Effective Date: 08/01/2024

Last Updated: 09/10/2024

1. Introduction

Welcome to FitnessyzeAI ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our services, including our website, AI-powered systems, and any custom solutions or services provided to businesses in the fitness industry or any related industry ("Services"). By using our Services, you agree to these Terms. If you do not agree with any part of these Terms, please refrain from using our Services.

2. Services Provided

FitnessyzeAI provides custom-built AI systems designed specifically for businesses operating in the fitness industry or any related industry that FitnessyzeAI chooses to do business with. Our Services may include, but are not limited to:

Custom AI development for sales, marketing, lead generation, and automation.

Website hosting, sites, surveys, forms, and funnels

Business automations and management

Social media marketing and management

Access to our CRM and customer date management platform

Ongoing support and maintenance for AI systems.

Consulting and integration services to optimize AI performance.

We reserve the right to modify, update, or discontinue any aspect of our Services at any time without prior notice.

3. Eligibility

By using our Services, you confirm that you are at least 18 years of age and have the legal authority to enter into binding contracts. You are responsible for ensuring that the information you provide to us is accurate and complete.

4. User Responsibilities

When using our Services, you agree to:

Comply with all applicable laws and regulations.

Provide accurate and up-to-date information as needed for the customization and implementation of your AI system.

Use the Services only for lawful purposes and refrain from infringing on the rights of others.

Maintain the confidentiality of any login credentials or account information provided.

5. Intellectual Property

All content, designs, algorithms, AI models, and other proprietary materials developed by FitnessyzeAI during the provision of the Services are the intellectual property of FitnessyzeAI, unless otherwise specified in a separate agreement.

You may not reproduce, distribute, modify, or create derivative works based on our intellectual property without prior written consent.

6. Payment Terms

Payments for our Services are due as outlined in the agreed-upon service contract or invoice. If you fail to make timely payments, we reserve the right to suspend or terminate access to the Services until payment is received.

All fees are non-refundable unless otherwise specified in writing.

7. Confidentiality

We understand that both parties may share confidential information throughout the course of the engagement. You agree to maintain the confidentiality of any proprietary information shared by us, and we agree to maintain the confidentiality of any information you provide that is marked as confidential.

Both parties agree not to disclose any confidential information to third parties without prior written consent, except as required by law.

8. Limitation of Liability

To the fullest extent permitted by law, FitnessyzeAI will not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use our Services, including but not limited to lost profits, data loss, or business interruptions.

Our total liability under any circumstances will not exceed the total amount paid for the Services provided in the three months prior to the incident giving rise to the liability.

9. Warranty Disclaimer

Our Services are provided "as is" and "as available," without any warranties, express or implied. We do not guarantee that our AI systems will meet your specific requirements, be error-free, or operate without interruption.

FitnessyzeAI disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Indemnification

You agree to indemnify and hold FitnessyzeAI, its employees, affiliates, and agents harmless from any claims, damages, losses, or liabilities arising from:

Your use of the Services.

Any breach of these Terms.

Violations of applicable laws or regulations.

11. Termination

We reserve the right to terminate or suspend your access to our Services at any time for any reason, including but not limited to failure to comply with these Terms. Upon termination, you must cease all use of the Services and any proprietary materials provided.

12. Changes to Terms

We may update these Terms from time to time. Any changes will be posted on our website with the updated "Effective Date." Your continued use of the Services following any changes constitutes acceptance of the new Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of local, state, and feral law, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts of San Diego, CA.

14. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at:

Email: [email protected]

Phone: (310) 896-6123

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.