Terms of Use

By creating an account, accessing, or using the Fitney platform (hereinafter "Platform"), including mobile applications, website, and APIs, you ("User") declare that you have read, understood, and fully agree with these Terms of Use ("Terms"). If you do not agree with any provision, do not use the Platform.

These Terms constitute a binding agreement between you and Fitney Tecnologia Ltda. ("Fitney", "we"), registered under CNPJ 44.638.274/0001-86, headquartered in Curitiba, PR, Brazil. They apply to all users, including fitness professionals ("Professionals") and their end clients ("Clients").

By using the Platform, you also declare that you are at least 18 years old or, if a minor, that you have express authorization from your legal guardian, in accordance with Art. 14 of the Brazilian General Data Protection Law (Law 13,709/2018).

• Platform: the set of software, applications, websites, and APIs provided by Fitney.
• Professional: any person who subscribes to the Platform to create and manage workouts, meal plans, and/or serve clients. This term is used throughout these Terms regardless of whether the User holds any certification, registration, or professional license in their jurisdiction. Fitney does not verify, validate, or require professional credentials.
• Client: individual who uses the Platform through a Professional.
• Account: personal profile created to access the Platform.
• User Content: texts, images, videos, workouts, meal plans, and any material submitted by the User.
• Personal Data: any information relating to an identified or identifiable natural person, as defined by the LGPD, GDPR, and CCPA.
• SaaS: Software as a Service — a software distribution model where Fitney hosts and maintains the Platform.
• White-label: functionality that allows Professionals to customize the Platform with their own branding.

Fitney is a SaaS platform for fitness and nutrition professionals. The service includes, but is not limited to:

• Creation and management of personalized workouts and exercise templates;
• Prescription and monitoring of meal plans;
• White-label mobile app customized with the Professional's brand;
• Communication tools between Professionals and Clients;
• Session scheduling and progress tracking;
• Performance reports and metrics;
• Integrations with health devices and applications.

Important: Fitney is a technology platform that provides tools for creating and managing fitness and nutrition content. Fitney is not a healthcare company, does not provide professional consulting, and does not verify whether its Users hold any qualifications, certifications, or professional registrations in any jurisdiction. Use of the Platform does not confer any professional title or license upon the User.

Fitney acts as a data processor with respect to Client data, with the Professional being the data controller. For Professional data, Fitney is the controller.

To use the Platform, you must create an Account providing truthful, complete, and up-to-date information. You are responsible for:

• Maintaining the confidentiality of your access credentials;
• All activities performed under your Account;
• Immediately notifying Fitney of any unauthorized use;
• Keeping your registration data current.

Fitney reserves the right to suspend or terminate Accounts that:

• Contain false or incomplete information;
• Violate these Terms or applicable law;
• Remain inactive for a period exceeding 12 months.

Professionals are responsible for ensuring that their Clients also comply with these Terms when using the Platform.

Fitney offers different subscription plans, whose details, pricing, and features are described on the Plans page. When subscribing to a plan:

• Payments are processed through third-party processors — Stripe (international credit card), Asaas (PIX and boleto in Brazil), Apple App Store and Google Play (in-app purchases) — and Fitney does not store complete credit card data;
• Subscriptions are automatically renewed at the contracted cycle (monthly or annual), unless previously canceled;
• Prices may be adjusted with 30 days' prior notice;
• Applicable taxes and fees are the User's responsibility, according to the legislation of their jurisdiction.

In case of default, Fitney may suspend access to the Platform after prior notice, without prejudice to collection of amounts owed.

Fitney offers a free trial period ("Trial") of 15 calendar days from registration, with no credit card required. During the Trial:

• All Platform features are available without restriction;
• The User will receive email notifications about the approaching expiration (7 days, 3 days, and 1 day before);
• At the end of the period, if the User does not subscribe to a paid plan, Platform access will be restricted to read-only mode (data preserved, no creation or editing);
• Each individual or legal entity is entitled to only one Trial period;
• Fitney reserves the right to change the duration or conditions of the Trial, without retroactive effect on ongoing Trials.

