Terms of Service

Fit Oracle ("Fit Oracle", the "Service") is owned and operated by Fit Oracle LLC, a New Jersey limited liability company ("Fit Oracle LLC", "we", "us", or "our"), located at Branchburg, NJ 08876, United States.

These Terms of Service (the "Terms") are a legal agreement between you and Fit Oracle LLC, the provider of the Service. By checking the box to accept these Terms, signing in, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy and Subscriptions & Refunds Policy, each of which is incorporated here by reference. If you do not agree, do not use the Service.

If you are using the Service on behalf of a minor (see Section 2), you accept these Terms on their behalf, and "you" includes both you and that minor.

Minimum age. You must be at least 13 years old to use the Service.

Users under 18. If you are between 13 and 17 years old, you may use the Service only with the involvement and supervision of a parent or legal guardian who has read and agreed to these Terms on your behalf and who agrees to supervise your use. A parent or guardian who allows a minor to use the Service is responsible for the minor's activity and is bound by these Terms. Because the Service involves physical exercise and the logging of health information, we strongly recommend that minors consult a physician before starting and that a parent or guardian review their plan and progress.

Accounts. You sign in with a Google account through Google Sign-In. You are responsible for maintaining the security of your account and for all activity that occurs under it. Provide accurate information, and keep your profile and health details up to date so the Service can function safely. Notify us at contact@fitoracle.ai if you believe your account has been compromised.

One person per account. Accounts are for an individual. Do not share your account or let anyone else use it.

Fit Oracle is an AI-assisted personal-training application. Depending on the features you use, it may:

• Conduct a conversational intake and build a personalized training plan based on the goals, schedule, equipment, injury history, and other information you provide;
• Adapt your workouts over time in response to what you log (sleep, soreness, pain or symptoms, completed sessions, performance, and more);
• Guide you through workouts, including audio cues generated with text-to-speech;
• Optionally let you track nutrition, including AI-assisted analysis of meal photos you choose to upload;
• Optionally let you upload activity files from watches or other apps (such as .fit, .gpx, or .tcx files);
• Let you connect with friends for limited coordination (for example, equipment and availability) without sharing your health data.

The coaching, plans, analyses, and other outputs are generated by artificial intelligence. They may be inaccurate, incomplete, or not appropriate for your situation. You are responsible for deciding whether and how to follow them. See Section 4.

Please read this section carefully.

Fit Oracle is a training and fitness tool. It is not a medical device, and it does not provide medical advice, diagnosis, or treatment. Its guidance is generated by AI and is informational only. No physician, physical therapist, registered dietitian, or other licensed professional reviews your individual plan, your logs, or any output before you receive it.

The Service is not a substitute for professional medical advice. Always seek the advice of a qualified health provider with any questions about a medical condition, an injury, your diet, or before beginning, changing, or stopping any exercise or nutrition program. Never disregard or delay seeking professional advice because of something the Service told you.

Consult a physician before you begin, especially if you are pregnant, have or may have a medical condition, are recovering from injury or surgery, take medication, or are a minor.

Assumption of risk. Physical exercise carries inherent risks, including serious injury, illness, or, in rare cases, death. By using the Service you acknowledge these risks and voluntarily assume them. Use common sense: warm up, use proper form and appropriate equipment, stay within your limits, and stop immediately and seek help if you feel pain, dizziness, shortness of breath, chest discomfort, or any other warning sign.

Emergencies. The Service cannot respond to emergencies. If you think you may be experiencing a medical emergency, call 911 or your local emergency number immediately.

Fit Oracle does not guarantee any particular result, level of fitness, or the prevention of injury or illness.

Subscription plans. Fit Oracle is offered through paid subscription plans. The available plans, their prices, and their billing periods (currently 1-month, 3-month, and 12-month options) are shown on our Pricing page and on the checkout screen before you pay — those screens are the source of truth for the price you will be charged.

Free trial. A plan may start with a free trial. Unless you cancel before the trial ends, your trial automatically converts into a paid subscription, and the payment method you provided is charged for the plan you selected. We disclose the trial length, the date it converts, the price, and the renewal cadence on the checkout screen before you enter your payment details, and we remind you before the trial converts.

