Terms of Use
These terms are the agreement between you and the developer of FitAgain ("FitAgain", "we", "us") for using the FitAgain app and its services. Please read them, especially section 2: FitAgain is not medical care.
The short version
This summary helps you find your way. The full terms below are what apply.
- FitAgain is a fitness app. It doesn't diagnose or treat anything. Check with a doctor before you start if you have any doubt about your health, and stop if something hurts.
- Your coach is an AI. It can be wrong. Use your own judgment.
- FitAgain needs a subscription. Apple bills it and it renews until you cancel it in your Apple ID settings. Deleting the app or your account doesn't cancel it.
- A guest account can't be recovered if you lose your phone. Save it with Apple or Google in Settings.
- Your data is yours. Our Privacy Policy explains how we handle it.
1. Using FitAgain
By creating an account or using FitAgain, you agree to these terms and to the Privacy Policy. If you don't agree, please don't use FitAgain.
You must be at least 13 years old. If you're under 18, or under the age of majority where you live, you need a parent's or guardian's permission to use FitAgain and to buy a subscription.
2. FitAgain is not medical care
FitAgain is a general fitness and wellness app. It is not a medical device, and it doesn't diagnose, treat, cure or prevent any disease, injury or condition. Your plan, the coach's answers, the mobility routines, the forecasts and everything else in FitAgain are general information about training, not medical advice. They don't replace a doctor, physiotherapist or other health professional.
Check with a doctor before you start a new exercise program, especially if you have a heart condition, high blood pressure, chest pain, dizziness or fainting, a joint, bone or back problem, an injury, diabetes or another medical condition, if you are pregnant or have recently given birth, if you take medication that affects your heart rate or balance, or if you haven't exercised for a long time.
Stop exercising and get help if you feel chest pain, severe shortness of breath, dizziness, sharp or sudden pain, numbness or tingling, or anything else that worries you. In an emergency, call your local emergency number. Never use the coach for an emergency.
You're responsible for training safely: warming up, using good technique, choosing weights you can control, using a spotter or safety equipment for heavy free weights, checking that your equipment is safe, and changing or skipping anything that doesn't feel right for you. Exercise carries a risk of injury. You choose to take part, and you take that risk, to the extent the law allows.
3. Your AI coach
- It's an AI, not a person. The coach is a computer program powered by OpenAI's models, even though it has a name and a picture.
- It can be wrong. Its answers can be inaccurate, incomplete or unsuitable for you. Check anything important, and never rely on it for medical decisions.
- You decide. The coach proposes changes to your future plan, and they apply only when you accept them. A change you ask for in today's workout applies at once, and you can undo it.
- Limits. The coach answers a limited number of messages and voice messages each day. The app shows the limit. We may change it.
- Safety. Messages are checked automatically for harmful content, and the coach may refuse a request. You can report a reply with ๐ โ "Harmful or offensive", and we review reported replies.
- Your data. The coach works only after you agree to how it uses your data. The Privacy Policy explains it.
4. Your account
- You sign in with Apple or Google, or continue as a guest.
- Guest accounts exist only in the app's session on your phone. If you delete the app, sign out or lose your phone before saving your account with Apple or Google (Settings โ Save your account), you lose your plan and history, and we can't recover them. Unused guest accounts are deleted automatically, as the Privacy Policy describes.
- An account is for one person. Keep your Apple or Google account secure: what happens in your FitAgain account is your responsibility.
- You can delete your account at any time in Settings โ Delete account.
5. Subscription
- FitAgain needs an active subscription. The plans, prices and billing periods are shown on the purchase screen before you buy. If we ever offer a free trial or an introductory price, its terms are shown there too.
- Apple sells and bills it. You buy through the App Store, with your Apple ID. Apple's Media Services Terms and Conditions also apply.
- It renews automatically at the end of each period (monthly or yearly) at the then-current price, unless you cancel at least 24 hours before the period ends. Your Apple ID is charged for the renewal within the 24 hours before the period ends.
- To cancel: in your iPhone's Settings โ your name โ Subscriptions, or in FitAgain: Settings โ Subscription โ Manage subscription. You keep access until the end of the period you paid for. Deleting the app or your FitAgain account doesn't cancel your subscription.
- Refunds are handled by Apple under its policies, at reportaproblem.apple.com. We can't issue refunds for App Store purchases. Nothing in these terms limits a right to withdraw or a refund your local law gives you.
- Price changes: Apple tells you before a new price applies to your subscription and, where its rules require, asks you to agree.
- New phone: use Settings โ Subscription โ Restore purchases, signed in with the same Apple ID.
- When a subscription ends, you can no longer use FitAgain's features, but your data stays in your account until you delete it (guest accounts: see section 4).
6. Your licence to use FitAgain
We give you a personal, non-exclusive, non-transferable, revocable licence to use the FitAgain app on Apple devices you own or control, for your own non-commercial use, under these terms and the Usage Rules in Apple's Media Services Terms.
You must not:
- copy, change, sell, rent or redistribute FitAgain or any part of it;
- reverse engineer or decompile it, except as far as the law allows despite this restriction;
- access our server other than through the app, scrape or collect data from it, or use bots or automated tools;
- get around the subscription, the coach's limits, the bot check or any other protection;
- use FitAgain to build a competing product, or its content to train AI models;
- upload malware, or interfere with or overload our systems;
- use the coach to create content that is illegal, hateful, harassing, sexual, violent, or that encourages self-harm or harm to others;
- use FitAgain in a way that breaks the law or other people's rights.
