Terms and Conditions

Welcome to FitMetrics, a platform owned and operated by FitMetrics AI LLC ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of the FitMetrics platform and services, including any associated applications, websites, APIs, integrations, tools, and features (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

Effective Date: April 14, 2025

Eligibility

2.1 Business Use Only

The FitMetrics platform is intended solely for commercial use by businesses, organizations, and licensed professionals operating in the fitness, health, coaching, or wellness industries. By accessing or using the Service, you represent and warrant that you are doing so in your professional capacity on behalf of a business entity or as a self-employed practitioner providing services to clients.

2.2 Age Requirement

To use the FitMetrics Service, you must be at least 18 years old. The platform is not intended for use by minors or individuals under the age of majority in their jurisdiction, even if acting under the supervision of an adult or organization.

2.3 Authorized Representatives

If you are registering on behalf of a company, organization, or other legal entity, you confirm that you have the full legal authority to bind such entity to these Terms. If you do not have such authority, you may not access or use the Service.

2.4 Geographic Access

FitMetrics is operated from the United States and primarily serves clients located in regions where its services are permitted under applicable laws. You are solely responsible for ensuring that your use of the platform complies with all local, state, and national laws and regulations applicable to your jurisdiction and business model.

2.5 HIPAA Compliance Requirement

By using the platform for health-related data, you agree to comply with all relevant data protection laws applicable in your jurisdiction, including (if located in the United States or dealing with U.S. residents) the Health Insurance Portability and Accountability Act of 1996 (HIPAA). FitMetrics maintains HIPAA compliance, and all businesses handling client data must also adhere to HIPAA standards. You may be required to sign a Business Associate Agreement (BAA) with us if you intend to use any health-related features or collect Protected Health Information (PHI) through the platform.

2.6 Right to Refuse Access

We reserve the right to deny access to the Service to any person, business, or entity that does not meet these eligibility requirements or whose use of the Service presents a risk to the platform, other users, or our compliance obligations. This includes suspected use of the platform for unauthorized, unlawful, or non-professional purposes.

Description of Service

3.1 Overview
FitMetrics is a subscription-based, AI-powered software platform developed and operated by FitMetrics AI LLC. The Service is designed to support fitness professionals, coaches, nutritionists, wellness experts, and laboratories in delivering better client outcomes through automation, data analysis, and scalable operations. The platform enables users to manage their client base, track health data, provide feedback, and personalize coaching — all within one secure, integrated interface.

3.2 Core Features
FitMetrics includes, but is not limited to, the following features:

AI Coaching Tools: Automated AI Check-Ins, macro recommendations, behavioral feedback, and client summaries
Client Management Dashboards: Performance tracking, compliance monitoring, SmartViews, and dynamic visual dashboards
Nutrition & Goal Setting: Custom calorie/macro planning, weekly averages, adherence tracking, and AI-generated targets
Biometric & Integration Tools:
- Trainerize: Syncs client profiles, body metrics, workouts, and habits
- WHOOP: Imports recovery, sleep, and strain data for analysis
- Zoom: Records, transcribes, and organizes coaching calls
Telegram Bot Automation: Fully connected chatbot to manage communication, automate tasks, deliver AI responses, and link to Trainerize accounts
Blood Test Portal (Business Plan Only): A white-labeled solution to upload, analyze, and interpret 100+ biomarkers through AI-driven health reports and insights
AI Assistant (BRAIN): Personalized, context-aware assistant for coaches and clients, capable of answering questions, creating messages, and managing tasks

3.3 Software Access and Delivery
The FitMetrics platform is delivered as a Software-as-a-Service (SaaS) solution via https://app.fitmetrics.ai. All updates, enhancements, and fixes are rolled out to users automatically. Some features may require activation, custom configuration, or eligibility based on your subscription level.

3.4 Subscription Model
FitMetrics operates on a monthly subscription basis. Access to certain features (e.g., the Business Plan, additional team members, or the Blood Test Portal) requires a higher-tier subscription and/or minimum volume commitments. All pricing is disclosed on the Pricing page and subject to change with prior notice.

3.5 Limitations of Use
FitMetrics is a software platform only and is not a medical device or diagnostic tool. The platform does not provide medical, therapeutic, diagnostic, or clinical services. Any information, data, or suggestions generated by FitMetrics — including AI outputs — are for informational and educational purposes only and are not intended to replace qualified medical advice.

