Terms of Service

Section 1

Agreement

These Terms of Service (“Terms”) are a legal agreement between you and GOODFITNESS LLC, a Florida limited liability company doing business as Good Fitness (“Good Fitness,” “we,” “us,” or “our”). They govern your use of the Good Fitness mobile application, our website at thegoodfitness.com, and all training programs, meal plans, guides, coaching, and related services we provide, including any downloadable software you install on your device (together, the “Service”).

Our Privacy Policy and our Refund and Cancellation Policy are incorporated into and are part of these Terms. Where those documents cover the same subject, they are written to say the same thing. If any conflict remains, these Terms control. Capitalized terms not defined elsewhere have the meaning given to them here.

Section 2

Eligibility and Authority

You must be at least 18 years old to create an account or purchase anything from us. The Service is not intended for and is not directed to anyone under 18, and we do not knowingly collect information from anyone under 18. If we learn an account belongs to someone under 18, we will close it and delete the associated information. Use of the Service is void where prohibited by law.

You represent and warrant that any profile information you submit is true and accurate, that you will keep it current, that you are 18 or older, and that you are fully able and competent to enter into and abide by these Terms.

If you are using the Service on behalf of an employer, an organization, or any other person, you represent and warrant that you are authorized to accept these Terms on their behalf, and these Terms bind both you and them.

Section 3

Your Account

You must create an account to use the Service. When registering, you must provide accurate and complete information and promptly update it to keep it current. If you provide information that is inaccurate or incomplete, or we have reason to believe it is, we may suspend or terminate your account and your use of the Service.

You are solely responsible for all activity that occurs through your account. To protect your account from unauthorized use, do not provide your credentials to or share your account with anyone else. Notify us immediately of any unauthorized use of your account or any other breach of security by emailing wecare@thegoodfitness.com.

Section 4

What the Service Is

The Service is an education tool designed to help with various forms of fitness, health, and wellbeing, including but not limited to conventional strength training, glute focused and lower body training, postpartum wellness, high intensity interval training, cardio guidance, nutrition and meal planning, meditation, and breath work.

It is instructive and educational content. It is not a personalized medical, clinical, nutritional, or rehabilitative service, and it is not supervised training. See Section 11.

Free to try, free to download

The Good Fitness app is a free download. You will not be billed until you complete the purchase of a program. Day 1 of every training program is unlocked at no cost so you can try it before you buy. We do not offer free trial periods for custom meal plans.

Section 5

What You Are Buying

Your purchase has two parts, and you are agreeing to both. One is a charge you pay today. The other is a recurring monthly charge that starts later and continues until you stop it. Please read both before you buy.

Part one: the program

The price shown at checkout, for example $79 or $127, is the price of that specific program, and it is charged when you buy. That program is then yours and does not expire. Programs are sold individually. The Home and Gym versions are separate products and are not exchangeable for one another.

Part two: the membership

Your program purchase includes a period of membership access at no extra charge. The length of that included period depends on the plan you buy and is shown on the checkout screen at the time of purchase. When it ends, membership continues automatically at $9.99 per month until you cancel.

Membership keeps your programs, the standard meal plan, and the cardio guides unlocked in the app. It is one charge for your whole account, not one per program. Buying additional programs does not raise your monthly price. The included access period applies one time only, to your first purchase. If you later buy an additional program, no new included period applies to it.

Optional add ons such as a custom meal plan are sold separately at the price shown at checkout and are not part of the membership.

Section 6

Billing and Payment Authorization

6.1 What you are authorizing

When you purchase a program, you authorize us and our payment processors to store your payment method and to charge it for:

• the program price, at the time of purchase, and
• $9.99 per month, beginning on the first charge date shown to you at checkout and continuing every month on that same calendar day, until you cancel.

You are agreeing to a recurring charge that continues indefinitely unless you take action to stop it.

6.2 Payment processors

Payments are handled by Stripe or PayPal, depending on which you choose at checkout. We never see or store your full card number. If you pay through PayPal, you are also creating a billing agreement with PayPal that authorizes the recurring charge, and that agreement is governed by PayPal's terms in addition to ours.

