TERMS AND CONDITIONS

Last Updated: October 30, 2024

Welcome to FitWave Fitness LLC. Please read these Terms and Conditions (“Terms”) carefully before using our mobile application (the “App”) and services (the “Services”). By accessing or using our App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the App or Services.

1. Acceptance of Terms These Terms constitute a legally binding agreement between you and FitWave Fitness LLC (“FitWave,” “we,” “us,” or “our”). By accessing or using our App and Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy.

2. Eligibility You must be at least 18 years old to use our App and Services. By using our App, you represent and warrant that you meet this age requirement and have the authority to enter into this agreement.

3. Description of Services FitWave provides a platform for fitness trainers and their clients to create personalized fitness and dietary plans, track progress, and engage in direct communication. Trainers can use our platform to offer customized programs, and clients can access these programs and track their fitness journey.

4. User Accounts To access certain features of the App, you must create a user account. You agree to:

• Provide accurate, current, and complete information during the registration process

• Maintain and update your account information as necessary

• Keep your login credentials secure and confidential

• Notify us immediately of any unauthorized use of your account or any other security breach

You are responsible for all activities that occur under your account.

5. Personal Trainers and Health Information FitWave is not a healthcare provider and does not provide medical advice. Most personal trainers on our platform are not considered healthcare providers under the Health Insurance Portability and Accountability Act (HIPAA). Therefore, FitWave and trainers using the App are not covered entities under HIPAA, and HIPAA protections do not apply to your data on this platform.

6. User Conduct and Responsibilities By using our App and Services, you agree not to:

• Violate any applicable local, state, national, or international law

• Use the App for any unlawful, harmful, or fraudulent purpose

• Transmit or distribute viruses, malware, or other harmful code

• Engage in any behavior that disrupts or interferes with the functionality or security of our App

• Impersonate another user or provide false or misleading information

You are solely responsible for any content you upload, submit, or otherwise make available through the App.

7. Data Collection and Privacy Our Privacy Policy outlines our data practices, including how we collect, use, and protect user information. By using the App, you consent to these practices. You acknowledge that FitWave does not sell any personally identifiable information (PII) or personal health information (PHI) to third-party companies. We may share anonymized, aggregated fitness data with select third-party companies for research and product development purposes, ensuring user privacy.

California residents have the right to opt out of data sharing in compliance with the California Consumer Privacy Act (CCPA). Please see our Privacy Policy for instructions on how to exercise this right.

8. Anonymized Data and Analytics To improve our Services and offer insights, we may analyze anonymized, aggregated data related to fitness and dietary habits. This data does not contain any personally identifiable or health information and cannot be used to identify individual users.

9. Intellectual Property Rights All content on the App, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, is the exclusive property of FitWave or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works of any content without our prior written consent.

10. Limited License We grant you a limited, non-exclusive, non-transferable, and revocable license to use our App for personal, non-commercial purposes. This license is subject to these Terms and does not include any right to resell, distribute, or modify any part of the App.

11. Modifications to the App and Services We reserve the right to modify or discontinue, temporarily or permanently, the App or any part of the Services at any time without notice. You agree that FitWave will not be liable to you or any third party for any modification, suspension, or discontinuance of the App or Services.

12. Disclaimers The App and Services are provided “as is” and “as available.” FitWave makes no representations or warranties of any kind, express or implied, regarding the App, including but not limited to fitness for a particular purpose, accuracy, completeness, or reliability. FitWave is not responsible for any health issues that arise from using our App or Services. Always consult a healthcare professional before starting any new fitness or dietary regimen.

13. Limitation of Liability To the fullest extent permitted by law, FitWave, its affiliates, officers, directors, employees, and agents will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or personal injury, arising from your use of the App or Services.

14. Indemnification You agree to indemnify, defend, and hold harmless FitWave and its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses, including attorneys' fees, arising out of or related to your use of the App or any violation of these Terms.

15. Termination FitWave reserves the right to terminate or suspend your access to the App at any time, with or without cause, and without prior notice. Upon termination, your right to use the App will immediately cease. You may terminate your account at any time by discontinuing use of the App.

16. Governing Law These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or your use of the App will be resolved exclusively in the state and federal courts located in Florida.

17. Changes to Terms We may update these Terms from time to time. When we make changes, we will post the revised Terms on this page and update the “Last Updated” date. Your continued use of the App after any changes constitute your acceptance of the new Terms.

18. Contact Us If you have any questions about these Terms or our App, please contact us at: Email: info@fitwave.io