Terms & Conditions

• I. DEFINITIONS
  • Account
  • Applicable Law
  • Application Marketplace
  • Content
  • Intellectual Property Rights
  • Personal Data
  • Subscription Plan
  • Payment Provider
  • Privacy Policy
  • Premium Features
  • Service
  • Service Operator
  • Terms of Use or Terms
  • User
  • User Content
  • Interpretation
• II. ACCEPTANCE OF THE TERMS
  • Binding Nature of the Terms
  • Acceptance of the Terms
  • Age Restrictions
  • Additional Terms
  • Amendments to the Terms of Use
  • Continued Use of the Service
  • Electronic Acceptance
  • Order of Precedence
  • Severability
• III. RIGHT TO USE THE SERVICE AND ACCOUNT
  • Right to Use the Service
  • Account Registration
  • Account Responsibilities
  • Accuracy of Information
  • One Account per User
  • Account Security
  • Use by Third Parties
  • Suspension or Restriction of Access
  • Account Deletion
  • Consequences of Account Deletion
  • Right to Refuse Registration
  • Development of Account Functionality
• IV. DESCRIPTION OF THE SERVICE
  • General Description of the Service
  • Purpose of the Service
  • Availability of Features
  • Continuous Development of the Service
  • Beta Features and Experimental Functionality
  • Availability of the Service
  • Third-Party Integrations
  • Internet Access
  • No Medical Device
  • No Professional Advice
  • Geographic Availability
  • No Guarantee of Availability
• V. HEALTH & WELLNESS INFORMATION
  • General Nature of the Information
  • Personalized Recommendations
  • Individual Differences
  • User-Provided Information
  • No Guarantee of Results
  • Personal Responsibility for Health
  • Continuous Development of Health-Related Content
  • Relationship with the Privacy Policy
  • Intended Purpose of the Service
• VI. HEALTH & MEDICAL DISCLAIMER
  • No Medical Services
  • No Medical Advice
  • Seeking Professional Medical Care
  • Use of Recommendations
  • Chronic Conditions and Special Health Circumstances
  • No Guarantee of Medical Outcomes
  • Health Information Does Not Create a Professional Relationship
  • No Liability for Medical Decisions
  • Interpretation of this Section
• VII. SUBSCRIPTION PLANS
  • General Provisions
  • Types of Subscription Plans
  • Premium Features
  • Commencement of a Subscription
  • Personal Nature of Subscription
  • Changing Subscription Plans
  • Availability of Subscription Plans
  • Changes to Subscription Pricing
  • Discontinuation of Subscription Plans
  • No Ownership Rights
  • Changes to Service Functionality
  • No Guarantee of Permanent Feature Availability
• VIII. PAYMENTS AND BILLING
  • General Provisions
  • Pricing
  • Taxes
  • Payment Authorization
  • Third-Party Payment Services
  • Payment Errors
  • Changes to Pricing
  • Payment Currency
  • Payment Confirmations
  • Fraudulent Transactions
  • Refunds
  • Future Monetization Models
  • No Guarantee of Payment Method Availability
• IX. FREE TRIAL AND PROMOTIONAL OFFERS
  • General Provisions
  • Eligibility and Participation
  • Free Trial Period
  • Automatic Renewal Following the Free Trial
  • Restrictions on Promotional Offers
  • Right to Modify or Discontinue Promotional Offers
  • Cancellation of Promotional Offers for Violations
  • No Cash Value
  • Territorial Restrictions
  • Future Marketing Programs
• X. SUBSCRIPTION CANCELLATION AND RENEWAL
  • General Provisions
  • Automatic Renewal
  • Cancellation Procedure
  • Effective Date of Cancellation
  • Reactivation of a Subscription
  • Discontinuation of Subscription Plans
  • Suspension or Termination Due to Violations
  • Refunds Following Cancellation
  • Account Deletion
  • Temporary Suspension of a Subscription
  • Changes to Automatic Renewal
  • Consumer Rights
• XI. ACCEPTABLE USE POLICY
  • General Principles
  • Prohibited Activities
  • Prohibited Content
  • Reverse Engineering Prohibition
  • Automated Access
  • Commercial Use of the Service
  • Compliance Monitoring
  • Consequences of Violations
  • Reporting Violations
  • Principle of Proportionality
• XII. INTELLECTUAL PROPERTY
  • Ownership
  • Limited License
  • Trademarks
  • Copyright
  • Prohibited Uses
  • Reverse Engineering
  • Third-Party Content
  • Intellectual Property Infringement Notices
  • Improvements and Feedback
  • No Transfer of Rights
  • Future Registration of Intellectual Property
  • Reservation of Rights
• XIII. USER CONTENT
  • Ownership of User Content
  • License Granted to the Operator
  • User Representations and Warranties
  • Prohibited Content
  • Removal of Content
  • Responsibility for User Content
  • Account Deletion
  • Public Content
  • Aggregated and Anonymized Data
  • Personal Data
  • Balance of Rights
• XIV. THIRD-PARTY SERVICES
  • Use of Third-Party Services
  • Independence of Third Parties
  • Third-Party Terms
  • Payment Services
  • Links to Third-Party Websites and Resources
  • Availability of Third-Party Services
  • Change of Providers
  • Data Processing by Third-Party Providers
  • No Partnership
  • Future Integrations
  • App Stores and Third-Party Platforms
• XV. DISCLAIMER OF WARRANTIES
  • Provision of the Service
  • No Warranty of Continuous Availability
  • No Guarantee of Results
  • Third-Party Data
  • Compatibility
  • Informational Nature of Content
  • No Guarantee of Absolute Security
  • Changes to the Service
• XVI. LIMITATION OF LIABILITY
  • General Provisions
  • Responsibility for Use of the Service
  • Loss of Data
  • Temporary Unavailability of the Service
  • Third-Party Services
  • Indirect Damages
  • Maximum Liability
  • Duty to Mitigate
  • Acts of Third Parties
  • Force Majeure
• XVII. INDEMNIFICATION
  • General Provision
  • Intellectual Property Infringement
  • Unlawful Content
  • Violation of Law
  • Duty to Notify
  • Proportionality
  • Cooperation Between the Parties
• XVIII. TERMINATION
  • User's Right to Stop Using the Service
  • Operator's Right to Suspend Access
  • Permanent Termination of Access
  • Discontinuation of the Service
  • Effects of Termination
  • Refunds
  • Account Deletion
  • No Waiver of Rights
• XIX. GOVERNING LAW AND DISPUTE RESOLUTION
  • General Principles
  • Amicable Settlement
  • Governing Law
  • Jurisdiction
  • International Disputes
  • Waiver of Class Actions
  • Limitation Periods
  • Language of Proceedings
• XX. MISCELLANEOUS
  • Entire Agreement
  • Amendments to the Terms of Use
  • Severability
  • No Waiver
  • Assignment
  • Electronic Agreement
  • Language of the Terms
  • Survival
  • General Reservation
  • Contact Information

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I. DEFINITIONS

For the purposes of these Terms of Use, the following terms shall have the meanings set forth below, unless the context clearly requires otherwise.

Account

A personal account created by the User to access the Service, its features, personalized settings, usage history, Subscription Plans, and other functionalities made available through the Service.

Applicable Law

Any applicable laws, statutes, regulations, directives, court decisions, governmental orders, regulatory requirements, or other legally binding rules governing the Service Operator, the User, or the use of the Service.

Application Marketplace

Any digital distribution platform through which the Service or any of its features is distributed, downloaded, licensed, or made available, including, without limitation, the Apple App Store, Google Play, or any similar platform.

Content

Any text, graphics, images, photographs, audio, video, software, source code, databases, user interfaces, educational materials, recommendations, information, digital materials, or any other content available within or through the Service.

Intellectual Property Rights

Any intellectual property rights, including copyrights, neighboring rights, trademarks, service marks, trade names, domain names, patents, utility models, industrial designs, database rights, trade secrets, know-how, and any other proprietary rights recognized under Applicable Law.

Personal Data

Any information relating to an identified or identifiable natural person, as defined under Applicable Law governing the protection of personal data.

Subscription Plan

Any free or paid plan that determines the scope of access to the Service, available features, subscription period, pricing, and other applicable terms.

Payment Provider

Any third-party payment processor, financial institution, payment gateway, or other authorized payment service provider responsible for processing, administering, or facilitating payments for the Service.

Privacy Policy

A separate document governing the collection, use, storage, disclosure, protection, and other processing of Users' Personal Data, which forms an integral part of these Terms of Use.

Premium Features

Any features, services, materials, or functionalities available exclusively to Users who have subscribed to an applicable Subscription Plan or otherwise obtained authorized access.

