NWFIT AI
TERMS & CONDITIONS
When you access/use our Website, App, and Services, you agree to be bound by these Terms and Conditions.
To understand how we collect, use, and process your data, visit our Privacy Policy at:
https://nwfit.ai/privacy-policy
2. DEFINITIONS
In the interpretation of these Terms, the following definitions shall apply:
'Account' shall mean an account enabling a User to access and use our Website and mobile app.
'App' / 'Mobile App' shall mean our mobile app at: https://apps.apple.com/us/app/nwfit-fitness-weight-loss/id6475285888
'A.I Fitness Coach' shall mean the functionality that provides Users with personalized workout plans.
'Agreement' / 'Terms' / 'Terms and Conditions' shall mean All Terms and conditions contained in this document.
'Customer'/ 'User'/ 'You' shall mean the individual who accesses, and uses our Website and mobile app and subscribes to our Services.
'Custom Challenge Brochure' shall mean the information displayed on the App to the Users when a new Custom Challenge goes live.
'Daily Challenge Brochure' shall mean the information displayed on the App to the Users when a new Daily Challenge goes live.
'Fees' shall mean the fees we charge for our Services.
'Free Trial' shall mean the 7-day period during which the Users can use the A.I Fitness Coach functionality free of charge.
'Service'/ 'Services' shall mean all of the services, whether paid or free, that are made available to the Users through our Website, Mobile App, or Software.
'Subscription' / 'Subscription Service' shall mean the A.I Fitness Coach Service.
'Website' shall mean https://nwfit.ai/
'Company' / 'Us' / 'We' means the entity described in section 1 of these Terms.
3. YOUR ACCEPTANCE OF THESE TERMS
By accessing or using our Website, App, Software, and Services, you agree to be bound by these Terms in their entirety.
4. SERVICES WE PROVIDE
Through our Website and Mobile App, we provide Users with the following services:
• An A.I Fitness Coach that provides Users with a personalized Work-out plan
• Functionality to enable users to participate in challenges such as daily walking challenges
• A.I body Scan Feature
We reserve the right to add, modify, or discontinue any functionality, service, feature, or any other feature or tool within our Website, App, Service, and/or Sites, solely at our own discretion and without further notice.
5. USER RESTRICTIONS AND RESPONSIBILITIES
User warrants that it shall not rent, lease, sub-license, loan, translate, sell, merge, adapt, vary, alter, modify, broadcast, redistribute, reproduce, or otherwise make available to the public in any medium the whole or any part of the Software, Services, Content, or Documentation of the Company nor permit these to be combined with or become incorporated in, any other software files or programs.
User warrants that it shall not monetize the Company's Software and/or Services and the limited license provided to the User in any way unless it is explicitly permitted under these Terms.
User warrants that it will not access or use the Company's Services in a way that is not permitted under these Terms unless Customer obtains prior written consent from Company.
Examples of prohibited conduct include but are not limited to:
In using the Company's Services, the User must:
Ensure that the Company's Services are protected at all times from misuse, damage, destruction, or any form of unauthorized use;
Keep accurate records of the use of the Company's Services, and permit the Company to inspect such records during the Term;
Notify the Company as soon as it becomes aware of any unauthorized access or use of the Company's Services.
The User warrants that it will:
Only use the Company's Services in accordance with these Terms and any Policy communicated to the Customer;
Not use the Company Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
The User warrants that all information submitted to and/or through the Company's Services is not false, inaccurate, misleading, fraudulent, deceptive, or unlawful.
The User warrants that its access to and use of the Company's Services will not infringe any Third Party's rights, including intellectual property rights, or violate any Applicable Laws (including data privacy laws).
User acknowledges that the exercises suggested by the AI may not be suitable for all individuals, particularly those with pre-existing conditions, recent surgeries, or injuries.
User acknowledges and warrants that he/she should exercise caution and avoid any activities that may negatively impact their health.
The company disclaims all liability for any injuries, discomfort, or adverse effects resulting from following the AI recommendations. Users are advised to use their own discretion and consult a professional when necessary.
Creating fake accounts or misrepresenting your identity.
Abusing the referral program by creating multiple accounts.
Exploiting vulnerabilities in the Company's services or software for personal gain.
6. Intellectual Property Rights
Title in and to the Software, App, Services, Content, and all IP Rights therein, including but not limited to, all copyright, patent, trade secret rights, and intellectual property rights shall remain in and with the Company and its licensors.
Company shall own and retain all rights, title, and interest in and to (a) the App, Website, Services, and Software, all improvements, enhancements, or modifications thereto, (b) any software, applications, invention, or other technology developed in connection with the Services or support provided through the Website or App, and (c) all intellectual property rights related to any of the foregoing.
7. Disclaimer of Warranties
The company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS OR BENEFIT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED 'AS IS' AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The information contained in the Website and App are provided on an 'as is' basis and are for informational purposes only. The Company disclaims all warranties in relation to completeness, accuracy, usefulness, or timeliness of any content, information, or advice made available on its Website or App.
No material on this site or app, including any information or advice provided by the A.I Fitness Coach is intended to be a substitute for professional medical advice, diagnosis, or treatment.
The Services, including the A.I Fitness Coach Feature, are intended to provide suggestions only. Final decisions and actions based on these suggestions, such as meal and workout plans, are the sole responsibility of the User.
The Company does not accept any liability for the Customer's reliance on the Suggestions provided by the A. I Fitness Coach.
8. Limitation of Liability
The Company shall not be liable to the User for loss of profit, business, goodwill, anticipated savings, goods, contract, use, or data; losses arising from the acts or omissions of the Company; or for any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses.
