Terms of Service

1. Who we are and who can use FitStrong 50+

FitStrong 50+ is a fitness application operated by Second Wind Health LLC ("Company," "we," "us," or "our"), a limited liability company registered in the United States. Our app is designed to help adults aged 50 and older build strength, improve cardiovascular health, and track their fitness progress.

You may use FitStrong 50+ only if you are at least 18 years of age. By using the app, you represent that you meet this requirement. The app is not designed for or directed at children under 18, and we do not knowingly collect information from minors.

2. Health and medical disclaimer

Before beginning any new exercise program, you should consult your physician or a qualified healthcare provider, especially if you have or suspect you may have a heart condition, high blood pressure, diabetes, osteoporosis, joint problems, or any other medical condition that may be affected by physical activity.

The workout programs, AI-generated recommendations, weight progressions, and cardio suggestions provided by FitStrong 50+ are for general fitness purposes only. Individual results vary. We do not guarantee any specific fitness outcome, weight loss, or health improvement.

If you experience chest pain, shortness of breath, dizziness, unusual pain, or any other concerning symptoms during exercise, stop immediately and seek emergency medical care.

By using the app, you acknowledge that physical exercise carries inherent risks, including the risk of injury or death, and that you assume full responsibility for your participation in any exercise program suggested by the app.

3. Your account

To use most features of FitStrong 50+, you must create an account. You agree to:

• Provide accurate, current, and complete information when registering
• Keep your password secure and not share it with others
• Notify us immediately at jmichaelmanley@kw.com if you suspect unauthorized access to your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that provide false information, violate these terms, or engage in fraudulent activity.

4. Subscriptions and payments

FitStrong 50+ is offered on a subscription basis. Subscription pricing and terms are displayed within the app at the time of purchase.

Billing and renewal

Your subscription renews automatically at the end of each billing period at the then-current price unless you cancel at least 24 hours before the renewal date. Payment is charged to your Apple ID or Google Play account at confirmation of purchase. Prices are in US dollars unless otherwise stated and may vary by region.

Cancellation

You may cancel your subscription at any time through your device's subscription management settings:

• iOS: Settings → Apple ID → Subscriptions → FitStrong 50+
• Android: Google Play Store → Subscriptions → FitStrong 50+

Cancellation takes effect at the end of the current billing period. You will retain access to premium features until that date. We do not provide partial refunds for unused portions of a billing period, except where required by applicable law.

Price changes

We may change subscription prices from time to time. We will give you at least 30 days' advance notice of any price increase by email and/or in-app notification. Your continued use of the app after the price change takes effect constitutes your acceptance of the new price.

Refunds

All subscription purchases are processed by Apple App Store or Google Play and are subject to their respective refund policies. We do not control refund decisions made by Apple or Google. To request a refund, contact Apple Support or Google Play Support directly. We may issue courtesy refunds at our sole discretion in exceptional circumstances.

5. Free trial

We may offer a free trial period for new subscribers. The duration and availability of free trials are displayed in the app and may change. If you do not cancel before the end of the free trial, your subscription will automatically convert to a paid subscription and you will be charged. Only one free trial is available per Apple ID or Google account.

6. Acceptable use

You agree not to:

• Use the app for any unlawful purpose or in violation of any applicable law
• Attempt to reverse-engineer, decompile, or extract the source code of the app
• Scrape, crawl, or systematically collect data from the app
• Interfere with or disrupt the app's servers, networks, or infrastructure
• Attempt to gain unauthorized access to any account, system, or network
• Share your account credentials with others or use another person's account
• Use the app in a way that could harm, disable, overburden, or impair the service
• Upload or transmit any malicious code, viruses, or harmful content
• Misrepresent your identity or affiliation with any person or entity

We reserve the right to investigate violations and take appropriate action, including terminating your account.

7. Your content

You retain ownership of all personal data, workout logs, nutrition entries, photos, and other content you submit to the app ("Your Content"). By submitting Your Content, you grant Second Wind Health LLC a limited, non-exclusive, royalty-free license to store, process, and display Your Content solely for the purpose of providing and improving the service to you.

We do not claim ownership of Your Content and will not use it for advertising or share it with third parties except as described in our Privacy Policy. You are responsible for the accuracy of any content you submit.

8. Our intellectual property

FitStrong 50+, including all software, workout programs, AI models, designs, graphics, text, and other content created by Second Wind Health LLC, is owned by or licensed to Second Wind Health LLC and is protected by copyright, trademark, and other applicable intellectual property laws.

We grant you a limited, personal, non-transferable, non-sublicensable, revocable license to use the app on your personal device solely for your own non-commercial fitness purposes. This license does not give you any ownership rights in the app or its content. You may not reproduce, distribute, modify, create derivative works of, or commercially exploit any part of the app without our prior written consent.

9. Third-party integrations

FitStrong 50+ allows you to connect third-party services including Whoop, Garmin, Strava, and Apple Health. These integrations are optional and governed by the terms and privacy policies of the respective third-party providers. We are not responsible for the practices, availability, or content of any third-party service.

By connecting a third-party service, you authorize us to exchange data with that service on your behalf as described in our Privacy Policy. You may disconnect any integration at any time through the app's settings.

10. Disclaimer of warranties

11. Limitation of liability

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages, so the above limitations may not apply to you in full.

12. Indemnification

You agree to indemnify, defend, and hold harmless Second Wind Health 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 in any way connected with: (a) your access to or use of the app; (b) your violation of these Terms; (c) your violation of any third-party rights, including privacy or intellectual property rights; or (d) any injury or harm arising from your participation in any workout program while using the app.

13. Termination

You may stop using the app and delete your account at any time through the app's Profile settings. Upon account deletion, we will delete your personal data within 30 days in accordance with our Privacy Policy.

We may suspend or terminate your access to the app at any time, with or without notice, if we reasonably believe you have violated these Terms or if we discontinue the service. If we terminate your account without cause, we will refund any prepaid subscription fees for the unused portion of your current billing period.

Sections 2, 7, 8, 10, 11, 12, 14, and 15 of these Terms survive any termination.

14. Dispute resolution and arbitration

Informal resolution first

Before filing any formal legal claim, you agree to contact us at jmichaelmanley@kw.com and give us 30 days to attempt to resolve the dispute informally. Most concerns can be resolved this way.

Binding arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the app shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding.

Class action waiver

You agree that any arbitration or other proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions

Either party may bring an individual action in small claims court. Either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

Opt-out

You may opt out of the arbitration agreement by sending written notice to jmichaelmanley@kw.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

15. Governing law

These Terms are governed by and construed in accordance with the laws of the United States and the state in which Second Wind Health LLC is registered, without regard to conflict of law principles. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in that state.

16. Changes to these terms

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or features. When we make material changes, we will notify you through the app or by email at least 14 days before the changes take effect. The "last updated" date at the top of this page reflects the most recent revision.

Your continued use of FitStrong 50+ after the effective date of revised Terms constitutes your acceptance of those Terms. If you do not agree to the updated Terms, you must stop using the app and cancel your subscription before the effective date.

17. Contact us