3.6 Data Ownership
While FitMetrics processes and stores client information submitted by users (e.g., client data, photos, chat logs, blood results), you retain ownership of your client data. However, FitMetrics reserves the right to use anonymized, aggregated data for internal research, AI training, and product development purposes. For more information, please refer to our [Privacy Policy].

3.7 BETA and Early Access Features

From time to time, we may release features in beta (including but not limited to AI Coach, Zoom transcription, or automated blood analysis). These are experimental, subject to change, and may have limited support or availability. By using these features, you acknowledge they are offered “as-is” and may contain bugs or inaccuracies.

3.8 Support and Onboarding

FitMetrics provides product support and onboarding through email (support@fitmetrics.ai), educational video tutorials, and one-on-one onboarding calls (available only for Business Plan clients). Support is offered in English only.

Account Registration and Access

4.1 Account Creation
To use the FitMetrics platform, you must register a business account. You agree to provide accurate, complete, and current information and to maintain its accuracy. You are solely responsible for all activity under your account and must maintain strict confidentiality of your login credentials.

4.2 Authorized Team Members
Businesses may add authorized team members to their account. These must be internal personnel (e.g., employees, contractors). You are fully responsible for their actions, omissions, and compliance with these Terms.

4.3 Security and Unauthorized Use
You are responsible for implementing access controls and data protection measures within your business. FitMetrics is not liable for unauthorized use resulting from your failure to maintain appropriate security practices. If you suspect any unauthorized access, you must notify us immediately at support@fitmetrics.ai.

4.4 Account Suspension or Termination
We reserve the right to suspend or terminate access to your account at any time, without prior notice, if:

You violate these Terms
You misuse or abuse the platform
Your usage presents a security or legal risk
Your subscription lapses or payments fail

In such cases, we may permanently revoke access and delete data without liability to you.

4.5 Account Sharing Restrictions
You may not share your account with other businesses, third parties, or unrelated individuals. Each account must be tied to a single business entity. Violation will result in immediate termination and potential legal action.

4.6 Geographic Limitations
FitMetrics is operated from the United States and may not be accessible or permitted in all jurisdictions. If you are located in a country restricted by U.S. law or sanctions, you are prohibited from using the Service.

Subscriptions, Payments, and Billing

5.1 Subscription Plans
FitMetrics is a subscription-based platform offered to businesses and professional entities. All plans are billed on a monthly recurring basis unless otherwise stated in a written agreement. You agree to pay all fees associated with your selected plan in accordance with the pricing published on www.fitmetrics.ai, or as otherwise communicated by us in writing.

5.2 Payment Authorization
By subscribing to a FitMetrics plan, you:

Authorize us to charge your provided payment method on a recurring monthly basis
Acknowledge that failure to maintain valid payment information may result in service suspension
Agree to pay all applicable taxes, including VAT, sales tax, or similar, unless otherwise exempted by law

5.3 Non-Refundable Policy
All subscription payments are non-refundable. This includes:

Unused time in your billing cycle
Downgrades or cancellations made after renewal
Failure to use the software or dissatisfaction due to feature limitations

You understand and agree that by subscribing, you are making a non-refundable commitment for the current billing period.

5.4 Cancellation Policy
FitMetrics does not offer self-service cancellation. To cancel your subscription:

You must contact support by email at support@fitmetrics.ai
Notice must be submitted at least 3 business days before your next billing date to avoid being charged

Late cancellation requests will result in charges for the following period, which will not be refunded under any circumstance.

5.5 Price Changes
We reserve the right to adjust pricing for any plans or services at any time. Any change will take effect on your next billing cycle, and we will provide at least 7 days’ notice via email or platform notification. Continued use of the platform after a price change constitutes your acceptance of the new pricing.

5.6 Delinquent Accounts
Failure to make timely payments will result in:

Immediate suspension of your account
Permanent loss of access to client data after 30 days of non-payment
Legal action or debt collection where applicable

We are not liable for data loss caused by non-payment or account suspension due to billing issues.

5.7 Billing Disputes
All billing-related inquiries or disputes must be submitted in writing to support@fitmetrics.ai within 10 calendar days of the charge. Failure to do so waives your right to dispute the charge.

