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Terms of Service

Last Updated: November 17, 2025

1. Acceptance of Terms

By downloading, installing, or using CustomWorkouts.ai (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

CustomWorkouts.ai is a mobile application that provides:

• AI-powered custom workout generation
• Personalized fitness training programs
• Exercise library with video demonstrations
• Progress tracking and analytics
• Workout history and performance metrics

3. User Accounts

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account
• Be at least 13 years of age

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Subscription and Payment

4.1 Subscription Plans

CustomWorkouts.ai offers an annual subscription for $30/year, which includes:

• Unlimited custom workout generation
• Full access to exercise library (500+ exercises)
• Advanced analytics and insights
• Video demonstrations
• Custom training programs
• Progress tracking and history
• Offline mode
• Priority customer support

4.2 Free Trial

New users may be eligible for a free trial period. If you do not cancel before the trial ends, you will be automatically charged for the subscription.

4.3 Payment Processing

• All payments are processed through Apple's In-App Purchase system
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your Apple account will be charged upon confirmation of purchase
• Manage or cancel your subscription in your Apple account settings

4.4 Refund Policy

Refunds are handled according to Apple's refund policy. Generally, all sales are final. Contact Apple Support for refund requests.

4.5 Price Changes

We reserve the right to change subscription prices with 30 days' notice. Price changes will not affect existing subscriptions until renewal.

5. User Conduct

You agree not to:

• Use the App for any illegal purpose
• Violate any local, state, national, or international law
• Infringe on intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble the App
• Share your account credentials with others
• Use the App to harass, abuse, or harm others
• Scrape or extract data from the App

6. Medical Disclaimer

• Consult Your Doctor: Always consult with a qualified healthcare professional before starting any new exercise program
• Not Medical Advice: The App provides fitness information and workout suggestions, not medical advice
• Use at Your Own Risk: You assume all risks associated with using the workouts provided
• Stop if Injured: Discontinue exercise immediately if you experience pain, dizziness, or discomfort
• Pre-existing Conditions: If you have any health conditions, injuries, or concerns, seek medical clearance before using the App

7. Intellectual Property Rights

7.1 Our Content

All content in the App, including text, graphics, logos, videos, software, and workout programs, is owned by CustomWorkouts.ai and protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the App for personal, non-commercial purposes.

7.3 User Content

You retain ownership of any content you create or upload. By using the App, you grant us a worldwide, royalty-free license to use your workout data to improve our AI algorithms (in anonymized form).

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability, or completeness
• Warranties that the App will be uninterrupted or error-free
• Warranties that defects will be corrected

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMWORKOUTS.AI SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Personal injury or property damage related to your use of the App
• Any damages exceeding the amount you paid for the subscription in the past 12 months

10. Indemnification

You agree to indemnify and hold harmless CustomWorkouts.ai, its affiliates, officers, agents, and employees from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Any injury or health issues resulting from your workouts

11. Data and Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

12. Third-Party Services

The App may integrate with third-party services (e.g., Apple HealthKit, payment processors). We are not responsible for the availability, accuracy, or content of these third-party services.

13. Updates and Modifications

13.1 App Updates

We may release updates, patches, or new versions of the App. You may be required to update the App to continue using it.

13.2 Terms Updates

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 an email notification (for significant changes)

Continued use of the App after changes constitutes acceptance of the new Terms.

14. Termination

14.1 By You

You may stop using the App and cancel your subscription at any time through your Apple account settings.

14.2 By Us

We reserve the right to suspend or terminate your access to the App immediately, without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the service
• Non-payment of subscription fees

14.3 Effect of Termination

Upon termination, your right to use the App will cease immediately. We may delete your account and data in accordance with our data retention policies.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt to resolve the dispute informally.

15.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except you may assert claims in small claims court.

15.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class-wide arbitration.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law provisions.

17. Severability

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

18. Entire Agreement

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

19. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20. Export Compliance

You agree to comply with all applicable export and import laws and regulations. You may not use the App if you are located in a country embargoed by the United States.

21. Accessibility

We strive to make our App accessible to all users. If you encounter accessibility issues, please contact us.

22. Contact Information

For questions about these Terms, please contact us:

• Email: support@customworkouts.ai
• Legal Team: legal@customworkouts.ai
• Address: CustomWorkouts.ai Legal Department

23. Apple App Store Terms

If you download the App from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and CustomWorkouts.ai, not Apple
• Apple has no obligation to provide maintenance or support
• Apple is not responsible for the App or its content
• Apple is not liable for any claims related to the App
• Apple is a third-party beneficiary of these Terms

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