Terms of Service

Please read these Terms of Service ("Terms") carefully before using the FitGently mobile application ("App") operated by FitGently ("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. The Service

FitGently provides guided exercise routines designed for older adults. The App is for general wellness and informational purposes only.

2. Eligibility

You must be at least 17 years of age to use the App. By using the App, you represent that you meet this age requirement.

3. Account and Security

If you create an account using Sign in with Apple or email, you are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your account.

4. Subscriptions and Billing

a) Subscription Plans

FitGently offers auto-renewable subscriptions through the Apple App Store:

• Monthly plan: billed monthly, no free trial.
• Yearly plan: billed annually, with a 3-day free trial for eligible users.

b) Free Trial

If a free trial is offered, you will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically begin and you will be charged the applicable subscription fee.

c) Billing

Payment is charged to your Apple ID account at confirmation of purchase (or at the end of a free trial, if applicable). Your subscription automatically renews unless you turn off auto-renewal at least 24 hours before the end of the current billing period.

d) Cancellation

You can manage or cancel your subscription at any time through your iPhone Settings > Apple ID > Subscriptions. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a billing period.

e) Price Changes

We may change subscription pricing at any time. Apple will notify you of any price increase before your next renewal. If you do not agree to the new price, you may cancel before it takes effect.

f) Refunds

All purchases are processed by Apple. For refund requests, please contact Apple Support directly at support.apple.com.

5. Apple's Terms

Your use of the App is also subject to Apple's standard Licensed Application End User License Agreement (EULA), available at apple.com/legal/…/stdeula. In the event of a conflict between these Terms and Apple's EULA, Apple's EULA shall govern to the extent of the conflict.

6. Health and Safety Disclaimer; Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT:

• You exercise entirely at your own risk. FitGently is not responsible for any injuries, death, health complications, or adverse effects that may result from following the exercise routines provided in the App.
• Physical exercise carries inherent risks, including but not limited to falls, broken bones, muscle or joint injuries, heart attack, stroke, and death. You voluntarily assume all such risks by using the App.
• You have consulted with your physician or qualified healthcare provider before beginning any exercise program through this App, or you have chosen not to do so at your own risk.
• You should stop any exercise immediately if you experience pain, dizziness, shortness of breath, chest discomfort, or any other concerning symptoms, and seek medical attention.
• You should always have a sturdy chair, wall, or support surface nearby when performing exercises.
• The exercise routines are general in nature and are NOT tailored to your specific medical conditions, medications, or physical limitations. Your doctor's advice always takes priority over any content in the App.
• FitGently does not employ or contract with physicians, physical therapists, or licensed healthcare providers. No content in the App constitutes a professional-client relationship between you and FitGently.

7. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE, RELIABLE, OR COMPLETE. WE DO NOT WARRANT THAT THE EXERCISES ARE SAFE OR APPROPRIATE FOR ANY PARTICULAR INDIVIDUAL.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FITGENTLY, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless FitGently and its owners, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising out of or related to:

• Your use of or inability to use the App;
• Your violation of these Terms;
• Your violation of any rights of another person or entity;
• Any injury, illness, death, or damage of any kind that you or any third party suffers in connection with your use of the App; or
• Any claim by a third party related to your use of the App.

10. Intellectual Property

All content in FitGently — including text, images, videos, graphics, logos, icons, audio, software, and design — is the property of FitGently and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or commercially exploit any content from the App without our prior written consent.

11. User Conduct

You agree not to:

• Use the App for any unlawful purpose;
• Attempt to reverse-engineer, decompile, or disassemble the App;
• Circumvent any access restrictions or security measures;
• Share your account credentials with others; or
• Use the App in a manner that could damage, disable, or impair its functionality.

12. Termination

We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App ceases immediately. Sections 6 through 10 of these Terms survive any termination.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any dispute shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, any dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in the State of California.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against FitGently.

14. Changes to These Terms

We may update these Terms from time to time. Changes will be reflected within the App, and the "Last updated" date at the top will be revised. Your continued use of the App after any changes constitutes acceptance of the updated Terms.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FitGently regarding your use of the App.

16. Contact Us

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

Email: fitgently.app@gmail.com

We will respond to all inquiries within 30 days.