Terms of Use

1. Who can use the App

• You must be at least 13 years old (or the higher minimum age in your country) to use the App, and at least 18 years old to use the AI Coach.
• If you use the App on behalf of someone else, you confirm you are allowed to accept these Terms for them.
• You can use the App without an account. If you create a free cloud account, keep your sign-in details safe; you are responsible for what happens in your account. An account can be signed in on a limited number of devices at the same time (currently two).

2. Health and safety — please read

• The App, its workouts and programs, and everything the AI Coach says are general fitness and wellness information. They are not medical advice, diagnosis or treatment, and no coach in the App is a doctor, physiotherapist, dietitian or other licensed professional.
• Talk to a doctor before you start a new exercise or nutrition program, especially if you are pregnant, have an injury, a heart condition, high blood pressure, diabetes or any other medical condition, or take medication.
• Exercise has risks. You train at your own risk and are responsible for choosing weights, equipment and a safe place to train. Warm up, use proper form, and stop immediately if you feel pain, dizziness, chest pain or shortness of breath — seek medical help if needed.
• Calorie, heart-rate, step and nutrition figures in the App are estimates and may be inaccurate. Meal estimates from photos are rough guides only.
• In an emergency, contact your local emergency number. The App is not an emergency or crisis service.

3. The AI Coach

• The AI Coach is powered by artificial intelligence (Google Gemini). Its answers are generated automatically and can be incomplete, outdated or wrong, even when they sound confident. Use your own judgement and do not rely on them for decisions about your health.
• The coaches are AI characters with their own names, personalities and voices. They are not real people.
• The AI Coach can prepare workouts, programs, plans, reports and other suggestions. Nothing is added to your workouts, programs or calendar until you confirm it in the App.
• Do not use the AI Coach to get anything illegal or harmful, to harass anyone, or to obtain medical dosages or diagnoses. The coaches are instructed to refuse such requests, and we may limit access if the AI Coach is misused (section 7).
• You can rate or report any answer in the chat. Reports help us improve the coaches.

4. Free tier and AI Coach Premium

Free (no payment needed):

• All workout features: programs, workouts, timers, the workout log, goals, notes, charts, health data, and the Apple Watch and Wear OS apps.
• A free cloud account for backup and sync, within the limits shown in the App.
• The AI Coach with limits: a set number of questions per week and per month (currently 5 a week and 10 a month), workouts coached on your device, and daily motivation and tips from your coach. Some features, such as sending photos to the coach, are Premium only.
• New users get a free preview of the AI Coach without the weekly and monthly question limits for a limited time (currently 14 days from your first use of the AI Coach, plus 7 more days when you create a free account). No payment details are needed and nothing is charged when the preview ends — the App simply returns to the free tier. During the preview you can also use Premium features such as photos, with the same daily fair-use limits as Premium.

AI Coach Premium (paid subscription):

• Chat with all coaches without the weekly or monthly question limits, coaching during every set of your workouts, photos (meals, equipment, progress), and programs that adapt to your results, plus any other Premium features described in the App at the time you subscribe.
• To keep the service fair and protect it from abuse, Premium has generous daily fair-use limits. If you reach one, the coach asks you to try again later; this is not a reason for a refund.
• The free tier stays free. Premium adds to it; nothing that is free today will be removed from the free tier because you did not subscribe.
• We may change, add or remove features and limits of either tier to improve the App or for technical, legal or cost reasons. If a change materially reduces what you paid for, we will tell you in the App before your next renewal, and you can cancel.

5. Subscriptions, billing and cancellation

• Premium is offered as a monthly or yearly subscription. The price, currency and taxes for your country are shown in the App and by the App Store or Google Play before you confirm the purchase.
• Payment is taken by Apple or Google from the payment method in your store account when you confirm the purchase. We never receive your card or bank details.
• Auto-renewal: your subscription renews automatically at the end of each period at the then-current price, unless you cancel it at least 24 hours before the end of the current period. Your store account is charged for the renewal within 24 hours before the period ends.
• Cancel anytime in your App Store or Google Play subscription settings (deleting the App does not cancel the subscription). After you cancel, Premium stays active until the end of the period you already paid for.
• Price changes: if the price changes, the App Store or Google Play will inform you in advance and, where required, ask for your consent before the new price applies.
• Refunds are handled by Apple or Google under their refund policies; we cannot issue refunds for store purchases ourselves. This does not limit any refund or withdrawal rights you have under the consumer laws of your country.
• Restore purchases: if you reinstall the App or use a new device with the same store account, use "Restore purchases" in the App.

