Terms of Service

Last Updated: April 17, 2026

Welcome to Fitness Lifestyle! These Terms of Service ("Terms") govern your access to and use of the Fitness Lifestyle mobile application (the "App"), our website located at https://fitnes-lifestyle.web.app (the "Website"), and any related services (collectively, the "Services").

These Services are provided by Benjamins Digital Solutions ("we," "us," or "our").

By accessing or using the Services, you ("you" or "User") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Eligibility

You must be at least 13 years of age to use our Services. By agreeing to these Terms, you represent and warrant that you meet this age requirement.

2. Services and Subscriptions

Services: Fitness Lifestyle provides a platform for workout tracking, personalized fitness plans, meal planning, nutritional information, step counting, water tracking, etc. We may offer different levels of access to the Services, including free and paid subscription options. Our Services also utilize the Health Connect API by Google to synchronize health and fitness data.

Subscriptions: Some features of the Services may require a paid subscription ("Subscription"). Details regarding the specific features, duration, and terms of each Subscription are available within the App and on our Website.

Free Trials: We might, from time to time, introduce a subscription with a free trial. The free trial period of your subscription lasts for the period as specified during sign-up. Unless you cancel before the end of the free trial, you authorize us to charge the payment method you provided on the agreed-upon subscription fee (e.g. monthly, yearly).

3. Prices and Payments

  • Prices: The prices for Subscriptions are displayed within the App. Prices are subject to change, but we will provide reasonable notice of any price changes affecting your existing Subscription.
  • Payment Methods: We accept payments through the Google Play Store and Apple App Store.
  • Conclusion of Contract: The contract for a Subscription is concluded when you confirm your purchase through the respective marketplace's payment system.
  • Automatic Renewal: Subscriptions will automatically renew for the same duration as the initial Subscription period unless you cancel your Subscription before the renewal date. You are responsible for managing your Subscription and canceling it if you do not wish to renew.
  • Payment Authorisation: You authorize the relevant Marketplace provider (Apple, Google, or Huawei) to charge the applicable fees to your designated payment method.

4. Cancellations and Refunds

  • Cancellations: You can cancel your Subscription at any time through the respective marketplace where you purchased it.
    • iOS: Cancellations are managed through your Apple ID settings.
    • Android: Cancellations are managed through the Google Play Store.
  • Refunds: Refund policies are determined by the respective marketplace. Refund requests are handled by Apple for iOS and Google Play for Android.
  • Effect of Cancellation: Upon cancellation, you will continue to have access to the Subscription features until the end of your current billing cycle. No further charges will be made after the current billing cycle ends.

5. User Account

Account Creation: To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.

Account Security: You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

Account Termination: We may suspend or terminate your account, at our sole discretion, if you violate these Terms or engage in any conduct that we deem harmful to the Services or other users.

6. Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. Please review our Privacy Policy.

Prohibited Use of Health Data

In strict compliance with Google Play's 2026 Health and Fitness guidelines, we commit to the following regarding your sensitive health data (including data synchronized via Health Connect):

  • We will never use health data for determining insurance or employment eligibility.
  • We will never use health data for personalized advertising or credit-worthiness assessments.
  • We will never engage in unauthorized social sharing of your sensitive health information.

7. Individual's Health

Not Medical Advice

The Services, including any information provided within the App or on the Website, are for informational and educational purposes only and do not constitute medical advice. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment.

  • AI Disclaimer: All AI-generated suggestions are algorithmic and not a substitute for professional human advice.
  • Consult a Healthcare Professional: Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or before making any decisions related to your health or treatment. Do not disregard professional medical advice or delay in seeking it because of something you have read or accessed through the Services.
  • Assumption of Risk: You acknowledge and agree that your use of the Services is at your own risk. You are solely responsible for your health and well-being.
  • Emergencies: In case of a medical emergency, call your local emergency number immediately. Do not rely on the Services for emergency medical assistance.

8. Liability and Guarantees

Disclaimer of Warranties: THE SERVICES ARE 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification: You agree to indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

Intellectual Property: The App contains content (images, icons, etc.) owned by third parties and licensed to the Developer. Users do not acquire any ownership rights to this third-party content by using the Services.

9. Suspension of Access; Scheduled Downtime; Modifications

  • Suspension of Access: We may suspend your access to the Services, in whole or in part, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms, applicable law, or is harmful to the interests of another user, a third party, or us.
  • Scheduled Downtime: We may schedule downtime for maintenance, upgrades, or other purposes. We will use reasonable efforts to provide advance notice of scheduled downtime, but we are not liable for any unavailability of the Services due to scheduled or unscheduled downtime.
  • Modifications to Services: We may modify or discontinue the Services, or any portion thereof, at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.

10. Changes to Terms

We may modify these Terms at any time. We will post the updated Terms on the App and Website and update the "Last Updated" date. We may also notify you of material changes via email or through the App. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

11. Severability and Survival

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Survival: The following sections shall survive any termination of these Terms: 5 (User Account), 6 (Data Protection), 7 (Individual's Health), 8 (Liability and Guarantees), 11 (Severability and Survival), 12 (Contact Us), and 13 (Governing Law and Dispute Resolution).

12. Contact Us

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

BenjaminsDigitalSolutions@gmail.com

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Johannesburg, South Africa.