Terms of Service

1. Acceptance of Terms

By downloading, accessing, or using PledgeFit (the "App"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, do not access or use the App.

These Terms form a binding agreement between you and Buchnol Labs, LLC ("Buchnol Labs," "we," "us," or "our").

2. Eligibility

You may use the App only if you:

• Are at least 18 years of age (or the age of legal majority in your jurisdiction), and
• Have the legal capacity to enter into a binding contract.

If you are under 18 or under the age of legal majority, you may not use the App.

3. Description of Service

PledgeFit is a mobile application that provides AI-powered fitness planning and related tools (collectively, the "Services"). These may include, but are not limited to:

• Personalized workout plan generation
• Workout and progress tracking
• Progress analytics and insights
• AI-powered fitness coaching and recommendations
• Exercise library and exercise demonstrations

We may modify, enhance, or discontinue features of the Services at any time, with or without notice, subject to applicable law.

4. User Accounts

4.1 Account Creation

To use certain features of the App, you must create an account ("Account") using one or more of the following methods:

• Email and password
• Google OAuth
• Apple Sign-In

You agree to provide accurate, current, and complete information when creating your Account and to update such information as necessary.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• Restricting access to your device and Account
• All activities that occur under your Account

You must immediately notify us at team@pledgefit.ai if you become aware of any unauthorized use of your Account or any breach of security. We reserve the right to suspend or terminate your Account if we reasonably believe you have violated these Terms.

5. Health and Safety Disclaimer (No Medical Advice)

• The App and Services are intended for general fitness and wellness purposes only.
• PledgeFit does not provide medical advice and is not a medical or healthcare service.
• No content or recommendation in the App should be interpreted as:
  • Medical advice
  • Diagnosis
  • Treatment
  • A prescription or clinical recommendation

You should always consult a physician or other qualified healthcare professional before:

• Starting a new exercise program
• Making significant changes to your physical activity, diet, or lifestyle
• Using the App if you are pregnant, breastfeeding, have a pre-existing medical condition, or are recovering from an injury or surgery

If at any time you experience pain, dizziness, chest pain, shortness of breath, or any other concerning symptom while following an exercise or recommendation from the App, you should stop immediately and seek medical attention or emergency help as appropriate.

You understand and agree that you use the App and engage in any physical activities at your own risk.

6. Assumption of Risk

Physical exercise and fitness activities carry inherent risks, which may include serious injury or death. By using the App, you:

• Acknowledge these risks
• Voluntarily assume all risks associated with the activities you choose to perform
• Accept full responsibility for your decisions and actions related to exercise and physical activity

To the maximum extent permitted by law, Buchnol Labs, LLC is not responsible or liable for any injury, health problem, or damage that may result from your use of the App or from performing any exercise, activity, or program suggested by the App.

7. User Responsibilities

You agree that you will:

• Provide true, accurate, and complete information when creating and maintaining your Account
• Use the App only for lawful purposes and in compliance with these Terms
• Exercise safely and within your current physical capabilities
• Follow any instructions, warnings, and safety notices provided in the App
• Not allow any other person to use your Account

You agree that you will not:

• Attempt to hack, reverse engineer, decompile, or otherwise attempt to derive source code or underlying ideas from the App
• Circumvent or attempt to circumvent any security or access control features
• Use the App to transmit any harmful, fraudulent, or unlawful content
• Use any automated means (such as bots or scrapers) to access, query, or otherwise interact with the App, except as expressly allowed
• Use the App or its content to train or develop models or datasets without our prior written consent

8. Subscription, Payments, and Refunds

8.1 Payment Processing

All in-app purchases and subscriptions for PledgeFit are processed exclusively through the Apple App Store. By making a purchase, you agree to Apple's payment terms and conditions. We do not collect, process, or store your payment information directly—all transactions are handled by Apple.

8.2 Subscription Features

If the App offers paid subscriptions or other paid features ("Paid Services"):

• Subscription pricing, billing cycles, and available features will be clearly displayed in the App before purchase.
• Subscriptions are billed on a recurring basis (e.g., monthly, annually) as selected at the time of purchase.
• Payment will be charged to your Apple ID account at confirmation of purchase.

