Terms of Service - QBod Fitness & Wellness

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and QBod LLC ("QBod," "we," "us," or "our") governing your access to and use of the QBod fitness and wellness services, including the mobile application, website, AI coaching features, and all related services (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

These Terms operate in conjunction with the QBod End User License Agreement (EULA), Privacy Policy, Medical Disclaimer, Security & Data Protection Policy, and AI Transparency Addendum. For software licensing and installation matters, the EULA governs. For all other service-related matters, these Terms govern.

1.1 Modifications to Terms

QBod reserves the right to modify these Terms at any time, at its sole discretion, by posting updated Terms within the Services or on the QBod website. Changes become effective immediately upon posting unless otherwise specified. Your continued use of the Services after changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are 18 years of age or older.

QBod is not intended for users under 18 years of age. We do not knowingly collect information from anyone under 18. If we learn that a user is under 18, we will terminate their account and delete their data.

2.2 Account Creation and Security

To access certain features, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your information to keep it accurate and current
Maintain the security and confidentiality of your account credentials
Accept full responsibility for all activities that occur under your account
Immediately notify QBod of any unauthorized use or security breach at support@qbod.fit

You may not:

Create multiple accounts for yourself
Share your account credentials with others
Use another person's account without authorization
Select a username that impersonates another person, is offensive, or infringes on intellectual property rights

QBod reserves the right to suspend or terminate accounts that violate these requirements without notice or liability.

3. Nature of Services

3.1 Services Provided

QBod provides a technology platform that offers:

Personalized workout and exercise recommendations
Nutrition tracking, meal planning, and macro analysis
AI-powered coaching and guidance (powered by Google Gemini)
Progress tracking, analytics, and performance metrics
Health data integration and import capabilities (Apple Health, Google Fit, etc.)
Community features and user interactions
Subscription-based premium features and content

3.2 What QBod Is NOT

IMPORTANT: QBOD IS NOT A MEDICAL, HEALTHCARE, OR PROFESSIONAL FITNESS SERVICE.

QBod does NOT:

Provide medical, healthcare, or professional fitness advice
Replace consultation with licensed healthcare professionals, certified personal trainers, or registered dietitians
Diagnose, treat, cure, or prevent any disease, condition, or injury
Serve as a licensed medical practitioner, therapist, or counselor
Provide emergency medical assistance or crisis intervention

ALL FITNESS AND NUTRITION GUIDANCE IS ALGORITHMIC AND INFORMATIONAL ONLY. YOU MUST CONSULT QUALIFIED PROFESSIONALS BEFORE BEGINNING ANY EXERCISE OR NUTRITION PROGRAM.

3.3 AI Technology Disclosure

QBod uses artificial intelligence technology powered by Google Gemini. By using AI coaching features, you acknowledge that:

AI responses are generated automatically and may contain errors, inaccuracies, or limitations
AI coaching provides general fitness information, not personalized medical advice
You must verify AI-generated information with qualified professionals
AI models may reflect biases or limitations from training data
We use anonymized data when interacting with AI services to protect your privacy
Third-party AI processing is subject to the AI Transparency Addendum

For complete AI disclosures, limitations, and your rights, see the AI Transparency Addendum.

4. Health and Safety

Medical Disclaimer

CONSULT YOUR PHYSICIAN BEFORE BEGINNING ANY EXERCISE PROGRAM. This is particularly important if you have any pre-existing health conditions, injuries, or physical limitations.

Assumption of Risk

You acknowledge and agree that:

Physical exercise involves inherent risks of injury, illness, or death
You voluntarily assume all risks associated with using our Services
You are responsible for exercising within your limits
You will stop exercising immediately if you experience pain, dizziness, or discomfort
You will seek immediate medical attention for any concerning symptoms

Your Responsibilities

You are solely responsible for:

Ensuring you are healthy enough for physical activity
Using proper form and equipment
Following safety guidelines
Accurately inputting your health information
Making informed decisions about your health and fitness

5. Subscription and Payment Terms

Subscription Options

QBod offers three subscription tiers: Essentials, Premium, and Elite ("Subscription Tiers"). All tiers include a 7-day trial period. Each tier includes a monthly credit allowance for AI-powered features, with higher tiers providing more credits. Premium and Elite features include advanced analytics, expanded AI coaching access, exclusive workouts, and additional customization options.