Service

The FitQuill mobile application, together with its associated website, software, digital services, AI-powered features, integrations, Content, and any related technologies made available by the Service Operator.

Service Operator

FitQuill LLC, a limited liability company registered at Kyivska 245, Brovary, Ukraine, which develops, administers, maintains and operates the FitQuill Service.

Terms of Use or Terms

These Terms of Use, including all sections, schedules, amendments, supplements, and documents incorporated herein by reference.

User

Any natural person who accesses, uses, or otherwise interacts with the Service, regardless of whether such person has registered an Account or subscribed to a Subscription Plan.

User Content

Any information, data, text, images, records relating to physical activity, nutrition, health, wellness, interactions with AI Features, or any other materials or digital content that the User uploads, creates, submits, transmits, or otherwise makes available through the Service.

Interpretation

Unless expressly provided otherwise in these Terms of Use:

1. words importing the singular include the plural, and vice versa;
2. references to a person include both natural persons and legal entities;
3. the words "including", "such as", and similar expressions shall be interpreted as meaning "including, without limitation";
4. headings are provided solely for convenience and shall not affect the interpretation of these Terms of Use;
5. references to any law or regulation include all amendments, restatements, replacements, or successor legislation, unless the context requires otherwise.

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II. ACCEPTANCE OF THE TERMS

Binding Nature of the Terms

These Terms of Use constitute a legally binding agreement between the FitQuill LLC with registered office at Kyivska 245, Brovary, Ukraine and the User governing the User's access to and use of the Service.

By accessing the Service, creating an Account, downloading, installing, or otherwise accessing or using the Service, the User acknowledges that they have read, understood, and agree to be bound by these Terms of Use.

Acceptance of the Terms

If the User does not agree to any provision of these Terms of Use, the User must not access or use the Service.

Age Restrictions

The Service may be used by individuals aged 16 and older. If we become aware that a person under 16 uses the Service, we will take steps to delete such account as soon as possible. If you become aware of such a case, please notify us at support@fitquill.com.

Additional Terms

Certain features, services, or functionalities of the Service may be subject to additional terms, policies, or guidelines.

Such additional documents shall form an integral part of these Terms of Use solely with respect to the relevant feature, service, or functionality.

In the event of any inconsistency between such additional terms and these Terms of Use, the additional terms shall prevail solely with respect to the applicable feature or service, unless expressly stated otherwise.

Amendments to the Terms of Use

The Service Operator reserves the right to amend, modify, supplement, or update these Terms of Use from time to time to reflect developments of the Service, changes in Applicable Law, technical developments, changes to the business model, or for any other legitimate reason.

Any updated version of these Terms of Use shall become effective upon publication within the Service or on such later date as may be specified in the updated version.

Where required by Applicable Law, Users will be provided with prior notice of any material amendments before such amendments become effective.

Continued Use of the Service

The User's continued access to or use of the Service after the effective date of any updated version of these Terms of Use constitutes the User's acceptance of such amendments.

If the User does not agree with the updated Terms of Use, the User must discontinue using the Service and, where applicable, cancel any active Subscription Plan in accordance with these Terms of Use.

Electronic Acceptance

The User agrees that acceptance of these Terms of Use by selecting or clicking a button or similar interface element labelled "Continue", "Create Account", "Sign Up", "I Agree", "Accept", or any equivalent confirmation mechanism, or by using the Service where permitted by Applicable Law, constitutes a legally binding electronic agreement and has the same legal force and effect as a written agreement executed by the User.

Order of Precedence

In the event of any conflict or inconsistency between these Terms of Use and any other documents governing the use of the Service, the following order of precedence shall apply unless expressly provided otherwise:

1. these Terms of Use;
2. specific terms governing individual features, services, or functionalities;
3. the Privacy Policy, solely with respect to the processing of Personal Data;
4. any other policies, guidelines, or documents issued by the Service Operator.

Severability

If any provision of these Terms of Use is held to be invalid, unlawful, or unenforceable by a court or other competent authority, such provision shall be enforced to the maximum extent permitted by Applicable Law, and the remaining provisions shall remain valid, enforceable, and in full force and effect.

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III. RIGHT TO USE THE SERVICE AND ACCOUNT

Right to Use the Service

Subject to the User's compliance with these Terms of Use, the Service Operator grants the User a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for personal, non-commercial purposes, unless expressly authorized otherwise by the Service Operator.

The granting of such license does not transfer to the User any ownership rights in or to the Service, its software, Content, or any Intellectual Property Rights.

Account Registration

Certain features of the Service may require the User to create an Account.

When registering an Account, the User shall provide accurate, complete, and up-to-date information and shall keep such information current throughout the period of using the Service.

Account Responsibilities

The User is solely responsible for:

• maintaining the confidentiality of their Account credentials;
• ensuring the security of the Devices used to access the Service;
• all activities conducted through their Account;
• promptly notifying the Service Operator of any unauthorized use of the Account or any other actual or suspected security breach.

Accuracy of Information

The User represents and warrants that all information provided during registration and throughout the use of the Service is accurate, complete, and does not infringe upon the rights of any third party.

The Service Operator may require the User to update or verify such information where there are reasonable grounds to believe that it is inaccurate, incomplete, or outdated.

One Account per User

Unless expressly authorized by the Service Operator, each User may maintain only one personal Account.

The creation or use of multiple Accounts for the purpose of circumventing technical restrictions, obtaining additional promotional benefits, or engaging in any fraudulent, abusive, or unfair activity is prohibited.

Account Security

The User shall take reasonable measures to safeguard their Account credentials against unauthorized access.

The Service Operator shall not be liable for any loss or damage resulting from the User's failure to maintain the security of their Account, except where otherwise required by Applicable Law.

Use by Third Parties

An Account is personal to the User.

The User shall not:

• share or disclose their Account credentials to any third party;
• sell, transfer, assign, license, gift, or otherwise dispose of their Account;
• access or use another person's Account without proper authorization.

Suspension or Restriction of Access

The Service Operator reserves the right to temporarily suspend or restrict access to an Account where there are reasonable grounds to believe that:

• the User has violated these Terms of Use;
• the Account is being used in violation of Applicable Law;
• the Account poses a risk to the security or integrity of the Service, other Users, or third parties;
• fraudulent activity, unauthorized access, or other unlawful conduct has been detected or is reasonably suspected.

Where reasonably practicable and unless prohibited by Applicable Law or required for security purposes, the Service Operator will notify the User of such suspension and, where appropriate, provide the User with an opportunity to remedy the relevant violation.

Account Deletion

The User may delete their Account at any time through the functionality provided within the Service or by contacting the Service Operator.

Deletion of an Account does not automatically terminate any active Subscription Plan unless expressly provided otherwise in these Terms of Use or required by the applicable Payment Provider or Application Marketplace.

Consequences of Account Deletion

Following the deletion of an Account:

• access to personalized features of the Service will cease;
• access to Premium Features will remain available until the expiration of the applicable paid subscription period, unless otherwise required by Applicable Law;
• personal Data will continue to be processed in accordance with the Privacy Policy;
• certain information may be retained for the period necessary to comply with Applicable Law, resolve disputes, ensure the security of the Service, or protect the legitimate interests of the Service Operator.

Right to Refuse Registration

The Service Operator reserves the right to refuse the creation of an Account or restrict access to the Service where permitted under these Terms of Use or Applicable Law, including where there are reasonable grounds to believe that the registration is fraudulent, violates these Terms of Use, or poses a threat to the security, integrity, or proper operation of the Service or the rights of other Users.

Development of Account Functionality

The Service Operator may introduce additional methods of registration, authentication, account recovery, multi-factor authentication, enhanced security measures, or other Account management features from time to time.

Such changes may be implemented to improve security, enhance the functionality of the Service, facilitate technological development, or ensure compliance with Applicable Law and shall not limit any mandatory rights granted to the User under Applicable Law.

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IV. DESCRIPTION OF THE SERVICE

General Description of the Service

FitQuill is a digital software product designed to support Users in maintaining a healthy lifestyle, engaging in physical activity, managing nutrition, fostering personal development, building healthy habits, and achieving individual health and wellness goals.

The Service provides informational, analytical, and interactive tools, which may include personalized recommendations, digital content, reminders, statistics, data visualizations, and other supportive functionalities.

Purpose of the Service

The Service is intended solely to provide informational support and assist Users in organizing and maintaining a healthy lifestyle.

FitQuill does not guarantee the achievement of any specific results, including improvements in physical fitness, body weight, health condition, athletic performance, or any other personal outcome, as such results depend on numerous factors beyond the Service Operator's reasonable control.