8.3 Auto-Renewal

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
• Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
• The renewal will be at the then-current subscription price unless you are notified otherwise.

8.4 Managing & Canceling Subscriptions

• You can view, manage, or cancel your subscription at any time by going to your Apple ID account settings after purchase.
• To cancel: Open Settings on your iOS device → tap your name → tap Subscriptions → select PledgeFit → tap Cancel Subscription.
• Important: Deleting the App does not cancel your subscription. You must cancel through your Apple ID settings.
• If you cancel, your subscription will remain active until the end of the current billing period, after which it will not renew.

8.5 Refunds

• All refund requests must be directed to Apple, as they process all payments. We do not have the ability to issue refunds directly.
• Apple's refund policies apply to all in-app purchases. To request a refund, visit reportaproblem.apple.com or contact Apple Support.
• Refunds are issued at Apple's sole discretion and in accordance with Apple's terms and applicable law.
• Once a refund is processed by Apple, your access to Paid Services may be revoked immediately.

8.6 Free Trials

If we offer a free trial period for any subscription:

• The free trial duration will be clearly displayed before you subscribe.
• You may cancel at any time during the free trial without being charged.
• If you do not cancel before the free trial ends, your subscription will automatically begin and you will be charged the applicable subscription fee.
• You may only be eligible for one free trial. Subsequent subscriptions or re-subscriptions may not include a free trial.

9. Intellectual Property

All content, features, and functionality of the App and Services, including but not limited to:

• Text, graphics, logos, icons, images, videos
• Software, code, algorithms, and AI models
• Design, layout, and user interface elements

are owned by or licensed to Buchnol Labs, LLC and are protected by copyright, trademark, and other intellectual property laws.

Except as expressly allowed by these Terms, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise exploit any portion of the App or its content.

"PledgeFit," the PledgeFit logos, and any related product or service names are trademarks or service marks of Buchnol Labs, LLC. You may not use these marks without our prior written consent.

10. User Content

If the App allows you to upload, submit, or otherwise provide content (e.g., profile information, notes, logs, progress photos, feedback) ("User Content"):

• You retain ownership of your User Content.
• You grant Buchnol Labs a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, and process your User Content solely:
  • To operate, maintain, and improve the App and Services
  • To provide personalized recommendations and analytics
  • To develop new features and functionality (in aggregated and/or de-identified form where appropriate)

You represent and warrant that:

• You have all necessary rights to provide the User Content
• Your User Content does not infringe or violate any third-party rights or any applicable laws

We may remove or disable access to any User Content that we believe violates these Terms or is otherwise harmful.

11. Privacy

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and share your information.

By using the App, you acknowledge that you have read and understood the Privacy Policy and agree to its terms.

12. Third-Party Services

The App may integrate with or rely on third-party services, such as:

• Authentication providers (e.g., Google, Apple)
• Payment processors (e.g., Apple App Store)
• Analytics or hosting providers (e.g., Supabase)

We do not control and are not responsible for the content or practices of these third parties. Your use of third-party services may be subject to their own terms and policies.

13. Disclaimer of Warranties

To the maximum extent permitted by law, the App and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or availability

We do not warrant that the App will be uninterrupted, secure, or error-free, or that any results or outcomes generated by the App (including AI-generated plans or recommendations) will be accurate, complete, or suitable for your needs.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

• Buchnol Labs, LLC and its owners, directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:
  • Personal injury
  • Loss of data
  • Loss of profits
  • Loss of business or goodwill
  • Service interruption or system failure
  • Cost of substitute services
• Our total aggregate liability arising out of or relating to your use of (or inability to use) the App or Services shall not exceed the amounts you have paid to us for the Services in the twelve (12) months preceding the event giving rise to the claim, or, if no such payments have been made, one hundred U.S. dollars (US $100).

Some jurisdictions do not allow limitations of liability or exclusion of certain damages, so some of the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Buchnol Labs, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the App or Services
• Your violation of these Terms
• Your User Content
• Your violation of any law or third-party rights

16. Changes to These Terms

We may update or modify these Terms from time to time. If we make material changes, we will provide notice through the App, by email, or by other reasonable means.

