Terms of Service
Effective 2026-05-28
These Terms of Service ("Terms") govern your use of Fitmax provided by Mott House LLC ("we", "us"). By creating an account or using the Service, you agree to these Terms.
1. The Service
Fitmax is a fitness tracking and AI-coaching application. It helps you log workouts, plan training, track progress, and converse with an AI coach that suggests adjustments based on your training history.
2. Eligibility and account
You must be at least 13 years old (16 in the EEA) and able to form a binding contract to use Fitmax. You are responsible for any activity that occurs under your account. Notify us immediately if you suspect unauthorized access.
3. Subscriptions and payment
Fitmax offers a free trial followed by an auto-renewing subscription ("Pro"). Subscriptions are billed through Apple's in-app purchase system, are charged to your Apple ID, and auto-renew unless cancelled at least 24 hours before the end of the current period. Manage or cancel your subscription from your Apple ID settings.
Refunds are issued by Apple in accordance with their refund policies. We do not process refunds directly.
4. AI coach — not medical advice
The AI coach's suggestions are general fitness guidance generated by a large language model. It is not a substitute for medical advice, diagnosis, or treatment. Consult a qualified healthcare professional before starting any new exercise program, particularly if you have an injury, medical condition, or are pregnant. You assume all risk when acting on coach suggestions.
5. Your content
You retain all rights to the training data, measurements, and messages you submit ("Your Content"). You grant us a limited license to host, process, and display Your Content to provide the Service to you. We will never sell Your Content.
6. Acceptable use
You agree not to:
- Use the Service for illegal purposes.
- Reverse-engineer, scrape, or attempt to extract source code or other users' data.
- Impersonate another person or misrepresent your affiliation.
- Attempt to interfere with or disrupt the Service or its servers.
- Use the AI coach to generate harmful, illegal, or harassing content.
7. Termination
You may delete your account at any time from Settings → Account → Delete account. We may suspend or terminate your account if you materially breach these Terms. On termination, the license in Section 5 ends and your data is deleted as described in our Privacy Policy.
8. Intellectual property
We own the Fitmax software, design, and trademarks. These Terms do not transfer any rights to you other than the limited right to use the Service.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that results from using it will meet your goals.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTT HOUSE LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR US$50, WHICHEVER IS GREATER.
11. Governing law
These Terms are governed by the laws of the State of New York, United States, without regard to its conflict of laws principles. Any dispute will be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction there.
12. Changes
We may update these Terms from time to time. Material changes will be posted to this URL with a new Effective date. Continued use of the Service after changes constitutes acceptance.
13. Contact
Questions? support@motthouse.com