Availability of Features

The availability of particular features or functionalities of the Service may vary depending on:

• the User's country or region;
• the type of Device;
• the operating system;
• the version of the application;
• the selected Subscription Plan;
• technical compatibility;
• Applicable Law;
• other objective technical or legal circumstances.

Certain features may not be available to all Users.

Continuous Development of the Service

The Service Operator continuously develops, improves, and enhances the Service.

Accordingly, the Service Operator reserves the right to:

• introduce new features and functionalities;
• modify existing functionality;
• discontinue certain features;
• redesign the user interface or overall structure of the Service;
• integrate new technologies;
• implement new Artificial Intelligence Features;
• conduct testing of experimental functionality.

Unless otherwise required by Applicable Law, such changes may be implemented without prior notice.

Beta Features and Experimental Functionality

From time to time, the Service Operator may provide selected Users with access to beta features, experimental functionality, early-access services, or pre-release versions of the Service.

Such features may contain errors, operate unpredictably, be modified, suspended, or discontinued at any time without prior notice.

The User acknowledges and agrees that the use of beta or experimental features is voluntary and entirely at the User's own risk.

Availability of the Service

The Service Operator uses commercially reasonable efforts to maintain the availability of the Service but does not warrant or guarantee that the Service will operate without interruption, errors, delays, or downtime.

Temporary interruptions may occur due to, including but not limited to:

• scheduled maintenance;
• software updates;
• technical failures;
• corrective maintenance;
• actions or omissions of third parties;
• telecommunications or network failures;
• force majeure events;
• any other circumstances beyond the reasonable control of the Service Operator.

Third-Party Integrations

The Service may integrate with, communicate with, or otherwise interact with third-party products, services, or platforms, without limitation.

The availability, functionality, and performance of such integrations depend entirely upon the relevant third parties.

Unless otherwise required by Applicable Law, the Service Operator is not responsible for the availability, security, functionality, policies, or practices of any third-party products or services.

Internet Access

The User is solely responsible for obtaining and maintaining:

• access to the Internet;
• a compatible Device;
• any required software;
• operating system and application updates necessary for the proper functioning of the Service.

All Internet connection charges, mobile carrier fees, and other telecommunications costs are the sole responsibility of the User.

No Medical Device

Unless expressly stated otherwise by the Service Operator, FitQuill is not a medical device, medical information system, or Software as a Medical Device (SaMD), and is not intended for the diagnosis, treatment, cure, monitoring, prevention, or mitigation of any disease or medical condition under Applicable Law.

Any information, recommendations, analyses, or other Content made available through the Service are provided solely for informational and supportive purposes.

No Professional Advice

The Service does not provide medical, psychological, nutritional, pharmaceutical, physiotherapy, legal, financial, or any other professional advice.

No information, recommendation, analysis, or Content provided through the Service shall be interpreted as individualized professional advice or as a substitute for consultation with a qualified healthcare professional or any other appropriately licensed specialist.

Geographic Availability

Unless otherwise restricted by Applicable Law or technical limitations, the Service may be made available to Users in multiple jurisdictions worldwide.

Certain features, Subscription Plans, payment methods, or other functionalities may be unavailable in specific countries or regions due to legal requirements, sanctions, regulatory restrictions, technical limitations, decisions of Application Marketplaces, or actions of third parties.

No Guarantee of Availability

The Service Operator does not warrant or guarantee that the Service will be available in any particular country, language, on any specific Device, through any specific Application Marketplace, or via any particular Payment Provider.

The availability of the Service may change at any time as a result of product development, Applicable Law, technical limitations, commercial decisions, or other legitimate business considerations.

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V. HEALTH & WELLNESS INFORMATION

General Nature of the Information

The Service provides information, digital tools, analytical materials, recommendations, and other features relating to healthy living, physical activity, nutrition, habit formation, self-monitoring, and general wellness.

All information, Content, and functionality made available through the Service are provided solely for general informational, educational, and supportive purposes.

Personalized Recommendations

Certain recommendations may be generated based on information provided by the User, the User's preferences, goals, or usage history.

Such recommendations are personalized solely for informational purposes, do not take into account all individual medical circumstances of the User, and do not guarantee the achievement of any particular outcome.

Individual Differences

The User acknowledges that the results obtained through the use of the Service may vary significantly depending on individual physiological characteristics, lifestyle, health condition, age, genetic factors, pre-existing medical conditions, adherence to recommendations, and numerous other factors beyond the reasonable control of the Service Operator.

Before making significant changes to physical activity, nutrition, lifestyle, or any other health-related practices, the User is encouraged to consult an appropriately qualified healthcare professional, particularly if the User has chronic medical conditions, is pregnant, has medical restrictions, or is otherwise at increased health risk.

User-Provided Information

The quality and relevance of recommendations generated by the Service depend substantially upon the completeness, accuracy, and timeliness of the information provided by the User.

The Service Operator shall not be responsible for any consequences arising from inaccurate, incomplete, misleading, or outdated information submitted by the User.

No Guarantee of Results

The Service Operator does not warrant or guarantee that use of the Service will result in:

• improved health;
• weight loss or weight gain;
• enhanced athletic or physical performance;
• reduction of health risks;
• lifestyle changes;
• development of healthy habits; or
• any other specific personal outcome.

Any examples, statistical information, demonstrations, testimonials, success stories, or similar materials made available through the Service are provided solely for illustrative purposes and shall not be interpreted as guarantees of comparable results.

Personal Responsibility for Health

The User is solely responsible for assessing their own physical condition and determining whether the use of the Service is appropriate.

If the User experiences pain, discomfort, illness, injury, deterioration of health, or any other adverse symptoms, the User should immediately discontinue following the relevant recommendations provided through the Service and seek appropriate medical advice without delay.

Continuous Development of Health-Related Content

The Service Operator reserves the right to update, revise, supplement, replace, or remove any health- or wellness-related information, recommendations, educational materials, or other Content at any time in order to maintain scientific accuracy, improve quality, reflect current knowledge, or comply with Applicable Law.

Relationship with the Privacy Policy

Where the User voluntarily provides information relating to their health, physical activity, lifestyle, wellness, or other related data for the purpose of receiving personalized recommendations, such information shall be processed in accordance with these Terms of Use and the Privacy Policy.

The categories of information processed, legal bases for processing, retention periods, security measures, and the User's rights are described in the Privacy Policy.

Intended Purpose of the Service

FitQuill is designed and operated as a digital health and wellness platform intended to support healthy lifestyle choices and general well-being.

Unless expressly stated otherwise by the Service Operator, the Service is not intended to provide medical advice, diagnose, treat, cure, monitor, or prevent any disease or medical condition, nor is it intended to provide healthcare services, make clinical decisions, or replace the professional judgment of qualified healthcare providers.

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VI. HEALTH & MEDICAL DISCLAIMER

No Medical Services

FitQuill is not a hospital, healthcare institution, medical practice, healthcare provider, or licensed medical organization.

The Service Operator does not practice medicine, provide medical care or healthcare services, diagnose medical conditions, prescribe treatment, monitor diseases, or engage in the prevention or management of medical conditions.

All features and functionality of the Service are provided solely for informational, educational, and supportive purposes.

No Medical Advice

No information, recommendation, AI-generated output, analysis, assessment, notification, or other Content made available through the Service constitutes:

• medical advice;
• medical diagnosis;
• clinical guidance;
• a prescription;
• treatment recommendations;
• a medical opinion;
• the opinion or professional judgment of a physician or other licensed healthcare professional.

The User should never rely upon the Service as a substitute for consultation with an appropriately qualified healthcare professional.

Seeking Professional Medical Care

The User should promptly consult a physician or another qualified healthcare professional if the User:

• experiences symptoms of illness;
• experiences deterioration in health;
• suffers an injury;
• experiences acute or chronic pain;
• suspects the presence of a medical condition;
• requires a medical diagnosis;
• requires the initiation, modification, or discontinuation of treatment; or
• has any other health-related concern requiring professional medical evaluation.

In the event of a medical emergency, the User should immediately contact local emergency medical services or the nearest appropriate healthcare provider.

Use of Recommendations

Any decisions regarding exercise, nutrition, dietary supplements, daily routines, lifestyle modifications, or other health-related activities are made solely by the User and at the User's own risk.

Before beginning any new exercise program, changing dietary habits, following restrictive diets, using supplements, or making other significant health-related changes, the User is encouraged to seek advice from a qualified healthcare professional.

