Terms of Service & Health Liability Waiver

1. Acceptance of Terms & Clickwrap Agreement

By creating an account, subscribing, or starting a free trial, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (including our Health & Fitness Liability Release) and our Privacy Policy.

2. Health & Fitness Liability Release (Assumption of Risk)

Inherent Risks of Exercise:

The Service provides programming centered on adaptive resistance training. Physical exercise, weightlifting, resistance training, and physical conditioning carry inherent and significant risks of physical injury, property damage, or death. You voluntarily assume all known and unknown risks associated with participating in workouts generated or guided by Q-Coach.

Medical Clearance Advisory:

You represent and warrant that you are in good physical health and have no medical condition that would preclude you from engaging in heavy resistance training or physical exercise. We strongly advise all users—particularly those with pre-existing health conditions or those beginning a new strenuous exercise program—to consult a licensed physician or medical professional before beginning any new exercise or strength training program.

Release of Liability:

To the maximum extent permitted by applicable law, you, on behalf of yourself, your heirs, and assigns, hereby release, waive, and discharge Q-COACH LLC, its officers, directors, employees, agents, and contractors from any and all claims, liabilities, injuries, damages, or losses arising out of or in connection with your use of the Service, whether caused by negligence or otherwise.

3. Voice Coaching & User Responsibility Disclaimer

Nature of Software:

Q-Coach provides real-time voice guidance, load suggestions, and intensity prompts based on algorithms and self-reported effort (such as Rate of Perceived Exertion or RPE/RIR). Q-Coach is a software tool, not a live licensed personal trainer, physical therapist, or medical professional.

User Responsibility:

You remain solely and exclusively responsible for monitoring your own physical limits, maintaining proper form, selecting appropriate weights, and assessing your environment. You must stop exercising immediately if you experience pain, dizziness, shortness of breath, chest discomfort, or any other symptom of physical distress.

4. Subscriptions, Trials, and Billing

Free Trials:

New users may be offered a promotional free trial. Unless canceled before the promotional trial period ends, your account will automatically convert to a paid subscription plan ($19.99/month or $149/year, as selected at checkout).

Billing & Auto-Renewal:

Subscriptions are billed in advance through your Apple App Store account. Subscriptions auto-renew unless canceled at least 24 hours prior to the end of the current billing cycle.

Account Suspension Post-Trial:

Q-Coach operates on a pure premium subscription model. If you cancel your subscription or trial, your access to active coaching features will be suspended at the end of the billing period, and your historical data will be securely archived in accordance with our Privacy Policy so you may reactivate it later.

5. Apple App Store End-User License Agreement

To satisfy Apple App Store publishing requirements, you and Q-COACH LLC acknowledge and agree to the following minimum terms:

Acknowledgment:

These Terms are concluded between you and Q-COACH LLC only, and not with Apple Inc. ("Apple"). Q-COACH LLC, not Apple, is solely responsible for the Service and its content.

Scope of License:

The license granted to you for the Service is a limited, non-transferable license to use the application on any Apple-branded products that you own or control as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Maintenance & Support:

Q-COACH LLC is solely responsible for providing any maintenance and support services with respect to the Service. Apple has no obligation whatsoever to furnish any maintenance and support services.

Warranty:

Q-COACH LLC is solely responsible for any product warranties. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application.

Product Claims & Intellectual Property:

Q-COACH LLC, not Apple, is responsible for addressing any claims relating to the Service or your possession and/or use of the Service, including product liability claims, legal/regulatory compliance, and third-party intellectual property infringement claims.

Legal Compliance:

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Beneficiary:

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce them against you as a third-party beneficiary.

6. Intellectual Property & Acceptable Use

All software code, voice algorithms, exercise databases, text, graphics, and logos associated with Q-Coach are the exclusive property of Q-COACH LLC. You agree not to reverse engineer, copy, distribute, or modify any portion of the Service.

You may not use the Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Missouri, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

Contact Information:

For any questions regarding these Terms, please contact us at support@qcoach.fit.