ApexForm Terms of Service

Last Updated: December 19, 2024

Please read these Terms of Service ("Terms") carefully before using ApexForm ("Service", "Platform", "App") operated by ApexForm ("we", "us", "our").

1. Acceptance of Terms

By accessing or using ApexForm, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Description of Service

ApexForm is an evidence-based fitness training platform that provides:

  • Personalized workout programs and exercise recommendations
  • Progress tracking and analytics
  • AI-powered fitness plan integration
  • Professional coaching tools and client management
  • Scientific validation of exercise content

3. User Accounts

Account Creation:

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the security of your account
  • You must be at least 13 years old to use the Service
  • Users under 18 should have parental consent

Account Responsibilities:

  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use
  • You may not share your account credentials with others
  • We reserve the right to suspend or terminate accounts that violate these Terms

4. Acceptable Use

You agree NOT to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers
  • Transmit any viruses, malware, or harmful code
  • Use automated systems to access the Service without permission
  • Copy, modify, or distribute any content from the Service without authorization
  • Impersonate any person or entity or misrepresent your affiliation
  • Harass, abuse, or harm other users

5. Medical Disclaimer and Liability Waiver

IMPORTANT - READ CAREFULLY:

Not Medical Advice:

  • ApexForm is NOT intended as medical advice, diagnosis, or treatment
  • The Service provides fitness guidance and exercise programming only
  • Always consult with a healthcare provider before starting any exercise program
  • Stop exercising immediately if you experience pain, dizziness, or discomfort

Inherent Risks:

  • Physical exercise involves inherent risks of injury
  • You acknowledge and accept these risks when using the Service
  • You are responsible for exercising within your physical capabilities
  • We are not responsible for injuries resulting from use of the Service

Liability Limitation:

  • To the maximum extent permitted by law, ApexForm and its affiliates are not liable for any injuries, damages, or losses resulting from use of the Service
  • This includes but is not limited to: personal injury, property damage, lost profits, or data loss
  • Our total liability is limited to the amount you paid for the Service in the past 12 months

Health Conditions:

  • If you have any medical conditions, consult your healthcare provider before using the Service
  • Do not use the Service if you have been advised against exercise by a medical professional
  • Inform your healthcare provider about your exercise program

6. Intellectual Property

Our Content:

  • All content on ApexForm, including exercises, programs, text, graphics, and software, is owned by ApexForm or its licensors
  • Content is protected by copyright, trademark, and other intellectual property laws
  • You may not reproduce, distribute, or create derivative works without permission

Your Content:

  • You retain ownership of any content you submit to the Service
  • By submitting content, you grant us a license to use, modify, and display it to provide the Service
  • You represent that you have the right to grant this license

User-Generated Content:

  • You are solely responsible for any content you post or share
  • We reserve the right to remove content that violates these Terms
  • We are not responsible for user-generated content accuracy or safety

7. Subscription and Payment

Subscription Terms:

  • Some features may require a paid subscription
  • Subscription fees are billed in advance on a recurring basis
  • Prices are subject to change with 30 days notice

Payment:

  • You agree to provide accurate payment information
  • Payment processing is handled by secure third-party providers
  • We do not store your complete payment card information

Cancellation:

  • You may cancel your subscription at any time
  • Cancellation takes effect at the end of your current billing period
  • No refunds are provided for partial billing periods

Refunds:

  • Refund policies are determined on a case-by-case basis
  • Contact support@apexform.fit for refund requests

8. Service Availability

Uptime:

  • We strive for 99.5% uptime but do not guarantee uninterrupted service
  • The Service may be unavailable due to maintenance, updates, or technical issues
  • We are not liable for any losses due to Service unavailability

Modifications:

  • We reserve the right to modify, suspend, or discontinue the Service at any time
  • We will provide reasonable notice of significant changes when possible
  • Continued use after changes constitutes acceptance

9. Third-Party Services

Integrations:

  • ApexForm may integrate with third-party services (e.g., Apple Health, Google Fit)
  • These services have their own terms and privacy policies
  • We are not responsible for third-party service availability or functionality

Links:

  • The Service may contain links to third-party websites
  • We are not responsible for the content or practices of third-party sites
  • Your use of third-party services is at your own risk

10. Privacy

Data Collection:

  • Your use of the Service is also governed by our Privacy Policy
  • Please review our Privacy Policy to understand how we collect and use your data
  • By using the Service, you consent to our data practices as described in the Privacy Policy

11. Termination

By You:

  • You may stop using the Service at any time
  • You may delete your account through account settings
  • Account deletion is permanent and cannot be undone

By Us:

  • We may suspend or terminate your account if you violate these Terms
  • We may terminate accounts that are inactive for extended periods
  • We reserve the right to refuse service to anyone

Effect of Termination:

  • Upon termination, your right to use the Service immediately ceases
  • We may delete your account and associated data
  • Some data may be retained as required by law or for legitimate business purposes

12. Disclaimers

Service "As Is":

  • The Service is provided "as is" and "as available" without warranties of any kind
  • We do not guarantee that the Service will meet your requirements or be error-free
  • We disclaim all warranties, express or implied, including fitness for a particular purpose

Exercise Recommendations:

  • Exercise recommendations are based on general fitness principles
  • Individual results may vary based on numerous factors
  • We do not guarantee specific fitness outcomes

13. Indemnification

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

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Content you submit or transmit through the Service

14. Dispute Resolution

Governing Law:

  • These Terms are governed by the laws of [Jurisdiction to be specified]
  • Any disputes will be resolved in the courts of [Jurisdiction to be specified]

Informal Resolution:

  • We encourage you to contact us first to resolve any disputes
  • Contact support@apexform.fit for dispute resolution

Class Action Waiver:

  • You agree to resolve disputes individually, not as part of a class action

15. Changes to Terms

Updates:

  • We may update these Terms from time to time
  • Material changes will be notified through the Service or email
  • Continued use after changes constitutes acceptance
  • If you disagree with changes, you must stop using the Service

Notification:

  • We will provide 30 days notice for significant changes
  • The "Last Updated" date at the top indicates when Terms were last revised

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ApexForm regarding the Service and supersede all prior agreements and understandings.

18. Contact Information

General Inquiries:

Email: support@apexform.fit

Legal Matters:

Email: legal@apexform.fit

Mailing Address:

ApexForm Legal Department
[Address to be updated]

If you have any questions about these Terms, please contact us.

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