Automatic renewal and authorization to charge. Paid subscriptions renew automatically at the end of each billing period at the then-current price for your plan, until you cancel. You authorize us and our payment provider to charge your payment method for the subscription you select and for each automatic renewal, until you cancel. Prices are in U.S. dollars unless stated otherwise at checkout, and any applicable taxes are shown before you confirm. You are responsible for keeping a valid payment method on file; if a charge fails, we may retry it and may suspend or cancel paid access until payment is made.

Cancellation, reminders, and refunds. You can cancel at any time. What happens when you cancel — along with renewal reminders, free-trial terms, price-change notices, and our 14-day refund window — is governed by our Subscriptions & Refunds Policy, which is part of these Terms.

Existing beta users. Accounts created during our free beta remain free; we will give those users advance notice and a choice before any charge applies, and continued use after a paid plan is chosen and takes effect constitutes acceptance of the charge.

Changes to the Service and prices. The Service may change over time, and we may add, change, suspend, or remove features. We may also change subscription prices; if a change affects your subscription, we will give you advance notice as described in the Subscriptions & Refunds Policy before it takes effect, and you may cancel if you do not agree.

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms;
• Upload or share content you do not have the right to share, including another person's photos, health information, or activity data without their permission;
• Misrepresent your identity, age, or eligibility;
• Attempt to access accounts, data, or systems that are not yours, or probe, scan, or breach security or authentication measures;
• Reverse engineer, decompile, scrape, or attempt to extract the Service's source code, models, prompts, or the proprietary knowledge base, except where this restriction is prohibited by law;
• Interfere with or disrupt the Service, or impose an unreasonable load on our infrastructure (including by automating requests);
• Use the Service to harass, harm, or violate the rights of others, or to build a competing product.

We may investigate and take appropriate action, including suspending or terminating accounts, for any violation.

You own your content. As between you and us, you retain ownership of the information and materials you provide to the Service — your profile, logs, messages, photos, uploaded activity files, and other content ("Your Content").

License to operate and improve the Service. To run the Service and to develop and improve it, you grant Fit Oracle LLC a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, adapt, process, analyze, and create derivative works from Your Content, and to generate de-identified and aggregated data from it. We use this license to provide, personalize, maintain, secure, improve, and develop the Service and our artificial-intelligence models and features. This license ends when you delete the relevant content or your account, except for (a) de-identified or aggregated data and (b) residual copies that remain in routine backups until they are rotated out — as described in our Privacy Policy.

Our promises about Your Content. We will not sell your personal information, and we will not share your identifiable personal information with third parties to train their own models. Our use of Your Content is further described in, and governed by, our Privacy Policy.

Your responsibilities. You represent that you have the rights necessary to provide Your Content and to grant this license, and that Your Content does not violate the law or the rights of others. Do not upload content depicting or describing other people (for example, photos that include others) without their permission.

Feedback. If you send us ideas or suggestions, you grant us an unrestricted, royalty-free right to use them without obligation to you.

The Service — including its software, design, content, text-to-speech voices and audio, the AI coaching system and prompts, and the proprietary training-science knowledge base it draws on — together with all related intellectual-property rights, is owned by Fit Oracle LLC or its licensors. "Fit Oracle" and our logos are our trademarks.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial fitness use. No other rights are granted. The proprietary knowledge base and the materials underlying the Coach are not made available to you, and nothing in these Terms transfers ownership of the Service to you.

The Service relies on third-party providers — including Google (for sign-in, cloud hosting, AI processing, and text-to-speech) and Paddle (for payment processing) — and others described in our Privacy Policy.

Payments — merchant of record. For paid subscriptions, Paddle acts as the merchant of record. Paddle processes your payment, issues your receipts, and handles the mechanics of refunds and chargebacks, and your purchase is also subject to Paddle's own terms and privacy policy. How billing, cancellation, and refunds work is described in our Subscriptions & Refunds Policy.

Your use of third-party services through Fit Oracle may also be subject to the third parties' own terms and policies. We are not responsible for third-party services, and their availability or behavior is outside our control. Links or embedded content from third parties (such as videos) are provided for convenience and are not endorsements.