Chronic Conditions and Special Health Circumstances

Users who have chronic illnesses, cardiovascular diseases, endocrine disorders, eating disorders, pregnancy, post-operative conditions, disabilities, or any other medical limitations should use the Service only after consulting an appropriately qualified healthcare professional.

No Guarantee of Medical Outcomes

The Service Operator makes no representation or warranty that use of the Service will:

• improve the User's health;
• prevent illness or disease;
• assist in the treatment of any medical condition;
• eliminate symptoms of illness;
• achieve any particular physical, medical, or wellness outcome.

Any positive outcomes experienced by individual Users are personal to those Users and shall not be interpreted as guarantees, predictions, or representations that similar outcomes will be achieved by others.

Health Information Does Not Create a Professional Relationship

The User's submission of information relating to health, physical condition, nutrition, physical activity, symptoms, or other health-related information does not create a physician-patient relationship, healthcare provider-patient relationship, fiduciary relationship, or any other professional relationship between the User and the Service Operator.

No Liability for Medical Decisions

To the fullest extent permitted by Applicable Law, the Service Operator shall not be liable for any medical, healthcare, lifestyle, or treatment-related decisions made by the User, including decisions concerning self-diagnosis, self-treatment, medication, discontinuation of treatment, dietary changes, physical activity, or any other health-related action, where such decisions are based, in whole or in part, upon information obtained through the Service.

Nothing in this Section shall exclude or limit liability where such exclusion or limitation is prohibited by Applicable Law.

Interpretation of this Section

This Health & Medical Disclaimer shall be interpreted together with the Sections entitled Health & Wellness Information, Disclaimer of Warranties, Limitation of Liability, the Privacy Policy, and all other applicable provisions of these Terms of Use.

In the event of any inconsistency between this Section and any informational or promotional materials relating to the Service, these Terms of Use shall prevail.

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VII. SUBSCRIPTION PLANS

General Provisions

FitQuill may offer access to the Service on both a free and a paid subscription basis.

Unless otherwise expressly specified by the Service Operator, Users may access certain basic features of the Service without purchasing a Subscription Plan.

Access to certain features, services, digital content, or functionality may be available exclusively through an applicable Subscription Plan.

Types of Subscription Plans

The Service Operator may offer one or more Subscription Plans that may differ with respect to, including without limitation:

• subscription duration;
• pricing;
• available features;
• available digital content;
• data synchronization capabilities;
• additional services;
• other characteristics or benefits.

The specific terms and features of each Subscription Plan are presented within the Service at the time of purchase.

Premium Features

Upon successful activation of an applicable Subscription Plan, the User will receive access to the Premium Features included in that Subscription Plan.

The scope of Premium Features may evolve as the Service develops, subject to Applicable Law and these Terms of Use.

Commencement of a Subscription

A Subscription Plan becomes effective upon:

• successful confirmation of payment by the applicable Payment Provider or Application Marketplace; or
• activation of a free trial period, where such an offer is available.

Personal Nature of Subscription

A Subscription Plan is personal to the User who purchased or activated it.

Unless expressly permitted by the Service Operator or the applicable Application Marketplace:

• a Subscription Plan may not be transferred to another person;
• sold;
• gifted;
• exchanged; or
• simultaneously shared or used by multiple individuals.

Changing Subscription Plans

Where supported by the Service or the applicable Application Marketplace, the User may upgrade, downgrade, or otherwise change their Subscription Plan.

The procedures governing subscription changes, the effective date of such changes, prorated billing adjustments, and other related matters shall be determined by the applicable Payment Provider, Application Marketplace, or any specific subscription terms published by the Service Operator.

Availability of Subscription Plans

Certain Subscription Plans may not be available:

• in particular countries or regions;
• to specific categories of Users;
• on certain platforms;
• on particular versions of the application;
• due to technical, commercial, or legal restrictions.

The Service Operator reserves the right to modify the range of available Subscription Plans as part of the ongoing development of the Service and its commercial strategy.

Changes to Subscription Pricing

The Service Operator reserves the right to modify the pricing of any Subscription Plan.

Unless otherwise required by Applicable Law or the policies of the relevant Application Marketplace or Payment Provider, such changes shall not affect any subscription period that has already been paid for.

Where required by Applicable Law or applicable platform policies, Users will receive advance notice of any pricing changes before such changes become effective.

Discontinuation of Subscription Plans

The Service Operator may discontinue a Subscription Plan, merge it with another plan, or replace it with a new offering.

Where reasonably practicable and where required by Applicable Law, affected Users will be notified in advance and, where appropriate, offered available alternatives for continued access to the Service.

No Ownership Rights

Purchasing or activating a Subscription Plan grants the User only a limited, revocable, non-exclusive, non-transferable right to access and use the applicable features of the Service during the active subscription period.

A Subscription Plan does not transfer to the User any ownership rights, Intellectual Property Rights, title to the software, digital content, or any other assets belonging to the Service Operator or third parties.

Changes to Service Functionality

As FitQuill continues to evolve, the Service Operator may:

• introduce new features to existing Subscription Plans;
• remove individual features;
• modify the operation of existing functionality;
• introduce new subscription categories;
• launch family, student, business, enterprise, corporate, promotional, or other specialized Subscription Plans.

Such changes shall be implemented in accordance with these Terms of Use and Applicable Law.

No Guarantee of Permanent Feature Availability

The inclusion of any particular feature within a Subscription Plan does not guarantee that such feature will remain available indefinitely.

Subject to Applicable Law, the Service Operator reserves the right to modify, replace, suspend, or discontinue features and functionality as part of product development, technological improvements, security enhancements, legal compliance, or its legitimate commercial strategy.

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VIII. PAYMENTS AND BILLING

General Provisions

Access to certain features of the Service may be provided on a paid basis through the User's selected Subscription Plan or any other payment model offered by the Service Operator.

All payments shall be processed through the applicable Application Marketplace, Payment Provider, or another authorized payment channel made available through the Service.

Pricing

The prices of Subscription Plans, digital products, premium features, and other paid offerings are determined by the Service Operator and displayed within the Service or the applicable Application Marketplace before the User confirms a purchase.

Prices may vary depending on, including without limitation:

• the User's country or region;
• the payment currency;
• applicable taxes;
• the platform used;
• the payment method;
• promotional offers;
• other commercial or legal factors.

Taxes

Unless expressly stated otherwise at the time of purchase, prices may be inclusive or exclusive of applicable taxes, duties, levies, or other mandatory governmental charges, depending upon the jurisdiction in which the transaction occurs.

Where taxes are calculated, collected, or remitted by an Application Marketplace or Payment Provider, such taxes shall be administered in accordance with the policies and procedures of the relevant third party.

Payment Authorization

By completing a purchase, the User represents and warrants that the User is legally authorized to use the selected payment method and authorizes the applicable Payment Provider or Application Marketplace to charge the applicable fees for the selected Subscription Plan, digital product, or other paid offering.

Third-Party Payment Services

Payment processing is performed by independent Payment Providers and Application Marketplaces.

Unless expressly stated otherwise, the Service Operator does not store complete payment card information and does not control payment authorization, fund transfers, verification of payment instruments, fraud detection procedures, or other payment processing activities performed by such third parties.

Payment Errors

If a payment transaction results in a technical error, duplicate charge, declined payment, unauthorized transaction, or any other payment-related issue, the User should first contact the applicable Application Marketplace or Payment Provider.

Where the issue directly relates to the operation of the Service itself, the User may also contact the Service Operator using the contact details provided within the Service.

Changes to Pricing

The Service Operator reserves the right to modify the prices of Subscription Plans, digital products, premium features, or other paid offerings.

Unless otherwise required by Applicable Law or the policies of the relevant Application Marketplace, such pricing changes shall apply only to future billing periods and shall not affect subscription periods that have already been paid for.

Payment Currency

Payments shall be made in the currency determined by the applicable Application Marketplace or Payment Provider.

Currency conversion, exchange rates, banking fees, foreign transaction charges, and similar costs may be imposed by financial institutions or payment processors and are outside the control of the Service Operator.

Payment Confirmations

Receipts, invoices, electronic confirmations, tax documents, or other payment records may be generated and provided by the applicable Application Marketplace, Payment Provider, or the Service Operator, depending upon the payment method used and Applicable Law.

Fraudulent Transactions

The Service Operator reserves the right to suspend access to paid features, refuse to process a transaction, cancel a purchase, or take other appropriate action where there are reasonable grounds to believe that a payment:

• was made unlawfully;
• involves fraud or suspected fraudulent activity;
• violates these Terms of Use; or
• creates security, legal, or financial risks for the Service, the Service Operator, other Users, or third parties.