7. Your content
Your content is what you put into FitAgain: your messages to the coach, notes, habits, logged workouts and profile photo. It stays yours.
You give us a worldwide, non-exclusive, royalty-free licence to store, copy, process and show your content only to run FitAgain for you, including sending it to the providers named in the Privacy Policy, and, as totals that don't identify you, to improve FitAgain's plans. The licence ends when you delete the content or your account, except for copies in backups until they rotate out.
You're responsible for your content and for having the right to share it. If you send us feedback or ideas, we may use them without owing you anything.
8. Our content
FitAgain, its design, texts, plans, images and software belong to us or to our licensors and are protected by law. "FitAgain" and its logo are our trademarks. These terms don't give you any right to them beyond the licence in section 6.
9. Content and services from others
- Exercise images and videos are licensed to us. You may only view them in the app, and they may change or be removed.
- Mobility routines follow public NHS physiotherapy guidance, and the app links to the source. FitAgain isn't affiliated with or endorsed by the NHS.
- Research. We describe published studies in our own words. Citing a study doesn't mean its authors or publishers endorse FitAgain.
- Apple Health, Sign in with Apple and Sign in with Google are provided by Apple and Google under their own terms.
- Links to other websites are for your convenience. We're not responsible for their content.
10. Plans, forecasts and estimates
Your plan is worked out by our software from your answers and your workouts, and it adjusts itself automatically. Forecasts such as "Weight in 1 year" or "Strength in 1 year" are estimates that assume you follow the plan closely. They are not promises. Real results depend on many things, including your health, sleep, food, effort and consistency, and they vary from person to person. The software can make mistakes, for example by suggesting a weight that's too heavy for you on a given day. Always use your own judgment.
11. Changes, availability and updates
- We may add, change or remove features to improve FitAgain or to comply with the law.
- FitAgain may sometimes be unavailable, for example during maintenance, outages or without an internet connection.
- We may require you to update the app to keep using it.
- If we decide to stop offering FitAgain, we'll tell you in advance, stop subscriptions from renewing, and give you time to download your data.
12. Ending
You can stop using FitAgain and delete your account at any time.
We may suspend or close your account if you seriously or repeatedly break these terms, misuse FitAgain or put others at risk, or if the law requires it. Unless the law or safety prevents it, we'll tell you why and, where it makes sense, give you a chance to fix the problem first. Sections 7 to 9 and 13 to 16 continue to apply after your account ends.
13. Disclaimer
To the extent the law allows, FitAgain is provided "as is" and "as available". We don't promise that it will be uninterrupted, error-free or suitable for your purposes, or that you'll reach any particular result. This doesn't affect rights you have as a consumer that can't be limited by contract.
14. Limitation of liability
To the extent the law allows:
- we aren't liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, data or goodwill;
- our total liability to you for all claims about FitAgain is limited to the greater of the amount you paid for FitAgain in the 12 months before the claim and USD 50.
If you live in the EU or the UK: we're responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill, but not for loss or damage that wasn't foreseeable. The limits above apply only as far as your local law allows.
Nothing in these terms limits or excludes liability for death or personal injury caused by our negligence, for fraud, or for anything else that can't be limited or excluded by law.
15. Disputes
If you have a problem with FitAgain, please email us first at support@fitagain.app. Most problems can be solved that way. If you're a consumer, nothing in these terms takes away the protection of the mandatory laws of the place where you live, or your right to bring a claim in its courts.
16. Apple App Store terms
These terms apply to the FitAgain app you get from Apple's App Store:
- Parties. These terms are between you and us, not Apple. We, not Apple, are solely responsible for the FitAgain app and its content.
- Scope of licence. Your licence is limited to a non-transferable licence to use the app on Apple-branded products you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions. The app may also be used by other accounts linked to you through Family Sharing or volume purchasing, where the App Store allows it.
- Maintenance and support. We, not Apple, are responsible for maintenance and support of the app, as described in these terms and as the law requires. Apple has no obligation to provide any maintenance or support.
- Warranty. We are responsible for any product warranty, whether express or implied by law, to the extent it isn't effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app, if any. To the extent the law allows, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses from a failure to conform to a warranty are our responsibility, to the extent not disclaimed by these terms.
- Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy or similar laws, including in connection with the app's use of HealthKit.
- Intellectual property. If a third party claims that the app or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
- Legal compliance. You confirm that you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Developer contact. Questions, complaints or claims about the app go to support@fitagain.app.
- Third-party terms. You must comply with any third-party terms that apply when you use the app, such as your mobile data agreement.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right, and is deemed to have accepted the right, to enforce these terms against you as a third-party beneficiary.
17. Changes to these terms
We may update these terms. If a change matters, we'll tell you in the app at least 30 days before it applies, unless it's needed sooner for legal or safety reasons. If you keep using FitAgain after the change applies, the new terms apply to you. If you don't agree, you can cancel your subscription and delete your account.
18. General
- These terms and the Privacy Policy are the whole agreement between you and us about FitAgain.
- If a part of these terms can't be enforced, the rest still applies.
- If we don't enforce a right straight away, we don't give it up.
- We may transfer these terms to a company that takes over FitAgain, if your rights aren't reduced. You may not transfer them.
- Apart from Apple (section 16), nobody else has rights under these terms.