Terms of Service

Last updated: April 26, 2026

1. Acceptance of Terms

By creating a FitKinec Pro account or using the FitKinec Pro mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App.

2. Description of Service

FitKinec Pro is a fitness marketplace that connects users ("Clients") with personal trainers, wellness professionals, and gym operators ("Pros"). The App provides booking, messaging, body composition tracking, AI-assisted nutrition logging, workout logging, and other related features. Some features require a paid subscription.

3. Eligibility

You must be at least 13 years old to create an account. If you are under 18, a parent or legal guardian must consent to your use of the App. Pros must be at least 18 and legally authorized to provide their services.

4. Subscriptions & Billing

• Tiers: Client Premium ($7.99/mo), Client Elite ($14.99/mo), Pro Premium ($79.99/mo), Pro Elite ($129.99/mo), Gym ($599/mo). Prices may change with 30 days notice.
• Auto-renewal: subscriptions auto-renew monthly until canceled.
• Cancellation: cancel anytime in Settings → Subscription. Cancellation takes effect at end of current billing period — no partial refunds.
• App Store / Play Store purchases: handled by Apple or Google. Refunds follow their respective policies.
• Stripe purchases: handled by Stripe. Disputes follow Stripe's chargeback process.
• Free trial: if offered, will convert automatically to a paid subscription unless canceled before the trial ends.

5. Pro Listings & Booking

• Pros are independent contractors, not employees of FitKinec. We do not control, supervise, or guarantee the quality of services delivered by Pros.
• Bookings made through the App are agreements between the Client and the Pro. FitKinec facilitates the booking but is not a party to the underlying service contract.
• Cancellation and refund policies for individual sessions are set by each Pro.

6. Health Disclaimer

FitKinec is not a medical provider. Content in the App — including AI-generated workout suggestions, AI nutrition estimates, body scans, and wellness check-ins — is for general informational purposes only and is not medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before starting any new exercise or nutrition program. Stop and seek medical attention if you experience pain, dizziness, or any concerning symptom.

7. User Conduct

You agree NOT to:

• Impersonate another person or misrepresent professional credentials.
• Upload illegal, harassing, sexually explicit, or violent content.
• Reverse-engineer, scrape, or attempt to disrupt the App.
• Use the App for any commercial purpose other than the marketplace it is designed for.
• Resell or transfer your account to another party.

8. Intellectual Property

The FitKinec name, logo, and all software, content, and design are the property of FitKinec Pro LLC. You receive a personal, non-exclusive, revocable license to use the App. Content you upload (profile photo, scans, workouts, messages) remains your property — you grant FitKinec a license to host and display it as needed to operate the service.

9. Termination

• You may delete your account anytime in Settings.
• We may suspend or terminate your account for violation of these Terms, fraudulent payment activity, or risk to other users. We will provide reasonable notice except where immediate action is required.

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT BODY SCAN / NUTRITION / AI RESULTS ARE ACCURATE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FITKINEC PRO LLC AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless FitKinec from any claim arising out of (a) your use of the App, (b) your interactions with Pros or Clients, or (c) your violation of these Terms.

13. Governing Law

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict of law principles. Any dispute will be resolved by binding arbitration in Travis County, Texas, except for small-claims-court eligible matters.

14. Changes to These Terms

We may update these Terms occasionally. We will post the new Terms in the App and update the "Last updated" date. Continued use of the App after a change constitutes acceptance.

15. Contact

Questions? Email support@fitkinecpro.com.