Terms of Use

Effective date: January 11, 2025

Last updated: January 20, 2026

Table of Contents

1. Introduction
2. Registration and Eligibility
3. Important Health Disclaimers and Release of Liability
4. Your Use of Our Services
5. Body Scan and AI Analysis
6. Subscriptions and Payments
7. License
8. Intellectual Property
9. User Content
10. Prohibited Conduct
11. Indemnification
12. Disclaimer of Warranties
13. Limitation of Liability
14. Third-Party Services
15. Termination
16. Dispute Resolution
17. Jurisdiction-Specific Provisions
18. General Provisions
19. Contact Us

Introduction

Welcome to Fitless. Fitless is an AI-powered personal fitness training platform that delivers personalized workouts through body analysis and computer vision technology.

These Terms of Use ("Terms") govern your access to and use of our website at fitless.ai and the Fitless application (collectively, the "Services") provided by OPALLOO INOVACOES LTDA (CNPJ: 53.284.020/0001-06), a company registered in Brazil ("Company", "Fitless", "we", "us", or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.

If you have any questions about these Terms, please contact us at support@fitless.ai.

1. Registration and Eligibility

Minimum Age

You must be at least 18 years old to use our Services. Our Services are not directed at, or intended for, children under 18. If you are aware of anyone under 18 using the Services, please contact us at support@fitless.ai, and we will take steps to delete their account.

Account Registration

To use certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information.
• Maintain and update your information to keep it accurate.
• Keep your login credentials confidential and not share them with others.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.

2. Important Health Disclaimers and Release of Liability

PLEASE READ THIS SECTION CAREFULLY BEFORE USING OUR SERVICES. THIS SECTION CONTAINS A RELEASE OF LIABILITY AND ASSUMPTION OF RISK THAT AFFECTS YOUR LEGAL RIGHTS.

General Health Disclaimer

Our Services provide general fitness information for educational purposes only. Fitless is NOT a medical provider, healthcare service, or substitute for professional medical advice, diagnosis, or treatment.

WE DO NOT PROVIDE MEDICAL ADVICE. The workout plans, exercise recommendations, and body analysis provided through our Services are generated by artificial intelligence and are intended as general guidance only. They are not tailored medical prescriptions and should never be treated as such.

Always consult your physician or qualified healthcare provider before:

• Starting any new exercise program.
• Making changes to your diet or nutrition.
• If you have any health concerns or medical conditions.
• If you experience any pain, discomfort, or adverse symptoms during exercise.

Assumption of Risk

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF FITLESS AND PARTICIPATION IN ANY EXERCISE PROGRAM IS AT YOUR SOLE RISK.

Physical exercise carries inherent and significant risks, including but not limited to:

• Serious injury or death from cardiovascular events, falls, or improper exercise technique.
• Permanent disability from accidents or pre-existing conditions aggravated by exercise.
• Risk of injury or physical harm including muscle tears, ligament damage, and joint injuries.
• Aggravation of pre-existing conditions (known or unknown).
• Adverse effects from over-exertion, dehydration, or heat exhaustion.
• Muscle soreness, strains, sprains, fractures, or other musculoskeletal injuries.
• Improper use of exercise equipment or incorrect exercise form leading to injury.

BY USING OUR SERVICES, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH PHYSICAL EXERCISE, WHETHER OR NOT DESCRIBED ABOVE, INCLUDING RISKS THAT MAY ARISE FROM THE NEGLIGENCE OF FITLESS OR OTHERS, AND AGREE THAT FITLESS SHALL NOT BE LIABLE FOR ANY INJURY, ILLNESS, DEATH, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES.

We strongly recommend consulting a healthcare professional before beginning any fitness regimen, especially if you:

• Are over 35 years of age.
• Have been inactive for an extended period.
• Have a history of heart disease, high blood pressure, or other cardiovascular conditions.
• Are pregnant or nursing.
• Have diabetes or other metabolic conditions.
• Are currently taking medication.
• Have any injuries or physical limitations.
• Have a family history of heart disease or sudden death.
• Have respiratory conditions such as asthma.

Release and Waiver of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE FITLESS, OPALLOO INOVACOES LTDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH THAT MAY BE SUSTAINED BY YOU OR YOUR PROPERTY WHILE USING OUR SERVICES OR FOLLOWING ANY WORKOUT PLAN OR RECOMMENDATION PROVIDED THROUGH THE SERVICES.

