Terms and Conditions

Agreement to our legal terms

We are **Fitnutri B.V.**, doing business as **FitNutri AI** ("Company," "we," "us," "our"), a company registered in the Netherlands at:

**Fitnutri B.V.**   Baarnsche Dijk 6 C1  3741 LR Baarn   Netherlands

We operate the mobile application **FitNutri AI** (the "App"), as well as any other related products and services that refer or link to these Legal Terms (collectively, the "Services").

FitNutri AI is an intelligent fitness and nutrition assistant that creates personalized workout plans and adapts to each user’s lifestyle and consistency. Using AI-driven logic, it generates flexible weekly training schedules, adjusts plans as users return from inactivity, and supports sustainable progress without manual rescheduling.

You can contact us by email at **support@fitnutri.com** or by mail at the address above.

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Fitnutri B.V., concerning your access to and use of the Services. By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Legal Terms.

**IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.**

### Changes to these Legal Terms

We may update these Legal Terms from time to time. The updated Legal Terms will become effective when posted in the Services or when we otherwise notify you. By continuing to use the Services after the effective date of any changes, you agree to be bound by the updated Legal Terms.

### Age requirement

The Services are intended for users who are at least **18 years old**. Persons under the age of 18 are not permitted to use or register for the Services.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (including the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. IMPORTANT HEALTH DISCLAIMER (FITNESS & NUTRITION)

**FitNutri AI is not a medical service and does not provide medical advice.** The Services are provided for informational and educational purposes only.

- Always consult a qualified healthcare professional before starting any exercise program, diet, or health regimen, especially if you have any medical condition, are pregnant, have a history of injury, or take medication. - Stop exercising immediately and seek medical attention if you experience dizziness, fainting, chest pain, shortness of breath, or any other concerning symptoms. - Individual results vary. We do not guarantee any specific health, fitness, or nutrition outcomes.

You acknowledge and agree that you are solely responsible for your health decisions, actions, and results.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

The Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

3.2 Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

- access the Services; and - download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: **support@fitnutri.com**.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

3.3 Your submissions and contributions

**Submissions.** By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

**Contributions.** The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section.

You are responsible for what you post or upload and you warrant your Submissions/Contributions do not constitute confidential information.

We may remove or edit content in our sole discretion.

4. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

• all registration information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary;
• you have the legal capacity and you agree to comply with these Legal Terms;
• you are not a minor in the jurisdiction in which you reside;
• you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
• you will not use the Services for any illegal or unauthorized purpose; and
• your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. PAYMENTS (IN-APP SUBSCRIPTIONS ONLY)

FitNutri AI is offered via **in-app subscriptions** only. All payments, billing, renewals, cancellations, and refunds are processed by:

- **Apple App Store (iOS)**, or
- **Google Play Store (Android)**

We do not directly collect or store your full payment card details for in-app subscription purchases.

Taxes (including VAT or sales tax) and currency are determined and displayed by the relevant app store at checkout.

7. SUBSCRIPTIONS (BILLING, CANCELLATION, REFUNDS)

7.1 Billing and renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until you cancel.

The length of your billing cycle depends on the subscription plan you choose.

7.2 Free trial

If we offer a free trial, the exact terms (trial length, price after trial, and renewal) will be disclosed to you at the time of sign-up/purchase.

7.3 Cancellation

You can cancel your subscription at any time:

- **Apple App Store (iOS):** via your Apple ID subscription settings.
- **Google Play Store (Android):** via your Google Play subscription settings.

Cancellation takes effect at the end of the current billing period. You will retain access until the end of the current paid term.

7.4 Refund policy (Apple App Store / Google Play)

**If you purchased a subscription through Apple’s App Store or Google Play, billing and refunds are handled by the platform and are subject to the platform’s refund policies and applicable law.**

- **Apple:** Refund requests are generally submitted through Apple’s “Report a Problem” flow and are decided by Apple.
- **Google Play:** Refund requests are generally submitted through Google Play order history/support and are decided according to Google’s policies and applicable law.

**We generally do not provide refunds for partially used subscription periods**, except where required by applicable law, platform policy, or where we explicitly approve an exception.

Nothing in these Legal Terms limits any mandatory rights you may have under applicable consumer protection laws.

7.5 Fee changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law and platform rules.

8. SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software.

If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and in accordance with these Legal Terms.

Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied.

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s use of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering/extraction tools.
• Delete copyright or other proprietary rights notices from any Content.
• Attempt to impersonate another user or person.
• Upload or transmit any passive or active information collection or transmission mechanism (including cookies, web bugs, pixels, etc.) except as part of normal browser/app functionality.
• Interfere with, disrupt, or create an undue burden on the Services or networks connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Attempt to bypass measures designed to prevent or restrict access.
• Copy or adapt the Services’ software.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer software.
• Use, launch, develop, or distribute automated systems (spiders, robots, scrapers, offline readers) that access the Services.
• Use a buying agent or purchasing agent to make purchases.
• Collect usernames and/or email addresses to send unsolicited email.
• Use the Services as part of an effort to compete with us.
• Use the Services to advertise or offer to sell goods and services without our permission.
• Sell or otherwise transfer your profile.

