Terms of Service

I THE APPLICATION

FlexHero ("Application", "App", "Service" or "Services") is licensed to You ("You", "User", "Users") by FitHero, LLC ("Licensor", "Company", "We", "Us", "Our") registered in the USA. By downloading the Application from the Apple App Store or Google Play Store, and any update thereto (as permitted by this agreement), You indicate that You agree to be bound by all of the terms and conditions of these Terms of Service, and that You accept these Terms of Service.

FlexHero is a mobile application designed to help you improve your flexibility and mobility through stretching routines and guided sessions. The Application provides tools for tracking your sessions, as well as instructions, videos, and images on how to perform stretches and mobility exercises.

II ELIGIBILITY AND AGE REQUIREMENTS

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

2.2 If You are between 13 and 17 years old (or under the age of majority in Your jurisdiction), You may only use the Service with the consent and supervision of a parent or legal guardian. Your parent or guardian must review and accept these Terms on Your behalf and is responsible for all activity under Your account. Parents and guardians should be aware that this App involves physical activity, which may not be appropriate for all minors.

2.3 If we become aware that a child under 13 has provided us with personal information without verifiable parental consent, we will take steps to remove that information and delete the account.

III ACCOUNT RESPONSIBILITIES

3.1 Certain features of the Application may require You to sign in with Your Apple or Google account. You are responsible for maintaining the confidentiality and security of Your account credentials and for all activity that occurs under Your account.

3.2 You agree to notify Us immediately of any unauthorized use, or suspected unauthorized use, of Your account. The Company will not be liable for any loss or damage arising from Your failure to protect Your account credentials.

IV HEALTH, PHYSICAL ACTIVITY, AND MEDICAL DISCLAIMER

4.1 FlexHero is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease, injury, or medical condition. The routines, instructions, videos, and any recommendations provided through FlexHero are for general informational and educational purposes only.

4.2 FlexHero does not provide medical advice, physical therapy, rehabilitation services, or personalized training or coaching. All routines and guidance are general in nature and may be incomplete, inaccurate, or unsuitable for Your individual needs, physical condition, or health status.

4.3 You should always consult a qualified healthcare provider, physical therapist, or other licensed professional before starting any stretching, flexibility, or mobility program, particularly if You have a history of injury, chronic pain, joint or connective tissue conditions, are pregnant, or have any other medical condition. Individual physical capabilities vary based on many factors including age, health, injuries, and activity level.

4.4 You expressly agree that any physical activity performed or tracked using FlexHero carries inherent risks of injury, and You voluntarily assume all known and unknown risks associated with any such activity, even if caused in whole or in part by the action, inaction, or negligence of the Company. If You experience pain, dizziness, or discomfort while performing any exercise, stop immediately and seek medical attention if needed.

4.5 FlexHero does not guarantee any specific health outcomes, flexibility or mobility improvements, or fitness results. Any progress or results achieved while using the Application are individual and not guaranteed.

4.6 The Company shall not be held liable for any damages, injury, or adverse health effects, whether direct or indirect, resulting from or related to the use of the Service, reliance on information provided by the Application, or any physical activity performed based on content from the Application. This disclaimer applies even after Your use of FlexHero ends.

V EXERCISE CONTENT

5.1 The instructions, videos, and images in FlexHero are general demonstrations designed for a broad audience. They are not tailored to Your body, physical condition, or limitations, and proper form for You may differ from what is demonstrated.

5.2 You are responsible for performing all exercises within Your own limits and at Your own pace. FlexHero is not a substitute for in-person instruction from a qualified professional, and You should seek professional guidance if You are unsure how to perform any exercise safely.

VI SCOPE OF LICENSE

6.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any devices that You own or control, as permitted by the Usage Rules set forth in the Apple App Store or Google Play Store Terms of Service.

6.2 You may not share or make the Application available to third parties, sell, rent, lend, lease, or otherwise redistribute the Application (except with prior written consent from the Company).

6.3 You may not reverse engineer, translate, disassemble, decompile, modify, create derivative works of, or attempt to derive the source code of the Application, or any part thereof.

6.4 You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to copies of the Application at any time.

6.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages and Your license shall be terminated as stated in Section X of this agreement.