Your continued use of the App after the updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the App.

17. Governing Law and Dispute Resolution

17.1 Governing Law

Buchnol Labs, LLC is a Delaware limited liability company. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

17.2 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@pledgefit.ai to seek an informal resolution. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days after submission, you or Buchnol Labs may bring a formal proceeding.

17.3 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the App (including the formation, performance, or breach hereof) shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Section. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

• The arbitration will be conducted by a single, neutral arbitrator.
• The arbitration may be conducted in person, through the submission of documents, by phone, or online, as mutually agreed or as determined by the arbitrator.
• The arbitrator will make a decision in writing and must provide a statement of the essential findings and conclusions upon which the award is based if requested by either party.
• The arbitrator must follow applicable law (including Delaware law as specified above), and any award may be challenged if the arbitrator fails to do so.
• Class Action Waiver: You and we agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims.
• If any portion of this arbitration provision is found to be unenforceable, the remainder shall remain in effect, except that if the Class Action Waiver is found to be unenforceable, this entire arbitration provision shall be void.

17.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring an action in court to:

• Seek injunctive or other equitable relief in connection with intellectual property rights or proprietary information;
• Pursue claims in small claims court if the claims qualify and remain in small claims court; or
• Seek enforcement of an arbitration award.

17.5 Jurisdiction and Venue

For any disputes not subject to arbitration (such as those exceptions listed in Section 17.4), you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Delaware. You waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.

17.6 Time Limitation on Claims

Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to your use of the App or these Terms must be filed within one (1) year after such claim or cause of action arose; otherwise, your claim is permanently barred. This limitation applies to the fullest extent permitted by applicable law.

18. Termination

We may, at our sole discretion, suspend or terminate your access to the App or your Account at any time, with or without notice, if we believe you have violated these Terms or are otherwise using the App in a harmful or unlawful manner.

Upon termination, your right to use the App will immediately cease. Certain provisions of these Terms that by their nature should survive (such as IP ownership, disclaimers, limitations of liability, and indemnity) shall continue in full force and effect.

19. Apple App Store-Specific Terms

If you download or access the App from the Apple App Store, the following additional terms apply. These terms are required by Apple and supplement all other provisions of these Terms.

19.1 Acknowledgement

You acknowledge and agree that:

• These Terms are concluded between you and Buchnol Labs, LLC only, and not with Apple Inc. ("Apple").
• Buchnol Labs, LLC, not Apple, is solely responsible for the PledgeFit app and its content.
• The usage rules for the App do not conflict with the Apple Media Services Terms and Conditions as of the Effective Date.

19.2 Scope of License

The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The App may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.

19.3 Maintenance and Support

Buchnol Labs, LLC is solely responsible for providing any maintenance and support services with respect to the App as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

19.4 Warranty

Buchnol Labs, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty:

• You may notify Apple, and Apple will refund the purchase price for the App (if any) to you.
• To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Buchnol Labs, LLC.

19.5 Product Claims

You and Buchnol Labs acknowledge that Buchnol Labs, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to:

• Product liability claims;
• Any claim that the App fails to conform to any applicable legal or regulatory requirement; and
• Claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks (if applicable).

These Terms do not limit Buchnol Labs's liability to you beyond what is permitted by applicable law.

19.6 Intellectual Property Rights

You and Buchnol Labs acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Buchnol Labs, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.

19.7 Legal Compliance

You represent and warrant that:

• You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
• You are not listed on any U.S. Government list of prohibited or restricted parties.

19.8 Developer Name and Address

The name and address of Buchnol Labs, LLC, and the contact information to which any questions, complaints, or claims with respect to the App should be directed, are provided in Section 20 (Contact Information) below.

19.9 Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the App. For example, if you use the App while connected to a wireless network, you must not be in violation of your wireless data service agreement when using the App.

19.10 Third-Party Beneficiary

You and Buchnol Labs acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your license to use the App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

20. Contact Information

If you have any questions about these Terms or the App, you may contact us at: