Terms of Service

1. Acceptance of Terms

Welcome to FitSay ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the FitSay mobile application ("App") and related services. By downloading, installing, accessing, or using FitSay, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use FitSay. We reserve the right to modify these Terms at any time, and your continued use of the App after changes become effective constitutes acceptance of the updated Terms.

2. Description of Service

FitSay is a social fitness tracking mobile application that:

• Allows users to log workouts and activities through voice recordings or text input
• Uses AI-powered analysis (OpenAI GPT-4o and Whisper) to identify activities and calculate calories burned
• Provides personalized workout plans based on user goals
• Enables social features including friends, leaderboards, and profile sharing
• Integrates with Apple Health/HealthKit to import workout data
• Offers subscription tiers (Free and Pro) with different feature access

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 13 years old to use FitSay. If you are under 18, you represent that you have your parent's or guardian's permission to use the App.

3.2 Account Creation

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account

3.3 Account Security

• You must use a strong, unique password
• You must not share your account credentials with others
• You are responsible for maintaining the security of your device

4. User Conduct and Responsibilities

4.1 Acceptable Use

You agree to use FitSay only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App for any illegal or unauthorized purpose
• Violate any laws or regulations in your jurisdiction
• Infringe upon the rights of others
• Transmit any harmful, offensive, or inappropriate content
• Impersonate any person or entity
• Interfere with or disrupt the App or servers
• Attempt to gain unauthorized access to any part of the App
• Use automated systems (bots, scrapers) to access the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices

4.2 Content You Provide

• You are solely responsible for all content you submit, including voice recordings, text inputs, profile information, and photos
• You represent that you have the right to submit all content you provide
• You grant us a license to use, store, and process your content to provide the App's services
• You understand that your content may be processed by third-party AI services (OpenAI) for analysis

4.3 Accuracy of Information

• You are responsible for providing accurate information about your activities, measurements, and fitness goals
• Inaccurate information may result in incorrect calorie calculations and recommendations
• We are not responsible for any consequences resulting from inaccurate information you provide

5. Subscription Plans and Payments

5.1 Free Plan

The Free plan includes:

• 3 activity requests per week
• Basic calorie tracking
• Social features (friends, leaderboard)
• Activity history
• Weekly stories
• Limited workout plan generation

5.2 Pro Plan

The Pro plan includes:

• Unlimited activity requests
• Advanced workout analysis
• AI-powered workout plan generation (2 per month)
• Goal alignment analysis
• Personalized workout recommendations
• All Free plan features

5.3 Subscription Terms

• Subscriptions are billed on a recurring basis (monthly or annually, as selected)
• Subscription fees are charged to your payment method on file
• Subscriptions automatically renew unless cancelled
• You can cancel your subscription at any time through your device's app store settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial subscription periods

5.4 Price Changes

We reserve the right to change subscription prices at any time. Price changes will be communicated to you in advance and will apply to subsequent billing periods.

6. Intellectual Property

6.1 Our Rights

• FitSay and all content, features, and functionality are owned by us or our licensors
• The App is protected by copyright, trademark, and other intellectual property laws
• You may not copy, modify, distribute, or create derivative works based on the App

6.2 Your Rights

• You retain ownership of content you submit
• You grant us a worldwide, non-exclusive, royalty-free license to use your content to provide the App's services

6.3 Third-Party Content

• The App may include content from third parties (e.g., OpenAI-generated content)
• Such content is subject to the third party's terms and conditions

7. Privacy

Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using FitSay, you consent to the collection and use of your information as described in the Privacy Policy.

8. AI Services and Limitations

8.1 AI Processing

• FitSay uses OpenAI's GPT-4o and Whisper models to analyze your activities
• Your voice recordings and text inputs are sent to OpenAI for processing
• AI-generated content (activity analysis, workout plans) is provided "as is" without warranty

8.2 Accuracy Disclaimer

• AI-generated content may contain errors or inaccuracies
• Calorie calculations are estimates based on standard formulas and may not be exact
• Workout plans are suggestions and should not replace professional medical advice
• We are not responsible for any consequences resulting from reliance on AI-generated content

8.3 No Medical Advice

• FitSay does not provide medical, health, or fitness advice
• The App is for informational and tracking purposes only
• Consult with healthcare professionals before starting any fitness program
• Do not use FitSay as a substitute for professional medical advice

9. Health Data and Apple Health Integration

9.1 Apple Health Integration

• FitSay may request access to your Apple Health/HealthKit data
• You can grant or revoke access at any time through your device settings
• We only access data necessary for importing workouts and activities
• Your health data is subject to Apple's privacy policies

9.2 Health Data Disclaimer

• We are not responsible for the accuracy of health data imported from Apple Health
• You are responsible for ensuring the accuracy of your health data
• We do not provide medical interpretation of health data

10. Social Features and User Interactions

10.1 Friends and Leaderboards

• You can add friends and compete on leaderboards
• Friend requests must be accepted by both parties
• Leaderboard rankings are based on weekly calorie totals
• You can control your privacy settings to limit who can see your profile and activities

10.2 User-Generated Content

• You are responsible for all content you post or share
• We reserve the right to remove content that violates these Terms
• We are not responsible for content posted by other users

10.3 Reporting Abuse

• You can report abusive or inappropriate behavior through the App
• We will investigate reports and take appropriate action
• We reserve the right to suspend or terminate accounts that violate these Terms

11. Service Availability and Modifications

11.1 Service Availability

• We strive to provide reliable service but do not guarantee uninterrupted access
• The App may be unavailable due to maintenance, updates, or technical issues
• We are not liable for any losses resulting from service unavailability

11.2 Modifications to Service

• We reserve the right to modify, suspend, or discontinue any part of the App at any time
• We may add, remove, or modify features without notice
• We are not obligated to provide updates or new features

12. Termination

12.1 Termination by You

• You may stop using FitSay at any time
• You can delete your account through the App settings
• Upon account deletion, your data will be deleted in accordance with our Privacy Policy

12.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• You abuse the App or other users
• Required by law or court order

12.3 Effect of Termination

• Upon termination, your right to use the App ceases immediately
• We may delete your account and data (subject to legal retention requirements)
• Provisions that by their nature should survive termination will survive

13. Disclaimers and Limitations of Liability

13.1 No Warranties

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

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.

13.3 Maximum Liability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless FitSay, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another
• Your content or conduct

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

15.2 Dispute Resolution Process

• First, contact us to attempt to resolve the dispute informally
• If informal resolution fails, disputes shall be resolved through binding arbitration
• Arbitration shall be conducted in accordance with [Arbitration Rules]
• You waive your right to a jury trial and to participate in class actions

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and FitSay regarding the App.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.5 Notices

We may provide notices to you through the App, email, or other means. Notices are effective when sent.

17. Contact Information

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

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Updating the "Last Updated" date
• Sending you an email notification (for significant changes)

Your continued use of FitSay after changes become effective constitutes acceptance of the updated Terms.