FitApp Terms of Service

Effective date: 2026-06-03 Last updated: 2026-06-03

PLEASE READ CAREFULLY. These Terms include important provisions that limit our liability and govern how disputes are resolved — including a binding individual arbitration clause and a class action waiver (Section 16). You can opt out of arbitration within 30 days (see Section 16.4). By using the FitApp app, you agree to these Terms. If you do not agree, do not use the app.

1. Who you are agreeing with

In short: Pagani Enterprises LLC, a Florida company, runs FitApp. These Terms are between you and us.

These Terms of Service ("Terms") form a binding agreement between you ("you", "your") and Pagani Enterprises LLC, a Florida limited liability company ("FitApp", "we", "us", "our").

Contact:

• Email: business@paganienterprises.com
• Subject line: "Legal — FitApp"

2. Acceptance

In short: creating an account or using the app means you have read and accepted these Terms and our Privacy Policy.

By creating a FitApp account, downloading the app, or using any of its features, you confirm that:

1. You have read these Terms and our Privacy Policy.
2. You agree to be bound by them.
3. You have the legal capacity to enter into this agreement.

If you are using the app on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Eligibility

In short: you must be at least 16 years old, and if our safety screener flags you, you must accept the medical disclaimer before continuing.

To use FitApp you must:

• Be at least 16 years old. The app is not directed to anyone under 16, and we will close any account we discover belongs to someone under that age.
• Provide accurate signup information.
• Complete the in-app onboarding flow, including the PAR-Q safety screener. If you answer "yes" to any safety question (current activity-limiting pain, recent surgery, or a physician's restriction on exercise), you must read and explicitly accept the in-app medical disclaimer before you can use the app's training features. The exact disclaimer is shown to you in the app and is incorporated into these Terms by reference.

You are responsible for the accuracy of the information you enter into FitApp, including your age, weight, height, goals, and PAR-Q answers. The app makes safety and programming decisions based on what you tell it.

4. Your account

In short: one account per person, keep your password to yourself, you are responsible for what happens on your account.

• One account per individual. Do not create multiple accounts, transfer your account, or share your credentials.
• Keep your password and any device that auto-fills it secure.
• Notify us at business@paganienterprises.com immediately if you suspect unauthorized access.
• We are not liable for losses caused by unauthorized use of your account that you could have prevented.

5. License to use the app

In short: we grant you a limited, personal, non-transferable right to use the app. We keep ownership of the app itself.

Subject to your compliance with these Terms, Pagani Enterprises LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the FitApp app on devices you own or control, for your personal, non-commercial use.

This license does not give you any right to:

• Copy, modify, translate, adapt, or create derivative works of the app.
• Reverse engineer, decompile, disassemble, or attempt to derive source code.
• Remove or alter copyright, trademark, or proprietary notices.
• Sublicense, sell, rent, lease, or otherwise transfer the app or your license to it.
• Use the app for the benefit of any third party (e.g., as a service bureau).

We reserve all rights not expressly granted to you here.

For users on the Apple App Store, the Apple Standard EULA also applies and is incorporated by reference. For users on Google Play, Google's standard distribution terms apply.

6. Your content

In short: you keep ownership of what you put into the app. You give us only the license we need to run the service for you.

"Your Content" means everything you upload, enter, or generate inside the app, including:

• Body-scan images and PDFs you upload.
• Custom recipes, custom meal plans, and custom workout plans you create.
• Workout, meal, water, and weight logs.
• Notes and any free-text fields.

You retain ownership of Your Content.

By using the app, you grant Pagani Enterprises LLC a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, copy, transmit, process, display, and create derivative works of Your Content solely for the purpose of operating and providing the FitApp service to you, including:

• Running your scan through our AI processor (Anthropic / Claude) to extract metrics and generate plans, as described in the Privacy Policy.
• Showing your data back to you across devices.
• Backing up and restoring your data.

This license ends when you delete the relevant content or your account, except (a) for content you have shared publicly in any future feature, and (b) to the extent we must keep copies in operational backups for a limited period before they roll off (see Privacy Policy Section 7).

You are solely responsible for Your Content and represent that you have all rights necessary to upload it. Do not upload anything you do not have the right to upload.