6.3 What we show you before you pay

Before you enter payment information, we will show you on the same screen: the program price, the length of your included access period, the exact calendar date your first $9.99 charge will occur, the monthly amount and frequency, and how to cancel. You must separately check a box confirming you understand and agree to the recurring charge. We record the date, time, and IP address of that confirmation.

6.4 Notices you will receive

• A purchase confirmation immediately after you buy, restating the amount, your included access period, your first charge date, and a cancellation link.
• A reminder at least 7 days before your first $9.99 charge, restating the amount, the date, and a cancellation link.
• A receipt after every monthly charge, including the amount and a cancellation link.

Keeping your email address current in your account settings is your responsibility. These notices are sent to the address on file and are considered delivered when sent, whether or not you open or receive them.

6.5 Your payment method

Please ensure sufficient funds are available on your payment method to avoid interruptions to your service. You can update your payment method at any time in the settings section of the app.

6.6 Failed payments

If a charge is declined, we may retry it over the following 14 days. If it still fails, we may suspend your membership access. Your purchased programs stay tied to your account and access is restored when payment succeeds.

6.7 Price changes

We may adjust the membership price from time to time. If we do, we will email you at least 30 days before the new price takes effect, and you may cancel before then. Continuing your membership past the effective date means you accept the new price.

6.8 Taxes and currency

All prices are in U.S. dollars. You are responsible for any sales, use, or value added tax that applies where you live, and for any foreign transaction or currency conversion fees your bank charges.

6.9 Purchases made through the App Store or Google Play

The Good Fitness app is a free download and programs are normally purchased through our website. If you purchase or subscribe through Apple or Google instead, that store processes your payment and controls your billing. You must cancel through that store's subscription settings, and refunds are handled under that store's policy rather than ours. We cannot cancel or refund a store managed subscription on your behalf.

Section 7

Cancellation

If you would rather we handle it, email wecare@thegoodfitness.com and we will cancel for you and confirm by email within 2 business days. Email is a backup, not the required path.

What happens when you cancel

• Your membership stays active through the end of the monthly period you already paid for, then ends.
• You are not charged again.
• The amount already paid for the current period is not refunded and is not prorated.
• Your purchased programs stay in your account permanently. If you restart your membership later, everything unlocks again exactly as you left it.

If you subscribed through PayPal, cancelling in our app also cancels the billing agreement. You can additionally cancel it directly in your PayPal account under Automatic Payments. If you subscribed through Apple or Google, see Section 6.9.

Section 8

Refunds

Refunds are governed by our Refund and Cancellation Policy, which is part of these Terms. In short: program purchases are final and monthly membership charges are nonrefundable. Cancelling stops all future charges but does not refund the period you have already paid for. Nothing in this section limits any refund right you have under the law where you live.

Section 9

Before You Dispute a Charge

Your charge appears on your statement as GOODFITNESS.COM.

Filing a chargeback or a PayPal dispute on a charge you authorized, instead of contacting us first, costs us the full disputed amount plus a processor fee even when the charge was correct, and it takes months to resolve. Contacting us takes a day.

If you file a dispute on a charge you authorized under these Terms, we may suspend or close your account and revoke access to the programs associated with it, and we may pursue the amount owed together with any fees we incur. This does not affect your right to dispute a charge you genuinely did not authorize, and it does not waive any right you have under federal or state law.

Section 10

Text Messages and Email

We ask for your mobile number so we can set up your app access and match your purchase to your account. We will only send you marketing text messages if you separately opt in by checking the box at checkout or in your account settings. That consent is not a condition of buying anything from us.

If you do opt in, message and data rates may apply and message frequency varies. Reply STOP to any message to opt out, or HELP for help.

Separately from marketing, and regardless of your marketing choices, we will send you transactional messages about your account and your billing, including the purchase confirmation, the pre billing reminder, and monthly receipts described in Section 6.4. You cannot opt out of those while you have an active membership, because they are how we make sure you always know what you are being charged and when.

By using the Service you consent to receive communications from us electronically. These may include notices about your account and information concerning the Service. You agree that any notices, agreements, disclosures, or other communications we send you electronically satisfy any legal requirement that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications provider or any other service provider related to your use of the Service, including without limitation SMS and text messaging fees, data charges, and other fees.