6. Your content

• Your workouts, notes, photos, messages and other content you create stay yours.
• You give us a limited permission to store, process and transmit your content only as needed to run the App for you — for example to sync it to your devices or to send your message to the AI Coach — as described in the Privacy Policy. This permission ends when you delete the content or your account, except for copies we must keep by law.
• Do not upload content that you do not have the right to share, that shows other people without their permission, or that is illegal, hateful or sexually explicit.

7. Acceptable use

You agree not to:

• copy, modify, resell or redistribute the App or its content, or try to extract its source code, AI instructions or exercise catalog, except as the law allows;
• bypass request limits, the device limit, payment, or security measures, or use automated tools, bots or scripts to access the App or the AI Coach;
• use the App to break the law or to harm, harass or deceive anyone;
• interfere with the App's servers or other users' use of the App.

We may suspend or limit your access to the AI Coach or your account if you break these Terms, if your use puts the service or other users at risk, or if the law requires it. Where reasonable, we will tell you why and give you a chance to fix it.

8. Our rights

The App, its design, workouts, programs, exercise videos and images, coach characters, voices and texts, and the Cubex Fitness name and logo belong to us or our licensors and are protected by law. We give you a personal, non-exclusive, non-transferable, revocable licence to use the App on devices you own or control, for your own non-commercial use, under these Terms and the rules of the store you downloaded it from.

9. Third-party services

The App works with services we do not control, such as Apple Health, Health Connect, Google Gemini, the App Store and Google Play. Your use of those services is also subject to their own terms. Links to other websites (for example a YouTube technique video) are provided for convenience; we are not responsible for their content.

10. Apple App Store and Google Play

• These Terms are between you and Cubex AI Technologies Inc., not Apple Inc. or Google LLC. We, not Apple or Google, are responsible for the App and its content, maintenance and support.
• Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection or privacy claims, or claims that the App infringes a third party's intellectual property rights; we are responsible for investigating and handling such claims.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

11. Disclaimers

The App is provided "as is" and "as available." To the extent permitted by law, we do not promise that the App will be uninterrupted, error-free or always available (the AI Coach needs an internet connection and third-party services), that AI answers will be accurate, or that you will reach a particular fitness result. Some countries do not allow certain disclaimers, so some of these may not apply to you.

12. Limitation of liability

To the extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, or for loss of data, profits or goodwill, arising from your use of the App. Our total liability to you for any claim related to the App is limited to the greater of the amount you paid us for AI Coach Premium in the 12 months before the claim, or CAD 100. Nothing in these Terms limits liability that cannot be limited by law — for example for death or personal injury caused by our negligence, or for fraud — or your rights as a consumer under the laws of your country.

13. Ending these Terms

You can stop using the App at any time and delete your account in the App (Profile → Account → Delete account) or at https://account.cubexfitness.com/delete-account. Deleting your account does not cancel a store subscription — cancel it in your store settings first. We may stop offering the App or a feature; if we end a paid feature before the end of a period you paid for, we will tell you in advance where possible. Sections 2, 6, 8, 11, 12 and 14 continue to apply after these Terms end.

14. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Disputes will be heard by the courts of Ontario, Canada. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in your local courts where the law allows. Before going to court, please contact us — most issues can be solved quickly by email.

15. Changes to these Terms

We may update these Terms. We will change the "Last updated" date and, for material changes, tell you in the App before they take effect. If you continue to use the App after the changes take effect, you accept the new Terms; if you do not agree, stop using the App and cancel any subscription.

16. Contact

Questions about these Terms or the App:

• Cubex AI Technologies Inc.
• Email: support@cubexfitness.com
• Website: www.cubexfitness.com