7. Acceptable use

In short: don't break the app, don't break the law, don't pretend the app is medical advice, and don't impersonate professionals.

You agree not to:

• Use the app for any unlawful purpose, or in violation of any applicable law or regulation.
• Use the app to provide medical, dietary, or training advice to other people, or hold yourself out as a healthcare professional based on outputs from the app.
• Make any false or misleading health, medical, or fitness claims based on the app.
• Scrape, crawl, or harvest data from the app or our servers.
• Reverse engineer, probe, or attempt to bypass any security mechanism, rate limit, or access control.
• Upload viruses, malware, or any code intended to disrupt the app.
• Submit content that is defamatory, obscene, harassing, threatening, or violates anyone's privacy or intellectual property rights.
• Upload another person's body-scan report, medical record, or biometric data without their explicit, informed consent.
• Resell, sublicense, or otherwise commercialize the app or its outputs.
• Share or transfer your account credentials.
• Attempt to circumvent any usage quota (e.g., the daily body-scan processing cap that exists for cost and abuse-prevention reasons).

We may suspend or terminate accounts that violate this section without notice when the violation is serious or ongoing.

8. AI-generated plans — important disclaimer

In short: the workouts and meal plans the app generates are computer-generated suggestions, not medical advice, not a prescription, and not a substitute for a qualified professional.

FitApp uses both deterministic algorithms and AI (currently Anthropic's Claude API) to generate personalized workout and nutrition guidance, including:

• 7-day workout and meal plans derived from your body-scan reports.
• Daily macro targets, exercise selections, and recovery suggestions.
• Plain-English explanations of body composition metrics.

You acknowledge and agree that:

• These outputs are suggestions only.
• They are NOT medical advice, NOT a diagnosis, NOT a prescription, and NOT a treatment plan.
• They are NOT a substitute for advice from a licensed physician, registered dietitian, certified personal trainer, physical therapist, or other qualified professional.
• AI systems can be wrong, can misread a scan report, and can produce guidance that is unsuitable for your specific situation.
• The app cannot detect medical conditions, injuries, eating disorders, pregnancy, medication interactions, or other circumstances that may make a recommendation unsafe for you.
• You are solely responsible for deciding whether any recommendation is appropriate for you, and for stopping or modifying activity that causes pain, dizziness, shortness of breath, or any symptom that concerns you.

If you have any medical condition, are pregnant or postpartum, are recovering from injury or surgery, are taking prescription medication, have an eating disorder history, or are otherwise unsure whether exercise or a particular diet is safe for you, consult a qualified healthcare professional before using FitApp's recommendations.

This disclaimer is in addition to — and does not replace — the in-app medical disclaimer shown after the PAR-Q screener.

9. Health and safety disclaimer

In short: FitApp is a fitness tracking and training tool. It is not a medical service.

FitApp is a wellness and fitness application. It is not:

• A medical device.
• A healthcare provider.
• A telemedicine service.
• A diagnostic tool.
• HIPAA-covered (we are not a "covered entity" or "business associate" under HIPAA).

Always consult your physician before beginning any exercise program, particularly if you:

• Have a heart condition, high blood pressure, diabetes, or any chronic illness.
• Are pregnant, postpartum, or trying to conceive.
• Are recovering from injury, surgery, or illness.
• Have any musculoskeletal pain or limitation.
• Have not exercised regularly in the past six months.

Stop exercising and seek medical attention immediately if you experience chest pain, sudden shortness of breath, dizziness, fainting, severe joint pain, or any other warning sign.

You assume all risk associated with using FitApp and any of its recommendations.

10. Subscriptions and payments

In short: the app is currently free. If we add paid features, we will tell you the terms before you pay.

As of the Effective Date, FitApp is free to use. There are no subscriptions, in-app purchases, or paid tiers.

If we introduce paid features in the future, they will be sold through the Apple App Store In-App Purchase system (and Google Play Billing for any Android version), and the following will apply:

• Apple/Google handles billing, refunds, taxes, and renewals. Their terms and refund policies apply to the transaction.
• We will publish supplementary subscription terms describing pricing, billing cycle, auto-renewal, free trials (if any), and cancellation, and you will need to accept them before the first charge.
• Subscriptions auto-renew at the end of each cycle unless cancelled in your App Store / Play settings before the renewal date.
• We do not issue refunds directly; refund requests must go through Apple or Google.

