These Terms of Use (“Terms”) are an agreement between you and SOFTPULSE SOFTWARE DESIGN L.L.C (“we”, “us”) for the Fitmocal mobile app and the website at fitmocal.com (together, the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy.
1. Who can use Fitmocal
You must be at least 13 years old to use Fitmocal. If you are under 18, or under the age of majority where you live, you need a parent or guardian’s permission. You may not use the Service if the law where you live does not allow it.
2. Your account
You can create an account with your email address and a password. If you sign in with Apple or Google, we receive what those services share with us, as described in our Privacy Policy. Give accurate information, keep your password safe and don’t share your account. You are responsible for what happens in your account. Tell us at [email protected] if you think someone else has used it.
3. Health disclaimer
Fitmocal doesn’t give medical advice. It is a general fitness and nutrition tool, not a medical device, and it does not diagnose, treat or prevent any condition.
- Talk to your doctor before you start a new exercise or diet plan, especially if you are pregnant or breastfeeding, have a health condition or an injury, have had an eating disorder or take medication.
- Calorie targets, workout programs and nutrition estimates are based on general formulas and the information you give. They are estimates, and results differ from person to person.
- Stop exercising and get medical help if you feel pain, dizziness, shortness of breath or discomfort.
- You are responsible for training safely, with suitable equipment and space.
4. AI features
AI features can make mistakes and have daily limits. Workout programs are built with AI, and the AI coach and photo meal logging give suggestions and estimates. Check them before you rely on them, and never use them in an emergency. AI features may be temporarily unavailable, for example when a usage limit is reached.
5. Premium
Premium is an optional subscription that adds features to Fitmocal. The features currently included are listed in the app. Today they are the AI coach, photo meal logging, Adjust Today, switching programs, detailed nutrition and habit reports, and rebuilding your plan with AI. Some Premium features, such as the AI coach and photo meal logging, have daily limits, which are shown in the app.
- Premium is sold through the App Store or Google Play and charged to your store account.
- The subscription renews automatically at the end of each period unless you cancel it at least 24 hours before the period ends. You can manage and cancel it in your store’s subscription settings.
- The price is shown in the app before you buy. If it changes, the store tells you before the change applies.
- We may offer a free trial. If you don’t cancel before the trial ends, the paid subscription starts.
- Refunds are handled by Apple or Google under their policies.
- Deleting the app or your account doesn’t cancel your subscription.
6. Your content
You keep ownership of what you add to Fitmocal, such as meal photos, notes and messages to the AI coach. You allow us to store and process this content to provide the Service, including sending it to our AI provider as described in the Privacy Policy. Only add photos you have the right to use, and don’t add other people’s personal information.
7. Acceptable use
Don’t:
- break the law or anyone’s rights while using the Service;
- try to access other accounts, our systems or data you are not allowed to see;
- copy, scrape, reverse engineer or resell any part of the Service;
- get around limits, security features or the subscription;
- use the AI coach to create harmful, hateful or illegal content;
- interfere with the Service or other people’s use of it.
8. Exercise content
The exercise videos, images and instructions in Fitmocal are licensed to us. You may view them in the app for your own personal, non-commercial use. Don’t copy, download, share or publish them, and don’t use them to train AI models. The Fitmocal name, logo and design belong to us.
9. Changes to the Service and these Terms
We improve Fitmocal over time and may add, change or remove features. We may also update these Terms. If a change is significant, we will tell you in the app or by email before it takes effect. If you keep using the Service after that, the updated Terms apply.
10. Ending your use
You can stop using Fitmocal at any time and delete your account in the app (Settings, then Account and Privacy, then Delete my account) or on our account deletion page. We may suspend or close an account that breaks these Terms or puts others at risk. The sections on content, disclaimers, liability and governing law continue to apply after your account ends.
11. Disclaimers
The Service is provided “as is” and “as available”. To the extent the law allows, we make no promises that it will meet your goals, that estimates and AI output will be accurate or that it will always be available or free of errors.
12. Limitation of liability
To the extent the law allows, we are not liable for indirect, incidental or consequential losses, or for loss of data, profits or goodwill. Our total liability for any claim related to the Service is limited to the amount you paid us for the Service in the 12 months before the claim. Nothing in these Terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.
13. Governing law
These Terms are governed by the laws of the Emirate of Dubai, United Arab Emirates, and disputes are handled by the courts of the Emirate of Dubai, United Arab Emirates. If you are a consumer, you keep the protection of the mandatory laws of the country where you live.
14. App Store terms
If you downloaded Fitmocal from Apple’s App Store, the following also applies:
- These Terms are between you and SOFTPULSE SOFTWARE DESIGN L.L.C, not Apple. Apple is not responsible for Fitmocal or its content.
- You may use Fitmocal on Apple devices you own or control, as the App Store Terms of Service allow.
- Apple has no obligation to provide maintenance or support for Fitmocal.
- If Fitmocal fails to meet a warranty that applies, you can tell Apple, and Apple will refund the purchase price, if any. Apple has no other warranty obligation for Fitmocal.
- SOFTPULSE SOFTWARE DESIGN L.L.C, not Apple, is responsible for handling claims about Fitmocal, including product liability claims, claims that it fails to meet legal or regulatory requirements and consumer protection claims.
- If someone claims that Fitmocal infringes their intellectual property rights, SOFTPULSE SOFTWARE DESIGN L.L.C, not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.
- You confirm that you are not located in a country subject to a U.S. government embargo or listed as a terrorist-supporting country, and that you are not on any U.S. government list of prohibited or restricted parties.
- You must follow any third-party terms that apply when you use Fitmocal.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and can enforce them against you.
If you downloaded Fitmocal from Google Play, the Google Play Terms of Service also apply to your download.
15. Contact us
For questions about these Terms or Fitmocal, email [email protected].
- Company: SOFTPULSE SOFTWARE DESIGN L.L.C
- Address: Office No. 40E, Port Saeed, Deira, Dubai, United Arab Emirates
- Phone: +971 50 362 5858
- Email: [email protected]