Payment Terms

Subscription fees are billed in advance on a recurring basis
Prices are subject to change with 30 days' notice
All payments are processed by third-party payment providers
We do not directly store your payment card information
All amounts are in US dollars unless otherwise specified

Billing Cycle

Monthly subscriptions renew automatically each month
Annual subscriptions renew automatically each year
You authorize us to charge your payment method for all applicable fees

Cancellation and Refunds

You may cancel your subscription at any time through your account settings
Cancellation takes effect at the end of the current billing period
No partial refunds for unused subscription time
Annual subscriptions are non-refundable after 14 days
We may offer a trial period, terms of which will be clearly disclosed

5A. Additional Terms for EU Consumers

EU Consumer Rights

If you are an EU resident purchasing our Premium Subscription services, you have additional rights under EU consumer protection law:

Right of Withdrawal (Cooling-Off Period):

14-day withdrawal period for subscription purchases
You may cancel within 14 days of purchase without giving reason
To exercise this right, contact support@qbod.fit before the 14-day period expires
If you use the service during the withdrawal period, you may be charged for services provided

Distance Selling Rights:

Clear information about services before purchase
Confirmation of purchase in writing
Right to cancel distance contracts

Consumer Protection:

Protection against unfair contract terms under EU Directive 93/13/EEC
Right to resolve disputes through EU Online Dispute Resolution platform
Protection under EU Consumer Rights Directive 2011/83/EU

Price and Currency:

Prices displayed in local currency (EUR) for EU customers
VAT included in displayed prices where applicable
No hidden fees or charges

Customer Service:

EU customers can contact support in English
Response within reasonable timeframe
Escalation to local consumer protection authorities if needed

6. User Content and Conduct

Your Content

You retain ownership of all content you submit to the Services ("User Content"), including but not limited to:

Profile information and photos
Workout data and progress photos
Meal logs and nutrition information
Comments, posts, and messages
Health and fitness data

License to QBod

By submitting User Content, you grant QBod a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

Use, reproduce, modify, and display your User Content to provide the Services
Create anonymized and aggregated data for service improvement
Share your content with other users as per your privacy settings

Content Standards

You agree not to submit User Content that:

Violates any law or regulation
Infringes any intellectual property rights
Contains false, misleading, or deceptive information
Is defamatory, obscene, pornographic, or offensive
Promotes violence, discrimination, or illegal activities
Contains malware, viruses, or harmful code
Violates others' privacy rights

7. Privacy and Data Protection

Privacy Policy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

Health Data

For Washington residents and where applicable by law, your health data is subject to additional protections as outlined in our Privacy Policy and Washington Consumer Health Data Consent form.

Data Security

While we implement reasonable security measures, you acknowledge that:

No internet transmission is completely secure
You use the Services at your own risk
We cannot guarantee absolute security of your data

8. Intellectual Property Rights

QBod Property

All content and materials available through the Services, except User Content, including but not limited to:

Software, code, and algorithms
Designs, logos, and trademarks
Workout programs and nutrition plans
AI coaching responses and content
Text, images, audio, and video

Are owned by or licensed to QBod and protected by intellectual property laws.

Restrictions

You may not:

Copy, modify, or create derivative works
Reverse engineer, decompile, or disassemble the Services
Remove any proprietary notices or labels
Use our trademarks without written permission
Scrape, data mine, or use automated systems to access the Services
Resell or commercially exploit any portion of the Services

9. Third-Party Services and Links

Integrations

The Services may integrate with third-party services such as:

Health Platforms: Apple Health, Google Fit, and fitness wearables
AI Services: Google Gemini for AI coaching features
Payment Processing: Apple App Store and Google Play
App Quality Services: Crash reporting, performance monitoring, and usage analytics providers
Infrastructure: Cloud hosting and database services

These services may collect technical data as described in our Privacy Policy.

Third-Party Terms

Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for third-party services' practices or content.

External Links

The Services may contain links to external websites. We do not endorse and are not responsible for the content or practices of linked sites.

