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Terms of Use

Terms of Use

Last updated: February 24, 2026

Welcome to Fitsse (“Fitsse”, “we”, “us”). These Terms of Use (“Terms”) govern access to and use of the Fitsse platform, including the website, app, features, content, services, and any resources made available (collectively, the “Platform”).

By accessing, registering, subscribing, or using the Platform, you (“User” or “you”) state that you have read, understood, and agree to these Terms and to Fitsse’s Privacy Policy.

1. Fitsse Identification

Fitsse is a Nexeup company, headquartered in Albany, NY.

2. Definitions

To facilitate understanding, the following definitions apply:

Account: the User’s individual registration on the Platform.

Subscription/Plan: a recurring contracting model, billed monthly and/or annually.

Content: information, texts, workouts, recipes, materials, recommendations, videos, images, and other resources displayed on the Platform.

3. Eligibility and Registration

3.1. To use the Platform, you represent that you: have legal capacity to accept these Terms; and will provide true, current, and complete information during registration.

3.2. If you are under 18 years old, use of the Platform must occur with the assistance and consent of a legal guardian, where applicable.

3.3. You agree that the email provided during registration belongs to you and is linked to your Fitsse Account.

4. Account, Password, and Security

4.1. You are solely responsible for keeping your password confidential and for all activities carried out under your Account.

4.2. If you suspect unauthorized access, you must immediately notify Fitsse through official channels.

4.3. Fitsse may adopt security and verification measures (including technical validations) to protect the User and the Platform.

5. Services, Content, and the Nature of Recommendations

5.1. Fitsse provides content and features focused on training/exercise and nutrition, based on information provided by the User and/or general parameters.

5.2. Fitsse does not provide medical, hospital, or emergency services, and the recommendations displayed do not replace professional evaluation (physician, nutritionist, physical education professional, and others).

5.3. Results may vary depending on individual factors. Fitsse does not guarantee specific results (e.g., weight loss, muscle gain, performance).

6. Code of Conduct and Proper Use

6.1. By using the Platform, you agree to: comply with these Terms and applicable law; not use the Platform for unlawful, fraudulent, offensive, discriminatory, abusive purposes, or in ways that violate third-party rights; not attempt to access restricted areas, third-party accounts, systems, APIs, or databases improperly; not reverse engineer, decompile, exploit vulnerabilities, automate abusive access, or interfere with the Platform’s operation.

6.2. The use of names, data, and information provided during training and nutrition processes is entirely the User’s responsibility, including the accuracy and suitability of such information.

6.3. If you do not agree with these Terms, do not use the Platform. By creating an Account and/or subscribing, you confirm your agreement.

7. Privacy and Data Protection (LGPD)

7.1. The User agrees to and authorizes the processing of their personal data as described in Fitsse’s Privacy Policy, including the use of cookies and similar technologies, where applicable.

7.2. Fitsse processes data in accordance with applicable law (including Brazil’s General Data Protection Law – LGPD) and may use operators/partners (e.g., payment providers, hosting, analytics) strictly to enable the service.

7.3. For more information about purposes, legal bases, sharing, and data subject rights, please refer to the Privacy Policy.

8. Payments, Subscriptions, and Recurring Charges (Monthly/Annual)

8.1. Payments for services are made through the specific page on the website and/or app, using the payment method chosen by the User.

8.2. Fitsse offers plans with monthly and/or annual billing, as indicated at the time of purchase.

8.3. Authorization for automatic charges (recurrence): by providing and registering a payment method, you expressly authorize Fitsse (and its payment processors) to automatically charge the subscription amount, at the selected frequency (monthly or annual), until you cancel the subscription, under these Terms.

8.4. Credit card: the corresponding plan amount will be charged automatically each period.

8.5. Bank transfer/Invoices (if applicable): an invoice and/or periodic charge may be issued to the registered email, depending on the plan and method availability.

8.6. In case of payment failure (e.g., insufficient funds, expired card), Fitsse may: attempt new charges; suspend access to paid features; and/or cancel the subscription after reasonable attempts, at its discretion.

8.7. Fitsse may change prices, plans, and promotional conditions with prior notice where applicable, in compliance with applicable law and payment provider rules.

9. Cancellation, Renewal, and Refunds

9.1. The subscription is, by default, automatically renewed at the end of each cycle (monthly or annual) while it remains active.