This release includes, but is not limited to:

• Injuries resulting from following exercise recommendations.
• Injuries resulting from incorrect exercise technique or form.
• Injuries resulting from use of exercise equipment.
• Aggravation of pre-existing injuries or conditions.
• Injuries caused by AI-generated content that may be inaccurate or inappropriate for your specific circumstances.
• Injuries caused by your failure to follow proper safety precautions.
• Any cardiovascular events, including heart attack or stroke.
• Death occurring during or after exercise performed based on our recommendations.

AI-Generated Content Disclaimer

CRITICAL WARNING: Our workout plans and recommendations are generated using artificial intelligence. AI systems have significant limitations and may produce recommendations that are inappropriate, inaccurate, or dangerous for your specific situation.

You understand and acknowledge that AI-generated content:

• May contain errors, inaccuracies, or inappropriate recommendations that could lead to injury.
• Cannot assess your physical condition, form, or technique during exercise.
• Cannot account for all individual circumstances, including undisclosed health conditions, fatigue levels, or environmental factors.
• Is NOT personalized medical advice and should never be treated as such.
• Cannot replace the judgment of a qualified fitness professional who can observe and correct your form.
• May recommend exercises that are too advanced or inappropriate for your current fitness level.
• Cannot monitor your body's responses during exercise or detect warning signs of injury or medical emergency.

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR EVALUATING WHETHER ANY EXERCISE IS SAFE AND APPROPRIATE FOR YOU. YOU AGREE THAT YOU WILL NOT HOLD FITLESS LIABLE FOR ANY INJURY, HARM, ILLNESS, DEATH, OR DAMAGES OF ANY KIND RESULTING FROM FOLLOWING AI-GENERATED RECOMMENDATIONS.

Your Responsibility for Safe Exercise

YOU ARE SOLELY RESPONSIBLE FOR:

• Determining whether each exercise is safe and appropriate for you.
• Using proper form and technique for all exercises.
• Selecting appropriate weights and resistance levels.
• Warming up properly before exercise and cooling down after.
• Staying hydrated and taking appropriate rest periods.
• Stopping immediately if you experience pain, dizziness, shortness of breath, chest discomfort, or any other warning signs.
• Seeking immediate medical attention if you experience any symptoms of a medical emergency.
• Ensuring any equipment you use is in safe working condition.
• Exercising in a safe environment.

Emergency Protocol

IF YOU EXPERIENCE ANY OF THE FOLLOWING DURING OR AFTER EXERCISE, STOP IMMEDIATELY AND SEEK EMERGENCY MEDICAL ATTENTION:

• Chest pain, pressure, or tightness
• Severe shortness of breath
• Dizziness, lightheadedness, or feeling faint
• Irregular or racing heartbeat
• Severe or unusual pain
• Numbness or tingling in arms or legs
• Confusion or difficulty speaking
• Loss of consciousness

FITLESS IS NOT AN EMERGENCY SERVICE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER (911 IN THE US, 192 IN BRAZIL, 112 IN THE EU) IMMEDIATELY.

Medical Affirmation and Self-Certification

By using our Services, you affirm and certify that either:

1. Your physician has specifically approved your use of exercise programs like Fitless and has determined that you are physically capable of participating in physical exercise; OR
2. ALL of the following statements are true:
   • No physician has informed you that you have a heart condition or should only do physical activities recommended by a physician.
   • You have never felt chest pain when engaging in physical activity.
   • You have not experienced chest pain when not engaged in physical activity at any time within the past month.
   • You have never lost your balance because of dizziness or lost consciousness as a result of exertion.
   • You do not have a bone or joint problem that could be made worse by a change in physical activity.
   • Your physician is not currently prescribing drugs for blood pressure or a heart condition.
   • You do not have a history of high blood pressure.
   • You have no history of heart disease, stroke, or other cardiovascular conditions.
   • You have no respiratory conditions that may be affected by exercise.
   • You are not pregnant or have been cleared by your physician for exercise if pregnant.
   • You do not know of any other reason you should not exercise.
   • You understand that you are solely responsible for determining whether each exercise is safe for you.

IF ANY OF THESE STATEMENTS ARE NOT TRUE, YOU MUST CONSULT WITH YOUR PHYSICIAN BEFORE USING OUR SERVICES.

3. Your Use of Our Services

Permitted Use

You may use our Services only for lawful, personal, non-commercial purposes in accordance with these Terms. You agree to comply with all applicable laws and regulations.

Privacy

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference.

4. Body Scan and AI Analysis

How It Works

Our Services include an AI-powered body analysis feature that:

1. Allows you to upload photographs of yourself (front and side views).
2. Analyzes your body composition using artificial intelligence.
3. Generates personalized workout recommendations based on the analysis.