Any such measures shall be implemented in accordance with Applicable Law.

Refunds

Refund requests are governed by:

• these Terms of Use;
• the policies of the applicable Application Marketplace;
• the terms of the applicable Payment Provider; and
• Applicable Law.

Where purchases are made through the Apple App Store or Google Play, refunds will generally be administered in accordance with the refund procedures established by the applicable platform.

Nothing in these Terms of Use limits any mandatory refund rights granted to the User under Applicable Law.

Future Monetization Models

The Service Operator may introduce additional payment methods or monetization models, including, without limitation:

• one-time purchases;
• in-app credits or digital tokens;
• pay-per-feature functionality;
• family subscriptions;
• gift cards or gift subscriptions;
• other digital products or services.

The applicable terms governing such payment models will be made available to the User before they are used.

No Guarantee of Payment Method Availability

The Service Operator does not guarantee that any particular payment method will be available in every country, currency, jurisdiction, platform, or throughout the lifetime of the Service.

The availability of payment methods may depend upon Applicable Law, the policies of Application Marketplaces, the requirements of Payment Providers, technical limitations, or other operational or commercial considerations.

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IX. FREE TRIAL AND PROMOTIONAL OFFERS

General Provisions

The Service Operator may, at its sole discretion, offer Users a free trial period, promotional access, discounts, special offers, gift subscriptions, promotional codes, or other marketing programs (collectively, the "Promotional Offers").

The provision of any Promotional Offer is a right, and not an obligation, of the Service Operator.

Eligibility and Participation

The specific terms and conditions of each Promotional Offer, including its duration, available features, eligibility requirements, territorial availability, and any other material conditions, shall be determined by the Service Operator and made available to the User before activation of the applicable Promotional Offer.

Free Trial Period

Where the Service Operator offers a free trial period, the User may access the applicable features of the Service without charge for the duration specified in the relevant Promotional Offer.

Upon expiration of the free trial period, access to the applicable features may terminate or automatically continue under a paid Subscription Plan in accordance with the rules of the applicable Application Marketplace, Payment Provider, or the terms disclosed to the User before activation of the free trial.

Automatic Renewal Following the Free Trial

Where the applicable Promotional Offer or the rules of the relevant Application Marketplace provide for automatic conversion into a paid Subscription Plan following the expiration of the free trial period, the User shall be informed of such automatic renewal before confirming activation of the free trial.

The User may cancel the Subscription before the end of the free trial period in accordance with the rules of the applicable platform or these Terms.

Restrictions on Promotional Offers

Unless expressly permitted under the applicable Promotional Offer, the User shall not:

• use multiple Accounts to obtain the same Promotional Offer more than once;
• transfer promotional codes or other promotional benefits to persons who are not eligible to use them;
• use technical means, software, or automated tools to circumvent promotional restrictions;
• otherwise abuse or misuse any Promotional Offer.

Right to Modify or Discontinue Promotional Offers

The Service Operator reserves the right, at any time, to modify, suspend, or discontinue any Promotional Offer, provided that such action does not adversely affect rights already acquired by the User or where otherwise required by Applicable Law.

Cancellation of Promotional Offers for Violations

The Service Operator may revoke a Promotional Offer or terminate access thereto where there are reasonable grounds to believe that the User has:

• violated these Terms;
• provided false or misleading information;
• engaged in fraudulent activity;
• circumvented technical restrictions;
• used multiple Accounts to obtain an unfair or unauthorized benefit;
• otherwise abused the terms of a Promotional Offer.

Any such actions shall be taken in accordance with Applicable Law.

No Cash Value

Free trial periods, promotional codes, bonuses, gift access, digital credits (if introduced), and any other Promotional Offers have no cash value and may not be redeemed, exchanged, or converted into money unless otherwise required by Applicable Law or expressly stated in the applicable Promotional Offer.

Territorial Restrictions

Certain Promotional Offers may be available only:

• in specific countries or regions;
• to particular categories of Users;
• on designated platforms;
• during specified promotional periods;
• subject to additional eligibility criteria established by the Service Operator.

Future Marketing Programs

The Service Operator may introduce additional marketing initiatives, including loyalty programs, referral programs, bonus systems, gift certificates, digital rewards, or other promotional incentives for Users.

The terms governing participation in such programs shall be communicated to the User before they become available and may be governed by separate rules, which shall form an integral part of these Terms.

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X. SUBSCRIPTION CANCELLATION AND RENEWAL

General Provisions

The User may cancel the automatic renewal of their Subscription Plan at any time in accordance with the rules of the applicable Application Marketplace, Payment Provider, or the functionality available within the Service.

Cancellation of a Subscription does not deprive the User of the right to access the applicable Premium Features until the end of the already paid subscription period, unless otherwise required by Applicable Law or the terms of the relevant Subscription Plan.

Automatic Renewal

Unless otherwise specified at the time of purchase, Subscription Plans may automatically renew for successive subscription periods of the same duration upon expiration of the current subscription term.

Automatic renewal shall be processed in accordance with the rules of the applicable Application Marketplace or Payment Provider.

Where required, the User will be informed prior to subscribing that automatic renewal applies to the selected Subscription Plan.

Cancellation Procedure

If the Subscription was purchased through:

• Apple App Store — cancellation must be completed through the User's Apple ID account settings;
• Google Play — cancellation must be completed through the User's Google Play account;
• another payment service — cancellation shall be completed in accordance with the rules of that service or the functionality provided within the Service.

The Service Operator has no technical ability to cancel Subscriptions purchased through an independent Application Marketplace or Payment Provider unless such functionality is expressly made available by the relevant platform.

Effective Date of Cancellation

Cancellation of automatic renewal becomes effective upon expiration of the current paid subscription period.

Unless otherwise required by Applicable Law, cancellation does not result in early termination of access to Premium Features that have already been paid for.

Reactivation of a Subscription

The User may subscribe again at any time, provided that the applicable Subscription Plan remains available.

Any renewed Subscription shall be governed by the pricing and terms in effect at the time of the new purchase.

Discontinuation of Subscription Plans

If the Service Operator discontinues a particular Subscription Plan, the User shall retain access to the subscribed Premium Features for the remainder of the paid subscription period unless otherwise required by Applicable Law.

Upon expiration of that period, the User may be offered another available Subscription Plan.

Suspension or Termination Due to Violations

The Service Operator may suspend or terminate access to Premium Features where the User materially breaches these Terms, including, without limitation, in cases involving:

• fraudulent activities;
• unauthorized use of payment instruments;
• circumvention of technical restrictions;
• unauthorized access to the Service;
• unlawful use of the Service;
• any other material violation of these Terms.

Any such measures shall be proportionate to the nature of the violation and implemented in accordance with Applicable Law.

Refunds Following Cancellation

Cancellation of automatic renewal does not, by itself, entitle the User to a refund for any subscription period that has already been paid.

Refunds, where applicable, shall be governed by the Payments section of these Terms, the policies of the applicable Application Marketplace or Payment Provider, and Applicable Law.

Account Deletion

Deletion of an Account does not automatically cancel an active Subscription purchased through the Apple App Store, Google Play, or any other third-party Payment Provider.

The User remains solely responsible for cancelling such Subscription in accordance with the rules of the applicable platform.

Temporary Suspension of a Subscription

If such functionality becomes available within the Service, the Service Operator may permit temporary suspension of certain Subscription Plans.

The conditions, duration, and consequences of such suspension shall be governed by separate rules published within the Service.

Changes to Automatic Renewal

The Service Operator may modify the automatic renewal process, payment methods, or subscription management mechanisms where such changes are required due to:

• changes in Applicable Law;
• requirements imposed by Application Marketplaces;
• requirements imposed by Payment Providers;
• further development of the Service.

Such changes shall not adversely affect rights already acquired by the User and shall be implemented in accordance with Applicable Law.

Consumer Rights

Nothing in this Section limits or excludes any mandatory consumer rights granted to the User under the laws of the User's habitual place of residence or any other applicable consumer protection legislation.

If any provision of these Terms conflicts with mandatory provisions of such legislation, the applicable mandatory legal provisions shall prevail to the extent of that conflict.

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XI. ACCEPTABLE USE POLICY

General Principles

The User agrees to use the Service in good faith, responsibly, and solely in accordance with these Terms of Use, applicable law, and generally accepted standards of responsible conduct in the digital environment.

The use of the Service must not infringe the rights of the Operator, other Users, or any third parties.