Promotions and discounts are valid according to their specific conditions and are not cumulative, unless otherwise indicated.

Users may cancel their subscription at any time through the Account dashboard. Cancellation follows these rules:

Brazilian Consumers (CDC)

• Right of withdrawal: cancellation within 7 days of purchase, with full refund, pursuant to Art. 49 of the Consumer Defense Code;
• After 7 days: access remains active until the end of the paid period, with no prorated refund;
• Annual plans: prorated refund for the unused period, discounting the difference to the monthly rate.

European Union Consumers

• 14-day withdrawal right pursuant to Directive 2011/83/EU;
• If the service was used during the period, the refund will be proportional.

US Consumers

• Cancellation is effective at the end of the current billing period;
• Additional refunds may be requested pursuant to applicable state law (e.g., California Automatic Renewal Law).

Fitney reserves the right to cancel Accounts that violate these Terms, with 15 days' prior notice, except in cases of serious violation.

When using the Platform, the User agrees not to:

• Use the service for any illegal or unauthorized purpose;
• Transmit viruses, malware, or malicious code;
• Attempt to access restricted areas of the Platform without authorization;
• Reverse engineer, decompile, or disassemble the software;
• Use bots, scrapers, or automated systems without authorization;
• Share access credentials with third parties;
• Post defamatory, discriminatory, illegal content, or content that violates third-party rights;
• Use the Platform to send spam or unsolicited communications;
• Sublicense, resell, or redistribute access to the Platform without express authorization;
• Represent yourself as a certified, licensed, or registered professional when you do not hold the credentials required by the laws of your jurisdiction;
• Use the Platform in a way that misleads third parties into believing you hold professional qualifications that you do not possess.

Violation of these restrictions may result in immediate suspension or termination of the Account, without prejudice to applicable legal measures.

All intellectual property rights in the Platform, including software, design, trademarks, logos, texts, graphics, icons, and features, are the exclusive property of Fitney or its licensors.

Subscribing to the Platform grants the User a limited, non-exclusive, non-transferable, and revocable license to use the service according to the contracted plan and these Terms.

This license does not include:

• The right to copy, modify, or create derivative works of the Platform;
• The right to remove intellectual property notices;
• The right to transfer the license to third parties.

The white-label feature allows Professionals to apply their own visual identity on the Platform but does not transfer rights over the underlying technology.

The exercise library — including videos, GIFs, animations and movement-execution illustrations made available on the Platform — is owned by Fitney or licensed from third parties and is protected by copyright. Users may view and prescribe this content within the Platform, but may not download, copy, redistribute, repost on social media, embed in other applications, or use commercially outside the context of the Platform.

Users retain all rights to Content they upload to the Platform. By uploading Content, the User grants Fitney a worldwide, non-exclusive, royalty-free, and sublicensable license to:

• Host, store, and display Content as necessary for service provision;
• Create backups and security copies;
• Adapt the format for technical compatibility.

The User represents and warrants that:

• They hold the necessary rights to the submitted Content;
• The Content does not violate third-party rights, including intellectual property, privacy, and image rights;
• If creating workouts, diets, or any content intended for third parties, the User is solely responsible for ensuring they hold the qualifications required by the laws of their jurisdiction for such activity.

Fitney does not proactively monitor User Content but reserves the right to remove content that violates these Terms or applicable law.