Acceptable Use and Platform Restrictions

6.1 Authorized Use Only
FitMetrics is exclusively intended for professional use by businesses, coaches, and wellness practitioners. You agree to use the platform solely for lawful purposes related to managing your clients, delivering coaching services, and utilizing tools offered by FitMetrics within your subscription plan.

6.2 Prohibited Uses
You agree not to do any of the following:

Resell, sublicense, or share access to the platform with any third party not under your business
Use FitMetrics in connection with any unlawful, fraudulent, or deceptive activities
Attempt to reverse engineer, decompile, or disassemble any part of the platform or underlying code
Use bots, scrapers, or automated scripts to extract or misuse data
Circumvent any security, access restrictions, or authentication mechanisms
Upload or transmit any malware, viruses, or malicious code
Misrepresent yourself, your company, or the relationship between you and your clients or between you and FitMetrics
Use the platform in a way that could disrupt, damage, disable, or overburden the platform or our infrastructure

6.3 No Medical Use
You acknowledge and agree that:

FitMetrics does not provide any medical advice, treatment, or diagnosis
The platform is not intended to be used as a substitute for professional medical judgment
You must not represent the software as a medical device or medical advisory tool

Using FitMetrics in a healthcare, diagnostic, or regulated medical setting without clear disclaimers and separation from medical services may constitute a breach of these Terms and result in immediate termination.

6.4 Client Consent and Responsibility
As the account holder, you are responsible for ensuring that your clients:

Have provided valid consent for their data to be processed, stored, or displayed in FitMetrics
Understand that the software is operated by your business, not FitMetrics directly
Are not under the age of 18
Do not interpret any AI-generated suggestions or metrics as medical advice

You are solely liable for any consequences of client misuse, misunderstanding, or complaints arising from your use of FitMetrics.

6.5 Suspension for Violation
We reserve the right to immediately suspend or terminate your account without prior notice if we determine, at our sole discretion, that you have violated these Terms or are engaged in activities that threaten the integrity, security, or reputation of FitMetrics or FitMetrics AI LLC.

Data Privacy, Security & HIPAA Compliance

7.1 Overview
FitMetrics is designed with strict adherence to industry-standard data protection protocols. We are fully committed to safeguarding the confidentiality, integrity, and availability of client and business data within the platform.

7.2 HIPAA Compliance
FitMetrics is a HIPAA-compliant platform. We have implemented administrative, technical, and physical safeguards to protect Protected Health Information (PHI) in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations.

However:

HIPAA compliance is a shared responsibility.
It is your responsibility as the account holder to ensure that:
- You use the platform in a compliant manner
- You have valid client authorization to store and process PHI
- You sign a Business Associate Agreement (BAA) with us before storing PHI
- You follow all applicable laws and regulations in your jurisdiction

Failure to sign a BAA or use the platform outside the scope of HIPAA compliance may result in immediate termination of service and legal liability on your part.

7.3 Data Storage and Security Protocols
All data within FitMetrics is stored securely using industry-standard encryption, both at rest and in transit. Access to sensitive data is role-based, auditable, and protected via secure authentication protocols.

We utilize:

End-to-end encrypted communication (HTTPS)
Encrypted cloud-based storage solutions
Multi-factor authentication options
Automated and manual monitoring for unauthorized access attempts

7.4 Third-Party Integrations
The platform integrates with trusted third-party services, including:

Trainerize (training data)
WHOOP (biometric tracking)
Zoom (call recording and transcription)

While these services may involve data exchange, FitMetrics only shares data with your explicit authorization. You are responsible for reviewing and agreeing to their respective terms of use and privacy policies.

7.5 Data Breach Notification
In the unlikely event of a data breach affecting your account or your clients, we will:

Notify you within a commercially reasonable timeframe
Cooperate with you in fulfilling any required regulatory obligations
Provide you with information and support to mitigate any potential harm

7.6 Client Data Ownership
You retain full ownership of your business’s client data. FitMetrics acts as a processor of that data on your behalf. Upon termination of service, you may request an export of your client records in a machine-readable format, subject to identity verification and administrative processing timelines.

7.7 Limitation of Responsibility
FitMetrics is a software provider and not a data controller for your clients. You are solely responsible for:

Ensuring your use of the platform complies with data protection laws
Obtaining proper client consents
Handling any disputes or claims regarding data access, content, or misinterpretation

We expressly disclaim all liability for data misuse, breaches caused by user negligence, or non-compliant usage patterns.

