness and educational purposes only. They're not medical advice, diagnosis, or treatment. Consult a qualified healthcare professional before starting any fitness or nutrition program, especially if you have a medical condition.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.counsel-review
12 ·Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITQUENCY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.counsel-review
We're not liable for indirect, incidental, consequential, or punitive damages, or for loss of profits, data, or goodwill.
13 ·Indemnification
You'll indemnify and hold harmless Fitquency from any third-party claim arising from your content, your violation of these Terms, or your violation of law.counsel-review
14 ·Governing law & dispute resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules.
Any dispute must first be raised to legal@fitquency.com. Unresolved disputes are subject to binding arbitration under the American Arbitration Association's Commercial Rules, venue in Wilmington, Delaware. Either party may bring a small-claims action in its local jurisdiction.counsel-review
Class-action waiver: you agree to resolve disputes individually and waive any right to proceed on a class or representative basis.
15 ·Changes to these terms
We may update these Terms from time to time. Material changes will be emailed to the address on file at least 30 days before taking effect. Non-material changes (typos, clarifications) go live immediately with a new “Last updated” date.
Continued use after changes take effect means you accept them. If you disagree, cancel your account before the effective date.
16 ·Contact us
Questions about these Terms?
- Email: legal@fitquency.com
- Security issues: security@fitquency.com
- Everything else: fitquency.com/contact
Fitquency, Inc. · 1209 Orange Street, Wilmington, DE 19801, USAregistered-agent
This document is a structural mockup. Final legal prose will be reviewed and signed off by counsel before first public launch. Sections marked legal-draft, counsel-review, and registered-agent require legal review or real data before publication.