The Platform provides features that use artificial intelligence (AI) to assist Professionals in creating workouts, meal plans and running programs. By using these features, the User acknowledges and agrees that:

• AI-generated content is an automated suggestion and must be reviewed, validated and adjusted by the Professional before being applied to any Client;
• AI is a support tool and does not replace the knowledge, experience or professional judgment of the User;
• Fitney does not guarantee the accuracy, suitability, safety or effectiveness of AI-generated content for any specific individual;
• The responsibility for any workout, diet or program applied to a Client lies exclusively with the Professional who prescribed it, regardless of whether it was generated with AI assistance;
• Data sent for AI processing is handled in accordance with our Privacy Policy and is not used to train third-party models;
• Fitney uses third-party AI providers (such as OpenAI) to process requests, and data is transmitted securely and in compliance with applicable data protection laws;
• AI functionality may be discontinued, modified or have its usage limits changed at any time, with reasonable prior notice.

Disclaimer: Fitney is not responsible for damages, injuries or losses resulting from the direct application of AI-generated content without proper professional review. The Professional is solely responsible for evaluating the suitability of content for each Client's profile, health conditions and goals.

The processing of personal data by Fitney is governed by our Privacy Policy and our dedicated LGPD page.

Fitney is committed to processing personal data in compliance with:

• Brazil: General Data Protection Law (Law 13,709/2018 — LGPD) and Internet Civil Framework (Law 12,965/2014);
• European Union: General Data Protection Regulation (GDPR — Regulation 2016/679);
• United States: California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), and applicable state laws.

Professionals, as controllers of their Clients' data, must ensure they have an appropriate legal basis for processing such data through the Platform.

The Platform is provided "as is" and "as available." To the maximum extent permitted by applicable law, Fitney does not warrant that:

• The service will be uninterrupted, error-free, or completely secure;
• The results obtained from using the Platform will be accurate or reliable;
• The Platform will meet all specific User needs.

Specific limitations:

• Fitney does not provide medical, health, or nutritional services and does not verify professional credentials of its Users. Responsibility for workouts, diets, and any content created on the Platform lies exclusively with the User who created it;
• Fitney's total liability, for any cause, is limited to the amount paid by the User in the last 12 months;
• Fitney is not liable for indirect, incidental, special, consequential, or punitive damages.

Professional qualification disclaimer: Fitney is a neutral technology tool. It is not Fitney's responsibility to verify, require, or enforce professional certifications, registrations, or licenses of its Users. Each User is individually responsible for complying with the laws and regulations of their jurisdiction related to prescribing physical exercise, meal plans, or any regulated activity. Fitney assumes no liability for damages arising from the use of the Platform by Users without the qualifications required in their jurisdiction.

Reference legislation (non-exhaustive):

• Brazil: Law 9,696/1998 (Physical Education regulation — CONFEF/CREF); Law 8,234/1991 (Nutrition regulation — CFN/CRN);
• USA: regulations vary by state — some states require licensing for personal trainers and/or nutritionists/dietitians;
• European Union: regulations vary by member state — consult applicable local legislation.

The above limitations do not apply where local law does not permit such limitation, including protections under the Brazilian Consumer Defense Code and EU Directive 93/13/EEC for European consumers.

Exercise content and movement demonstrations: the videos, GIFs and movement-execution demonstrations made available on the Platform are strictly informational and demonstrative and do not replace medical, physical therapy or qualified physical-education professional guidance. The User declares to be physically fit to perform the prescribed exercises and fully assumes the risks inherent to physical activity, including, but not limited to, musculoskeletal injuries, cardiovascular overload and aggravation of pre-existing conditions. Fitney is not liable for damages arising from incorrect execution of movements, unsuitability of the exercise to the user's physical profile, or absence of prior medical evaluation. Consultation with a qualified professional is always recommended before starting any training program.

The User agrees to indemnify and hold harmless Fitney, its directors, employees, and partners from any claim, damage, loss, or expense (including reasonable attorney's fees) arising from:

• Violation of these Terms by the User;
• Misuse of the Platform;
• Content submitted by the User that violates third-party rights;
• Violation of applicable law by the User;
• Creation or distribution of workout, diet, or health content without the qualifications required by applicable law in the User's jurisdiction.

This indemnification obligation survives termination of the contractual relationship.