Subscription, Billing & Payment Terms

8.1 Subscription Model
FitMetrics is offered strictly on a monthly subscription basis. All services, features, integrations, and updates are accessible only to users with an active subscription. We do not offer pay-per-use plans or lifetime licenses.

8.2 Business Use Only
FitMetrics is designed exclusively for business use. By subscribing, you represent and warrant that you are acting on behalf of a legitimate business entity and not as a private consumer. All billing is intended for B2B transactions, and consumer protection laws do not apply.

8.3 Subscription Plans and Pricing
We offer different pricing tiers (e.g., Starter, Business) as listed on our website. Each tier may include limitations on usage, features, number of users, integrations, or data storage.

We reserve the right to modify pricing or features at any time with reasonable notice, typically via email or platform notification. Continued use after changes implies acceptance.

8.4 Billing Cycle

Subscriptions are billed in advance on a monthly basis.
Your billing cycle begins on the date of your first payment and renews automatically every month unless canceled in accordance with these Terms.

8.5 Payment Method
All payments must be made through a valid payment method (e.g., credit card) via our authorized payment processor. You authorize us to charge your payment method on a recurring basis.

If payment fails or is declined, your access to the platform may be suspended immediately without notice.

8.6 Taxes
You are responsible for all applicable taxes (including VAT or sales tax) in your jurisdiction. Our pricing does not include such taxes unless explicitly stated.

8.7 No Refund Policy
All payments are non-refundable, including but not limited to:

Partial use of the Service
Downgrades during a billing period
Failure to cancel before the renewal date
Technical or onboarding delays unless caused by gross negligence on our part

We do not offer trial periods unless specifically provided in writing.

8.8 Cancellation Policy
To cancel your subscription, you must contact support at support@fitmetrics.ai at least 5 business days before your next billing cycle.

We do not guarantee cancellation requests made through other channels (e.g., social media, chat, Telegram, or DMs).

8.9 Downgrades and Upgrades
You may request to switch plans by contacting our support team. Any such changes will take effect in the next billing cycle unless explicitly agreed otherwise.

8.10 Termination for Non-Payment or Violation
We reserve the right to suspend or terminate your access to FitMetrics:

If your account becomes delinquent
If you breach any of these Terms
If your usage threatens platform stability, security, or reputation

In the event of termination, you are not entitled to any refund.

8.11 Currency and Charges
All prices are listed and charged in USD (United States Dollars). Foreign exchange fees, conversion charges, or international bank fees are the sole responsibility of the subscriber.

Third-Party Integrations

FitMetrics integrates with third-party platforms such as Trainerize, WHOOP, Zoom, and other tools to enhance your coaching experience. These integrations are provided solely for your convenience and functionality and are subject to the terms and privacy policies of the respective third-party providers.

9.1 No Control or Liability

We do not own, operate, or control any third-party services. As such, we make no warranties or representations regarding their functionality, availability, reliability, or data security. Use of these third-party platforms is entirely at your own risk, and you agree that FitMetrics AI LLC shall not be liable for any loss, damage, breach, or downtime caused by or related to such services.

9.2 Data Sharing

By enabling third-party integrations within FitMetrics, you authorize us to share necessary user data (including client data, account metadata, or analytics) with the third-party provider, strictly for the purpose of providing the integration feature. You acknowledge that FitMetrics is not responsible for how such third parties handle, store, or use your data.

9.3 Revocation of Access

We reserve the right to disable or remove any third-party integration at any time, without notice, for technical, legal, or business reasons. This may include situations where the third-party provider discontinues service, changes terms, or introduces fees or practices we deem incompatible with our platform or business goals.

9.4 Your Responsibility

It is your responsibility to review and comply with the applicable terms and privacy policies of any third-party services you connect to FitMetrics. If you enable these services, you do so with the understanding that any issues, liabilities, or data misuse that may arise are governed by your agreement with that third-party, not with FitMetrics or FitMetrics AI LLC.

Data Privacy & Security

At FitMetrics, we take data privacy and security seriously. As a software platform serving health and fitness professionals, we are committed to protecting the confidentiality, integrity, and security of data stored on our systems — especially personal and health-related data.

10.1 HIPAA Compliance

FitMetrics is fully HIPAA-compliant. We have implemented administrative, technical, and physical safeguards in accordance with the Health Insurance Portability and Accountability Act (HIPAA) to protect personal health information (PHI) stored or processed through our platform.