Section 11

Health and Safety

We do not in any way guarantee or warrant the accuracy, completeness, or usefulness of any content found in the Service. Use of any information provided through the Service is solely at your own risk.

Consult your physician or health care provider before starting any fitness, health, or wellbeing program, or if you have any questions or concerns about your physical or mental health. Do not start a program if your physician or health care provider advises against it.

Engaging in any fitness, health, or wellbeing activity, including strength training or any other form of mental or physical exercise, carries a risk of injury. By using the Service, you accept all responsibility for your physical and mental health and any resulting injury or mishap that may affect your wellbeing or health, and your baby's wellbeing or health, in any way.

Do not use the Service while driving, operating heavy machinery, or engaging in any other activity that requires your concentration.

Pregnancy and postpartum

We do not recommend engaging in any health or fitness activity without appropriate supervision if you are pregnant. If you are pregnant, recently gave birth, or are recovering from any pregnancy related condition including diastasis recti or pelvic floor dysfunction, obtain clearance from your physician or a qualified pelvic health provider before beginning any program, including Mom Body. Mom Body is educational content, not individualized postpartum rehabilitation.

Stop immediately and seek medical attention

If you experience faintness, dizziness, chest pain, shortness of breath, unusual bleeding, or sharp or persistent pain at any time while exercising or using the Service, stop immediately and seek immediate medical attention. If you experience anxiety, depression, or the worsening of any psychological condition while using the Service, stop immediately and seek medical attention.

We assume no responsibility for injuries suffered while practicing these techniques, and GOODFITNESS LLC shall not be held liable for any damages, circumstances, conditions, or injuries that may occur, directly or indirectly, from engaging in any activities or ideas presented through the Service.

Section 12

Our Content

All programs, workouts, videos, meal plans, guides, text, graphics, photographs, software, and the design and arrangement of the Service are owned by GOODFITNESS LLC or licensed to us, and are protected by United States and international copyright and trademark law. GOODFITNESS LLC reserves all rights in the Service and its content.

We grant you a personal, limited, nonexclusive, nontransferable, revocable license to access and use the content you have purchased, for your own individual training only.

You may not copy, reproduce, screenshot for redistribution, download for redistribution, republish, resell, rent, sublicense, share login access, post to a group chat, cloud drive, or file sharing site, or use any of our content to train clients of your own, to teach classes, or to build a competing product or service. You may not reverse engineer, decompile, or attempt to derive the source code of any Good Fitness software.

Violating this section terminates your license immediately. We may close your account without refund and seek any other legal remedy available to us.

Section 13

What You Post

You keep ownership of photos, videos, messages, and other content you submit (“Your Content”). By submitting it, you grant us the permission we need to store, process, and display it in order to operate the Service for you.

You are solely responsible for Your Content and you represent that you have the right to submit it. Do not submit anything unlawful, abusive, harassing, defamatory, or obscene, anything that infringes any third party's intellectual property or privacy rights, or photographs of anyone other than yourself. If you believe content on the Service infringes your copyright, see Section 14.

Anything you voluntarily post in a publicly accessible area of the Service will be visible to anyone with access to that area, including other users. You control what you make public through your account settings.

Feedback. If you provide feedback about the Service, you acknowledge that it is not confidential and you grant GOODFITNESS LLC a nonexclusive, royalty free, fully paid, perpetual, irrevocable, transferable, and fully sublicensable right to use that feedback in any manner and for any purpose, without restriction and without payment to you.

Section 14

Copyright Complaints (DMCA)

We respect the intellectual property rights of others and expect users of the Service to do the same. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512.

14.1 How to report infringing content

If you believe that content available on or through the Service infringes a copyright you own or control, send a written notice to our Designated Copyright Agent below. To be effective, your notice must include all of the following:

• A physical or electronic signature of the copyright owner, or of a person authorized to act on the owner's behalf
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list of those works
• Identification of the material claimed to be infringing, and information reasonably sufficient to permit us to locate it, such as a URL or a description of where it appears in the app
• Your contact information, including your mailing address, telephone number, and email address
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf

14.2 Designated Copyright Agent

Please use the subject line “DMCA Notice” so your message reaches the right person quickly.

