Terms of Service

1. Eligibility

You must be at least 18 years old to use VividCoach or participate in contests. By using the App, you represent that you are 18 or older and have the legal capacity to enter into these Terms. The App is intended for users in the United States; use outside the United States is at your own risk and subject to local laws.

2. Account Registration

You must create an account to use the App. You agree to:

• Provide accurate and complete registration information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access at vividcoachceo@proton.me
• Not share your account with anyone else

You are responsible for all activity under your account.

3. Subscription and Billing

3.1 Subscription Plans

VividCoach offers a free tier and paid Premium subscription plans. Current pricing is displayed in the App and on the App Store listing. Prices may change with notice.

3.2 Billing and Auto-Renewal

Paid subscriptions are billed through Apple's App Store. Your subscription will automatically renew unless you cancel at least 24 hours before the end of the current billing period. Apple handles all billing, refunds, and subscription management.

3.3 Cancellation

To cancel your subscription, go to your device's Settings > Apple ID > Subscriptions. Cancellation takes effect at the end of the current billing period. We do not offer refunds for partial subscription periods, except where required by law.

3.4 Free Trials

If we offer a free trial, it will convert to a paid subscription at the end of the trial period unless you cancel before the trial ends.

4. AI Coaching — Important Disclaimer

VividCoach uses artificial intelligence to provide fitness coaching and workout recommendations.

AI-generated coaching content is NOT:

• Medical advice, physical therapy, or healthcare services
• Advice from licensed personal trainers, dietitians, or healthcare professionals
• A substitute for consultation with a qualified healthcare provider

Before beginning any exercise program, consult a qualified healthcare provider, especially if you have any medical conditions, injuries, or health concerns. You assume all risk of injury or health effects from following AI coaching recommendations.

When you use the AI coaching feature, your messages are processed by Anthropic PBC's AI API. See our Privacy Policy for details.

Nutrition and weight tracking. Nutrition tracking and weight tracking features in the App are for personal logging and AI-coaching-context purposes only. They are NOT nutritional counseling, dietary advice from a registered dietitian, or medical weight-management treatment. AI-generated suggestions about meals or weight trends are general fitness coaching content, not clinical recommendations. Consult a qualified healthcare provider or registered dietitian for medical nutrition therapy, eating disorder concerns, or any health condition affected by diet or weight.

5. Contests and Sweepstakes

VividCoach may offer fitness contests and sweepstakes. All contests are governed by the Official Contest Rules, which are incorporated into these Terms. By participating in any contest, you agree to the Official Contest Rules.

Key contest requirements:

• Participants must be 18 or older and legal U.S. residents
• Cash prizes of $600 or more per year require IRS tax reporting (we will collect your tax information before paying)
• VividCoach reserves the right to disqualify participants who violate contest rules or these Terms

6. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose
• Attempt to reverse engineer, decompile, or hack the App
• Scrape, copy, or redistribute App content
• Use automated means to access the App without permission
• Post false, misleading, or harmful content
• Attempt to access other users' accounts
• Use the App in any way that could damage, disable, or impair our systems

7. Intellectual Property

The App, including its content, features, and functionality, is owned by VividCoach and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial fitness purposes.

You retain ownership of content you submit (such as coaching messages and workout logs). By submitting content, you grant VividCoach a license to use it to provide and improve our services.

8. Privacy

Our Privacy Policy explains how we collect, use, and share your information. By using the App, you agree to our Privacy Policy.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVIDCOACH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS BEFORE THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify and hold harmless VividCoach and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including attorneys' fees) arising from your use of the App, your violation of these Terms, or your violation of any third-party rights.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Alabama, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the App shall be resolved by binding arbitration in Huntsville, Alabama, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Termination

We may suspend or terminate your account at any time for violation of these Terms. You may delete your account by contacting vividcoachceo@proton.me. Upon termination, your right to use the App ends immediately. Sections 4, 9, 10, 11, and 12 survive termination.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by updating the "Last Updated" date and, where appropriate, through the App or by email. Continued use of the App after changes constitutes acceptance of the updated Terms.

15. Contact Us

VividCoach
Email: vividcoachceo@proton.me
Website: vivid-coach.com

Note: A physical business address will be added once the company virtual mailbox is established.