However, compliance obligations are shared:

We provide the infrastructure and tools to support compliance.
You, as the business user, are responsible for configuring the platform correctly, using it lawfully, and managing your clients’ data in a manner that complies with HIPAA and other applicable regulations.

If you store or process PHI, you are required to sign a Business Associate Agreement (BAA) with us. Without a signed BAA, you are prohibited from using the platform for PHI.

10.2 Data Security Measures

We use industry-standard encryption, access controls, and monitoring systems to safeguard your data. These include, but are not limited to:

SSL/TLS encryption for all data in transit
Role-based access control
Secure data centers and server architecture
Regular security audits and updates

Despite our efforts, no system is 100% secure. You agree that FitMetrics is not responsible for any unauthorized access, hacking, or data loss unless directly caused by gross negligence or willful misconduct on our part.

10.3 Your Responsibilities

As the account owner or administrator:

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
You must ensure your team follows proper data handling protocols, especially when accessing client information.
You may not upload, share, or store sensitive data in violation of applicable laws.

10.4 Data Ownership

You retain ownership of the data you and your clients upload into FitMetrics. By using the Service, you grant us a limited, non-exclusive, royalty-free license to access, store, process, and transmit such data solely for the purpose of operating and improving the Service.

We do not sell, rent, or share user data with third parties for advertising or commercial purposes.

10.5 Data Retention & Deletion

We retain your data for as long as your account is active. Upon written request, we will permanently delete your account and associated data, unless retention is required by law or for legitimate business purposes (such as fraud prevention or resolving disputes).

Please allow up to 30 days for full data removal following account termination.

Platform Availability & Uptime

We aim to provide uninterrupted access to the FitMetrics platform, but we do not guarantee that the Service will always be available, error-free, or operate without delays.

11.1 Service Uptime

We strive to maintain at least 99.5% uptime on a monthly basis. However, availability may be affected by:

Scheduled maintenance (we will give reasonable advance notice)
Emergency maintenance or security patches
Third-party outages (e.g., Trainerize, WHOOP, Zoom)
Circumstances beyond our control (e.g., force majeure, internet failures)

You acknowledge that temporary interruptions may occur, and FitMetrics is not liable for any direct or indirect damages resulting from such downtime.

11.2 Scheduled Maintenance

We may perform scheduled maintenance or upgrades to improve the platform. Whenever possible, such maintenance will be done during off-peak hours and announced via our changelog or email updates.

11.3 Service Modifications

We reserve the right to modify, update, suspend, or discontinue any part of the platform at any time, with or without notice. This includes changes to features, integrations, user interfaces, or backend architecture.

FitMetrics will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

11.4 Technical Support

FitMetrics provides email-based support via support@fitmetrics.ai.
We aim to respond to all inquiries within 24–72 business hours. Priority support may be provided to Business Package users, at our discretion.

Use of Third-Party Integrations

FitMetrics offers optional integrations with third-party platforms, including but not limited to Trainerize, WHOOP, and Zoom, to enhance user functionality.

12.1 Optional Nature of Integrations

All integrations are provided as-is and are not mandatory for the core functionality of FitMetrics. By choosing to connect your FitMetrics account with any third-party service, you acknowledge and accept the separate terms and privacy policies of those platforms.

12.2 No Liability for Third-Party Services

We do not control or endorse any third-party services. You understand that:

We are not responsible for the accuracy, reliability, or availability of third-party data or systems.
We are not liable for any data loss, breaches, service interruptions, or business losses caused by third-party platforms, APIs, or infrastructure failures.

12.3 Authorization

You are responsible for ensuring that your team and clients are authorized to use any third-party services connected to FitMetrics. You also agree not to misuse or reverse-engineer any third-party integration.

12.4 Termination or Limitation of Integration

FitMetrics reserves the right to suspend, alter, or remove any integration at any time, with or without prior notice, due to:

Vendor policy changes or API restrictions
Technical limitations or security concerns
Low adoption or feature redundancy

12.5 Data Sharing with Third Parties

When you activate an integration, you authorize FitMetrics to transmit data between our system and the third-party platform on your behalf. This may include:

Client health metrics
Scheduling and video data
Performance and compliance indicators

Such data transmission is limited to the scope required to enable the intended functionality of the integration.