Image Handling and Privacy

We take your privacy seriously regarding body scan images:

• Immediate Deletion: Your body scan images are automatically deleted immediately after AI analysis is complete.
• Maximum Retention: As an additional safeguard, any images are permanently deleted within 24 hours maximum.
• No Human Review: Your images are processed by AI systems only and are not viewed by our staff unless you specifically request support assistance.
• Encrypted Storage: During the brief processing period, images are stored in encrypted, private storage accessible only to you and our analysis system.

Your Consent

By uploading body scan images, you:

• Confirm you are the person in the photographs or have consent from the person depicted.
• Understand the images, along with your health profile data (height, weight, age, gender, fitness level, and health conditions), will be sent to Google's AI service (Gemini) for body composition analysis and workout generation.
• Acknowledge that Google processes this data solely for this analysis and does not retain your images.
• Acknowledge that only the numerical results (not the images) are retained after analysis.
• Agree that we may use anonymized, aggregated data to improve our AI models.

5. Subscriptions and Payments

Subscription Plans

We offer various subscription plans, including monthly, annual, and lifetime options. Current pricing and features are displayed on our website and within the app.

Free Trial

We offer a 7-day free trial for new users. Unless you cancel before the trial ends, you will be automatically charged the subscription fee for your selected plan.

Payment Processing

• Payments are processed securely through Stripe.
• By subscribing, you authorize us to charge your selected payment method.
• All prices are displayed in the applicable currency at checkout.
• You are responsible for any applicable taxes.

Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel. You will be charged the then-current subscription rate.

Cancellation

You may cancel your subscription at any time:

• Through your account settings on our website.
• By contacting us at support@fitless.ai.

Important: Deleting the app does not cancel your subscription. To avoid future charges, you must explicitly cancel your subscription.

Refund Policy

We offer a 30-day refund window from the date of purchase. If you are not satisfied with our Services, you may request a full refund within 30 days by contacting support@fitless.ai.

After the 30-day period:

• Monthly subscriptions: No partial refunds for the current billing period.
• Annual subscriptions: Refunds may be considered on a case-by-case basis.
• Lifetime subscriptions: No refunds after the 30-day window.

Price Changes

We may change subscription prices at any time. We will provide reasonable advance notice of any price changes. If you do not agree to a price increase, you may cancel before the new price takes effect.

6. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our Services for your personal, non-commercial use.
• Download and install our mobile application on devices you own or control.

This license does not include the right to:

• Modify, copy, or create derivative works based on our Services.
• Sublicense, sell, resell, or commercially exploit our Services.
• Use our Services to develop competing products or services.

7. Intellectual Property

Our Content

All content, features, and functionality of our Services, including but not limited to:

• Software, code, and algorithms.
• Text, graphics, logos, and images.
• Workout plans and exercise databases.
• AI models and analysis systems.
• User interface design and layout.

are owned by Fitless or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Trademarks

"Fitless", the Fitless logo, and other Fitless marks are trademarks of OPALLOO INOVACOES LTDA. You may not use our trademarks without our prior written permission.

8. User Content

Your Content

You may submit content to our Services, including:

• Profile information and photos.
• Body scan images.
• Workout logs and progress data.
• Feedback and reviews.

License to Us

By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content as necessary to provide and improve our Services. This license continues even after you stop using our Services, but only for content that has been anonymized or aggregated.

Your Responsibilities

You are solely responsible for your content. You represent and warrant that:

• You own or have the necessary rights to submit the content.
• Your content does not violate any third party's rights.
• Your content complies with these Terms and applicable laws.

9. Prohibited Conduct

You agree not to:

• Use our Services for any unlawful purpose.
• Violate any applicable laws or regulations.
• Infringe on the rights of others.
• Submit false, misleading, or inaccurate information.
• Upload malicious code, viruses, or harmful content.
• Attempt to gain unauthorized access to our systems.
• Interfere with or disrupt our Services.
• Reverse engineer, decompile, or disassemble our software.
• Scrape, harvest, or collect data from our Services without permission.
• Use automated systems (bots) to access our Services.
• Harass, threaten, or harm other users.
• Impersonate any person or entity.
• Use our Services to send spam or unsolicited messages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fitless, OPALLOO INOVACOES LTDA, its officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Your use of our Services, including any exercise or physical activity performed based on our recommendations.
• Any injury, illness, death, or damage sustained by you or any third party in connection with your use of the Services.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your violation of any third party's rights.
• Any content you submit to our Services.
• Your failure to follow safety precautions or medical advice.
• Your failure to consult a physician before using our Services.
• Any misrepresentation you make regarding your health status or fitness level.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
• WARRANTIES OF TITLE AND NON-INFRINGEMENT.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, SAFETY, OR COMPLETENESS OF ANY CONTENT, INCLUDING WORKOUT RECOMMENDATIONS.
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
• WARRANTIES THAT OUR WORKOUT RECOMMENDATIONS ARE SAFE, APPROPRIATE, OR EFFECTIVE FOR ANY PARTICULAR INDIVIDUAL.
• WARRANTIES THAT OUR AI SYSTEMS WILL PROVIDE ACCURATE OR ERROR-FREE RECOMMENDATIONS.
• WARRANTIES REGARDING YOUR FITNESS RESULTS, WEIGHT LOSS, MUSCLE GAIN, OR ANY OTHER HEALTH OUTCOMES.