14.3 What we do when we receive a notice

Upon receiving a notice that substantially complies with the requirements above, we will act expeditiously to remove or disable access to the material identified, and we will take reasonable steps to notify the user who posted it that the material has been removed or disabled.

14.4 Counter notification

If your content was removed or disabled and you believe this was the result of a mistake or a misidentification, you may send a written counter notification to our Designated Copyright Agent that includes all of the following:

• Your physical or electronic signature
• Identification of the material that was removed or disabled, and the location at which it appeared before removal
• A statement, made under penalty of perjury, that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification
• Your name, mailing address, and telephone number, together with a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which GOODFITNESS LLC may be found, and that you will accept service of process from the person who provided the original notice or that person's agent

If we receive a valid counter notification, we may forward it to the party who submitted the original notice and may restore the removed material in 10 to 14 business days, unless that party first notifies us that they have filed an action seeking a court order to restrain the allegedly infringing activity.

14.5 Repeat infringers

We will terminate, in appropriate circumstances, the accounts of users who we determine to be repeat infringers. We may also terminate an account at any time for a single instance of infringement where the circumstances warrant it, as provided in Section 22.

14.6 Misrepresentation

Please consider consulting an attorney before submitting a notice or a counter notification.

Section 15

Third Party Content and Promotions

Promotions. We may email you or otherwise provide coupons, offers, and specials from third parties (“Promotions”). We are not responsible for the redemption, errors, omissions, or expiration of any Promotion. All Promotions featured as part of the Service are subject to change without notice, and we have no control over their legality or the ability of any merchant to complete them, including the sale of any item in accordance with the offer.

Third party content and links. The Service may contain links to web pages and content of third parties (“Third Party Content”) as a service to those interested in that information. We do not monitor, endorse, or adopt, and have no control over, any Third Party Content. We undertake no responsibility to update or review it and make no guarantee as to its accuracy or completeness.

If you follow a link or otherwise navigate away from the Service, these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Content provider you navigate to. You access and use Third Party Content at your own risk.

Advertising. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with those dealings, are solely between you and that third party.

Section 16

Access, Equipment, and Support

Equipment and connectivity. GOODFITNESS LLC does not provide you with the equipment needed to use the Service. You are responsible for obtaining and maintaining any device, operating system, and internet or mobile connection required, and you are responsible for all fees charged by third parties in connection with your access to and use of the Service, including charges by internet service providers and mobile carriers.

Support. We provide customer support as a courtesy and aim to respond to support requests within 2 business days. Except where these Terms expressly require otherwise, such as the billing notices in Section 6.4 and the cancellation path in Section 7, we are not obligated to provide support for the Service and we do not guarantee that any particular issue will be resolved.

Availability. We do not warrant that the Service will be available at any particular time or free from interruption. Access may be limited or unavailable due to maintenance, technical failures, or circumstances beyond our control.

Section 17

No Warranties

We make no guarantee of uninterrupted or error free service, or of the accuracy, security, or integrity of any data transmitted through the Service.

Any issues arising from your use of the Service, including harm to your mobile device, computer, or other equipment, or loss of data, are solely your responsibility.

No advice or information, whether oral or written, obtained from us or through the Service, creates any warranty not expressly stated in these Terms.

We do not guarantee any particular fitness, body composition, weight, strength, aesthetic, or health result. Results vary based on genetics, adherence, nutrition, sleep, medical history, prior training, and many factors outside our control. Any results shown in our marketing are individual experiences and are not typical, promised, or guaranteed outcomes.

Some jurisdictions do not allow certain warranty disclaimers. In those cases the disclaimers above may not apply to you and you may have other rights.

Section 18

Limitation of Liability

Our total aggregate liability to you for any and all claims relating to the Service will not exceed the total amount you paid us in the twelve months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those cases the limitations above may not apply to you. Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or anything else that cannot be limited by law.