9.2. The User may request cancellation according to the instructions available on the Platform and/or via support. Cancellation prevents new charges starting from the next cycle, except for specific rules displayed at the time of purchase.

9.3. Refunds, when applicable, will follow: the subscribed plan’s terms; the payment method rules; and consumer protection laws, where relevant.

10. Training – Important Notices and User Responsibility

10.1. Fitsse may recommend exercises and workout routines. If you experience weakness, pain, shortness of breath, dizziness, intense redness, malaise, or any relevant symptom, you must immediately stop the activity and seek medical care.

10.2. The User acknowledges that exercising involves risks and that the decision to perform any workout is solely the User’s responsibility.

10.3. Fitsse uses recommendations based on information provided by the User and/or general parameters and assumes no responsibility for improper use, incorrect execution, omission of health information, or failure to follow safety guidance.

11. Nutrition – Important Notices and User Responsibility

11.1. Fitsse may list recipes and nutritional suggestions. If you have allergies, dietary restrictions, medical conditions, or contraindications, you must check ingredients and, if necessary, stop using the recommendations and seek professional guidance.

11.2. The User acknowledges that recipes are based on limited information and that adopting any recommendation is solely the User’s responsibility.

11.3. Fitsse is not responsible for allergic reactions, adverse effects, or improper use of the recipes and guidance provided.

12. Responsibilities and Limitations

12.1. The User expressly agrees that Fitsse will not be responsible for: loss of User data, which is entirely the User’s responsibility (including backups and recordkeeping); consequences of using workouts, exercises, training, and/or nutrition; relationships, negotiations, transactions, or disputes with third parties; unavailability due to force majeure, internet failures, third-party services, app stores, carriers, or payment processors.

12.2. Fitsse commits to: making the service available according to the subscribed plan and technical availability; providing the services purchased via the website/app—whether a bundle or a single service—according to the descriptions in effect at the time of purchase, and recommends that the User review conditions before contracting.

12.3. To the maximum extent permitted by law, Fitsse’s liability for proven damages will be limited to the amount actually paid by the User to Fitsse in the last [3/6/12] months, depending on the nature of the plan, except where applicable law provides otherwise.

13. Intellectual Property

13.1. The Platform and all its Content (trademarks, the name “Fitsse”, layout, code, texts, materials, databases, and other elements) are owned by Fitsse or licensed to it and are protected by intellectual property laws.

13.2. It is prohibited to copy, reproduce, distribute, modify, publish, license, sell, rent, transmit, or commercially exploit any part of the Platform without Fitsse’s prior written authorization.

14. User-Submitted Content

14.1. If the Platform allows the submission of data, texts, images, comments, or other information (“User Content”), you represent that you have the necessary rights and that such content does not violate third-party rights or the law.

14.2. The User grants Fitsse a limited, non-exclusive, royalty-free license to use User Content to the extent necessary to operate, maintain, and improve the Platform, always in accordance with the Privacy Policy.

15. Suspension and Account Termination

15.1. Fitsse may, at its sole discretion, suspend, limit, or terminate the User’s access and/or terminate the Account at any time, especially (but not only) in the event of: a breach of these Terms; suspected fraud, abuse, security risk, or misuse; a legal or regulatory requirement or an order from a competent authority.

15.2. Right not to disclose the reason: Fitsse reserves the right not to inform the User of the specific reasons for termination when it deems it necessary to protect the security and integrity of the Platform, third parties, or for legal and operational reasons.

15.3. Termination may result in loss of access to content, history, and features, subject to applicable legal and contractual limits.

16. Changes to these Terms

16.1. Fitsse may update these Terms at any time to reflect improvements, legal changes, or operational adjustments.

16.2. When changes are relevant, Fitsse may notify the User by reasonable means (e.g., notice on the Platform, email). Continued use after an update indicates acceptance of the new Terms.

17. Communications

17.1. The User authorizes receiving service-related communications (e.g., registration confirmation, charges, updates, security, support) by email, push notifications, and/or in-app notifications.

18. General Provisions

18.1. Any tolerance regarding a breach of any clause will not constitute a waiver of rights.

18.2. If any clause is deemed invalid, the remaining clauses will remain in full force and effect.

18.3. These Terms constitute the entire agreement between the parties regarding use of the Platform.

19. Contact

If you have questions, requests, cancellation, or need support, contact us through the form in the app or on the website.

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