Your privacy matters. Our Privacy Policy explains what information we collect, how we use and share it, how long we keep it, and the choices and rights you have, including how to export or delete your data. By using the Service, you acknowledge the Privacy Policy.

You may stop at any time. You can cancel a paid subscription at any time — see Settings → Subscription and our Subscriptions & Refunds Policy. Cancelling a subscription is separate from deleting your account. You can delete your account from Settings → Account & data; account deletion starts a short grace period and then permanently removes your data as described in the Privacy Policy (limited billing and transaction records are retained as that Policy explains).

We may suspend or terminate. We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms, if we reasonably believe your use creates risk or legal exposure for you, others, or us, or if we discontinue the Service.

Effect. On termination, your right to use the Service ends. Sections that by their nature should survive — including Sections 4, 5 (as to amounts owed and refunds), 7 (as limited by its terms on deletion), 8, and 12 through 18 — survive termination.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE COACHING, PLANS, ANALYSES, OR OTHER AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOU. YOU USE THE SERVICE AT YOUR OWN RISK. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, FIT ORACLE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR FOR PERSONAL INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US (OR OUR PAYMENT PROVIDER) FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply regardless of the legal theory and are a fundamental basis of the agreement between us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

You agree to indemnify, defend, and hold harmless Fit Oracle LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, Your Content, your violation of these Terms, or your violation of any law or the rights of a third party.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT.

Informal resolution first. If you have a dispute with us, contact us at contact@fitoracle.ai and give us 30 days to resolve it informally before starting an arbitration or claim. Most concerns can be resolved this way.

Binding arbitration. Except as set out below, you and Fit Oracle LLC agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding arbitration administered by a recognized arbitration provider under its consumer arbitration rules, rather than in court. The arbitration will be conducted in the English language, and judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Class-action waiver. You and Fit Oracle LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.

Exceptions. This Section does not require arbitration of: (a) individual claims that qualify for small-claims court; or (b) requests for injunctive or other equitable relief to stop unauthorized use or abuse of the Service or infringement of intellectual-property rights.

Local law. These arbitration and class-action-waiver provisions apply only to the extent permitted by the law that governs your relationship with us. Where the mandatory consumer-protection law of the state, province, or country in which you reside makes them unenforceable against you, they do not apply to that extent, and disputes will instead be resolved as that law and Section 16 require.

Your right to opt out. You may opt out of this arbitration and class-action-waiver Section by emailing contact@fitoracle.ai within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. If you opt out, disputes will be resolved in the courts identified in Section 16. Opting out does not affect any other part of these Terms.

Note on minors. Where a parent or guardian accepts these Terms on behalf of a minor, that parent or guardian agrees to this Section on the minor's behalf to the extent permitted by law.

These Terms and any dispute relating to them or to the Service are governed by the laws of the State of New Jersey and applicable U.S. federal law, without regard to conflict-of-laws rules. This choice of law does not deprive you of the protection of mandatory consumer-protection rules of the state, province, or country in which you reside that cannot be derogated from by agreement; those rules continue to apply to the extent the law requires. For any matter not subject to arbitration under Section 15, you and Fit Oracle LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey.

The Service is operated from the United States and is intended for users in the United States. We make no representation that the Service is appropriate or available for use elsewhere.

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, for material changes, provide a more prominent notice (such as in the app). Changes are effective when posted unless we say otherwise. By continuing to use the Service after changes take effect, you agree to the updated Terms. If you do not agree, stop using the Service and delete your account.

Entire agreement. These Terms, the Privacy Policy, and the Subscriptions & Refunds Policy are the entire agreement between you and Fit Oracle LLC regarding the Service and supersede any prior agreements.

Severability. If any provision is found unenforceable, the rest remains in effect, and the unenforceable provision will be modified to the minimum extent necessary.

No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Notices. We may provide notices through the Service or by email. You may contact us at contact@fitoracle.ai.

Questions about these Terms? Contact us at:

Fit Oracle LLC

Branchburg, NJ 08876, United States

Email: contact@fitoracle.ai