Terms & Conditions

1. Introduction

Welcome to FitDrake ("the App"), an AI-powered fitness and meal-planning assistant.

For the purposes of these Terms:

• Application Owner means the legal entity or person that owns and publishes the App (the entity listed on the Apple App Store account).
• Application Developer means the entity or persons who created, maintain, or provide the App.
• Collectively, the Application Owner and Application Developer are referred to as the "Providers".

By accessing or using the App, you ("User," "you," or "your") agree to be legally bound by these Terms & Conditions ("Terms"). If you do not agree, you must immediately discontinue use and are not entitled to use the App.

2. Nature of the Service

• The App provides AI-generated fitness, nutrition, and lifestyle suggestions.
• The Providers are not licensed practitioners in medicine, nutrition, fitness training, or any regulated field.
• The App is a digital tool for informational and educational purposes only and does not replace professional advice.
• Users are strongly encouraged to consult qualified professionals and conduct independent research before making health, diet, or fitness decisions.

3. User Responsibilities

By using the App, you expressly agree that:

• You are at least 18 years old, or using the App with parental/guardian consent.
• You will not rely solely on the App for health, nutrition, or medical decisions.
• You assume full and exclusive responsibility for your actions, health outcomes, and lifestyle choices.
• You use the App entirely at your own risk.

4. No Liability & Disclaimers

• The App and its content are provided strictly "as is" and "as available", without warranties of any kind, express or implied.
• The Providers make no representations, guarantees, or warranties regarding accuracy, safety, reliability, or effectiveness of any suggestions.
• The Providers are not liable for:
  • Any injuries, illnesses, damages, or losses resulting from use of the App.
  • Any reliance placed on AI-generated content.
  • Any consequences of third-party services, websites, or integrations.
• The maximum aggregate liability of the Providers shall not exceed the total amount paid (if any) by the User to access the App in the 30 days immediately prior to the claim.

5. No Medical or Professional Advice

• The Providers do not provide medical, therapeutic, nutritional, or professional advice of any kind.
• Nothing within the App constitutes a diagnosis, prescription, treatment plan, or professional consultation.
• Users must seek independent professional advice from qualified healthcare providers, trainers, or nutritionists before acting on any information.

6. User Conduct

Users must not:

• Use the App for unlawful, abusive, or fraudulent purposes.
• Copy, reproduce, reverse-engineer, or attempt to exploit the App, its data, or its AI system.
• Share, distribute, sell, or otherwise misuse the App's content without explicit written permission from the Application Owner.

The Providers reserve the absolute right to suspend or terminate User accounts at their sole discretion, without prior notice or liability.

7. Intellectual Property

• All rights, title, and interest in and to the App, including its software, AI systems, algorithms, branding, logos, content, and related intellectual property, are the exclusive property of the Application Owner.
• Users are granted a limited, revocable, non-transferable license to use the App solely for personal, non-commercial purposes.

8. Subscription, Payments & Refunds

• Certain features of the App may require a paid subscription.
• All fees are final, non-cancellable, and non-refundable, except where required by mandatory applicable law.
• The Providers reserve the right to modify pricing, subscription plans, or features at any time without prior notice.

9. Termination

The Providers may, at any time and without notice:

• Suspend or terminate a User's access to the App.
• Remove or restrict access to any content.
• Enforce any rights under these Terms at their sole discretion.

10. Limitation of Liability

To the fullest extent permitted by law:

• The Providers expressly disclaim all warranties, whether express, implied, statutory, or otherwise.
• The Providers shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages of any kind.
• Users acknowledge that use of the App is entirely at their own risk and responsibility.

11. Indemnification

Users agree to indemnify, defend, and hold harmless the Providers, their affiliates, officers, employees, contractors, and partners from any claims, liabilities, damages, costs, or expenses (including reasonable legal fees) arising from:

• User's use or misuse of the App,
• Violation of these Terms, or
• Violation of any applicable law or third-party rights.

12. Force Majeure

The Providers shall not be held responsible or liable for delays, failures, or interruptions in performance caused by circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, technical failures, or network interruptions.

13. Modifications

The Providers may update, modify, or replace these Terms at any time, without prior notice. Continued use of the App after changes take effect constitutes acceptance of the new Terms.

14. Contact

For questions or concerns regarding these Terms, please contact:
info@fitdrake.com