Terms and Conditions

Welcome to Workouch ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Workouch mobile application ("App" or "Service"), an AI-powered fitness application that helps you create, manage, and track your workouts.

By downloading, installing, accessing, or using our App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our App.

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our App. It is your responsibility to check our App periodically for changes. Your continued use of or access to our App following the posting of any changes constitutes acceptance of those changes.

Workouch is a fitness application that provides:
• Workout Creation and Management: Create, edit, save, and organize custom workout routines
• Exercise Library: Access to an extensive database of exercises with instructions, GIF demonstrations, and exercise details
• AI-Powered Workout Generation: Generate personalized workouts using artificial intelligence based on your preferences and profile
• Health Metrics Tracking: Calculate and track BMI, TDEE (Total Daily Energy Expenditure), and estimated daily calories
• Workout Execution: Guided workout sessions with timers, progress tracking, and exercise demonstrations
• Cloud Synchronization: Sync your workouts and data across multiple devices
• Profile Management: Store and manage your personal fitness profile information

3.1 Age Requirements
You must be at least 13 years of age (or 16 years of age in the European Union) to use our App. If you are under 18, you represent that you have your parent's or guardian's permission to use the App. By using the App, you represent and warrant that you meet the age requirements and have the legal capacity to enter into these Terms.

3.2 Account Requirements
To use certain features of the App, you must create an account. You agree to:
• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate, current, and complete
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4.1 Subscription Tiers
Workouch offers the following subscription plans:

Basic Plan (Free)
• Price: Free
• Features:
- Manual workout creation
- Exercise database access
- Workout execution with timer
- Rest timer functionality
- Profile management
- BMI and TDEE calculation
- Workout history tracking

Pro Monthly Plan
• Price: $5.99 USD per month
• Features: All Basic Plan features, plus:
- AI-powered workout generation
- "The Shuffle" mode (custom preferences)
- "The Neat" mode (duration-based customization)
- Workout goals selection
- Intensity customization
- Target body parts selection
- Equipment-based filtering
- Injuries/Limitations consideration

Pro Yearly Plan
• Price: $49.99 USD per year (approximately $4.17 USD per month)
• Features: All Pro Monthly features
• Savings: Save 33% compared to monthly billing

Pro Lifetime Plan
• Price: $149.99 USD (one-time payment)
• Features: All Pro features
• Duration: Lifetime access to all current and future Pro features

4.2 Pricing and Payment Terms
• All prices are displayed in USD and may vary in other currencies based on your location and the app store you use
• Prices are subject to change at any time, but changes will not affect active subscriptions
• Payment will be charged to your App Store or Google Play account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage your subscriptions and turn off auto-renewal by going to your account settings in the App Store (iOS) or Google Play Store (Android) after purchase

4.3 Free Trial
We may offer free trial periods for subscription plans at our discretion. Free trial eligibility and duration are determined at the time of offer and are subject to change. If you cancel during a free trial period, you will not be charged.

4.4 Refunds
Refund requests for subscriptions are subject to the refund policies of the App Store (iOS) or Google Play Store (Android). Generally:
• Refunds for accidental purchases or technical issues may be available through the app store
• Refunds are not typically available for subscriptions that have already been used
• Lifetime subscriptions are non-refundable except as required by law

For refund requests, please contact:
• iOS: Apple Support or request a refund through the App Store
• Android: Google Play Support or request a refund through Google Play Store

5.1 Acceptable Use
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:
• Violate any applicable federal, state, local, or international law or regulation
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Transmit any viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our App, servers, or systems
• Use the App in any manner that could disable, overburden, damage, or impair the App
• Use any robot, spider, or other automatic device or process to access the App without our written permission
• Interfere with or disrupt the App or servers connected to the App
• Impersonate or attempt to impersonate another user or person
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App

5.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
• Immediately notify us of any unauthorized use of your account
• Ensure that you exit from your account at the end of each session
• Use strong, unique passwords for your account

6.1 Our Rights
The App, including its original content, features, functionality, design, logos, and trademarks, is owned by us and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:
• Copy, modify, distribute, sell, or lease any part of our App
• Reverse engineer or attempt to extract the source code of the App
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
• Use our trademarks, logos, or other proprietary information without our express written consent

6.2 Your Content
You retain ownership of any content you create or upload to the App, such as:
• Your workout routines
• Your profile information
• Your workout preferences and customizations

By using the App, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content solely for the purpose of providing and improving our Service.

6.3 Third-Party Content
The App may include content, features, or functionality provided by third parties, including:
• Exercise data and information
• Exercise GIF demonstrations
• AI services (OpenAI)

This third-party content is subject to the respective third parties' terms and conditions and intellectual property rights.

