Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using ProVision Fit ("the App" or "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not use the App. These Terms constitute a legally binding agreement between you and ProVision Fit ("we," "us," or "our").

2. Description of Service

ProVision Fit is an AI-powered fitness and nutrition application that provides:

• AI-powered food logging through photos, text, or conversation
• Personalized AI coaching through "Vision," our intelligent assistant
• Weight tracking and body progress monitoring
• Workout recommendations and real-time coaching
• Nutritional analysis and health insights
• A rewards program where users earn coins redeemable for merchandise
• Integration with Apple Health

3. Eligibility

You must be at least 13 years old (or 16 in the European Economic Area) to use ProVision Fit. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. Account Registration

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

• Provide accurate, current, and complete registration information
• Maintain and update your information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

5. Subscription & Payments

ProVision Fit is a subscription-based service. By subscribing, you agree to the following:

5.1 Subscription Plans

• Monthly Plan: Billed monthly at the current rate
• Annual Plan: Billed annually at a discounted rate

Current pricing is displayed in the App and may vary by region.

5.2 Billing

• Payments are processed through Apple App Store or Google Play Store
• You authorize automatic recurring charges to your payment method
• Prices may change with notice; continued use constitutes acceptance

5.3 Auto-Renewal

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You can manage and cancel subscriptions in your device's App Store or Play Store settings.

5.4 Refunds

Refunds are handled by Apple or Google according to their respective refund policies. We do not directly process refunds for in-app purchases.

6. Free Trial

We offer a 7-day free trial for new users:

• The trial provides full access to all premium features
• You will not be charged during the trial period
• If you do not cancel before the trial ends, your subscription will begin and you will be charged
• You may cancel at any time during the trial through your device's subscription settings
• Free trials are limited to one per user/device; we reserve the right to limit trial abuse

7. Rewards Program

ProVision Fit includes a rewards program where users earn virtual coins:

7.1 Earning Coins

• Coins are earned by completing activities (logging meals, workouts, challenges, etc.)
• Coin values and earning rates are set by us and may change
• Coins have no cash value and cannot be exchanged for money

7.2 Redeeming Coins

• Coins can be redeemed for merchandise in our rewards shop
• Merchandise availability and coin costs are subject to change
• Shipping is provided at no additional cost where available
• Redeemed items are non-refundable except as required by law

7.3 Program Changes

We reserve the right to modify, suspend, or discontinue the rewards program at any time. Unused coins may expire if your account is inactive for 12 consecutive months or upon account termination.

8. Health Disclaimer

• Always consult a qualified healthcare provider before starting any diet, exercise, or wellness program
• If you have medical conditions, are pregnant, or have health concerns, seek professional medical advice
• Nutritional estimates from AI analysis are approximations and may not be exact
• Stop any exercise immediately if you experience pain, discomfort, dizziness, or other warning signs
• The App is not intended to diagnose, treat, cure, or prevent any disease
• AI recommendations should not replace professional medical judgment

9. AI-Generated Content

ProVision Fit uses artificial intelligence extensively:

• AI-generated nutritional analysis, coaching advice, and recommendations may contain errors or inaccuracies
• You should verify important information independently
• AI responses are personalized based on your data but are not infallible
• We continuously work to improve accuracy but cannot guarantee perfection
• You acknowledge that AI technology has inherent limitations

10. User Conduct

You agree NOT to:

• Use the App for any unlawful purpose or in violation of any laws
• Attempt to reverse engineer, decompile, or disassemble the App
• Circumvent, disable, or interfere with security features
• Use automated systems (bots, scrapers) to access the App
• Transmit viruses, malware, or harmful code
• Impersonate others or misrepresent your identity
• Share your account credentials with others
• Exploit bugs or glitches to gain unfair advantages in the rewards program
• Harass, abuse, or harm other users or our staff
• Use the App in any way that could damage or overburden our systems

11. User Content

You retain ownership of content you submit (photos, data, messages). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, process, and store your content to provide and improve the Service
• Analyze content with AI to deliver features
• Create anonymized, aggregated data for analytics and improvements

You represent that you have the right to submit such content and that it does not violate any third-party rights or applicable laws.

12. Intellectual Property

All content, features, functionality, trademarks, logos, and software comprising ProVision Fit are owned by us or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without our express written permission. "ProVision Fit," "Vision," and related marks are our trademarks.

13. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the App will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of any content or AI-generated information
• Warranties that defects will be corrected

Some jurisdictions do not allow disclaimer of implied warranties, so some of the above may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVISION FIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, goodwill, or other intangible losses
• Any damages resulting from unauthorized access to your account or data
• Any damages resulting from AI-generated content or recommendations
• Any damages exceeding the amount you paid us in the 12 months prior to the claim

Some jurisdictions do not allow limitation of liability, so some of the above may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless ProVision Fit and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Content.

16. Arbitration & Class Action Waiver

16.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if they qualify.

16.2 Class Action Waiver

YOU AND PROVISION FIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.3 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@provision.fit within 30 days of first accepting these Terms.

17. Termination

We may terminate or suspend your account and access to the App:

• At our sole discretion, with or without cause, with or without notice
• If you violate these Terms
• If we discontinue the Service

Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive termination shall survive (including disclaimers, limitations of liability, and arbitration provisions).

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes through the App, via email, or by updating the "Last updated" date. Your continued use of the App after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the App.

20. Contact Us

If you have questions about these Terms of Service, please contact us: