Zenith Fitness

Terms of Service

Rules and agreements for using Zenith ยท Last Updated: January 31, 2026
# Terms of Service for Zenith

**Last Updated: January 31, 2026**

## Agreement to Terms

By accessing or using the Zenith mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not use the App.

## Description of Service

Zenith is a fitness tracking application that provides:

**Free Features:**
- Basic workout logging
- Food and calorie tracking
- Weight tracking
- Achievement system
- Rank progression
- Basic statistics
- GPS running tracking

**Premium Features (Zenith Pro Subscription):**
- All exercise packs (Lifting, Running, Calisthenics)
- Heart rate zone analytics
- Recovery score and HRV tracking
- Advanced workout analytics
- Personal record tracking
- Custom workout builder
- Smart notifications
- Priority support
- Ad-free experience
- Data export

**One-Time Purchases:**
- Individual exercise packs ($4.99 each)
- Lifetime access to purchased features

## User Accounts

**Account Creation:**
- You must provide accurate information
- You are responsible for account security
- One account per person
- You must be 13 years or older

**Account Security:**
- Keep your password confidential
- Notify us of unauthorized access
- We are not liable for unauthorized use

**Account Termination:**
- We may terminate accounts for violations
- You may delete your account anytime
- Termination does not entitle refunds

## Subscriptions and Purchases

**Zenith Pro Subscription:**
- $6.99/month or $49.99/year
- 7-day free trial for new subscribers
- Auto-renewal unless cancelled
- Managed through App Store/Play Store

**Payment:**
- Processed by Apple/Google
- Prices subject to change with notice
- Billing occurs at purchase and renewal

**Cancellation:**
- Cancel anytime in device Settings
- Access continues until period ends
- No refunds for partial periods

**Refunds:**
- Managed per App Store/Play Store policies
- Contact Apple/Google for refund requests
- Extraordinary circumstances reviewed case-by-case

**Free Trial:**
- 7 days for new Zenith Pro subscribers
- Cancel anytime during trial for no charge
- Converts to paid subscription if not cancelled

## Acceptable Use

**You Agree NOT To:**
- Violate laws or regulations
- Infringe intellectual property rights
- Upload malicious code or viruses
- Attempt to hack or reverse engineer
- Use for commercial purposes without permission
- Share accounts with others
- Create false or misleading content
- Harass or harm other users
- Scrape or data mine the App

**Medical Disclaimer:**
- Zenith is for fitness tracking, not medical advice
- Consult healthcare provider before starting exercise
- We are not responsible for health outcomes
- Do not rely solely on app for medical decisions

## Health and Safety

**Important Warnings:**

1. **Medical Conditions:**
   - Consult doctor before starting any exercise program
   - Especially if you have heart conditions, diabetes, or injuries
   - Stop exercising if you feel pain, dizziness, or discomfort

2. **GPS Running:**
   - Be aware of your surroundings
   - Follow traffic laws and safety rules
   - Don't rely solely on app for navigation
   - Use caution in unfamiliar areas

3. **Heart Rate Monitoring:**
   - Not a medical device
   - Not intended to diagnose or treat conditions
   - Accuracy may vary
   - Consult doctor if concerns about heart rate

4. **Calorie Calculations:**
   - Estimates only, not exact measurements
   - Individual results vary
   - Consult nutritionist for medical diets
   - Not a substitute for professional advice

**Assumption of Risk:**
By using Zenith, you acknowledge that physical exercise involves inherent risks and you assume all risks of injury or harm.

