DRAFT: for owner and attorney review before publication. Not yet in effect.

This document is a pre-publication draft. It is not a binding agreement and has not been reviewed by counsel. Do not publish, link in-app, or host publicly until the owner and an attorney approve final wording. Bracketed [OWNER-CONFIRM: …] items require an explicit business or legal choice before publication.

TerraFit Terms of Service

Last Updated: July 11, 2026 (draft)

TerraFit ("we," "us," or "our") operates the TerraFit mobile application (the "App") and related services (collectively, the "Service"). These Terms of Service ("Terms") govern your access to and use of the Service.

By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms should be read together with our Privacy Policy, which describes how we collect and use personal information.

1. The Service

TerraFit is a fitness mobile app (iOS via Expo/React Native, with a Fastify API backend) for beginner-to-intermediate gym-goers and experienced lifters who want structured tracking. Subject to change as we ship features, the Service may include:

Beta / pre-launch context. TerraFit is pre-launch and may be distributed via Apple TestFlight under invite-only beta conditions. Certain features may be feature-flagged off (e.g., nutrition, wellness check-ins, AI coach) or altered for beta. See Section 4 (Beta Terms).

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice, to the extent permitted by law.

2. Eligibility & Accounts

2.1 Eligibility

You must be at least [OWNER-CONFIRM: minimum age: Privacy Policy currently states the App is not intended for children under 13; confirm 13+ COPPA-aligned floor, or a higher age such as 16/18 if preferred] years old to create an account and use the Service.

If you are under the age of majority in your jurisdiction but meet the minimum age above, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf [OWNER-CONFIRM: whether parental consent language is required for your chosen age floor and launch markets].

2.2 Account registration

You agree to provide accurate, current, and complete information when registering and to keep your profile information reasonably up to date. Account information may include email, username, display name, password (or sign-in via Apple/Google where enabled), fitness level, goals, and preferred workout days.

2.3 Credential responsibility

You are responsible for:

We are not liable for losses arising from unauthorized use of your account where you failed to safeguard credentials, except where required by applicable law.

2.4 One account; no sharing

You may not sell, transfer, or share your account. We may suspend or terminate accounts that appear shared, fraudulent, or created to evade bans or rate limits.

2.5 Termination by TerraFit

We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, abused the Service, created safety or legal risk, or if we discontinue the Service. Upon termination, your right to use the Service ends immediately. Provisions that by nature should survive (including Sections 5–7, 9–12) will survive termination.

2.6 Your right to stop using the Service & account deletion

You may stop using the Service at any time.

Account deletion. You have the right to request deletion of your account and associated data. As of this draft:

Deletion is permanent and may remove workout history, social content, progress photos, program enrollments, and gamification progress associated with your account, subject to limited legal retention and content that others lawfully retain copies of (e.g., messages already delivered to other users: [OWNER-CONFIRM: exact treatment of UGC copies on other users' devices/feeds after account deletion]).

3. Acceptable Use

You agree not to:

We may investigate violations and take action including content removal, feature restriction, or account termination.

4. Beta Terms (Pre-Release Software)

The Service may be offered as pre-release, beta, or TestFlight software.

You acknowledge and agree that:

  1. As-is beta. Pre-release software is provided AS IS and may contain bugs, incomplete features, or inaccurate training suggestions.
  2. Change and data loss. Features, data models, progression logic, leagues, and UI may change without notice. We may reset, migrate, or lose beta data (including workouts, XP, leagues, or social content). Do not rely on beta data as your sole training log.
  3. Premium during beta. While a beta mode flag is active, some or all premium capabilities may be unlocked for testers without a paid subscription. That access does not create a paid entitlement after beta ends.
  4. Feedback license. If you provide feedback, ideas, bug reports, or suggestions, you grant TerraFit a perpetual, worldwide, royalty-free, irrevocable license to use, modify, and commercialize that feedback without obligation or compensation to you. Feedback is not confidential unless we agree otherwise in writing.
  5. Tester duties. You agree not to publicly misrepresent the beta as a finished product, and not to share invite-only TestFlight access except as we permit.

5. User-Generated Content

5.1 What is UGC

The Service may allow you to create or upload content ("User Content"), including but not limited to:

5.2 Ownership

You retain ownership of your User Content, subject to the licenses and rights granted in these Terms and any third-party rights in the content.

5.3 License to TerraFit

By submitting User Content to the Service, you grant TerraFit a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, perform, distribute, and otherwise use that User Content solely to operate, improve, promote, and provide the Service (for example: showing posts in the feed, rendering club content to members, displaying shared programs to eligible users, and generating thumbnails).

This license ends when you delete the content or your account, except for: (a) reasonable backup retention windows; (b) content already shared with others who may still hold a copy through normal Service use; and (c) uses required for legal compliance or safety.

You represent that you have all rights necessary to grant this license and that your User Content does not infringe others' rights.

5.4 Prohibited content

You may not post User Content that:

5.5 Moderation

We do not pre-screen all User Content but reserve the right to remove, restrict, or refuse any User Content for any reason, including Terms violations or community safety.

In-app tools may include block and mute of other users. Moderation actions (content removal, account restriction) are at our discretion and do not create an obligation to monitor all content.

[OWNER-CONFIRM: formal DMCA / copyright complaint process and designated agent email, if/when required for U.S. publication]

6. Health Disclaimer & Assumption of Risk

This section is intended to be consistent with the in-app health/medical disclaimer planned under compliance-02. Final in-app copy and this section should be reconciled before publication.

