Terms of Use

Effective Date: April 28th, 2025

This Terms of Use Agreement ("TOU") is entered into between you ("you" or "your") and Flex Artificial Intelligence Inc. ("Flex", "we", or "our"). This TOU governs your access to and use of Flex’s websites (www.flexfitnessapp.com) (the "Website"), mobile applications (the "App"), and any other products or services to which Flex applies this TOU (collectively, the "Service").

BY CLICKING “I AGREE” OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS TOU.


1. UPDATES

Flex may modify this TOU at any time at its sole discretion. Updates will be posted on the Website and become effective 30 days after posting unless otherwise stated. Continued use of the Service after an update constitutes acceptance of the updated TOU.


2. ACCESS TO THE SERVICE

2.1 Age of Access

You must be at least 13 years old or the minimum age for online consent in your jurisdiction ("Minimum Age"), whichever is greater. If you do not meet the Minimum Age, you must immediately stop using the Service.

2.2 Accounts and Login Information

Access may require creating an account ("Account") and login credentials ("Login Information"). You are responsible for maintaining confidentiality and preventing unauthorized use. Notify Flex immediately of any unauthorized access.

2.3 Subscription Fees

Certain features ("Premium Features") require payment of a subscription fee ("Subscription Fee"). Subscription Fees are charged automatically and are final and non-refundable, except where prohibited by law.

ALL SALES ARE FINAL. NO REFUNDS.

Flex may modify Subscription Fees at its discretion with prior notice.

2.4 Taxes

You are responsible for paying all applicable taxes.


3. SUBSCRIPTION AND USE OF THE SERVICE

3.1 License

Flex grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes.

3.2 Prohibited Uses

You agree not to:

  • Provide false information;
  • Reverse engineer or tamper with the Service;
  • Circumvent security features;
  • Use bots or scrapers;
  • Infringe intellectual property rights;
  • Harass, impersonate, or harm others;
  • Exploit bugs or flaws;
  • Sell, sublicense, or transfer access without authorization.

Flex may determine violations at its sole discretion.

3.3 Suspension and Termination

Flex may suspend or terminate your Account at any time without notice or liability for any reason.

3.4 Account Termination (User-Initiated)

You may terminate your Account at any time through the account settings within the App. If you are unable to access your Account, you may request termination by emailing support@flexfitnessapp.com with the subject line “Delete Account.”

Upon termination, your access to the Service will immediately cease, and Flex will handle your data according to our Privacy Policy.


4. PRIVACY POLICY AND DATA RETENTION

Your use of the Service is governed by Flex’s Privacy Policy.

Data Retention: Upon account deletion, Flex will delete your personal information according to applicable law and our Privacy Policy.

If you disagree with the Privacy Policy, you must immediately cease using the Service.


5. REFERRAL PROGRAM TERMS

The Referral Program, including eligibility for credits ("Credits") and redemption details, is governed by the Referral Program Terms.

Flex reserves the right to modify or cancel the Referral Program at any time at its discretion. Credits have no cash value and are non-transferable.


6. DIGITAL CONTENT AND REFUND POLICY

6.1 No Refunds

All purchases of digital workout plans, training programs, and virtual content are final and non-refundable. No refunds, cancellations, or exchanges are permitted once access is granted.

6.2 Third-Party Content

Flex is not responsible for the accuracy, quality, or outcomes associated with third-party publisher content.

For technical access issues, contact support@flexfitnessapp.com within 30 days of purchase.


7. USER CONTENT

You retain ownership of any content you upload ("User Content"). By uploading, you grant Flex an irrevocable, worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, distribute, display, and create derivative works from your User Content for any lawful purpose.

Flex is under no obligation to monitor User Content.


8. PROPRIETARY RIGHTS

Flex retains all rights, title, and interest in and to the Service, including its software, analytics, designs, and intellectual property. You may not copy, modify, reverse engineer, or distribute the Service without permission.


9. DISCLAIMER AND LIMITATION OF LIABILITY

9.1 Disclaimer

The Service is provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

Flex does not guarantee that the Service will be error-free, secure, or uninterrupted.

9.2 Limitation of Liability

Flex and its representatives shall not be liable for any indirect, incidental, consequential, or special damages. If liability cannot be fully disclaimed, Flex’s maximum liability will be the greater of $100 CAD or the total amount you paid Flex in the prior 12 months.


10. INDEMNIFICATION

You agree to indemnify and hold harmless Flex and its affiliates against all claims, damages, losses, and expenses arising from your use of the Service or violation of this TOU.


11. DISPUTE RESOLUTION

All disputes will be resolved through binding individual arbitration in British Columbia, Canada. You waive any right to participate in class actions or class-wide arbitration.


12. GENERAL TERMS

  • Governing Law: The TOU and Privacy Policy are governed by the laws of British Columbia and Canada.
  • Severability: If any provision is invalid, the remainder remains in effect.
  • Assignment: Flex may assign this agreement; you may not assign your rights without written consent.
  • Entire Agreement: This TOU and the Privacy Policy constitute the full agreement between you and Flex.

13. FORM FEEDBACK A.I. – TERMS OF USE

The Form Feedback A.I. feature is subject to additional Form Feedback A.I. Terms, including:

  • Informational use only (not medical advice);
  • Accuracy may vary.
  • Minimum age: 18 years old;
  • Use at your own risk.

14. AI TRAINER FEATURE – TERMS OF USE

The AI Trainer feature provides general fitness guidance based on user-provided information.

  • Informational purposes only (not a substitute for professional advice);
  • Flex disclaims guarantees regarding accuracy.
  • Data collection and use governed by Privacy Policy;
  • Minimum age: 18 years;
  • Limitation of liability applies.

15. COMMUNITY FEATURE – TERMS OF USE

15.1 Community Participation

Participation in the Community Feature (posting progress photos, updates) is voluntary and subject to the Community Guidelines, this TOU, and the Privacy Policy.

15.2 Community Guidelines

You must comply with Flex’s Community Guidelines, including:

  • Fitness-related, motivational, respectful content only;
  • No nudity, offensive material, or negativity;
  • Off-topic or low-quality content may be removed.

Flex may remove any content at its sole discretion.

15.3 Moderation and Enforcement

Flex reserves the right, but not the obligation, to monitor, review, remove, suspend, or restrict access to any content or Account at its sole discretion, without notice.

Repeated or serious violations may result in suspension or termination of your Account.

All Flex decisions are final.

15.4 User-Generated Content Disclaimer

Flex does not endorse or guarantee user-generated content. Flex disclaims all liability related to content posted by users.


CONTACT

If you have any questions about this TOU, please contact:

support@flexfitnessapp.com