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USING OUR SERVICES. FITNESS RESULTS VARY BY INDIVIDUAL AND DEPEND ON MANY FACTORS BEYOND OUR CONTROL.

WE ARE NOT A MEDICAL PROVIDER AND OUR SERVICES DO NOT CONSTITUTE MEDICAL ADVICE. NOTHING IN OUR SERVICES SHOULD BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR CONSULTATION WITH A QUALIFIED HEALTHCARE PROVIDER.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

FITLESS, OPALLOO INOVACOES LTDA, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
• PERSONAL INJURY, BODILY HARM, PHYSICAL DAMAGE, OR DEATH.
• MEDICAL EXPENSES OR HEALTHCARE COSTS.
• PAIN AND SUFFERING OR EMOTIONAL DISTRESS.
• LOST WAGES OR DIMINISHED EARNING CAPACITY.
• AGGRAVATION OF PRE-EXISTING CONDITIONS.
• ANY DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR SERVICES.
• ANY DAMAGES RESULTING FROM FOLLOWING WORKOUT RECOMMENDATIONS PROVIDED BY OUR SERVICES.
• ANY DAMAGES RESULTING FROM ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED CONTENT.
• ANY DAMAGES RESULTING FROM YOUR FAILURE TO FOLLOW SAFETY PRECAUTIONS OR SEEK APPROPRIATE MEDICAL ADVICE.

WITHOUT LIMITING THE FOREGOING, FITLESS SHALL NOT BE LIABLE FOR ANY INJURY, ILLNESS, DISABILITY, OR DEATH ARISING FROM OR RELATED TO YOUR PARTICIPATION IN ANY EXERCISE PROGRAM OR PHYSICAL ACTIVITY BASED ON RECOMMENDATIONS FROM OUR SERVICES, REGARDLESS OF WHETHER SUCH INJURY, ILLNESS, DISABILITY, OR DEATH RESULTS FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OTHERS.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNTS YOU ACTUALLY PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR
• ONE HUNDRED US DOLLARS (USD $100).

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FITLESS. FITLESS WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY VIABLE BASIS WITHOUT SUCH LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A CONSUMER IN THE EUROPEAN UNION, NOTHING IN THESE TERMS SHALL LIMIT YOUR STATUTORY RIGHTS UNDER APPLICABLE EU CONSUMER PROTECTION LAWS.

13. Third-Party Services

Our Services may contain links to or integrations with third-party websites, applications, or services, including:

• Payment processors (Stripe).
• AI services (Google Gemini, accessed via OpenRouter) for body analysis, workout generation, and workout import processing.
• Analytics providers.

We do not control and are not responsible for third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

14. Termination

By You

You may terminate your account at any time by:

• Deleting your account through the app settings.
• Contacting us at support@fitless.ai.

By Us

We may suspend or terminate your account at any time, with or without cause or notice, if we believe you have violated these Terms or for any other reason at our sole discretion.

Effect of Termination

Upon termination:

• Your license to use our Services immediately ends.
• We may delete your account and associated data (subject to our data retention policies).
• Provisions that by their nature should survive termination will continue to apply.

15. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Brazil, without regard to conflict of law principles. However, if you are a consumer in the European Union, the mandatory consumer protection laws of your country of residence shall apply to the extent they provide greater protection.

Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@fitless.ai to attempt to resolve the dispute informally. We will try to resolve the dispute within 30 days.

Jurisdiction

For users in Brazil, any disputes shall be resolved in the courts of Sao Paulo, SP, Brazil.

For users in the European Union, you may also have rights under EU consumer protection laws and may bring claims in your country of residence.