6.1 Not medical advice

TerraFit is a fitness tracking and training-support tool, not a medical device, and not a substitute for professional medical advice, diagnosis, or treatment. Workout suggestions, auto-progression, overload recommendations, recovery indicators, body composition estimates, stretch routines, and any coaching-style guidance are informational and algorithmic only. They are not medical advice and are not personalized healthcare.

Always consult a physician or qualified healthcare provider before starting a new exercise program, especially if you have injuries, medical conditions, are pregnant, or have been inactive. If you experience pain, dizziness, chest pain, or other warning symptoms, stop exercising and seek medical help.

6.2 Assumption of risk

Physical exercise, weightlifting, and stretching involve inherent risks of injury, illness, or death. You use the Service and perform any exercise at your own risk. You are solely responsible for determining whether an exercise, weight, volume, progression, or stretch is appropriate for you, and for using safe form, equipment, and spotting practices.

To the maximum extent permitted by law, TerraFit is not responsible for injuries, health outcomes, or damages arising from your reliance on training suggestions, gamification incentives (e.g., streaks or league pressure), social challenges, or any content in the App, including User Content from other users.

6.3 No emergency services

The Service is not monitored for emergencies and cannot contact emergency services for you.

7. Subscriptions & Purchases

[v2.0: activates with monetization; see docs/research/2026-07-10/10-strategic-focus.md §3.7 pricing plan-of-record]

Monetization is deferred. Beta users may receive full feature access without payment via beta mode. The following terms are a placeholder framework for when paid subscriptions are enabled. Do not state prices in this document. Specific product identifiers, trial lengths, and store SKUs will be set in App Store Connect / RevenueCat at launch of paid plans.

When paid subscriptions are offered:

  1. Platform billing. Purchases are processed by Apple (App Store / StoreKit) and/or other platform billing systems we support, often mediated by RevenueCat. Your payment relationship for IAP is primarily with the platform, subject to that platform's terms.
  2. Auto-renewal. Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current period (consistent with the disclosure already shown on the in-app subscription screen).
  3. Cancellation. Manage and cancel subscriptions through your Apple ID / App Store subscription settings (or the applicable store), not solely by deleting the App. Deleting the App does not cancel a subscription.
  4. Refunds. Refunds are handled according to Apple's (or the applicable store's) refund policies. TerraFit does not promise refunds beyond what the platform requires or provides.
  5. Free tier / feature gates. Some features may require an active subscription after monetization launches. We may change feature packaging; material changes will be communicated as required by law and platform rules.
  6. Restore purchases. Where offered, "Restore purchases" re-links prior platform entitlements to your account.

[OWNER-CONFIRM: whether any non-IAP payments (web billing, promo codes, founder offers) will exist at monetization launch, and if so add matching terms]

8. Intellectual Property (TerraFit)

The Service, including software, design, logos, exercise media we provide, stretch library content we own, and branding, is owned by TerraFit or its licensors and is protected by intellectual property laws. These Terms do not transfer ownership of our IP to you.

You may not copy, modify, distribute, sell, or create derivative works from our IP except as needed to use the Service as provided, or as allowed by law.

[OWNER-CONFIRM: legal entity name that owns the IP and operates the App (e.g., sole proprietor vs LLC)]

9. Disclaimers of Warranty

[ATTORNEY REVIEW REQUIRED: standard consumer-app scale; enforceability varies by jurisdiction.]

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

Some jurisdictions do not allow certain warranty exclusions; in those places, exclusions apply only to the extent permitted.

10. Limitation of Liability

[ATTORNEY REVIEW REQUIRED: consumer-app scale; caps and carve-outs must fit launch jurisdiction(s).]

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TERRAFIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) [OWNER-CONFIRM: nominal liability floor, e.g. USD $50 / $100, for free/beta users who paid $0].

Nothing in these Terms limits liability that cannot be limited under applicable law (for example, liability for fraud, or for death/personal injury caused by negligence where such limitation is prohibited).

11. Indemnification

[ATTORNEY REVIEW REQUIRED.]

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless TerraFit and its officers, directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

12. Governing Law & Disputes

Governing law: These Terms are governed by the laws of [OWNER-CONFIRM: governing jurisdiction / state or country: do not invent; e.g., State of X, USA], without regard to conflict-of-law rules, except where mandatory consumer protection laws of your country of residence apply.

Disputes: [OWNER-CONFIRM: dispute resolution method: informal negotiation period, binding arbitration (and provider), small-claims carve-out, class-action waiver yes/no, and venue/courts if litigation is allowed]

13. Contact

For questions about these Terms, account deletion requests (until in-app deletion ships), or legal notices:

Email: [OWNER-CONFIRM: legal / support contact email for Terms and notices: Privacy Policy currently lists [email protected]; confirm whether the same address applies]

Mailing address: [OWNER-CONFIRM: business mailing address if required for legal notices in your jurisdiction: do not invent]

14. Changes to These Terms

We may update these Terms from time to time. We will indicate the "Last Updated" date at the top. For material changes, we may provide additional notice (e.g., in-app notice or email) as required by law.

Continued use of the Service after the effective date of updated Terms constitutes acceptance, except where applicable law requires a different consent method for certain changes.

15. Miscellaneous

Draft publication checklist (owner / attorney: not part of the legal terms)