11. Termination

In short: you can leave anytime. We can terminate accounts that break these Terms.

11.1 By you

You can stop using FitApp at any time. To delete your account and all associated data, use the Delete Account option in the in-app Profile screen, or email privacy@paganienterprises.com from the email tied to your account.

11.2 By us

We may suspend or terminate your account, with or without notice, if:

• You materially breach these Terms (we will give reasonable notice and a chance to cure where the breach is curable).
• Your use of the app creates a legal, security, or financial risk for us or other users.
• We are required to do so by law.
• We discontinue the app or any feature you depend on (we will give at least 30 days' notice in this case unless circumstances make that impractical).

11.3 Effect of termination

On termination:

• Your right to use the app ends immediately.
• We will delete your data on the schedule described in the Privacy Policy.
• Sections that by their nature should survive — Sections 6 (license you grant us, with respect to backups), 8, 9, 12, 13, 14, 15, 16, 17, and 18 — survive termination.

12. Disclaimers and warranties

In short: the app is provided "as is". We don't promise it will work perfectly, give you specific results, or be available all the time.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP, ALL CONTENT, AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We expressly disclaim:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• Any warranty that the app will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• Any warranty that AI-generated plans, parsed body-scan metrics, calorie estimates, or any other output will be accurate, complete, current, or appropriate for you.
• Any warranty that you will achieve any particular fitness, weight, body composition, or health result by following the app's recommendations.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the warranties we cannot exclude are limited to the minimum scope and shortest duration permitted by law.

13. Limitation of liability

In short: if we somehow do owe you money, our total liability is capped — at $100 if you used the app for free.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

1. No indirect or consequential damages. Pagani Enterprises LLC, its officers, members, employees, agents, and affiliates will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, loss of goodwill, personal injury (except where the law forbids excluding such liability), or business interruption, arising from or relating to your use of the app — even if we have been advised of the possibility of such damages.

2. Aggregate liability cap. Our total cumulative liability to you for any and all claims arising from or relating to these Terms or the app is limited to the greater of (a) the total amounts you paid Pagani Enterprises LLC in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100.00).

3. The limitations in this section apply whether the claim is based in contract, tort (including negligence), strict liability, statute, or any other legal theory.

These limitations are a fundamental basis of the bargain between you and Pagani Enterprises LLC. Without them, we would not be able to offer the app on the terms we do.

Some jurisdictions do not permit the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the smallest amount permitted by law.

14. Indemnification

In short: if your misuse of the app gets us sued, you cover our costs.

You agree to defend, indemnify, and hold harmless Pagani Enterprises LLC and its officers, members, employees, and agents from any claim, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the app.
• Your violation of these Terms or any law.
• Your Content, including any claim that Your Content infringes a third party's rights.
• Any harm caused to a third party by your reliance on the app's outputs (e.g., applying the app's recommendations to someone else).

We may, at our option, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.

15. Governing law and venue

In short: Florida law applies, and lawsuits go to Florida courts.

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and Pagani Enterprises LLC agree that any lawsuit not subject to dispute resolution under Section 16 must be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of those courts.

16. Dispute resolution — binding arbitration and class action waiver

In short: try to work it out by email first. If that fails, disputes are resolved by binding individual arbitration, not in court — and not as part of a class action. You can opt out of arbitration within 30 days of creating your account.

16.1 Informal resolution (required first step)

Before initiating any arbitration or lawsuit, you agree to first contact us at business@paganienterprises.com with a written description of the dispute and try to resolve it informally. We will respond within 30 days. If we cannot resolve the matter within 60 days of your initial notice, either party may proceed under this Section 16.

16.2 Binding individual arbitration

You and Pagani Enterprises LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or your use of the app — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved by final and binding arbitration on an individual basis, rather than in court, except as provided in Section 16.5.

• Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. AAA rules and forms are available at www.adr.org.
• The arbitration will be conducted by a single arbitrator, in English. For claims of USD $25,000 or less, the arbitration will be conducted on the basis of written submissions unless the arbitrator decides a hearing is necessary or a party requests one; any hearing may be held by videoconference unless the arbitrator decides an in-person hearing is required, in which case it will take place in Broward County, Florida, or another mutually agreed location.
• Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules, which cap the consumer's filing fee. We will pay the remaining AAA fees as those rules require.
• The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides any dispute about the enforceability of the class action waiver in Section 16.3.
• The arbitrator may award the same individual relief a court could award, including injunctive or declaratory relief, but only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
• Judgment on the arbitration award may be entered in any court with jurisdiction.
• This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
• Nothing in this Section requires arbitration of a claim that, under applicable law, cannot be subject to a pre-dispute arbitration agreement — including claims covered by the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022, which you may elect to bring in court.

16.3 Class action waiver

You and Pagani Enterprises LLC each waive the right to a trial by jury and the right to bring or participate in any class, collective, consolidated, or representative action or arbitration. All claims must be brought in a party's individual capacity only. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If a court finds this class action waiver unenforceable as to a particular claim, then the arbitration agreement in Section 16.2 does not apply to that claim, which must instead be brought in the courts identified in Section 15 — but this waiver remains fully enforceable as to all other claims.

16.4 Your right to opt out

You may opt out of the arbitration agreement and class action waiver in Sections 16.2 and 16.3 by emailing business@paganienterprises.com with the subject line "Arbitration Opt-Out" within 30 days of first creating your FitApp account. Your opt-out notice must include your name and the email address associated with your account. Opting out has no other effect on these Terms — all other provisions, including Section 15, continue to apply. Opting out of arbitration for one account covers that individual permanently; we will not penalize you in any way for opting out.

16.5 Exceptions

Notwithstanding Sections 16.2 and 16.3, either party may:

• Bring an individual claim in small claims court in Broward County, Florida (or your county of residence, if the claim qualifies there), so long as the claim remains in small claims court and is not removed or appealed to a court of general jurisdiction.
• Seek injunctive or other equitable relief in court to protect its intellectual property rights (e.g., to stop unauthorized copying or reverse engineering of the app) without first engaging in arbitration or informal resolution.

16.6 Time limit

Any claim arising out of these Terms must be brought within one (1) year of the date the claim arose, or it is permanently barred — to the extent allowed by law.

17. App Store terms (Apple / Google)

In short: Apple and Google are not parties to these Terms, but their store rules also apply.

If you obtained the app from the Apple App Store:

• These Terms are between you and Pagani Enterprises LLC, not Apple. Apple is not responsible for the app or its content.
• Apple is a third-party beneficiary of these Terms and may enforce them against you.
• You must comply with the Apple Media Services Terms and the Apple Standard EULA.
• For any maintenance, support, refund, or product-liability claim, Apple has no obligation; contact us first.

If you obtained the app from Google Play, equivalent rules apply with respect to Google.

18. Changes to these Terms

In short: we may update these Terms. Material changes get notice; continuing to use the app means you accept the updates.

We may update these Terms from time to time. When we do:

• We will update the "Last updated" date at the top.
• For material changes — such as a new fee, a change in dispute resolution, or a meaningful narrowing of your rights — we will notify active users in-app and by email at least 30 days before the change takes effect.
• For non-material changes, we will post the new version at the URL where these Terms live.

If you do not agree to a change, your remedy is to stop using the app and delete your account before the change takes effect. Continued use after the effective date constitutes acceptance.

19. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any in-app disclaimers you accept, are the entire agreement between you and Pagani Enterprises LLC about the app.
• Severability. If any provision is held unenforceable, the rest of the Terms remain in effect, and the unenforceable provision will be replaced with one that comes closest to the original intent.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
• Force majeure. We are not liable for delays or failures caused by events outside our reasonable control (e.g., natural disasters, internet outages, governmental action).
• Headings. Section headings are for convenience only and do not affect interpretation.
• Notices. We may send you legal notices through the app, by email to the address on file, or through any other reasonable means. You should send legal notices to us by email at business@paganienterprises.com.

20. Contact

For any question about these Terms:

• Email: business@paganienterprises.com
• Entity: Pagani Enterprises LLC, Florida, United States
• Postal address: 2139 N University Dr #2006, Coral Springs, FL 33071, United States

These Terms are published in English. If we publish translations, the English version controls in case of conflict.