Prohibited Activities

When using the Service, the User shall not:

• violate applicable law;
• use the Service for any unlawful activity;
• engage in fraudulent conduct;
• provide false or misleading information;
• impersonate another person;
• use another person's Account without proper authorization;
• infringe intellectual property rights;
• interfere with the operation of the Service;
• create excessive load on the Service infrastructure;
• use automated tools (including bots, scripts, crawlers, scrapers, or similar technologies), unless expressly authorized by the Operator;
• circumvent technical restrictions or security measures;
• attempt to gain unauthorized access to the Service or its infrastructure;
• use the Service to distribute malicious software;
• engage in any activity that may compromise the stability, security, or availability of the Service.

Prohibited Content

The User shall not upload, create, submit, transmit, or otherwise distribute through the Service any Content that:

• is unlawful;
• infringes intellectual property rights;
• contains defamatory or false statements;
• promotes hatred or discrimination;
• contains threats or incitement to violence;
• violates the privacy rights of others;
• contains malicious code;
• is used for fraudulent purposes; or
• otherwise violates applicable law or these Terms of Use.

Reverse Engineering Prohibition

Unless expressly permitted by applicable law or with the Operator's prior written consent, the User shall not:

• decompile;
• disassemble;
• reverse engineer;
• modify;
• copy;
• create derivative works based on the Service; or
• attempt to obtain the source code of the Service or any of its components.

Automated Access

The use of robots, crawlers, scrapers, automated agents, or other automated means to collect information from the Service is permitted only with the Operator's prior written consent or where expressly authorized by the official documentation or API.

Commercial Use of the Service

Unless expressly authorized by the Operator, the User shall not:

• resell access to the Service;
• incorporate the Service into the User's own commercial product; or
• commercially exploit the Service in any other manner.

Compliance Monitoring

To ensure the security of the Service, prevent fraud, and comply with applicable legal requirements, the Operator may conduct automated or manual monitoring of the use of the Service to the extent necessary to achieve these purposes and in accordance with the Privacy Policy.

Such monitoring is not carried out for the purpose of arbitrary interference with the User's private life.

Consequences of Violations

In the event of a violation of these Terms of Use, the Operator may, depending on the nature and severity of the violation:

• issue a warning;
• temporarily restrict access to certain features;
• suspend access to the User's Account;
• terminate the User's Subscription;
• permanently disable the User's Account; or
• notify the competent authorities where required by applicable law.

When applying such measures, the Operator shall act in good faith, proportionately, and in compliance with applicable law.

Reporting Violations

The User may report violations of these Terms of Use, unauthorized use of the Service, or other issues through the contact details provided within the Service.

The Operator will review such reports within a reasonable period of time but does not guarantee that any specific action will be taken in response to every report unless required by applicable law.

Principle of Proportionality

Any measures taken by the Operator in connection with violations of these Terms of Use shall be proportionate to the nature of the violation and aimed at protecting the Service, other Users, and the legitimate interests of the Operator.

Nothing in this Section limits or excludes any rights granted to the User under mandatory provisions of applicable law.

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XII. INTELLECTUAL PROPERTY

Ownership

All intellectual property rights in and to the Service, including its software, source code, object code, architecture, algorithms, user interface (UI), user experience (UX), design, structure, functional solutions, databases, texts, graphics, images, videos, audio materials, documentation, AI features, AI models, prompts, digital content, trademarks, trade names, domain names, and any other intellectual property objects are owned by the Operator or are used by the Operator under lawful authorization.

Nothing in these Terms of Use shall be construed as transferring any intellectual property rights to the User.

Limited License

Subject to the User's compliance with these Terms of Use, the Operator grants the User a revocable, non-exclusive, non-transferable, limited license to access and use the Service solely for personal, non-commercial purposes.

This license remains effective only for the duration of the User's lawful use of the Service and automatically terminates upon termination of the User's access to the Service.

Trademarks

The name FitQuill, its logo, trade dress, trade names, slogans, branding elements, and other distinctive identifiers are or may be protected by intellectual property laws.

The use of any such trademarks or branding elements without the Operator's prior written consent is prohibited, except where expressly permitted under applicable law.

Copyright

All texts, articles, recommendations, graphic materials, illustrations, photographs, videos, musical works, software code, documentation, AI-generated responses created as original works of authorship by the Operator, and any other Content available through the Service are protected by applicable copyright and related rights laws.

Prohibited Uses

Without the Operator's prior written consent, the User shall not:

• copy the Service or any part thereof;
• modify the software;
• distribute any Content;
• publicly display or publicly perform any Content;
• sell or resell access to the Service;
• create derivative works based on the Service;
• use FitQuill's branding or design elements in the User's own products or services;
• use any Content to train artificial intelligence models or other automated systems without the Operator's prior written permission; or
• otherwise use any intellectual property in violation of these Terms of Use or applicable law.

Reverse Engineering

Unless expressly permitted by mandatory provisions of applicable law, the User shall not:

• decompile;
• disassemble;
• reverse engineer;
• attempt to obtain the source code; or
• analyze or study the internal architecture of the Service for the purpose of creating a competing or substantially similar product.

Third-Party Content

Certain elements of the Service may be owned by third parties or licensed to the Operator.

All intellectual property rights in such third-party Content remain vested in their respective rights holders.

Intellectual Property Infringement Notices

Any person who believes that their intellectual property rights are being infringed through the operation of the Service or any Content may submit a notice to the Operator.

Such notice should include sufficient information to identify the protected work or other intellectual property, describe the alleged infringement, and provide the complainant's contact details.

The Operator will review such notices within a reasonable period in accordance with applicable law.

Improvements and Feedback

If the User voluntarily provides the Operator with suggestions, recommendations, ideas, comments, or other feedback regarding the improvement of the Service ("Feedback"), the Operator may use such Feedback free of charge for the development, enhancement, maintenance, and improvement of the Service without any obligation to compensate the User.

Ownership of the User's original materials shall not transfer to the Operator unless otherwise expressly agreed between the parties.

No Transfer of Rights

The User's use of the Service, purchase of a Subscription, or access to Premium Features does not grant the User any ownership or other intellectual property rights in or to the Service or any of its components.

Future Registration of Intellectual Property

The Operator may, at any time, apply for or obtain registration of trademarks, copyrights, domain names, industrial designs, patents, or other intellectual property rights in any jurisdiction or through any national or international authority.

Such registrations shall not affect the rights or obligations of the User under these Terms of Use.

Reservation of Rights

All intellectual property rights not expressly granted to the User under these Terms of Use are reserved by the Operator and, where applicable, by the respective intellectual property rights holders.

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XIII. USER CONTENT

Ownership of User Content

Any content that the User creates, uploads, publishes, submits, stores, or otherwise makes available through the Service (the "User Content") remains the property of the User or the applicable rights holder.

License Granted to the Operator

To enable the proper operation of the Service, the User grants the Operator a non-exclusive, royalty-free, revocable (to the extent technically feasible and permitted by applicable law), worldwide license to:

• store;
• reproduce;
• process;
• adapt;
• format;
• transmit;
• make technical copies of; and
• display the User Content, solely to the extent necessary for:
• operating the Service;
• fulfilling the User's requests;
• maintaining backups;
• ensuring information security;
• providing technical support; and
• improving the functionality of the Service where permitted under the Privacy Policy and applicable law.

User Representations and Warranties

The User represents and warrants that:

• they possess all necessary rights to the User Content;
• the User Content does not infringe the rights of any third party;
• the User Content complies with applicable law;
• the User Content does not contain malicious software; and
• the User Content is not used for unlawful purposes.

Prohibited Content

The User may not upload or distribute User Content that:

• is unlawful;
• infringes intellectual property rights;
• contains defamatory, threatening, or discriminatory statements;
• promotes violence or illegal activities;
• violates the privacy rights of others;
• contains malicious code; or
• otherwise violates these Terms of Use or applicable law.

Removal of Content

The Operator may remove, restrict access to, or otherwise disable User Content where there are reasonable grounds to believe that such content:

• violates these Terms of Use;
• is unlawful;
• poses a threat to the security of the Service;
• infringes the rights of third parties; or
• must be removed under applicable law.

Such measures shall be applied proportionately and, where reasonably possible, with prior notice to the User unless immediate action is required by law or for security reasons.

Responsibility for User Content

The User is solely responsible for any User Content that they create, upload, or otherwise use through the Service.

The Operator does not pre-screen all User Content and does not guarantee its accuracy, completeness, or legality.

Account Deletion

Following deletion of the User Account, User Content may be deleted or anonymized within the timeframes and in the manner specified in the Privacy Policy, unless applicable law requires its retention or such retention is necessary to comply with the Operator's legal obligations.