10. USER GENERATED CONTRIBUTIONS

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials ("Contributions"). Contributions may be viewable by other users and through third-party websites.

By creating or making available any Contributions, you represent and warrant that your Contributions:

• do not infringe any third party’s rights;
• are not false, inaccurate, or misleading;
• are not unsolicited advertising or spam;
• are not obscene, abusive, discriminatory, or illegal;
• do not violate privacy/publicity rights;
• do not violate any applicable law.

Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

11. CONTRIBUTION LICENSE

By posting Contributions, you grant us a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully-paid right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions, including for commercial or advertising purposes.

You retain ownership of your Contributions. We are not liable for any statements in your Contributions.

12. GUIDELINES FOR REVIEWS

If we provide areas for reviews or ratings, you must comply with these rules:

• you should have firsthand experience;
• no offensive, abusive, racist, or hateful language;
• no discriminatory references;
• no false or misleading statements;
• no campaigns encouraging others to post reviews.

We may remove reviews in our sole discretion.

13. MOBILE APPLICATION LICENSE

13.1 Use License

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices owned or controlled by you, strictly in accordance with these Legal Terms.

You shall not (except as permitted by applicable law): decompile, reverse engineer, disassemble, attempt to derive source code, make modifications, violate laws, remove proprietary notices, use the App for a revenue-generating endeavor, make the App available over a network, create competing products, or send unsolicited commercial email.

13.2 Apple and Android Devices

The following terms apply when you use the App obtained from the Apple App Store or Google Play (each an "App Distributor"):

• The license granted is limited to use on devices that use Apple iOS or Android, as applicable.
• We are responsible for maintenance/support as required by law.
• In the event of any failure of the App to conform to warranty, you may notify the App Distributor; the App Distributor may refund the purchase price (if any) according to its policies.
• You represent that you are not located in an embargoed country and are not on any prohibited/restricted party list.
• You must comply with applicable third-party terms.
• The App Distributors are third-party beneficiaries of this license.

We may remove reviews in our sole discretion.

14. SOCIAL MEDIA

If you link your account with third-party accounts, you represent you have the right to do so. We may access content as permitted by those third parties and your settings. Your relationship with third-party providers is governed solely by your agreements with them.

15. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to Third-Party Websites and content. We do not control and are not responsible for Third-Party Websites or content. Any use is at your own risk.

16. SERVICES MANAGEMENT

We reserve the right (but not the obligation) to monitor the Services for violations, take appropriate legal action, restrict access, remove content, and otherwise manage the Services to protect our rights and the proper functioning of the Services.

17. PRIVACY

We care about data privacy and security. Our Privacy Policy is available at:

**https://fitnutri-ai.com/privacyPolicy**

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

18. COPYRIGHT INFRINGEMENTS

If you believe any material on the Services infringes copyright you own or control, please notify us at **support@fitnutri.com**.

19. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We reserve the right to deny access to and use of the Services for any reason, including breach of these Legal Terms or any applicable law.

20. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time. We do not guarantee the Services will be available at all times and may experience interruptions.

21. GOVERNING LAW

These Legal Terms are governed by the laws of the Netherlands, and the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

If your habitual residence is in the EU and you are a consumer, you may additionally have the protection provided by mandatory provisions of the law in your country of residence.

22. DISPUTE RESOLUTION (INCLUDING EU ODR)

The European Commission provides an online dispute resolution platform (ODR):

https://ec.europa.eu/consumers/odr

If you would like to bring a dispute to our attention, please contact **support@fitnutri.com**.

23. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct errors and update information at any time without prior notice.

24. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

25. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

SOME LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY.

26. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) arising out of your use of the Services, breach of these Legal Terms, or violation of any third-party rights.

27. USER DATA

We maintain certain data you transmit to the Services to manage performance and provide the Services. Although we perform routine backups, you are solely responsible for all data you transmit. You agree that we have no liability for any loss or corruption of such data.

28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and communications we provide electronically satisfy any legal requirement that such communication be in writing.

29. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact:

• Complaint Assistance Unit  
• Division of Consumer Services  
• California Department of Consumer Affairs  
• 1625 North Market Blvd., Suite N 112  
• Sacramento, California 95834  
• Phone: (800) 952-5210 or (916) 445-1254

30. MISCELLANEOUS

These Legal Terms and any policies posted by us constitute the entire agreement. Our failure to enforce any right is not a waiver. We may assign our rights and obligations at any time. If any provision is unlawful or unenforceable, it is severable and does not affect the remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us.

31. CONTACT US

Fitnutri B.V.   Baarnsche Dijk 6 C1   3741 LR Baarn   Netherlands

Email: **support@fitnutri.com**