EVEX Terms of Use

Agreement to Terms

By downloading, installing, or using EVEX ("the App"), you agree to be bound by these Terms of Use. If you do not agree to these terms, do not use the App.

Description of Service

EVEX is a fitness tracking application that provides:

• Workout logging and history tracking
• AI-powered workout generation and recommendations
• Exercise library and custom workout templates
• Fitness progress tracking

Account Registration

Requirements

To use EVEX, you must:

• Be at least 13 years of age (or the minimum age in your jurisdiction)
• Create an account using Sign in with Apple
• Provide accurate information during registration

Account Security

You are responsible for:

• Maintaining the confidentiality of your account
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

Health and Fitness Disclaimer

IMPORTANT: Please read this section carefully.

Not Medical Advice

EVEX is designed for general fitness tracking and workout planning. The App, including AI-generated recommendations, does NOT provide:

• Medical advice, diagnosis, or treatment
• Physical therapy or rehabilitation guidance
• Nutritional counseling from licensed professionals
• Treatment for any medical condition

Consult a Professional

Before starting any exercise program, you should:

• Consult with a qualified healthcare provider
• Get medical clearance if you have any health conditions
• Stop exercising immediately if you experience pain, dizziness, or discomfort

Assumption of Risk

By using EVEX, you acknowledge that:

• Physical exercise involves inherent risks of injury
• You voluntarily assume all risks associated with any workout
• AI-generated workouts are suggestions, not personalized medical prescriptions
• You are solely responsible for determining if exercises are appropriate for your fitness level

Limitation of Health Liability

EVEX, its creators, and affiliates are NOT liable for:

• Any injuries sustained during workouts
• Health complications arising from exercise
• Inaccurate AI recommendations
• Any adverse effects from following workout suggestions

AI-Generated Content

Nature of AI Recommendations

Our AI fitness assistant:

• Uses artificial intelligence to generate workout suggestions
• Is powered by third-party AI services (OpenAI)
• May occasionally produce inaccurate or inappropriate content
• Should not be relied upon as a substitute for professional advice

Your Responsibility

You acknowledge that:

• AI-generated workouts are suggestions, not commands
• You should verify exercises are appropriate for your ability
• You may modify or skip any suggested exercise
• The AI does not know your complete health history

User Conduct

Acceptable Use

You agree to use EVEX only for lawful purposes and in accordance with these Terms.

Prohibited Activities

You may NOT:

• Use the App for any illegal purpose
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of the App
• Reverse engineer, decompile, or disassemble the App
• Use automated systems or bots to access the App
• Impersonate another person or entity
• Upload malicious code or content

Intellectual Property

Our Rights

EVEX and its original content, features, and functionality are owned by us and are protected by:

• Copyright laws
• Trademark laws
• Other intellectual property rights

Your Content

You retain ownership of workout data and content you create. By using the App, you grant us a license to:

• Store and process your data to provide services
• Use anonymized, aggregated data to improve the App

Subscriptions and Payments

Free and Paid Features

EVEX may offer both free and premium subscription features. Specific terms for paid subscriptions will be presented at the time of purchase.

Cancellation

You may cancel your subscription at any time through your Apple ID settings.

Termination

By You

You may stop using EVEX at any time and delete your account from within the App.

By Us

We reserve the right to suspend or terminate your account if you:

• Violate these Terms of Use
• Engage in fraudulent or illegal activity
• Abuse the App or other users

Effect of Termination

Upon termination:

• Your right to use the App ceases immediately
• We may delete your account and data
• Provisions that should survive termination will remain in effect

Disclaimers

"As Is" Service

EVEX is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability

Service Availability

We do not guarantee that:

• The App will be available at all times
• The App will be error-free
• Defects will be corrected
• The App is free of viruses or harmful components

Limitation of Liability

Exclusion of Damages

To the maximum extent permitted by law, EVEX and its affiliates shall NOT be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or goodwill
• Personal injury or property damage
• Any damages arising from your use of the App

Cap on Liability

Our total liability shall not exceed the amount you paid for the App in the 12 months prior to the claim.

Indemnification

You agree to indemnify and hold harmless EVEX, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Dispute Resolution

Informal Resolution

Before filing a formal dispute, you agree to contact us to attempt to resolve the issue informally.

Binding Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration, except for claims that qualify for small claims court.

Changes to Terms

We may modify these Terms at any time. Changes become effective when posted. Your continued use of EVEX after changes constitutes acceptance of the new Terms.

We will notify you of material changes through:

• In-app notifications
• Email (if provided)
• Notice on our website

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EVEX regarding the App.

Contact Us

For questions about these Terms of Use, please contact us:

Email: legal@evex.fit

Summary

By using EVEX, you agree that:

1. You are responsible for your own health and safety during workouts
2. AI recommendations are suggestions, not medical advice
3. You will use the App lawfully and responsibly
4. We are not liable for injuries or health issues from exercise