Effective: September 18, 2025
These Terms of Service (“Terms”) govern your use of FitCoach (the “App”), provided by Danilo Henrique de Oliveira e Souza LTDA (“we,” “us,” or “our”).
By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, you must not use the App.
The App is provided for personal, non-commercial use only.
You must be at least 13 years old (or the minimum legal age in your jurisdiction).
You are responsible for maintaining the security of your device and any credentials.
You are responsible for all activity conducted through your device or account.
FitCoach provides fitness, wellness, and organizational tools for educational and informational purposes only.
The App is not a medical device and does not provide medical advice, diagnosis, or treatment.
Use of the App does not create a doctor-patient or medical relationship.
Always consult a licensed physician or qualified healthcare provider before beginning any exercise or nutrition program.
If you experience pain, dizziness, shortness of breath, or discomfort, stop immediately and seek medical advice.
We do not guarantee any specific health or fitness results.
You acknowledge that physical exercise involves inherent risks, including but not limited to:
Muscle strains
Sprains
Overuse injuries
Equipment-related injuries
Serious bodily injury
You voluntarily assume all risks associated with performing exercises or following recommendations provided through the App.
You agree that you use FitCoach entirely at your own risk.
Our services might assist you in organizing and executing workouts, but we are not liable for any exercises or services offered by external third-party providers.
We won't be held accountable for any indirect, unexpected, or extraordinary damages, such as losses connected to profits, information, or personal injuries stemming from the use of our services.
We offer no warranties regarding the quality or safety of any services from third-party providers. The full risk associated with using the services falls
on you.
To the maximum extent permitted by law:
Danilo Henrique de Oliveira e Souza LTDA and FitCoach are not liable for any injury, harm, damages, losses, or adverse outcomes resulting from:
Following workouts or plans
Using exercise equipment
Relying on AI-generated recommendations
Your physical condition
Improper technique
Environmental factors
Misuse of the App
FitCoach includes AI-powered features such as workout generation and chat.
You acknowledge that:
AI-generated content may be inaccurate, incomplete, or inappropriate.
AI recommendations do not constitute professional, medical, or nutritional advice.
You should exercise independent judgment and consult professionals when appropriate.
We do not guarantee the accuracy or reliability of AI-generated outputs.
The materials the app provides on an 'as is' basis. Fit Coach makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fit Coach does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its application or otherwise relating to such materials or on any sites linked to this site.
The App may include integrations, links, or references to third-party services.
Our services may assist you in organizing or executing workouts, but we are not responsible for:
Exercises or services offered by external providers
The quality, safety, legality, or availability of third-party services
Any damages resulting from third-party platforms
We provide no warranties regarding third-party services. Your use of such services is entirely at your own risk.
You agree not to:
Reverse engineer or attempt to extract source code
Disrupt, hack, or interfere with the App
Abuse free trial content
Upload unlawful or infringing content
Use the App in violation of applicable laws
Violations may result in permanet ban
If paid features are offered:
Pricing and billing terms are shown in the App or store listing.
Subscriptions automatically renew unless canceled at least 24 hours before the renewal date.
Deleting the App DOES NOT cancel a subscription.
Refunds are managed exclusively by the Apple App Store or Google Play according to their policies.
We may change pricing with notice where required by law.
If you initiate a refund request through Apple’s App Store:
Apple may request consumption or usage data from us.
We may securely collect and share relevant information with Apple, including:
App usage time
Accessed content
Purchase history
Refund history
This information is shared solely for evaluating refund requests as required by Apple’s App Store Server API.
By using our services, you acknowledge and agree that:
If you initiate a refund request through Apple's App Store, we may receive a notification from Apple requesting consumption data about your app
usage.
We will securely collect and share relevant data, including app usage time, accessed content, purchase history, and refund history, with Apple to assist in the refund decision
process.
This data is shared only for the purpose of evaluating refund requests, as required by Apple's App Store Server API.
If you connect Apple HealthKit or Google Health Connect:
We read only categories you explicitly authorize.
We do not sell health data.
We do not use it for advertising.
We do not write data back to Health platforms.
All content, design, branding, and software code in FitCoach are owned by Danilo Henrique de Oliveira e Souza LTDA or its licensors.
You may not copy, distribute, modify, or create derivative works without authorization, except where permitted by law.
You retain ownership of content you input.
You grant us a limited, non-exclusive, revocable license to process your content solely for operating, maintaining, and improving FitCoach.
THE APP AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
We do not warrant:
Accuracy of materials
Reliability of results
Continuous availability
Error-free operation
To the maximum extent permitted by law:
We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including:
Loss of profits
Loss of data
Personal injuries
Business interruption
Our total liability for any claim related to the App will not exceed the amount you paid (if any) for FitCoach in the 12 months preceding the claim.
Nothing excludes liability for fraud, intentional misconduct, or where prohibited by law.
You agree to indemnify and hold harmless Danilo Henrique de Oliveira e Souza LTDA from any claims, demands, damages, losses, liabilities, and expenses (including legal fees) arising from:
You commit to shielding us from any claims, demands, losses, obligations, and costs, including attorney's fees, that arise from your use of the services, breaches of these terms, our utilization of your user content, or infringement of the rights of others.
We don't provide medical guidance. Our services are aimed at monitoring,
controlling, and organizing fitness activities, not offering medical counsel.
Using our services does not create a medical relationship between us. It is advisable to seek advice from a certified medical expert for dietary or workout recommendations.
You acknowledge that engaging in physical activities might come with inherent risks, and you choose to participate in them entirely at your own peril.
Your use of the App
Your violation of these Terms
Your user content
Your infringement of third-party rights
We may suspend or terminate access if you violate these Terms or if required by law.
You may stop using the App at any time.
We may modify, suspend, or discontinue features at any time.
We may update these Terms. Continued use after changes constitutes acceptance of the updated Terms.
These Terms are governed by the laws of Brazil.
Courts located in São Paulo, SP shall have exclusive jurisdiction, except where consumer protection laws require otherwise.
If you obtained the App via the Apple App Store or Google Play:
This agreement is between you and Danilo Henrique de Oliveira e Souza LTDA, not Apple or Google.
Apple and Google are not responsible for the App.
They are third-party beneficiaries and may enforce these Terms.
Purchases are subject to store policies.
20) Third party content
FitCoach provides access to exercise demonstration videos that are hosted by third-party platforms, including but not limited to YouTube. These videos are not owned, controlled, or maintained by FitCoach.
We do not guarantee that any specific video will remain available, uninterrupted, or error-free. Videos may be removed, restricted, made private, or otherwise unavailable at any time by the content owner or the hosting platform.
FitCoach is not responsible for the availability, accuracy, or performance of third-party content.
In the event that a video becomes unavailable, we may replace it with alternative content when reasonably possible, but we do not guarantee immediate replacement.
Temporary or permanent unavailability of specific third-party content does not constitute grounds for refunds of subscription fees unless otherwise required by applicable law.
Email: fitcoachappcontact@gmail.com