Fitney reserves the right to modify these Terms at any time. Changes will be communicated:

• By email to the registered address;
• By notification on the Platform;
• With a minimum of 30 days' advance notice for substantial changes.

Continued use of the Platform after the changes take effect constitutes acceptance of the new Terms. If you do not agree, you must cease use and request Account cancellation.

Fitney will maintain a history of previous versions available upon request.

• Severability: the invalidity of any provision does not affect the remainder;
• Waiver: failure to enforce any clause does not constitute a waiver of the right to enforce it in the future;
• Assignment: the User may not assign or transfer their rights without Fitney's prior written consent. Fitney may assign this agreement in the context of a merger, acquisition, or asset sale;
• Force Majeure: neither party shall be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, pandemics, infrastructure failures, or government actions;
• Entire Agreement: these Terms, together with the Privacy Policy, Cookie Policy, and LGPD page, constitute the entire agreement between the parties;
• Notices: official communications will be sent by email or through the Platform. Users must keep their email addresses up to date.

For Users in Brazil

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of Curitiba, PR, are elected to settle any disputes, without prejudice to the consumer's domicile forum under Art. 101, I, of the Consumer Defense Code.

For Users in the European Union

For consumers residing in the EU, the mandatory laws of their country of residence apply. Disputes may be submitted to the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

For Users in the USA

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of laws. Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA), unless prohibited by law.

Class action waiver: to the maximum extent permitted by law, the parties agree to resolve disputes individually and waive the right to participate in class or representative actions.

Contact

For questions related to these Terms, contact us at legal@fitneyapp.com or by mail: Fitney Tecnologia Ltda., CNPJ 44.638.274/0001-86, R. Cascavel, 2760 — Curitiba, PR, Brazil.

This section contains additional provisions that apply exclusively to use of the Fitney application downloaded from the Apple App Store on iOS, iPadOS, watchOS, or tvOS devices. In the event of any conflict with the other provisions of these Terms, this section shall prevail for App Store use.

18.1. Acknowledgment

You acknowledge that these Terms are concluded between you and Fitney Tecnologia Ltda., and not with Apple Inc. ("Apple"). Fitney, not Apple, is solely responsible for the Fitney iOS application and its content. These Terms may not provide for usage rules less restrictive than, or in conflict with, the Apple Media Services Terms and Conditions.

18.2. Scope of License

The license granted to the User to use the Fitney iOS application is limited to a non-transferable license to use the application on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

18.3. Maintenance and Support

Fitney is solely responsible for providing any maintenance and support services with respect to the iOS application. Apple has no obligation whatsoever to furnish any maintenance and support services. For support, please contact suporte@fitneyapp.com.

18.4. Warranty

Fitney is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the iOS application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price of the application, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Fitney's sole responsibility.

18.5. Product Claims

Fitney, not Apple, is responsible for addressing any claims by the User or any third party relating to the iOS application or the User's possession and use of the application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including those arising from the application's use of the HealthKit and HomeKit frameworks.

18.6. Intellectual Property Rights

In the event of any third-party claim that the iOS application or the User's possession and use of that application infringes that third party's intellectual property rights, Fitney, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

18.7. Legal Compliance

The User represents and warrants that: (i) the User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) the User is not listed on any U.S. Government list of prohibited or restricted parties.

18.8. Developer Name and Address

For questions about the iOS application, please contact:

• Developer: Fitney Tecnologia Ltda.
• CNPJ: 44.638.274/0001-86
• Address: R. Cascavel, 2760 — Curitiba, PR, Brazil
• Support email: suporte@fitneyapp.com

18.9. Third-Party Terms of Agreement

The User must comply with applicable third-party terms of agreement when using the iOS application (for example, when using data services, the User must not be in violation of their wireless data service agreement).

18.10. Apple as Third-Party Beneficiary

The User and Fitney acknowledge that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms with respect to the iOS application. Upon the User's acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User as a third-party beneficiary thereof.