6.6 The Licensor reserves the right to modify the terms and conditions of licensing at any time without prior notice.

VII USE OF DATA

7.1 You acknowledge that the Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information. Use of such material and information is subject to Our privacy policy: https://flexhero.app/privacy-policy.

VIII SUBSCRIPTIONS AND IN-APP PURCHASES

8.1 The Premium version of the App is a service that unlocks various features of the Application. You can choose between yearly or monthly subscription plans.

8.2 Monthly and yearly subscriptions will automatically renew unless auto-renewal is turned off at least 24 hours before the end of Your current billing period. Subscriptions renew at the original price unless otherwise notified. We will provide at least 30 days notice before any price changes take effect.

8.3 You can manage and cancel Your subscription at any time through Your Apple ID or Google Play account settings. Cancellation takes effect at the end of the current billing period and You will retain access to Premium features until that period ends.

8.4 All purchases are processed through the Apple App Store or Google Play Store and are subject to their respective terms and conditions. Refund requests must be directed to Apple or Google accordingly.

8.5 Premium subscriptions are bound to one Apple or Google account and are not transferable.

IX APP STORE TERMS

9.1 These Terms are concluded between You and FitHero, LLC only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Apple and Google are not responsible for the Application or its content and have no obligation to provide any maintenance, support, or warranty services for the Application.

9.2 In the event of any failure of the Application to conform to an applicable warranty, You may notify Apple or Google, and they may refund the purchase price of the Application in accordance with their respective terms. To the maximum extent permitted by applicable law, Apple and Google have no other warranty obligation with respect to the Application.

9.3 You acknowledge that Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms and, upon Your acceptance of these Terms, have the right to enforce these Terms against You.

9.4 When using the Application, You must also comply with the applicable terms of the Apple App Store or Google Play Store.

X TERMINATION

10.1 The license is valid until terminated by the Company or by You. Your rights under this license will terminate immediately and without notice if You fail to adhere to any term(s) of this license.

10.2 Upon termination, You shall cease all use of the Service. You may export Your data before termination using the backup functionality provided in the Application.

XI INTELLECTUAL PROPERTY

11.1 The Service and its original content, features, and functionality are and will remain the exclusive property of FitHero, LLC.

11.2 Any data, graphics, logos, videos, or other materials included in the Service are the exclusive property of FitHero, LLC, with the exception of third-party content and User-generated content.

XII LIABILITY

12.1 The Service 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.

12.2 The Licensor accepts no liability for any loss, direct or indirect, including without limitation, loss of profits, data, use, or other intangible losses as a result of relying on the functionality of the Application, the content provided, or any physical activity performed based on content from the Application.

12.3 To the maximum extent permitted by applicable law, the Company's total liability shall not exceed the greater of: the amount You paid for the Service in the preceding 12 months, or one hundred US dollars (USD $100).

12.4 You agree to indemnify and hold the Company harmless from and against any claims, damages, liabilities, and expenses (including reasonable attorney's fees) arising from Your misuse of the Service or Your violation of these Terms.

12.5 To avoid data loss, You are encouraged to make use of the backup functionality provided by the Application.

XIII DISCLAIMER AND CHANGES

13.1 The Licensor reserves the right to modify or change any part of this agreement without prior notice. The Licensor shall update the effective date of this agreement each time a change or modification is introduced. We will notify You of material changes through reasonable notice (such as in-app notification or email).

13.2 Your continued use of the Service after any modifications to these Terms constitutes Your acceptance of the modified Terms. If the modified Terms are not acceptable to You, please stop using the Service.

13.3 The Application availability is subject to the Apple App Store and Google Play Store availability.

13.4 The Licensor may wish to stop providing the Service, and may terminate the use of it at any time without giving notice of termination to You. Unless we tell You otherwise, upon any termination, Your right to use the Service will immediately cease.

XIV GOVERNING LAW

14.1 This license agreement is governed by the laws of the State of Delaware, United States, excluding its conflicts of law rules.

XV CONTACT INFORMATION

15.1 If You have any questions regarding our Terms of Service, feel free to contact us at hello@fithero.io.