Section 19

Indemnification

You will defend, indemnify, and hold harmless GOODFITNESS LLC and its owners, officers, members, directors, agents, employees, contractors, licensors, suppliers, and distributors from and against any and all claims, damages, losses, costs, expenses, and liabilities, including reasonable attorneys' fees, arising out of or relating to your use of the Service, your violation of these Terms, Your Content, or your violation of any rights of a third party through your use of the Service.

Section 20

Dispute Resolution

20.1 Let's talk first

Before starting any formal proceeding, email wecare@thegoodfitness.com with a description of the dispute and what you want. We will try to resolve it within 30 days. Most matters end here.

20.2 Arbitration

If we cannot resolve it informally, you and GOODFITNESS LLC agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Arbitration will be conducted by a single arbitrator, in writing or by video where possible, and may be held in your home county if you request it. The Federal Arbitration Act governs this section.

20.3 Exceptions

Either of us may bring an individual claim in small claims court instead. Either of us may seek injunctive or equitable relief in court to protect intellectual property or confidential information.

20.4 No class actions

20.5 Your right to opt out

You may opt out of Sections 20.2 and 20.4 by emailing wecare@thegoodfitness.com with the subject line “Arbitration Opt Out” within 30 days of first accepting these Terms. Include your name and account email. Opting out does not affect anything else in these Terms and will not affect your account.

Section 21

Governing Law, Venue, and Claims

These Terms will be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law provisions. Subject to Section 20, you agree that any judicial proceedings will be brought in, and you hereby consent to the exclusive jurisdiction and venue of, the state and federal courts located in Miami-Dade County, Florida. Nothing here deprives you of the protection of mandatory consumer laws in the state or country where you live.

Section 22

Termination

You may terminate your use of the Service at any time by cancelling your membership under Section 7, deleting your account in Settings, and deleting any Good Fitness software from your device or computer.

We may suspend or terminate your access to the Service at any time, for any reason. If we suspect that you have violated any provision of these Terms, we may also seek any other available legal remedy. Your rights under these Terms terminate automatically if you fail to comply with any of these Terms.

Upon termination, you must destroy or delete any copy of Good Fitness software or content in your possession. You remain solely liable for all obligations related to your use of the Service, including any amounts owed, even after you have stopped using the Service.

Neither GOODFITNESS LLC nor any of its licensors, suppliers, or publishers is liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to it.

Sections 8 through 24 survive any termination of these Terms.

Section 23

Changes to These Terms and to the Service

23.1 We may change these Terms at any time

We reserve the right to modify, add to, or remove any part of these Terms at any time, at our sole discretion. When we do, we will post the revised Terms at thegoodfitness.com with a new version number and effective date, and we will indicate on the Service that a change has been made.

23.2 Notice, and what happens if you do not receive it

We will make reasonable efforts to notify you of changes, normally by email to the address on your account, by a notice in the app, or by a posting on our website. Any notice we send is considered delivered when we send it to the email address on file, whether or not you open it, read it, or actually receive it.

Keeping your email address current in your account settings is your responsibility. Non receipt of a notice does not delay, invalidate, or excuse you from a change to these Terms. Posting the revised Terms on our website is itself sufficient notice.

23.3 We may change or discontinue the Service

We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Service, including individual programs, features, or content, at any time and without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. If we discontinue the Service entirely, we will stop billing your membership.

23.4 Version history

We keep an archive of every version of these Terms and the dates each was in effect. If you want to know which version applied when you purchased, email wecare@thegoodfitness.com and we will send it to you.

Section 24

General

Assignment. These Terms, and any rights or licenses granted under them, may not be transferred or assigned by you, but may be assigned by GOODFITNESS LLC without restriction. Any assignment attempted in violation of these Terms is void.

No waiver. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver is effective only if in writing and signed by GOODFITNESS LLC.

Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in that provision, and the remaining provisions of these Terms remain in full force and effect.

Force majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disaster, epidemic, war, civil unrest, labor action, power or internet failure, or the acts or omissions of third party providers.

Headings. Section headings are for convenience only and do not affect interpretation.

Entire agreement. These Terms, together with the Privacy Policy and the Refund and Cancellation Policy, constitute the entire agreement between you and GOODFITNESS LLC regarding your use of the Service and supersede all prior agreements and understandings.

Section 25

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