Data Privacy & HIPAA Compliance

13.1 Commitment to Data Protection

FitMetrics is committed to safeguarding the confidentiality, integrity, and availability of all user and client data, including health-related information. We implement reasonable and appropriate technical and organizational safeguards designed to protect your data against unauthorized access, disclosure, alteration, and destruction.

13.2 HIPAA Compliance

FitMetrics is designed to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations to the extent applicable. This includes but is not limited to:

Limiting access to Protected Health Information (PHI) only to authorized users
Encrypting PHI at rest and in transit
Ensuring all employees, contractors, and vendors adhere to confidentiality and security protocols
Offering Business Associate Agreements (BAAs) to qualifying organizations using FitMetrics in a HIPAA-covered capacity

IMPORTANT: You are solely responsible for determining whether your use of FitMetrics qualifies as a Covered Entity or Business Associate under HIPAA. If you are subject to HIPAA, you must request and sign a BAA with us before using the platform to store, process, or transmit PHI.

13.3 Your Responsibilities

By using FitMetrics, you agree to:

Comply with all applicable data protection laws, including HIPAA (where applicable), the GDPR, CCPA, and other privacy regulations
Obtain proper consent from your clients before uploading or processing any health-related data
Use the Service only in a manner that complies with your own legal and regulatory obligations
Not misuse, extract, resell, or distribute any data outside the scope of your intended use

You are fully responsible for any legal liabilities that arise from your misuse or mishandling of personal or sensitive data within the FitMetrics platform.

13.4 Data Hosting and Storage

All FitMetrics data is stored using secure, encrypted infrastructure. Data is currently hosted in compliant cloud environments located in the United States and/or Europe. By using the Service, you consent to the storage and processing of your data in these jurisdictions.

13.5 No Medical Use

FitMetrics is not a medical device, and the Service does not provide medical advice, diagnostics, or treatment. Any data generated, processed, or visualized through the platform is for informational purposes only. Clients and coaches are solely responsible for interpreting results and making any health-related decisions.

User Content & Intellectual Property

14.1 Ownership of Platform

All content, software, designs, algorithms, visual interfaces, database structures, code, trademarks, trade secrets, logos, and other proprietary elements of FitMetrics (collectively, “Platform IP”) are and shall remain the sole and exclusive property of FitMetrics AI LLC. You do not acquire any ownership rights by using the Service, and all rights not expressly granted are reserved.

Reproduction, distribution, reverse engineering, scraping, framing, or unauthorized use of any part of the Platform IP is strictly prohibited and may result in legal action.

14.2 User-Generated Content

By uploading, submitting, or otherwise transmitting any content (including, but not limited to, client names, measurements, progress data, chat transcripts, uploaded files, feedback, or custom templates) into the FitMetrics platform (“User Content”), you represent and warrant that:

You have all necessary rights and permissions to submit such content
You grant FitMetrics a non-exclusive, worldwide, royalty-free license to use, reproduce, display, modify, and store such content for the purposes of operating and improving the Service

This license does not grant FitMetrics ownership of your business’s proprietary coaching methods, brand identity, or client database — however, it does allow us to access and analyze your User Content to power platform features, perform backups, and fulfill contractual obligations.

14.3 License Restrictions

You may not:

Copy, distribute, or disclose any part of the Service in any medium
Sell, resell, sublicense, or otherwise monetize access to the platform
Use automated scripts to collect data or interact with the platform
Use the platform in a way that violates the rights of any third party, including intellectual property, privacy, or publicity rights

14.4 Feedback and Suggestions

If you provide any suggestions, feedback, improvement ideas, or other input related to the Service (“Feedback”), you agree that such Feedback becomes the property of FitMetrics AI LLC, and we may use it for any purpose without compensation or acknowledgment.

Third-Party Services & Integrations

15.1 Supported Integrations

FitMetrics integrates with select third-party platforms and APIs to enhance your experience. These currently include, but are not limited to:

Trainerize for client management and workout/nutrition sync
WHOOP for biometric tracking and recovery insights
Zoom for call scheduling and transcript automation

By using these integrations, you authorize FitMetrics to exchange relevant data with these platforms based on your account configurations and privacy preferences.

15.2 No Liability for Third-Party Platforms

FitMetrics is not responsible for the accuracy, availability, uptime, performance, reliability, terms, or privacy practices of any third-party service. These services operate under their own Terms and Conditions and Privacy Policies, which you are solely responsible for reviewing.