Public Content

Where the Service allows the publication of content accessible to others (such as reviews, comments, ratings, or similar public materials), the User acknowledges that such content may become available to other users or to the public.

The User is solely responsible for determining what information they choose to make publicly available.

Aggregated and Anonymized Data

The Operator may use aggregated, statistical, and properly anonymized data generated through use of the Service for purposes including:

• analyzing Service performance;
• improving functionality;
• conducting research;
• producing statistical reports; and
• developing new features.

Personal Data

Where User Content contains personal data, such data shall be processed in accordance with the Privacy Policy and applicable data protection laws, including, where applicable, the GDPR, the UK GDPR, and other applicable legislation.

Balance of Rights

Nothing in this Section limits the User's rights in their own User Content or grants the Operator broader rights than are reasonably necessary to operate the Service, perform its contractual obligations to the User, or comply with applicable law.

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XIV. THIRD-PARTY SERVICES

Use of Third-Party Services

The Service may utilize products, software, platforms, APIs, cloud services, analytics tools, payment systems, artificial intelligence services, and other technologies provided by third parties (collectively, "Third-Party Services").

Such Third-Party Services may be necessary to enable certain features, improve performance, maintain security, or ensure the availability of the Service.

Independence of Third Parties

Third-Party Services are owned and operated by their respective third-party providers.

Unless otherwise expressly provided under an agreement between the Operator and the relevant provider, the Operator does not control their operations, policies, terms of use, availability, security, or data processing practices.

Third-Party Terms

When using Third-Party Services, the User may also be subject to the applicable terms of service, privacy policies, license agreements, or other legal documents of the respective providers.

The Operator recommends that the User review such documents before using the relevant functionality.

Payment Services

Payments for Subscriptions, digital products, or other paid features may be processed by independent payment service providers or App Stores.

The rights and obligations relating to payment processing are also governed by the applicable terms of those providers.

Links to Third-Party Websites and Resources

The Service may contain links to third-party websites, applications, or other information resources.

The inclusion of any such link does not constitute the Operator's endorsement, approval, or recommendation of the relevant resource.

The Operator is not responsible for the content, security, availability, or operation of such third-party resources.

Availability of Third-Party Services

The Operator does not guarantee the uninterrupted availability of any Third-Party Service.

If a Third-Party Service is discontinued, modified, or restricted, certain features of FitQuill may become temporarily unavailable or may operate differently.

The Operator will use reasonable efforts to minimize the impact of such changes.

Change of Providers

The Operator may replace one Third-Party Service provider with another or implement alternative technological solutions at any time where necessary for the development of the Service, security purposes, legal compliance, or functional improvements.

Such changes do not require the User's separate consent unless otherwise required by applicable law.

Data Processing by Third-Party Providers

Where providing certain Service features requires the transfer of data to a Third-Party Service, such transfer shall be carried out in accordance with the Privacy Policy, applicable agreements, and applicable data protection laws.

The Operator uses reasonable efforts to engage providers that maintain an appropriate level of information security.

No Partnership

Unless expressly stated otherwise by the Operator, the use of any Third-Party Service does not create any partnership, agency, joint venture, or other similar legal relationship between the Operator and the relevant provider beyond the ordinary use of such technologies.

Future Integrations

The Operator may introduce additional integrations with Third-Party Services, including artificial intelligence services, payment solutions, cloud platforms, health monitoring devices, fitness trackers, wearable devices, data synchronization services, and other technologies.

Any such integrations shall be implemented in accordance with these Terms of Use, the Privacy Policy, and applicable law.

App Stores and Third-Party Platforms

Apple Inc., Google LLC, and the operators of other App Stores through which the Service is distributed are not parties to these Terms of Use between the Operator and the User and are not responsible for the Operator's performance of its contractual obligations toward the User, except where otherwise required by applicable law or the mandatory terms of the relevant platform.

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XV. DISCLAIMER OF WARRANTIES

Provision of the Service

The Service is provided to the User on an "as is" and "as available" basis, taking into account its current functionality, technical capabilities, and ongoing development.

The Operator uses reasonable efforts to ensure the proper operation of the Service but does not warrant that the Service will be uninterrupted, error-free, or meet the expectations of every User.

No Warranty of Continuous Availability

The Operator does not warrant that:

• the Service will operate without interruption;
• the operation of the Service will be uninterrupted at all times;
• all technical errors will be corrected immediately;
• the Service will be available at all times or in every country; or
• all features will remain unchanged throughout the entire period of use.

Maintenance, updates, upgrades, or circumstances beyond the Operator's reasonable control may temporarily affect the availability of certain features.

No Guarantee of Results

The Operator does not warrant that use of the Service will result in:

• achieving the User's personal goals;
• improvement of physical condition;
• lifestyle changes;
• enhanced athletic performance;
• weight loss or weight gain; or
• any other specific outcome.

Results obtained through the use of the Service depend on the User's individual circumstances, the accuracy of the information provided, consistency of use, and other factors beyond the Operator's control.

Third-Party Data

Where the Service relies on information obtained from third-party services, devices, or other external sources, the Operator does not warrant the accuracy, completeness, timeliness, or continuous availability of such information.

Compatibility

The Operator does not warrant that the Service will be compatible with every device, operating system, browser, network, or software environment unless such compatibility is expressly stated in the applicable technical requirements.

Informational Nature of Content

All materials, recommendations, articles, AI-generated responses, reference materials, and other Content available through the Service are provided solely for informational and educational purposes.

Nothing contained in the Service constitutes professional medical, legal, financial, or other professional advice.

No Guarantee of Absolute Security

The Operator implements reasonable technical and organizational measures to maintain the security of the Service and protect information.

However, no information system can guarantee absolute protection against all cyber threats, unauthorized access, security breaches, or technical failures.

Changes to the Service

The Operator may modify, update, improve, suspend, or discontinue any part of the Service or its features in light of product development, technical requirements, legal obligations, or security considerations.

Any such changes shall be implemented in good faith and in accordance with applicable law.

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XVI. LIMITATION OF LIABILITY

General Provisions

The Operator shall be liable to the User only to the extent and in the circumstances provided for under these Terms of Use and applicable law.

Any limitation of liability set forth in these Terms shall apply only to the extent permitted by mandatory provisions of applicable law.

Responsibility for Use of the Service

The User is solely responsible for deciding whether and how to use the Service, its features, recommendations, AI-generated responses, and other Content.

Unless otherwise required by applicable law, the Operator shall not be liable for any decisions or actions taken by the User based on information obtained through the Service.

Loss of Data

The Operator uses reasonable efforts to preserve User information.

However, the Operator shall not be liable for any loss of data resulting from:

• the User's own acts or omissions;
• the operation of Third-Party Services;
• technical failures beyond the Operator's reasonable control;
• force majeure events; or
• any other circumstances for which the Operator is not responsible under applicable law.

Temporary Unavailability of the Service

The Operator shall not be liable for any temporary unavailability of the Service resulting from:

• maintenance activities;
• software updates;
• actions of third parties;
• Internet connectivity failures;
• failures of App Stores, cloud infrastructure, or other Third-Party Services; or
• circumstances that the Operator could not reasonably foresee or control.

Third-Party Services

The Operator shall not be liable for the acts, omissions, operations, security, policies, or decisions of providers of Third-Party Services unless otherwise required by applicable law.

Indirect Damages

To the fullest extent permitted by applicable law, the Operator shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including:

• loss of profits;
• loss of revenue;
• loss of goodwill;
• loss of data;
• loss of business opportunities;
• business interruption; or
• any other indirect economic loss, unless otherwise required by mandatory provisions of applicable law.

Maximum Liability

Where liability may be limited under applicable law, the Operator's aggregate liability to the User for all claims arising out of or relating to the Service shall not exceed the greater of:

• the total amount actually paid by the User to the Operator for use of the Service during the twelve (12) months preceding the event giving rise to the claim; or
• USD 100 (one hundred United States dollars) or the equivalent amount in the currency in which payment was made.

Duty to Mitigate

The User agrees to take reasonable steps to mitigate any damages that may arise in connection with the use of the Service.

Acts of Third Parties

The Operator shall not be liable for the acts or omissions of other users, service providers, device manufacturers, telecommunications operators, payment service providers, App Stores, or any other third parties, unless otherwise required by applicable law.

Force Majeure

The Operator shall not be liable for any total or partial failure to perform its obligations where such failure results from force majeure events, including, without limitation:

• natural disasters;
• fires;
• war;
• acts of terrorism;
• large-scale cyberattacks;
• actions of governmental authorities;
• power outages;
• epidemics or pandemics; or
• any other extraordinary and unavoidable circumstances beyond the Operator's reasonable control.