In any event, the total liability of the Company in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise arising out of or in connection with the User's use of the Company's Services shall not exceed the total amount paid to the Company during the 12-months billing period under the Subscription Terms or 300$, whichever is less. This total limit on liability shall include attorney fees, legal fees, regulatory fines, and any direct and/or indirect damages.
Each Party shall use reasonable endeavors to mitigate its losses under these Terms
The liability under this Section should be strictly limited to losses that are/were reasonably foreseeable.
9. Indemnification
User shall indemnify, defend, and hold harmless the Company (including its managing directors, board, employees, agents, contractors, and other personnel), from and against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits, or proceedings by third parties against the Company arising out of or related in any way to any breach by the User of any of the warranties and/or obligations arising out of or in relation to these Terms and its use of the Company's Services.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. The courts located in the State of Florida shall have exclusive jurisdiction over any matters arising out of or relating to these Terms or your access to and use of the Company's Services.
11. ELIGIBILITY
You warrant that:
12. BREACHES OF THESE TERMS BY YOU
In the event that you breach any of the events described in these Terms, we reserve the right to suspend or terminate your subscription and your access to our app with immediate effect, without further notice.
13. ASSIGNMENT
You may not transfer to any third party any of your rights or obligations under these Terms without our written consent.
14. NO WAIVER
A failure or delay by us to exercise any right or remedy under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
15. FORCE MAJEURE
If the Company is prevented from carrying out its services and/or obligations due to an act of God or force majeure (which shall include war, riot, civil commotion, explosion, fire, radiation, accident, government action, interruption in the supply of power, labor dispute, epidemic or other circumstances which are both beyond the Company's control and which the application of due diligence and foresight could not have prevented) the Services shall be suspended until the circumstances have ceased.
This clause also applies to unforeseen technical issues, including but not limited to server outages, third-party service provider disruptions, or failures in internet connectivity that are beyond the Company's control.
If the suspension continues for a period greater than one month, the Company may terminate the Contract upon service of one month's written notice.
16. A.I FITNESS COACH SUBSCRIPTION TERMS
These terms apply to subscriptions purchased for the A.I Fitness Coach Service through either our Mobile App or our Website. Please review the terms relevant to your purchase platform below.
For Mobile App (Apple App Store & Google Play):
• Purchases, renewals, cancellations, and refunds for mobile subscriptions are processed by Apple or Google and are governed by their respective payment terms and refund policies.
• For automatically renewing subscriptions, your payment method will be charged at the end of each billing period unless you cancel through the App Store or Play Store before renewal.
For Website (www.nwfit.ai):
• Depending on the offer displayed to you at checkout, website subscriptions may be offered as $19.99/month, $39.99 every 3 months, $59.99 every 6 months, or as a phased offer of $19.99 for the first 30 days followed by $79.99 every 3 months starting 30 days from the initial purchase date.
• We may offer limited-time introductory discounts (for example, 50% off) that are available for a short time after completing the quiz (for example, 10 minutes). Any introductory discount applies to the first billing period only and expires if you do not complete checkout before the timer ends.
• Only the specific offer shown to you at checkout applies to your purchase. You are not enrolled in multiple website pricing offers at the same time unless explicitly stated during checkout.
• After the introductory period, your subscription renews automatically at the standard rate and billing cadence shown at checkout unless you cancel before the end of the then-current period.
• The exact amount you pay, your billing period, any introductory discount, your currency, and any applicable taxes are shown before checkout and in your receipt.
• Cancellation: You can cancel online in your account settings (after you create your account) or by emailing [email protected] before the end of your current billing period to avoid renewal charges.
All prices, billing periods, introductory discounts, and renewal rates are displayed clearly on our website prior to checkout. Payments made on our website are governed by our Refund Policy and these Terms & Conditions.
17. Payment Terms
Payments for our Services can be made either through our Mobile App or directly on our Website. Please review the applicable terms for your chosen purchase platform below.
For Mobile App (Apple App Store & Google Play):
• Payments made through the App are processed by Apple or Google under their respective billing systems and are subject to the Apple App Store and Google Play Store terms, conditions, and refund policies.
• Any issues related to billing, cancellations, or refunds for App Store or Google Play purchases must be resolved directly with Apple or Google.
For Website (www.nwfit.ai):
• By completing a purchase, you authorize us to charge your chosen payment method for the amount shown at checkout, including any applicable taxes or processing fees.
• Depending on the offer shown at checkout, website subscriptions may bill as $19.99/month, $39.99 every 3 months, $59.99 every 6 months, or $19.99 for the first 30 days followed by $79.99 every 3 months.
• Subscriptions are billed in advance for each billing period (prepaid). Your subscription renews automatically at the end of each billing period unless you cancel before the end of the then-current period.
• For promotional or phased offers, any introductory price applies to the first billing period only, and later renewals are charged at the standard rate and billing cadence shown at checkout and in your receipt.
• Cancellations: You can cancel online in your account settings (after you create your account) or by emailing [email protected]. To avoid renewal charges, you must cancel before your current billing period ends. Cancellations submitted after renewal has occurred apply to the next billing period.
• Refunds for website payments are governed by our Refund Policy.
General Payment Terms:
• All prices are shown exclusive of any applicable sales tax, VAT, or other transaction-related fees, which may be added at checkout based on your billing region.
• You are responsible for any additional fees or charges that may be imposed by your payment provider or financial institution when making a payment.
• Unless required by law or stated in our Refund Policy, we do not provide prorated refunds for partial billing periods.