Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and NetFit ("we", "us", "our") governing your access to and use of the NetFit software platform ("Platform"), including our website, APIs, and mobile applications (collectively, the "Service"). By creating an account, downloading the app, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

NetFit provides technology only. We operate a software platform that independent personal trainers, coaches, and studios ("Coaches") use to manage clients. We are not a fitness studio, medical provider, dietitian, physical therapist, insurer, employer, or agent of any Coach or client.

We do not supervise Coaches, verify credentials, endorse programs, or guarantee results. Any workouts, meal plans, messages, forms, AI-generated suggestions, or other content delivered through the Service is created or selected by Coaches (or their clients), not by us.

After you sign in, the Service may display your Coach's custom name, logo, colors, or tagline ("Coach Branding"). Coach Branding is controlled solely by that Coach. It does not change these Terms, does not make us responsible for the Coach's services, and does not imply that we operate under the Coach Branding name. The app may be listed in stores as NetFit while showing Coach Branding inside the product.

You must be at least 16 years old (or the age required in your jurisdiction) and able to form a binding contract. Coaches represent that they hold any licenses, certifications, or permits required in their jurisdiction and that they will obtain all consents required by law before collecting health or fitness data from clients.

• You are responsible for all activity under your account and for safeguarding credentials.
• Notify us promptly of unauthorized access.
• We may suspend or terminate accounts for violations, fraud, risk to users, or legal requirements.
• Account information must be accurate and kept up to date.

Any coaching, training, nutrition, or wellness relationship is solely between the Coach and the client. We are not a party to that relationship. Fees, refunds, cancellations, professional standards, and disputes between Coach and client are between them, except where we explicitly process payments as a technology facilitator.

Coaches are independent contractors, not our employees, partners, or franchisees. Clients hire Coaches at their own discretion and risk.

IMPORTANT — READ CAREFULLY: Physical exercise and nutrition changes carry inherent risks including injury, illness, or death. The Service is not a substitute for professional medical advice, diagnosis, or treatment. Consult a qualified physician before starting or changing any exercise or nutrition program. Stop immediately and seek emergency care if you experience chest pain, faintness, shortness of breath, or other adverse symptoms.

To the fullest extent permitted by law, you voluntarily assume all risks associated with following any program, workout, meal plan, metric target, or recommendation accessed through the Service, whether provided by a Coach, AI feature, or otherwise. You release us from claims arising from those risks except where such release is prohibited by law.

AI-assisted tools may produce inaccurate, incomplete, or inappropriate output. AI output is for informational purposes only, is not medical or professional advice, and must be reviewed by a qualified Coach or professional before reliance. We disclaim all liability for decisions made based on AI-generated content.

Payments may be processed by third parties such as Stripe. We do not store full payment card numbers. Third-party services are subject to their own terms. We are not responsible for third-party outages, errors, or acts. Billing disputes between Coaches and clients are primarily between them unless we state otherwise in writing.

Users retain ownership of content they upload. You grant us a worldwide, non-exclusive license to host, store, reproduce, and transmit content solely to operate the Service.

Coaches are solely responsible for all content they publish, assign, or communicate to clients, including compliance with applicable law, professional standards, and intellectual property rights. Clients are responsible for the accuracy of information they submit.

• No harassment, discrimination, hate speech, or exploitation
• No unauthorized access, scraping, reverse engineering, or security testing without consent
• No malware, spam, or interference with the Service or other users
• No illegal content or use; no impersonation
• No use of the Service to provide medical treatment or emergency services

The Service, NetFit name, software, and our trademarks are owned by us or our licensors. Coach Branding remains the Coach's responsibility. These Terms grant no rights except limited use of the Service as intended.

You may stop using the Service at any time and may delete your account in Settings. We may suspend or terminate access immediately for violations or risk. Sections that by nature should survive (including disclaimers, limitations, indemnity, and dispute terms) survive termination.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT COACHES OR CONTENT WILL MEET YOUR NEEDS OR COMPLY WITH LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless NetFit and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your content or conduct; (c) your coaching or client relationships; (d) your violation of these Terms or applicable law; or (e) your violation of any third-party rights. Coaches additionally indemnify us for claims brought by their clients related to the Coach's programs, advice, or conduct. This indemnity does not apply to the extent a claim results from our gross negligence or willful misconduct where such limitation is prohibited by law.

Our Privacy Policy describes how we process personal data. Coaches may be separate controllers for data they collect in the coaching relationship. We do not sell your personal information.

You may delete your account in Settings (web or mobile). See our Privacy Policy and Do Not Sell or Share page for additional rights.

Informal resolution: Before filing a claim, contact us at support@example.com and allow 30 days to resolve the dispute informally.

Binding arbitration (U.S. users where permitted): Except for qualifying small-claims matters or injunctive relief for intellectual property, disputes arising from these Terms or the Service will be resolved by binding individual arbitration under the rules of a recognized arbitration provider, not in court. Class actions and class arbitrations are waived — disputes must be brought individually.

Consumers in the EEA, UK, Switzerland, and other mandatory-law jurisdictions retain non-waivable rights, including access to courts and consumer protection authorities where required by law. Nothing in this section limits those rights.

These Terms are governed by the laws of the jurisdiction where NetFit is established, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your country of residence require otherwise.

• Entire agreement: These Terms and the Privacy Policy are the entire agreement regarding the Service.
• Severability: If any provision is unenforceable, the remainder stays in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent; we may assign them in connection with a merger or sale.
• Force majeure: We are not liable for delays or failures due to events beyond our reasonable control.
• Not HIPAA / not a medical device: The Service is not designed as a medical device and we are not a HIPAA covered entity. Do not use the Service for emergency medical situations.

We may modify these Terms. Material changes will be reflected by the "Last updated" date and, where required, additional notice. Continued use after changes constitutes acceptance where permitted by law.