📜 Terms of Service

Effective: 2026-05-15 · Last updated: 2026-05-15

These Terms of Service ("Terms") form a binding agreement between you and Carian Solutions, Inc. ("Carian Solutions", "we", "us", "our"), which operates Fit-PA (the "Service"). By creating an account or otherwise using the Service, you agree to these Terms. If you don't agree, don't use the Service.

⚠️ Important — Medical Disclaimer. Fit-PA is a fitness tracking and coaching tool. It is not a medical device and is not a substitute for professional medical advice, diagnosis, or treatment. Consult a qualified healthcare provider before starting any new exercise program, especially if you have a medical condition, are pregnant, or are taking medication. Stop exercising and seek medical attention if you experience chest pain, dizziness, shortness of breath, or other warning signs. You exercise at your own risk.

1. Eligibility

You must be at least 16 years old to use the Service. By creating an account, you represent and warrant that (a) you are at least 16, (b) you have the legal capacity to enter into these Terms, and (c) the information you provide is accurate and complete.

2. Your account

You are responsible for keeping your login credentials secure and confidential.
You are responsible for all activity that happens under your account.
You must notify us immediately via our contact form if you believe your account has been compromised.
You may not share your account with others or create accounts on behalf of someone else without authorisation.
You may not create an account if we have previously terminated your access, unless we expressly permit it.

3. Acceptable use

You agree not to:

Use the Service in violation of any law, regulation, or third-party right.
Reverse-engineer, decompile, disassemble, or attempt to derive our source code, except as expressly permitted by applicable law.
Probe, scan, or test the vulnerability of the Service without our prior written permission (responsible-disclosure reports via our contact form with "Security" topic are welcome and exempt from this restriction when made in good faith).
Send automated requests at a rate that interferes with normal operation, or attempt to bypass rate limits or other technical restrictions.
Scrape, crawl, or harvest data from the Service except via our official APIs (where provided) and within their terms.
Upload content that is illegal, infringing, harmful, defamatory, or contains malware.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Use the Service to harass, abuse, or harm other users.
Use the Service or its outputs (including AI coach responses and generated training plans) to train, fine-tune, or evaluate competing AI models.
Use the Service for any purpose other than your personal, non-commercial fitness training, unless we have given you written permission.

We may suspend or terminate accounts that violate these rules. For serious or repeated violations, we may do so without prior notice.

4. Subscriptions, fees, and Pro Early Access

Fit-PA currently offers all features at no charge to early-access users during our launch period ("Pro Early Access"). We reserve the right to introduce paid plans in the future.

If we introduce paid plans:

You will receive clear notice before any charges apply.
You will only be charged if you explicitly opt in to a paid plan. We will not auto-convert free accounts to paid plans without your consent.
Fees, billing cycles, and refund terms will be disclosed at the point of purchase.
Except where required by law or expressly stated, fees are non-refundable.
We may change pricing for future billing periods with reasonable advance notice (typically 30 days).
Taxes are your responsibility except where we are required to collect them.

5. Your content

You retain ownership of the data you upload to or generate through the Service — activities, workouts, goals, coaching messages, and other content ("Your Content").

You grant us a limited, worldwide, royalty-free, non-exclusive licence to host, store, process, transmit, display, and create derivative works of Your Content solely to operate, secure, and improve the Service for you. This licence ends when you delete the content or your account, except where we are legally required to retain it (see our Privacy Policy) or where the content has already been incorporated into anonymised, aggregated insights that cannot reasonably be removed.

We may use aggregated, anonymised data derived from Your Content to improve the Service. Aggregated data does not identify you and is not Your Content.

6. AI-generated content

The Service uses AI to generate coaching responses, training plans, summaries, and similar outputs ("AI Output"). AI Output is generated based on your data and general training principles. AI Output:

Is not medical advice, professional coaching advice, nutrition advice, or psychotherapy.
May be inaccurate, incomplete, or out of date. Use your judgement.
Should be cross-checked with a qualified professional for any decision that materially affects your health or training.

As between you and us, you may use AI Output for your personal, non-commercial training without further restriction. You may not use AI Output to train, fine-tune, or evaluate competing AI models.

7. Feedback

If you send us feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use them without restriction. We are not obligated to use your feedback, and you are not entitled to compensation if we do.

8. Intellectual property

The Service — including the software, design, branding, logos, training methodology, and content we provide — is owned by us or our licensors and is protected by intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or branding. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, non-commercial training, subject to these Terms.

9. Copyright complaints (DMCA)

If you believe content on the Service infringes your copyright, submit a notice through our contact form (topic: Legal) containing the information required under 17 U.S.C. §512(c)(3), including: identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a good-faith statement, a statement under penalty of perjury that the information is accurate and you are authorised to act, and your physical or electronic signature. We will respond in accordance with the DMCA.

10. Third-party integrations

The Service connects to third-party services (Garmin, Coros, Polar, Suunto, Google, AI providers, and others) at your option. Your use of those services is governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, or actions of third-party services. If a third-party service becomes unavailable or changes its terms, we may need to modify or remove the related integration.

11. Service availability and changes

We work hard to keep the Service available and reliable, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or reasons outside our control. We may modify, suspend, or discontinue features at any time. For material changes that significantly reduce functionality, we will provide reasonable advance notice where practical.

12. Beta features

We may offer features identified as "beta", "preview", or similar. Beta features are provided as-is, may change or be removed at any time, and may be less stable than generally available features. Feedback on beta features is appreciated.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your account if you violate these Terms, if required by law, if necessary to protect the Service or other users, or if we cease to offer the Service. We will give you reasonable notice and an opportunity to export your data, except in cases of serious abuse or where prior notice is impractical.

Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

14. Disclaimers

THE SERVICE 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. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT METRICS, ANALYTICS, OR AI OUTPUT WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PARTICULAR PURPOSE. ANY DECISIONS YOU MAKE BASED ON THE SERVICE ARE YOUR RESPONSIBILITY.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CARIAN SOLUTIONS, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, REVENUE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.

16. Indemnification

You agree to indemnify, defend, and hold harmless Carian Solutions, Inc. and its officers, directors, employees, and agents from any claim, damage, loss, liability, or expense (including reasonable legal fees) arising from (a) your violation of these Terms, (b) your violation of any law or third-party right, or (c) your misuse of the Service.

17. Governing law and venue

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law principles. The exclusive venue for any dispute arising out of or related to these Terms or the Service shall be the state or federal courts located in San Francisco County, California, and you consent to personal jurisdiction there — except where you have a non-waivable right under applicable law to bring a claim in your home jurisdiction.

18. Informal dispute resolution

Before filing a formal claim, you and we agree to try in good faith to resolve any dispute by reaching out through our contact form. We will attempt to resolve the dispute within 60 days of receiving notice.

19. Force majeure

We are not liable for any failure or delay in performance caused by events outside our reasonable control, including natural disasters, war, terrorism, civil unrest, government action, labour disputes, internet or telecommunications failures, or acts of third-party service providers.

20. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law. Any prohibited assignment is void.

21. Severability and waiver

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of our right to do so later.

22. Entire agreement

These Terms, together with our Privacy Policy and any other policies referenced in the Service, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

23. Notices

We may give notice to you by email, by posting in the app, or by another reasonable means. You may give notice to us through our contact form or by mail to the address on our Contact page.

24. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email and/or a prominent notice in the app at least 14 days before the change takes effect. Continued use of the Service after the effective date means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

25. Contact

Questions about these Terms: use our contact form.

Carian Solutions, Inc.

Fit-PA