For users in other jurisdictions, you agree to submit to the personal jurisdiction of the courts located in Sao Paulo, SP, Brazil.

Arbitration (United States Users)

FOR USERS LOCATED IN THE UNITED STATES: You and Fitless agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved through binding individual arbitration, rather than in court, except that either party may seek injunctive relief in court.

YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules. The arbitration shall take place in a location mutually agreed upon or, if no agreement can be reached, via videoconference. Each party shall bear their own costs, except as otherwise required by law.

Exceptions to Arbitration: Either party may bring claims in small claims court if eligible. This arbitration agreement does not apply to claims where arbitration agreements are prohibited by law.

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

This waiver does not apply in jurisdictions where class action waivers are prohibited or unenforceable, including for consumers in the European Union and Brazil.

16. Jurisdiction-Specific Provisions

For Users in Brazil

If you are a consumer residing in Brazil, the following applies:

• Consumer Protection: The Brazilian Consumer Defense Code (Código de Defesa do Consumidor - CDC) provides you with statutory rights that cannot be waived. To the extent any provision of these Terms conflicts with the CDC, the CDC shall prevail.
• Liability: Under Brazilian law, our liability for defects in the Services is governed by the CDC. The limitation of liability provisions in Section 12 apply only to the maximum extent permitted by Brazilian law.
• Right of Withdrawal: You have the right to cancel your subscription within 7 days of purchase for any reason, in accordance with Article 49 of the CDC.
• Your Responsibility: While Brazilian law protects consumers, you acknowledge that you are solely responsible for ensuring that physical exercise is safe for you. Our disclaimers and warnings about consulting a physician are designed to inform you of the inherent risks of exercise, which exist regardless of any legal protections.

For Users in the European Union (including Spain)

If you are a consumer residing in the European Union, the following applies:

• Consumer Rights: You have statutory rights under EU consumer protection law, including the Unfair Contract Terms Directive and the Consumer Rights Directive. Nothing in these Terms shall limit these rights.
• Right of Withdrawal: You have the right to withdraw from your subscription within 14 days of purchase without giving any reason, in accordance with EU consumer law.
• Liability: The limitation of liability provisions in Section 12 apply only to the maximum extent permitted by applicable EU and national law. In particular, we do not exclude or limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under applicable law.
• Dispute Resolution: You may also refer complaints to an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.
• Your Responsibility: While EU law protects consumers, you acknowledge that physical exercise carries inherent risks. Our health disclaimers and warnings about consulting a physician are intended to ensure you make informed decisions about your health, not to circumvent your legal rights.

For Users in the United States

If you are a resident of the United States, the following applies:

• The arbitration clause and class action waiver in Section 15 shall apply to the fullest extent permitted by law.
• Some states (including Connecticut, Virginia, Montana, Louisiana, and Arizona) may limit the enforceability of liability waivers for fitness services. In such states, our liability limitations apply only to the maximum extent permitted.
• California residents have specific rights under the California Consumer Privacy Act (CCPA) as described in our Privacy Policy.

Acknowledgment of Inherent Risks

REGARDLESS OF YOUR JURISDICTION, YOU ACKNOWLEDGE AND AGREE THAT:

1. Physical exercise carries inherent risks of injury, illness, or death that exist independently of any services we provide.
2. Our AI-generated workout recommendations are general guidance and cannot account for your specific physical condition, medical history, or circumstances.
3. You are solely responsible for determining whether any exercise is safe and appropriate for you.
4. Consulting a qualified healthcare provider before beginning any exercise program is your responsibility, not ours.
5. Our health disclaimers are provided in good faith to inform you of these risks and help you make safe decisions.

17. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fitless regarding your use of our Services.

Severability

If any provision of these Terms is found to be unenforceable in any jurisdiction, the remaining provisions will continue in full force and effect. Any unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or shall be severed if modification is not possible.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Notices

We may provide notices to you via email, in-app notifications, or by posting on our website. You may contact us at the address provided below.

Language

These Terms may be available in multiple languages. In case of any discrepancy, the English version shall prevail.

Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website.
• Sending you an email notification.
• Displaying a notice in the app.

Your continued use of our Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using our Services.

18. Contact Us

If you have any questions, comments, or concerns about these Terms, please contact us:

OPALLOO INOVACOES LTDA

Avenida Brigadeiro Faria Lima, 1811 - Cj 115 Jardim America - CEP 01452-001 Sao Paulo - SP, Brazil

CNPJ: 53.284.020/0001-06

Email: support@fitless.ai

These Terms of Use are available in multiple languages. In case of any discrepancy, the English version shall prevail.