Terms of Service

1. Who can use the Service

You must be at least 18 years old to use the Service. By using it, you confirm that you are 18 or older and that the information you give us is accurate. The Service is offered to users in the United States.

2. What the Service is

The Service uses software and artificial intelligence to build personalized strength-training programs and to give you general coaching information based on the lifts and goals you enter. It is an informational and educational tool. It is not medical advice, physical therapy, or a substitute for an in-person coach, trainer, or healthcare professional.

Programs are generated by automated systems and may contain errors, may not suit your circumstances, and are suggestions only. You are responsible for deciding whether any program, exercise, or load is appropriate and safe for you, and for using good form and sound judgment. Your use of the Service is also subject to our Fitness and Medical Disclaimer.

3. Your account

You are responsible for your account and for keeping your login credentials secure. Keep your information current. You may not share your account, use someone else’s account, or create an account for anyone under 18.

4. Subscriptions, billing, and the free tier

Some features require a paid subscription. We offer a monthly plan and an annual plan, with current prices shown at checkout. New users may generate a limited number of programs at no cost to try the Service; beyond that, an active subscription is required to generate programs and to use the ongoing coaching features. Sending a program to a connected workout app does not count against your generation allowance.

Subscriptions are billed in advance through a third-party payment processor and renew automatically at the end of each billing period (each month or each year) until you cancel. By subscribing, you authorize us and our payment processor to charge your payment method on each renewal. You can cancel at any time through the billing management area; your access continues until the end of the period you have already paid for.

Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial periods, unused time, or unused program generations. See our Refund and Billing Policy for details.

We may change prices or plans. If we change the price of a plan you are on, we will give you notice before the change takes effect, and the new price applies to your next renewal. If a payment fails, we may retry it and may suspend or cancel your access if it remains unpaid.

5. Acceptable use

When using the Service, you agree not to:

• break the law or infringe anyone’s rights
• copy, scrape, resell, or redistribute the Service or the programs it generates
• reverse engineer, interfere with, or try to gain unauthorized access to the Service or its systems
• upload content that is unlawful, harmful, or that you do not have the right to provide
• use the Service to build or train a competing product

6. Connecting a workout app

The Service lets you connect a separate, third-party workout-logging service that you use, by providing a key from that service. Doing so is optional, and the Service works without it. That service is operated by another company under its own terms and privacy practices, and we are not responsible for it. You are responsible for your own account and key with that service.

7. Our intellectual property

The Service, including its software, coaching content, the coach personas, the The Virtual Coach name, and its look and feel, is owned by us or our licensors and is protected by law. We grant you a limited, personal, non-transferable, revocable license to use the Service for your own training while these Terms are in effect. We reserve all rights not expressly granted.

8. Your content

You keep ownership of the information you enter, such as your lifts, goals, and notes ("Your Content"). You grant us a license to host, process, and use Your Content as needed to operate and improve the Service and to provide it to you. You are responsible for Your Content and confirm you have the right to provide it.

9. Assumption of risk and medical disclaimer

Strength training carries an inherent risk of injury. You use the Service and follow any program at your own risk. The Service is not medical advice and does not replace a physician, physical therapist, or qualified coach. You should consult a physician before starting any exercise program, especially if you have an injury, pain, or a medical condition.

You are solely responsible for your exercise technique, your choice of weights, and your training decisions. To the fullest extent permitted by law, we are not responsible or liable for injury, harm, or loss arising from your form, your technique, your decisions, or your use of any program or information from the Service. This section is part of these Terms and is detailed further in our Fitness and Medical Disclaimer.

10. Disclaimer of warranties

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will produce any particular fitness, strength, or health result.

11. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the twelve months before the claim or one hundred US dollars. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

12. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or end your access if you violate these Terms or if we discontinue the Service. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, and indemnification.

14. Changes to these Terms

We may update these Terms from time to time. When we make a material change, we will update the date at the top and may ask you to accept the updated Terms. Your continued use of the Service after an update means you accept the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. You agree that any dispute relating to the Service will be resolved exclusively in the state and federal courts located in Travis County, Texas, and you consent to the jurisdiction of those courts.

16. Contact

Questions about these Terms can be sent to support@thevirtualcoach.fit.