## Intellectual Property

**Our Rights:**
- Zenith name, logo, and branding are our trademarks
- App design, code, and content are copyrighted
- All rights reserved unless explicitly granted

**Your Rights:**
- You own your data (workouts, food logs, etc.)
- We do not claim ownership of your content
- You grant us license to use data to provide services

**License to Use:**
- We grant you non-exclusive, non-transferable license to use App
- License terminates upon violation of Terms
- You may not redistribute, resell, or sublicense

## User Content

**Your Responsibilities:**
- You are responsible for content you create
- Do not upload illegal or harmful content
- Respect others' privacy and rights

**Our Rights:**
- We may remove content violating Terms
- We may moderate user-generated content
- We reserve right to terminate accounts for violations

## Privacy and Data

**Your Data:**
- See our Privacy Policy for details
- Data stored locally on device by default
- Cloud sync optional (coming soon)
- We do not sell personal information

**Health Data:**
- Managed per Apple Health/Health Connect guidelines
- You control permissions
- We only access data you authorize
- Stored securely and encrypted

## Disclaimers

**AS-IS Service:**
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy of data
- Continuous availability

**No Guarantee:**
- We do not guarantee results or outcomes
- Individual results vary
- Success depends on many factors
- Not a substitute for professional training

## Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. **No Consequential Damages:**
   We are not liable for indirect, incidental, consequential, or punitive damages including:
   - Lost profits or revenue
   - Data loss
   - Injury or health issues
   - Opportunity costs

2. **Liability Cap:**
   Our total liability is limited to amount you paid in last 12 months (maximum $49.99)

3. **Exceptions:**
   Some jurisdictions don't allow liability limitations. In those cases, our liability is limited to minimum required by law.

## Indemnification

You agree to indemnify and hold harmless Zenith, its owners, employees, and affiliates from any claims, damages, or expenses arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of third-party rights
- Your content or data

## Third-Party Services

**Integrations:**
- Apple Health / Health Connect
- Payment processors (Apple/Google)
- Analytics services
- Crash reporting

**Third-Party Terms:**
- You must comply with third-party terms
- We are not responsible for third-party services
- Third-party availability may vary

## Changes to Terms

**Updates:**
- We may update Terms at any time
- Material changes will be notified via:
  - In-app notification
  - Email (if provided)
  - Updated "Last Updated" date

**Acceptance:**
- Continued use after changes constitutes acceptance
- If you disagree, stop using the App

## Changes to Service

**Modifications:**
- We may modify or discontinue features
- We may change pricing with advance notice
- We are not liable for service changes

**Service Interruptions:**
- We strive for 99.9% uptime
- Maintenance may cause temporary outages
- We are not liable for interruptions

## Termination

**Your Rights:**
- Cancel subscription anytime
- Delete account in Settings
- Stop using App at will

**Our Rights:**
- Terminate accounts for violations
- Suspend service for non-payment
- Discontinue App with notice

**Effect of Termination:**
- Access to premium features ends
- Local data remains on device (unless you delete)
- No refunds for remaining subscription time

## Dispute Resolution

**Governing Law:**
This Agreement is governed by the laws of [Your State], United States, without regard to conflict of law provisions.

**Arbitration:**
Any disputes will be resolved through binding arbitration in accordance with the American Arbitration Association rules, except:
- Small claims court for claims under $10,000
- Injunctive relief for IP violations

**Class Action Waiver:**
You agree to resolve disputes individually, not as class actions or consolidated proceedings.

**Venue:**
Arbitration or legal proceedings will occur in [Your City, State].

## Miscellaneous

**Entire Agreement:**
These Terms, Privacy Policy, and app-specific policies constitute the entire agreement.

**Severability:**
If any provision is invalid, the remaining provisions remain in effect.

**No Waiver:**
Our failure to enforce any right doesn't waive that right.

**Assignment:**
You may not assign these Terms. We may assign to successors or affiliates.

**Force Majeure:**
We are not liable for delays due to circumstances beyond our control.

## Contact Information

For questions about these Terms:

**Email:** legal@zenithfit.app  
**Support:** support@zenithfit.app  
**Mail:** Zenith Fitness, LLC  
        [Your Address]  
        [City, State ZIP]

## Special Terms

**California Users:**
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

**EU Users:**
You have the right to withdraw from purchases within 14 days. Contact support@zenithfit.app.

**Age Requirement:**
You must be 13 or older to use Zenith. Users 13-17 must have parental consent.

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**By using Zenith, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.**

**Zenith Fitness, LLC**  
*Empowering your fitness journey*