We are not liable for any damage, data loss, or business impact caused by:

API outages or changes on the part of a third-party provider
Misconfigured integrations
Data synchronization errors
User error when linking accounts

You use third-party integrations at your own risk.

15.3 Changes or Discontinuation of Integrations

We reserve the right to add, modify, suspend, or discontinue any third-party integration at any time without prior notice. Such decisions may be due to platform limitations, policy changes, or technical incompatibility.

Where feasible, we will provide advance notice, but this is not guaranteed. No refunds or credits will be issued for changes to or removal of any third-party integration.

15.4 Data Sharing and Compliance

FitMetrics transmits and stores third-party data in compliance with HIPAA and industry best practices. However, the originating service (e.g., WHOOP, Zoom, Trainerize) is responsible for its own data security and handling practices.

By activating any integration, you consent to FitMetrics accessing and processing the data necessary to provide the functionality. You also confirm that you have secured all required permissions from your clients to enable such sharing.

Disclaimers & No Medical Advice

16.1 Software-Only Platform

FitMetrics is a technology platform only. We do not provide — and are not authorized to provide — any form of:

Medical advice
Diagnosis
Treatment
Medical interpretation of lab results
Health recommendations

All information presented in FitMetrics is generated by AI based on data provided by you, your clients, or third-party integrations. It is designed for informational and operational purposes only.

16.2 Not a Substitute for Professional Healthcare

The information made available by FitMetrics, including blood test visualizations, habit suggestions, AI-generated insights, macro recommendations, or client summaries, is not a substitute for consultation with licensed medical professionals.

Do not use FitMetrics to make medical decisions, delay necessary treatment, or replace the role of a physician, registered dietitian, or any qualified health provider.

16.3 No Client-Patient Relationship

Use of FitMetrics does not create a doctor-patient, nutritionist-client, therapist-client, or any regulated healthcare relationship between:

FitMetrics and your clients
FitMetrics and your business
FitMetrics and any individual using or viewing the platform

You are solely responsible for how you interpret and act on the information provided through our platform.

16.4 No Warranties

FitMetrics is provided “as is” and “as available” without warranties of any kind, either express or implied. We make no guarantees that the Service:

Will always be accurate, complete, or up to date
Is fit for any particular purpose
Will result in any health, fitness, or business outcomes
Is free from interruptions, errors, or security vulnerabilities

Use of the platform is entirely at your own discretion and risk.

16.5 Client Responsibility & Consent

You agree that your use of FitMetrics in coaching your own clients is entirely your responsibility. You must ensure that:

Your clients understand that FitMetrics is not a healthcare provider
Your clients do not misinterpret any features as personalized medical advice
All communication and disclosures to your clients are accurate and legally compliant

We strongly encourage that you maintain your own terms and disclaimers with your clients, especially if you provide services in regulated jurisdictions.

Intellectual Property

17.1 Ownership

All content, features, and functionality made available through the FitMetrics platform — including but not limited to software code, text, graphics, logos, icons, audio, video, user interface design, documentation, and any proprietary algorithms or data models — are the exclusive property of FitMetrics AI LLC or its licensors. These materials are protected by intellectual property laws in the United States and internationally, including copyright, trademark, trade secret, and patent laws.

You are not granted any ownership or license to the intellectual property except as expressly set forth in these Terms.

17.2 Restrictions

You may not:

Reproduce, duplicate, modify, distribute, license, sell, or publicly display any part of the platform without prior written consent from FitMetrics AI LLC.
Reverse engineer, decompile, disassemble, or attempt to derive the source code or architecture of any FitMetrics software.
Use our content or branding, including names, logos, trade dress, or other identifiers, in any way that causes confusion or implies a false association.
Sell or resell access to the platform, or commercially exploit any portion of it unless expressly authorized by us.

Violating any of these restrictions constitutes a breach of these Terms and may result in immediate termination of your access to the Service, legal action, and damages.

17.3 License to You

Subject to compliance with these Terms and your active subscription, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the FitMetrics platform solely for your internal business operations.

This license:

Does not include the right to make the software available to third parties (except for your authorized team or clients under your direct management).
Is revocable at any time at our sole discretion.

17.4 User-Generated Content

To the extent that you upload, post, or transmit content to the platform (such as client data, branding, AI prompts, or documentation), you retain all ownership of your content. However, you grant FitMetrics AI LLC a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, and process such content solely to provide and improve the Service.