10. Disclaimers of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QBOD DISCLAIMS ALL WARRANTIES, INCLUDING:

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ACCURACY, RELIABILITY, OR COMPLETENESS of information, recommendations, or results
NON-INFRINGEMENT of third-party rights
UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION
FREEDOM FROM VIRUSES or harmful components
ACHIEVEMENT OF HEALTH OR FITNESS GOALS

HEALTH AND FITNESS DISCLAIMER: QBOD SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL MEET YOUR HEALTH OR FITNESS GOALS, PROVIDE MEDICAL BENEFITS, OR BE SUITABLE FOR YOUR PARTICULAR HEALTH CONDITION.

No advice or information from QBod or through the Services creates any warranty not expressly stated in these Terms.

FOR COMPLETE SOFTWARE WARRANTIES AND DISCLAIMERS, SEE THE END USER LICENSE AGREEMENT (EULA).

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QBOD'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF:

(A) USD $100.00, OR
(B) AMOUNTS PAID BY YOU TO QBOD IN THE 12 MONTHS PRECEDING THE CLAIM

QBOD SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
LOST PROFITS, DATA, BUSINESS OPPORTUNITIES, OR REPUTATION
PERSONAL INJURY, PROPERTY DAMAGE, OR HEALTH-RELATED HARM (except where prohibited by law)
FAILURE TO ACHIEVE FITNESS GOALS or expected results
ISSUES WITH THIRD-PARTY SERVICES (Google Gemini, Apple Health, Google Fit, etc.)
USER-GENERATED CONTENT posted by others
FORCE MAJEURE EVENTS beyond QBod's control

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF QBOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOR EU USERS: Mandatory consumer law may require QBod to retain some liability. In such cases, liability is limited to direct damages and amounts paid for QBod services.

FOR COMPLETE LIABILITY LIMITATIONS, SEE THE END USER LICENSE AGREEMENT (EULA).

12. Indemnification

You agree to indemnify, defend, and hold harmless QBod LLC, its affiliates, and their respective officers, directors, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use or misuse of the Services
Your violation of these Terms or applicable laws
Your violation of third-party rights (intellectual property, privacy, publicity, etc.)
Your User Content or any content you submit
Any injury, illness, or damage resulting from your fitness activities or nutrition choices
Any health consequences from following AI coaching recommendations
Your failure to consult healthcare professionals before beginning fitness programs
Claims by third parties related to your account or use of the Services

This indemnification obligation survives termination of your account and these Terms.

FOR COMPLETE INDEMNIFICATION TERMS, SEE THE END USER LICENSE AGREEMENT (EULA).

13. Termination

13.1 Termination by User

You may terminate your account at any time by:

Using the account deletion option in Settings
Contacting support@qbod.fit with subject line: "Account Deletion Request"

Account deletion is permanent and irreversible. No refunds will be provided for active subscriptions upon deletion.

13.2 Termination by QBod

QBod may terminate or suspend your account immediately and without prior notice if:

You violate these Terms or any other QBod policy
You provide false, misleading, or fraudulent information
You engage in illegal, harmful, abusive, or disruptive behavior
Your account is inactive for an extended period
Required by law, regulation, or court order
QBod discontinues the Services

QBod may also suspend or terminate accounts for any reason or no reason, at its sole discretion, at any time.

13.3 Effects of Termination

Upon termination:

Your access to the Services will cease immediately
Your active subscription will end without refund for unused time
QBod may delete your account and User Content (see Privacy Policy for data retention details)
All accrued rights and obligations survive termination
Sections 6.2 (License to QBod), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), and 15 (General Provisions) survive termination

14. Dispute Resolution

Informal Resolution

Before filing any legal action, you agree to try to resolve disputes informally by contacting us at support@qbod.fit. This informal process must be attempted for 60 days before any formal proceeding.

