Terms & Conditions
Last updated: January 2025
1. Acceptance of Terms
By accessing Pixelated Fitness services—including the website, waitlist, and iOS application—you agree to these Terms & Conditions (“Terms”). If you do not agree, do not use the Services. We may modify these Terms at any time by posting an updated version. Continued use after changes become effective constitutes acceptance.
2. Eligibility
You must be at least 16 years old and legally capable of entering into a binding contract. You are responsible for ensuring the Services are permitted in your jurisdiction.
3. Account Responsibilities
- Provide accurate registration information and keep it up to date.
- Maintain the confidentiality of your credentials and notify us immediately of any unauthorized access.
- You are solely responsible for all activity under your account.
4. Coaching & Health Disclaimer
Pixelated Fitness offers general fitness coaching and workout tracking. It is not a medical service, healthcare provider, or nutritionist. The Services do not diagnose, treat, cure, or prevent medical conditions. Always obtain medical clearance before beginning any exercise program and listen to your body. Stop using the Services and seek medical advice if you experience pain, dizziness, or discomfort.
5. User Conduct
You agree not to misuse the Services, including disrupting servers, attempting to access another user’s data, reverse engineering the app, or using the platform for unlawful purposes. We may suspend or terminate accounts that violate these Terms.
6. Subscription & Payments
Pricing and subscription details will be shared prior to launch. If you purchase a subscription, fees are billed in advance for the applicable period and are generally non-refundable except where required by law. You authorize us to charge the payment method on file until you cancel. You may cancel at any time, and access will continue through the end of the current billing period.
7. Intellectual Property
All content, features, and functionality, including software, text, graphics, logos, and data compilations, are owned by Pixelated Fitness and protected by intellectual property laws. You receive a limited, revocable, non-transferable license to use the Services for personal, non-commercial purposes.
8. Third-Party Services
The Services may integrate with Apple HealthKit or other third parties. Your use of third-party services is governed by their respective terms. We are not responsible for third-party content, policies, or actions.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PIXELATED FITNESS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $50.
11. Indemnification
You agree to indemnify and hold harmless Pixelated Fitness from any claims, damages, liabilities, or expenses (including legal fees) arising out of your use of the Services or violation of these Terms.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Any dispute will be resolved exclusively through binding arbitration in San Francisco County, California, except that either party may seek injunctive or equitable relief in court for intellectual property or security matters. You waive the right to participate in class actions or class-wide arbitration.
13. Termination
We may suspend or terminate access at any time without notice if we believe you breached these Terms or pose a risk to the community. You may stop using the Services at any time. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnity, and dispute resolution) will remain in effect.
14. Contact
Questions about these Terms can be sent to legal@pixelatedfitness.com.