Terms of Service

1. Agreement to Terms

Welcome to MyCoachBob. These Terms of Service ("Terms") govern your access to and use of the MyCoachBob application and website (collectively, the "Service"), operated by MyCoachBob ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 13 years old to use our Service. By using our Service, you represent and warrant that you are at least 13 years old and that your use of the Service does not violate any applicable laws or regulations.

3. Account Registration

3.1 Creating an Account

To access certain features of our Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding the password and other credentials you use to access your account. You agree not to disclose your password to any third party and to immediately notify us if you become aware of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

We reserve the right to disable or terminate your account at our sole discretion if we believe you have violated these Terms or if you use our Service in a manner that could cause harm to MyCoachBob, the Service, other users, or third parties.

4. Service Description

4.1 Workout Programming

MyCoachBob provides an AI-enabled platform that creates personalized workout programs based on your goals, experience level, available equipment, and other factors. While we strive to provide accurate and effective exercise recommendations, results may vary.

4.2 Progress Tracking

Our Service allows you to track your workout performance, achievements, personal records, and other fitness metrics to monitor your progress over time.

4.3 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

5. User Content

5.1 Content Ownership

You retain all rights to any content you submit, post, or display on or through the Service ("User Content"). By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for the purpose of providing and improving the Service.

5.2 Content Responsibility

You are solely responsible for your User Content and the consequences of sharing it. You represent and warrant that you own or have the necessary rights to post your User Content and that your User Content does not violate these Terms, our policies, or any applicable laws.

5.3 Content Monitoring

We do not actively monitor User Content but reserve the right to review and remove any User Content that violates these Terms or that we find objectionable at our sole discretion.

6. Health and Fitness Disclaimer

6.1 Not Medical Advice

The Service provides general fitness recommendations and is not intended to replace professional medical advice, diagnosis, or treatment. Always consult with a healthcare professional before starting any new exercise or fitness program, especially if you have existing health conditions.

6.2 User Responsibility

You acknowledge that exercise carries inherent risks. You are responsible for exercising within your own limits and stopping any activity that causes discomfort or injury. You use the Service at your own risk.

6.3 Results Disclaimer

Fitness results vary based on individual effort, consistency, and biological factors. We do not guarantee specific outcomes from using our Service.

7. Subscriptions and Payments

7.1 Subscription Services

We offer both free and premium subscription tiers. By selecting a premium subscription, you agree to pay the applicable fees as they become due.

7.2 Payment Processing

Payments are processed through third-party payment processors (e.g., Stripe). Your use of these payment services is subject to their respective terms and conditions.

7.3 Subscription Terms

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings.

7.4 Refunds

Refund policies are detailed in our Refund Policy, accessible on our website. We may issue refunds at our discretion in accordance with applicable laws.

7.5 Price Changes

We reserve the right to adjust pricing for our Service. If we change pricing, we will notify you before the change takes effect.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its content, features, and functionality, is owned by MyCoachBob or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written consent.

8.2 License to Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal, non-commercial use, subject to these Terms.

9. Prohibited Conduct

You agree not to:

• Use the Service in any way that violates laws or regulations
• Impersonate any person or entity or falsely state your affiliation
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use the Service to transmit malware, viruses, or other malicious code
• Engage in data mining or scraping of the Service
• Use the Service to send unsolicited communications
• Attempt to bypass any measures designed to prevent or restrict access to the Service

10. Termination

10.1 Your Right to Terminate

You may terminate your account at any time by following the instructions in your account settings.

10.2 Our Right to Terminate

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

11. Disclaimers

11.1 Service "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

11.2 Service Reliability

We do not warrant that the Service will function uninterrupted, secure, or available at any particular time or location, or that any errors or defects will be corrected.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall MyCoachBob, its affiliates, directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service.

13. Indemnification

You agree to defend, indemnify, and hold harmless MyCoachBob and its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco, California.

15. Dispute Resolution

15.1 Informal Resolution

If you have a dispute with us, you agree to contact us first and attempt to resolve the dispute informally.

15.2 Arbitration

If the dispute cannot be resolved informally, you and MyCoachBob agree to resolve any disputes through binding arbitration in accordance with the American Arbitration Association's rules.

15.3 Exceptions

You may assert claims in small claims court if your claims qualify. You may seek injunctive relief in any court having jurisdiction to protect your intellectual property rights.

15.4 Class Action Waiver

All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any class action, collective action, or representative proceeding.

16. Miscellaneous

16.1 Entire Agreement

These Terms constitute the entire agreement between you and MyCoachBob regarding your use of the Service.

16.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

16.5 Amendments

We reserve the right to modify these Terms at any time. When we make material changes to these Terms, we will provide notice as appropriate under the circumstances, such as through the Service, via email, or by displaying a prominent notice.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: terms@mycoachbob.com

Mail: MyCoachBob Legal Department, 123 Fitness Street, Workout City, WO 12345