For US Residents - Arbitration Agreement

US RESIDENTS: YOU AND QBOD AGREE THAT ANY DISPUTES WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Arbitration Procedure:

Conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
Arbitration location: Texas
Governing arbitration law: Texas Arbitration Act and Federal Arbitration Act
Discovery limitations: Streamlined discovery to control costs
Fees: AAA filing fees apply; each party bears own attorney fees unless award provides otherwise

For EU Residents - Limited Dispute Resolution Options

EU RESIDENTS: Due to mandatory EU consumer protection laws, you have these options:

Option 1: EU Online Dispute Resolution (Preferred)

Access the EU ODR platform at: https://ec.europa.eu/consumers/odr/
Free online dispute resolution for EU consumers
Available in all EU languages
Most efficient resolution method

Option 2: European Courts (Limited Jurisdiction)

You may bring legal action in the courts of your EU member state
However: Any damages are limited to direct damages only (no indirect, consequential, or punitive damages)
Limitation period: Claims must be brought within 1 year of the incident
Governing law: Contract interpretation governed by Texas law; consumer protection by local EU law

Option 3: Voluntary Arbitration

You may choose arbitration under the AAA Consumer Arbitration Rules
Location: Texas or European arbitration center by mutual agreement
This is optional and does not waive your right to EU courts

Enhanced Limitations and Protections

Regardless of dispute resolution method:

Damage Limitations:

Maximum liability: Limited to amount paid to QBod in the 12 months preceding the claim
No indirect damages: No liability for lost profits, data, business interruption, or consequential damages
No punitive damages: Punitive or exemplary damages are excluded

Time Limitations:

Statute of limitations: All claims must be brought within 1 year of when you first knew or should have known of the issue
Discovery rule: This limitation applies regardless of when damage occurred

Scope Limitations:

Disputes limited to direct contractual relationship between you and QBod
No third-party beneficiary claims
No claims against officers, directors, employees, or affiliates in personal capacity

Exceptions to Arbitration

The arbitration agreement does not apply to:

Small claims court actions (under USD 10,000)
Injunctive relief for intellectual property violations
Disputes that cannot be arbitrated under applicable law
EU consumer disputes (courts remain available)

Class Action and Representative Proceeding Waiver

US AND INTERNATIONAL RESIDENTS (except where prohibited by law): You agree not to participate in any class action lawsuit, class arbitration, or representative proceeding against QBod and to pursue disputes only on an individual basis.

EU RESIDENTS: This waiver does not apply where prohibited by mandatory EU consumer protection law.

15. General Provisions

Governing Law and Jurisdiction

US Residents:

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles
Exclusive jurisdiction: Texas courts (if arbitration unavailable)
Venue: Any legal proceeding must be brought in Texas
Texas law advantages: Business-friendly courts, reasonable damage caps, strong arbitration enforcement

EU Residents:

Contract interpretation: Governed by Texas law (choice of law)
Consumer protection: Mandatory EU consumer law provisions apply where more protective
Jurisdiction: EU courts available as required by EU consumer law
Limitation: EU court damages limited to direct damages and subscription amounts paid

International Users:

Primary governing law: Texas law applies to all contractual disputes
Local law: Mandatory consumer protection laws apply only where they provide greater protection than Texas law
Forum: Texas courts preferred; local courts only where required by mandatory law
Burden of proof: User must demonstrate local law provides greater protection

Strategic Legal Protections

Texas Law Advantages for QBod:

Damage caps: Reasonable limitation on liability exposure
Business-friendly courts: Established precedent supporting technology companies
Arbitration enforcement: Strong Texas Arbitration Act
Discovery limitations: Reasonable scope and costs
Attorney fee shifting: Prevailing party provisions available

Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and QBod. These Terms supersede all prior or contemporaneous communications and proposals.

Severability and Savings Clause

If any provision of these Terms is found unenforceable:

The remaining provisions continue in full force and effect
Savings clause: If arbitration is unavailable, disputes proceed in Texas courts
Reformation: Unenforceable provisions will be reformed to the maximum extent permissible

No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision. All waivers must be in writing and signed by QBod.

Assignment

You: May not assign or transfer these Terms without our written consent
QBod: May assign our rights to any successor, acquirer, or affiliate without notice
Binding effect: These Terms bind successors and permitted assigns

Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, terrorism, labor disputes, or government actions.