You represent and warrant that you have all necessary rights and permissions to submit such content and that doing so will not violate any third-party rights.

17.5 Feedback

If you submit suggestions, feedback, or improvements regarding FitMetrics, you agree that we may use them without restriction or compensation to you. All feedback becomes the exclusive property of FitMetrics AI LLC, and we are under no obligation to implement it.

Data Security and HIPAA Compliance

At FitMetrics, we take data protection and security extremely seriously. We are committed to maintaining the highest standards of privacy and security for all data processed through our platform, especially when it involves protected health information ("PHI").

18.1 Security Measures

We implement industry-standard administrative, technical, and physical safeguards to protect the integrity, confidentiality, and availability of customer data. This includes but is not limited to:

Encrypted storage and transmission (SSL/TLS)
Access control restrictions and user role hierarchies
Regular vulnerability scans and penetration testing
Data backup and disaster recovery protocols
Monitoring and logging of system access and activity

18.2 HIPAA Compliance

FitMetrics is fully compliant with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") to the extent applicable. While FitMetrics itself does not provide healthcare services, our software may be used by Covered Entities or Business Associates under HIPAA to collect, process, and analyze client data, including PHI.

As such, we offer a Business Associate Agreement (BAA) to all eligible subscribers of our Business Package who request it. This BAA outlines the responsibilities of each party regarding the safeguarding of PHI.

To enter into a BAA with us, please contact: support@fitmetrics.ai
We do not guarantee HIPAA compliance unless a signed BAA is in place.

18.3 Your Responsibilities

You are solely responsible for ensuring that your use of the platform complies with all laws and regulations applicable to your business, including but not limited to HIPAA, GDPR, or any data protection regulations in your jurisdiction.

This includes:

Obtaining all necessary client consents before uploading or processing PHI
Implementing access control within your team
Ensuring your staff understands their obligations regarding data privacy
Promptly reporting any suspected breaches or unauthorized access

18.4 Data Breach Notification

In the unlikely event of a data breach affecting your account or the FitMetrics platform, we will notify you without undue delay as required by applicable law. We will provide:

A description of the nature of the breach
The data affected
The steps we have taken to contain and mitigate the breach
Recommendations on how you may further secure your data or notify clients if applicable

Data Security and Compliance

19.1 HIPAA Compliance

FitMetrics is fully HIPAA-compliant and has implemented administrative, physical, and technical safeguards to protect personal health information (PHI) transmitted through the platform. While we do not process PHI directly unless required by our business customers, any organization that uploads PHI must enter into a Business Associate Agreement (BAA) with FitMetrics AI LLC prior to using such features.

19.2 Data Integrity

We use industry-standard encryption, access controls, and monitoring tools to safeguard user data. However, no system is completely immune to breaches or failures. By using the Service, you acknowledge and accept that FitMetrics AI LLC cannot guarantee absolute security of any data transmitted or stored.

19.3 Third-Party Integration Security

FitMetrics integrates with third-party services such as Trainerize, WHOOP, and Zoom. While we make reasonable efforts to verify these platforms' compliance and security protocols, we are not liable for any data mishandling or breaches that occur within those third-party platforms. Your use of such services is governed by their respective terms and privacy policies.

19.4 Responsibility of Business Customers

As a business user, you are solely responsible for ensuring that your own use of FitMetrics complies with applicable privacy and data protection laws. You must secure all necessary consents and authorizations from your end users or clients before uploading, sharing, or processing any personal data via the platform.

Governing Law and Dispute Resolution

20.1 Governing Law

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

20.2 Jurisdiction

Any disputes arising out of or related to the use of the FitMetrics platform shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes.

20.3 Waiver of Class Actions

To the maximum extent permitted by law, you agree that all disputes shall be resolved individually and not as part of a class action, consolidated action, or representative action. You further waive any right to a jury trial.

20.4 Legal Fees

If any legal proceeding or arbitration arises between the parties related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and legal costs.

Contact Information

If you have any questions, concerns, or need to contact us regarding these Terms or your use of the platform, you may reach us at:

FitMetrics AI LLC
1207 Delaware Ave #3302
Wilmington, DE 19806
United States of America
📧 support@fitmetrics.ai
Attn: Xenios Charalambous

We aim to respond to all inquiries within 3 business days.