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XVII. INDEMNIFICATION

General Provision

To the extent permitted by applicable law, the User agrees to indemnify the Operator for documented losses, expenses, reasonable legal costs, and other mandatory payments incurred directly as a result of:

• the User's material breach of these Terms of Use;
• unlawful use of the Service;
• infringement of the rights of third parties;
• use of the Service for unlawful purposes.

Such indemnification shall apply only where there is a direct causal relationship between the User's actions and the respective losses.

Intellectual Property Infringement

If the User's actions result in justified claims or legal proceedings against the Operator concerning infringement of third-party intellectual property rights, the User shall be responsible for the consequences of such actions to the extent provided by applicable law.

Unlawful Content

The User is solely responsible for the Content they create, upload, publish, or otherwise make available through the Service.

If such Content causes documented losses to the Operator or results in the Operator being held liable, the User shall indemnify the Operator for such losses to the extent permitted by applicable law.

Violation of Law

The User is responsible for using the Service in compliance with applicable law.

The Operator shall not be liable for the consequences of the User's unlawful actions.

Duty to Notify

If the Operator receives a claim or legal action that may relate to the User's conduct, the Operator may notify the User of such claim and, where not prohibited by law, provide the User with an opportunity to present their position or voluntarily resolve the dispute.

Proportionality

Any indemnification under this Section shall be proportionate to the nature of the breach, the actual amount of documented losses, and all other relevant circumstances of the particular case.

Cooperation Between the Parties

In the event of third-party claims, the Parties agree to cooperate in good faith to establish the relevant facts and, where reasonably possible, seek an amicable resolution of the dispute.

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XVIII. TERMINATION

User's Right to Stop Using the Service

The User may stop using the Service at any time and, where such functionality is available, delete their Account.

Termination of the User's use of the Service does not release the User from any obligations that arose before such termination, including payment for Services already provided or the performance of any other obligations under these Terms of Use.

Operator's Right to Suspend Access

The Operator may temporarily suspend the User's access to the Service, in whole or in part, where there are reasonable grounds to believe that the User:

• has materially breached these Terms of Use;
• is using the Service in violation of applicable law;
• has engaged in fraudulent activity;
• has infringed the rights of other users or third parties;
• poses a threat to the security of the Service; or
• attempts to obtain unauthorized access to the Service or its infrastructure.

Where reasonably possible and unless prohibited by law or the need for immediate action, the Operator will inform the User of the reasons for such suspension.

Permanent Termination of Access

The Operator may permanently terminate the User's access to the Service in the event of:

• repeated or material violations of these Terms of Use;
• use of the Service for unlawful purposes;
• failure to remedy a breach after receiving notice, where such notice was reasonably possible and appropriate; or
• any other circumstances expressly provided for in these Terms or under applicable law.

Discontinuation of the Service

The Operator may discontinue the Service, individual features, or certain Subscription Plans, in whole or in part, due to:

• product development;
• changes in the business model;
• technical necessity;
• legal or regulatory requirements;
• decisions of competent authorities; or
• other reasonable grounds.

Where reasonably possible, the Operator will provide advance notice of such changes.

Effects of Termination

Upon termination of access:

• the User's right to use the Service shall immediately cease;
• the license granted under these Terms of Use shall terminate;
• certain data may be deleted or anonymized in accordance with the Privacy Policy; and
• any provisions that by their nature are intended to survive termination shall remain in effect.

Refunds

Termination of access does not automatically entitle the User to a refund for Services already paid for.

Refunds, where applicable, shall be governed by these Terms of Use, the Refund Policy (if any), the policies of the applicable App Store or Payment Service Provider, and applicable law.

Account Deletion

Upon the User's request, the Operator shall delete or anonymize the User's Account and the associated personal data in accordance with the Privacy Policy and applicable data protection laws.

The Operator may retain certain information after Account deletion only where and for as long as required to comply with legal obligations, resolve disputes, prevent fraud, or protect the Operator's legitimate interests.

No Waiver of Rights

The Operator's failure to exercise or enforce any right under these Terms of Use shall not constitute a waiver of that right or prevent its future enforcement.

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XIX. GOVERNING LAW AND DISPUTE RESOLUTION

General Principles

The Operator seeks to resolve any questions, claims, or disputes arising out of or relating to the use of the Service through good-faith negotiations and mutual cooperation.

Users are to contact the Operator using the contact details provided within the Service before initiating any court proceedings or other formal dispute resolution process.

Amicable Settlement

In the event of a dispute, each Party shall make reasonable efforts to resolve it amicably.

A Party asserting a claim is to send the other Party a written notice describing the nature of the dispute and the relief sought.

Unless otherwise required by applicable law, the Parties shall endeavor to resolve the dispute within thirty (30) calendar days after receipt of such notice.

Governing Law

These Terms of Use are governed by the laws of Ukraine. Where the User is a consumer, this choice of law does not deprive the User of the protection afforded by the mandatory provisions of the law of the country of the User's habitual residence.

Jurisdiction

If a dispute cannot be resolved through negotiations, it shall be submitted to the competent courts having jurisdiction over the Operator's registered place of business, unless mandatory provisions of applicable law provide otherwise.

International Disputes

Where the Service is used outside the country in which the Operator is registered, the Parties agree that disputes shall be resolved in accordance with this Section, subject to the mandatory provisions of private international law and any applicable legislation.

Waiver of Class Actions

To the extent permitted by applicable law, the Parties agree that all claims shall be brought solely on an individual basis.

Limitation Periods

Where applicable law permits contractual limitation periods, any claim arising out of or relating to the use of the Service shall be brought within the period prescribed by such law.

Where contractual limitation periods are not permitted, the statutory limitation periods established by applicable law shall apply.

Language of Proceedings

Unless otherwise required by applicable law or agreed by the Parties, the language of communications relating to a dispute shall be English.

If the dispute is brought before a competent court, the procedural language shall be the language determined by that court.

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XX. MISCELLANEOUS

Entire Agreement

These Terms of Use, together with the Privacy Policy and any other documents expressly incorporated by reference into these Terms, constitute the entire agreement between the Operator and the User regarding the use of the Service and supersede all prior agreements, representations, communications, or understandings relating to the subject matter hereof.

Amendments to the Terms of Use

The Operator may periodically amend or update these Terms of Use to reflect:

• the development of the Service;
• changes to its functionality;
• changes in applicable law;
• requirements imposed by competent authorities; or
• the need to improve security or protect Users' rights.

Where material changes are made, the Operator will take reasonable steps to notify Users through the Service or by other appropriate means.

Continued use of the Service after such amendments become effective constitutes acceptance of the updated Terms of Use, unless otherwise required by applicable law.

Severability

If any provision of these Terms of Use is held to be invalid, unlawful, or unenforceable, such provision shall not affect the validity or enforceability of the remaining provisions.

The invalid provision shall, to the greatest extent permitted by applicable law, be replaced with a valid provision that most closely reflects its original intent.

No Waiver

No failure or delay by the Operator in exercising any right, power, or remedy under these Terms of Use or applicable law shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof.

Assignment

The Operator may assign or transfer its rights and obligations under these Terms of Use, in whole or in part, in connection with:

• a corporate reorganization;
• a merger;
• an acquisition;
• a sale of assets;
• investment transactions;
• a transfer of the Service to another legal entity; or
• any other corporate restructuring.

Any such transfer shall not unreasonably reduce the level of protection afforded to the User.

The User may not assign or transfer any rights or obligations under these Terms of Use without the Operator's prior written consent, unless otherwise required by applicable law.

Electronic Agreement

The User acknowledges and agrees that accepting these Terms of Use by clicking an acceptance button, checking a checkbox, creating an Account, or otherwise using the Service constitutes a legally binding electronic agreement under applicable law.

Language of the Terms

These Terms of Use may be made available in multiple languages.

In the event of any inconsistency between language versions, the English version shall prevail unless otherwise required by applicable law.

Survival

Any provisions of these Terms of Use which by their nature are intended to survive termination of the User's access to or use of the Service shall remain in full force and effect, including, without limitation, provisions relating to:

• intellectual property;
• confidentiality;
• personal data protection;
• limitation of liability;
• indemnification;
• dispute resolution; and
• any other provisions that by their nature are intended to survive.

General Reservation

Nothing in these Terms of Use shall be interpreted as limiting the User's rights or the Operator's obligations to the extent such rights or obligations are established by mandatory provisions of applicable law.

Contact Information

The User may contact the Operator regarding these Terms of Use, the operation of the Service, or legal matters using the following contact details: support@fitquill.com