Notices and Communications

Legal notices to QBod must be sent to:

QBod LLC
Attn: Legal Department
Email: contact@qbod.fit

Service of process accepted at:
QBod LLC registered agent
(Formal service address available upon request)

EU Data Protection Inquiries:
Email: contact@qbod.fit (Subject: "EU Data Rights")

Notice to users:

Legal notices to you will be sent to your registered email address
You are responsible for maintaining current contact information
Notices are effective upon sending to your last known email address

Compliance and Export Controls

You may not use the Services in violation of U.S. export laws and regulations
You represent that you are not located in a country subject to U.S. embargo
You are not listed on any U.S. government list of prohibited or restricted parties
You will comply with all applicable local laws in your jurisdiction

16. Digital Millennium Copyright Act (DMCA)

If you believe your copyrighted work has been infringed, please notify our copyright agent:

DMCA Agent
QBod LLC
Email: contact@qbod.fit

Include:

Description of the copyrighted work
Location of the infringing material
Your contact information
Statement of good faith belief
Statement of accuracy under penalty of perjury
Your physical or electronic signature

17. Artificial Intelligence Features

AI Technology Disclosure

QBod uses artificial intelligence (AI) technology powered by Google Gemini to provide personalized fitness coaching, workout recommendations, and nutrition guidance.

What Our AI Does

Our AI features provide:

Personalized workout plan generation based on your goals and equipment
Nutrition recommendations aligned with your dietary preferences and targets
Real-time fitness and health coaching through conversational AI
Progress tracking with intelligent insights and adjustments
Automated analysis of your fitness data to optimize recommendations

AI Limitations and Accuracy

You acknowledge and agree that:

AI responses are generated automatically by machine learning models and may contain errors, inaccuracies, or limitations
AI coaching is not a substitute for professional medical advice, certified personal training, or registered dietitian services
You should verify AI recommendations with qualified healthcare or fitness professionals before acting on them
AI models may reflect biases or limitations inherent in their training data
We make no guarantees about the accuracy, completeness, reliability, or suitability of AI-generated content for your specific situation
AI recommendations are general guidance only and not personalized medical or professional advice

Third-Party AI Processing

When you use AI features:

Your fitness and health data is processed by Google Gemini's systems (a third-party service provider in the United States)
We anonymize personal identifiers when possible to protect your privacy
Google Gemini does not use your data to train their models per our Data Processing Agreement
Google Gemini is certified under the EU-US Data Privacy Framework for lawful data transfers
All data transmission uses TLS 1.3 encryption

For complete details on AI data processing, see our Privacy Policy Section 6: AI Processing & Data Use.

Your AI Consent and Control

Opt-In Required:

AI features require explicit consent during signup
By checking the AI consent box, you agree to have your data processed by Google Gemini for AI coaching

Settings Control:

You can disable AI features at any time through Settings > AI Features
Disabling AI will:
- Stop new data from being sent to Google Gemini
- Limit certain app functionality (AI coaching, AI-generated workouts)
- Preserve all your existing data and progress
You can re-enable AI features at any time

Data Deletion:

Disabling AI features stops new processing but does not delete historical AI interactions
To delete all AI conversation history, use the Account Deletion option
Google Gemini deletes your data within 30 days after processing per our agreement

Regulatory Compliance

United States: Our AI disclosures comply with FTC Section 5 requirements for transparency in automated decision-making.

European Union: For EU residents, AI processing is conducted under your explicit consent (GDPR Article 6(1)(a)) and complies with transparency requirements for automated decision-making (GDPR Article 22). You can withdraw consent at any time without affecting data processed before withdrawal.

International: We comply with applicable AI transparency regulations in your jurisdiction. AI systems are designed to avoid discriminatory outcomes and provide fair, unbiased recommendations.

18. California Residents

If you are a California resident, you are entitled to specific consumer rights information. Please refer to our Privacy Policy for details about your rights under California law.

19. Contact Information

For questions, support, or notices:

Email: support@qbod.fit
Mailing Address: QBod LLC

20. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms in their entirety
You agree to be bound by all terms and conditions
You meet the age requirements for your location
You understand QBod is not a medical service
You understand these Terms limit QBod's liability and restrict your legal rights
You accept the risks associated with fitness and wellness activities

If you do not agree, you must immediately cease using the Services.