7.1 AI Workout Generation
Workouch uses artificial intelligence (including OpenAI's services) to generate workout recommendations based on your preferences and profile information. You understand and agree that:
• AI-generated workouts are suggestions and recommendations, not professional fitness or medical advice
• The accuracy and appropriateness of AI-generated content may vary
• You are solely responsible for reviewing, customizing, and approving any AI-generated workouts before use
• We do not guarantee the quality, accuracy, or safety of AI-generated content

7.2 No Warranty on AI Content
AI-generated workouts are provided "as is" without any warranties. We disclaim all responsibility for the accuracy, completeness, or appropriateness of AI-generated content. You use AI-generated workouts at your own risk.

8.1 Not Medical or Professional Advice
IMPORTANT: Workouch is a fitness application and is not intended to provide medical, health, or professional fitness advice. The App, including all workout recommendations, exercise instructions, and health metrics (BMI, TDEE, calories), is provided for informational and entertainment purposes only.

You should:
• Consult with a healthcare professional before starting any new fitness program
• Seek medical clearance if you have any health conditions, injuries, or concerns
• Stop exercising immediately if you experience pain, dizziness, or other adverse symptoms
• Not use the App as a substitute for professional medical advice, diagnosis, or treatment

8.2 Exercise Safety
• You are solely responsible for ensuring that exercises are performed safely and correctly
• Exercise instructions and demonstrations are provided for guidance but do not guarantee safe performance
• You should always use proper form, appropriate weights, and adequate safety equipment
• We are not responsible for any injuries that may occur during or as a result of using the App or following workout recommendations

8.3 Health Metrics
Health metrics calculated by the App (BMI, TDEE, calories) are estimates based on standard formulas and the information you provide. These calculations:
• Are estimates and may not be accurate for all individuals
• Do not account for individual variations, medical conditions, or other factors
• Should not be used as the sole basis for medical or health decisions
• Should be interpreted in consultation with healthcare professionals

9.1 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

WE DO NOT WARRANT THAT:
• THE APP WILL MEET YOUR REQUIREMENTS
• THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS OBTAINED FROM USE OF THE APP WILL BE ACCURATE OR RELIABLE
• ANY ERRORS IN THE APP WILL BE CORRECTED

9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USE OF THE APP
• COSTS OF SUBSTITUTE GOODS OR SERVICES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR DATA

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

9.3 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
• Your violation of these Terms
• Your use of the App, including any content you submit, post, or transmit through the App
• Your violation of any rights of another party
• Any injury or damage to person or property resulting from your use of the App or following workout recommendations

11.1 Termination by You
You may terminate your account at any time by:
• Deleting your account through the App settings
• Using the account deletion form: https://forms.gle/zgemJjqtUz4HqL6J7
• Contacting us at the email address provided in Section 16

If you have an active subscription, you must cancel your subscription separately through the App Store or Google Play Store. Terminating your account does not automatically cancel your subscription.

11.2 Termination by Us
We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:
• Your right to use the App will immediately cease
• We may delete your account and all associated data
• You will not be entitled to any refund for unused subscription time (except as required by law)

11.3 Effect of Termination
Upon termination:
• All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability
• Your access to the App and your account will be terminated
• All data associated with your account may be deleted (subject to our Privacy Policy and applicable law)

12.1 Service Availability
We strive to maintain the availability of the App, but we do not guarantee that the App will be available at all times. The App may be unavailable due to:
• Scheduled maintenance
• Technical issues or system failures
• Force majeure events
• Actions taken by third-party service providers

We are not liable for any damages resulting from the unavailability of the App.

12.2 Modifications to Service
We reserve the right to:
• Modify, suspend, or discontinue any part of the App at any time
• Change features, functionality, or content
• Update the App's design or user interface
• Add or remove features without notice

We are not obligated to provide updates or modifications, and we are not liable for any changes or discontinuation of features.

The App may contain links to third-party websites, services, or resources that are not owned or controlled by us. We have no control over, and assume no responsibility for:
• The content, privacy policies, or practices of any third-party services
• Any damage or loss caused by or in connection with the use of any third-party services

You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or practices of such third-party services.

Your use of the App is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs your use of the App, to understand our practices regarding the collection and use of your information.

Privacy Policy: https://vigorworkouch.com/privacy-policy

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

We may notify you of changes by:
• Posting the new Terms in the App
• Updating the "Last Updated" date at the top of these Terms
• Sending you an email notification (if we have your email address)

Your continued use of the App after any changes constitutes acceptance of the new Terms.

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

Email: vigor.workouch@gmail.com

Website: https://vigorworkouch.com

We will respond to your inquiry within a reasonable timeframe, typically within 30 days.

17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

17.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the App shall be resolved through:
• Good faith negotiation between the parties
• If negotiation fails, through binding arbitration in accordance with the rules of [Arbitration Organization], or
• In the courts of [Your Jurisdiction]

You waive any right to participate in a class-action lawsuit or class-wide arbitration against us.

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

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the App and supersede all prior agreements and understandings.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If we waive any provision of these Terms, it will not be considered a waiver of any other provision or of the same provision at another time.

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms or any rights hereunder without your consent.

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By using Workouch, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.